DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1: Lines 2-3 claim a bead “to extend around the periphery of the glazing unit”. However, the glazing unit has not been positively recited as part of the assembly. It is suggested the glazing unit be positively recited or indicate the glazing bead is “configured to” interact with the glazing unit or similar functional language.
Regarding claims 7 and 9: The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 11: It appears the glazing bar being claimed is a duplicate of that already claimed in claim 1, which limitations are incorporated into claim 11. It is suggested that the claim read “A glazing bar for use in an assembly, the glazing bar…”.
Additional claims rejected under 35 USC 112 but not addressed are rejected as being dependent on a rejected base claim and failing to further remedy the issue(s).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6, and 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smith (US Patent No 3,918,202).
Referring to claim 1: Smith teaches an assembly for use with a window that comprises a glazing unit with at least one pane of glass, the assembly comprising a glazing bead (item 2) to extend around the periphery of the glazing unit, the glazing bead defining apertures (items 17 and 20) at locations at which a glazing bar is to fit, and at least one glazing bar (item 7) to extend across a face of the glazing unit, at least one end of the glazing bar comprising a spring-loaded pin (item 21) to engage with an aperture in the glazing bead, each aperture extending parallel to the face of the glazing unit, and the spring-loaded pin being movable along a line parallel to the face of the glazing unit to locate in the aperture, the glazing bar held securely such that it cannot fall off even if pulled away from the glazing unit (col 2, lines 65-68).
Referring to claim 6: Smith teaches all the limitations of claim 1 as noted above. Additionally, Smith teaches wherein the glazing bead has an outer face that slopes at an acute angle away from the face of the glazing unit, and the glazing bar also defines at least one outer face that slopes at an acute angle away from the face of the glazing unit (figure 5).
Referring to claim 11: Smith teaches all the limitations of claim 1 as noted above. Additionally, Smith teaches a glazing bar (item 7)comprising a spring-loaded pin (item 21) at at least one end.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 3, and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith.
Referring to claim 2: Smith teaches all the limitations of claim 1 as noted above. Smith does not specifically teach each glazing bar comprises spring-loaded pins at each end. However, It would have been obvious to one of ordinary skill to recognize that Smith indicating “at the ends f the bars…” (col 2, lines 46-50) would suggest the attachment mechanism is present in both ends of the bars. One of ordinary skill in the art could choose to use the same attachment mechanism at both ends to make operation simple.
Referring to claim 3: Smith teaches all the limitations of claim 1 as noted above. Additionally, Smith teaches each glazing bar comprises a fixed projecting pin (item 16) at one end. Smith does not specifically teach the fixed projecting pin at one end with the spring-loaded pin at the other end. However, it would have been obvious to one of ordinary skill in the art at the time of filing to choose any combination of attachment mechanisms taught by Smith to make attachment easier. Using the fixed pin in one end allows for installation of the bar after assembly by first aligning the fixed pin then installing the spring loaded end to finalize placement of the bar.
Referring to claim 7: Smith teaches all the limitations of claim 1 as noted above. Smith does not specifically teach wherein the glazing bead is of a rigid plastic or of a metal such as aluminum. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the glazing bead from a rigid plastic or a metal, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) Rigid plastics are well known to be strong, lightweight, and weather resistant which increases maintenance free lifespans over wood.
Referring to claim 8: Smith teaches all the limitations of claim 7 as noted above. Smith does not teach wherein the glazing bead is formed by extrusion. However, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight.
Referring to claim 9: Smith teaches all the limitations of claim 1 as noted above. Smith does not specifically teach wherein the glazing bar is of a rigid plastic or of a metal such as aluminum. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the glazing bead from a rigid plastic or a metal, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) Rigid plastics are well known to be strong, lightweight, and weather resistant which increases maintenance free lifespans over wood.
Referring to claim 10: Smith teaches all the limitations of claim 9 as noted above. Smith does not teach wherein the glazing bead is formed by extrusion. However, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Rose (US Patent No 5,465,539).
Referring to claim 4: Smith teaches all the limitations of claim 1 as noted above. Smith does not teach adhesive to adhere each glazing bar to the face of the glazing unit. However, Rose teaches adhesive (item 124) to adhere each glazing bar to the face of the glazing unit.
It would have been obvious to one of ordinary skill in the art at the time of filing to create the device taught by Smith with the adhesive taught by Rose in order to prevent the glazing bars from moving out of place between the two anchored ends.
Referring to claim 5: Smith and Rose teach all the limitations of claim 4 as noted above. Additionally, Rose teaches wherein the adhesive is in the form of double-sided adhesive tape (col 6, lines 54-55). A double sided tape is easy to work with.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635