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 .
Election/Restrictions
Claims 8-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/3/26.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 2-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stevens (U.S. Patent No. 8,726,586).
Regarding claim 2, Stevens discloses a ventilation modulating fenestration system (100) comprising:
a fenestration assembly (4 or 5) configured for installation in a building [FIG. 2], the fenestration assembly includes:
a fenestration frame (frame of the windows 4 or skylights 5, shown in at least Figure 2); and
a translucent panel movably coupled with the fenestration frame (the translucent panel is defined by the pane of the windows/skylights 4, 5; an opening and closing movement is disclosed in at least column 4, lines 46-65);
an operator (302, 304) coupled between the fenestration frame and the translucent panel, the operator is configured to transition the translucent panel between open and closed positions (column 4, lines 46-65); and
a ventilation modulation controller (300) in communication with the operator [FIG. 9] (column 4, lines 53-56), the ventilation modulation controller includes:
a ventilation prescription module configured to provide at least one specified ventilation prescription for the building interior (column 5, lines 4-34 discloses control in response to temperature differences between the exterior and the interior, which reads on the claimed “ventilation prescription module”); and
a dynamic ventilation module configured to implement closing and opening of the translucent panel according to the at least one specified ventilation prescription (as described in column 5, lines 15-34, the windows/skylights 4, 5 are opened or closed in response to the measured temperature differential).
Regarding claim 3, Stevens discloses that the ventilation prescription module includes the at least one specified ventilation prescription including one or more of a specified ventilation opening, a specified ventilation period, a specified ventilation trigger condition, or a specified ventilation cessation condition (the measured temperature differential inducing opening and closing of the windows/skylights disclosed in column 5, lines 15-34 reads on at least a specified trigger condition and a specified cessation condition).
Regarding claim 4, Stevens discloses that the ventilation modulation controller includes a coordination module configured to receive characteristics of one or more of the fenestration assembly, a supplemental fenestration assembly, a home automation device, a fenestration sensor, an environmental conditioning unit, a building sensor, or a security system (the central microprocessor 100 controls multiple windows and skylights in response to building sensors 306, 307, etc. as disclosed in column 4, lines 25-45 and shown in Figure 9; this reads on a “coordination module” and further reads on operation of a supplemental fenestration assembly and operation responsive to an environmental conditioning unit, and/or a building sensor).
Regarding claim 5, Stevens discloses that the coordination module is in communication with each of the fenestration assembly and the supplemental fenestration assembly (column 4, lines 25-45); and the dynamic ventilation module is configured to implement opening of the translucent panel of the fenestration assembly with opening of a sash of the supplemental fenestration assembly (the windows 4 and skylight 5 are operated together as disclosed in column 4, lines 46-56).
Regarding claim 6, Stevens discloses that the fenestration assembly includes a skylight fenestration assembly (5) [FIG. 2].
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Stevens (U.S. Patent No. 8,726,586) in view of Sigfrid (U.S. Patent No. 2,311,413).
Regarding claim 7, Stevens discloses the fenestration frame and the translucent panel, but does not disclose a concealed screen assembly.
Nonetheless, Sigfrid discloses a concealed screen assembly [FIG. 1] coupled between a fenestration frame (1) and a translucent panel (2), the concealed screen assembly including a screen membrane (6, 7, 8) coupled with at least one of the fenestration frame or the translucent panel [FIG. 2], the screen membrane envelops a continuous ventilation perimeter opening between the translucent panel and the fenestration frame [FIG. 1].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fenestration frame and panel of Stevens to include the concealed screen assembly taught by Sigfrid, in order to prevent the intrusion of bugs of debris when the panel is in a ventilating/open position, so as to provide a barrier against debris or contaminants while still allowing air to pass through the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABE MASSAD/Primary Examiner, Art Unit 3634
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