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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 21-25, 27-29, 33-40, and 42-45 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hudson (GB2300213).
21. Hudson, fig. 4, teaches an apparatus, comprising:
a window pane 15;
a window frame 12 carrying the window pane, the window frame, comprising:
a side comprising a receptacle (the downward facing channel into which the upward protruding barbs insert) and
a bracket (the bracket attached to the two barbs), comprising:
a first leg (either of the two barbed legs) configured to be inserted into the receptacle to form a snap-fit connection (the channel/retention member relationship is a snap fit in the same way Applicant’s barbed leg snaps into the receptacle); and
a second leg (either of the two angled protruding screw boss structures is “leg” as broadly recited, a leg defined as “a supporting part resembling a leg in shape or function”, American heritage dictionary) comprising a through-hole to receive a fastener, when the first leg is inserted into the receptacle to form the snap-fit connection, the second leg is positioned to allow the fastener to pass through the through-hole and couple the bracket and the window frame to a surface of a rough opening of a structure, fig. 4.
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Hudson (fig. 4)
22. Hudson teaches the apparatus of claim 21, Hudson further teaching the first leg comprises a barbed connector.
23-24. Hudson teaches the apparatus of claim 21, Hudson further teaching the second leg comprises a trapezoidal cross-section (fig. 6b clearly shows the boss is trapezoidal), wherein the trapezoidal cross-section comprises a first base b1 and a second base b2, the first leg extends from the first base and an opening o1 of the through-hole is defined by the second base.
25. Hudson teaches the apparatus of claim 24, Hudson further teaching the trapezoidal cross-section comprises a side s that is coupled between the first base and the second base, a second opening o2 of the through-hole is defined by the side (o2 is “defined by” s because the end of s is coextensive with o2).
27 Hudson teaches the apparatus of claim 21, Hudson further teaching the receptacle comprises a channel extending along a length of the side, fig. 4.
28. Hudson teaches the apparatus of claim 27, Hudson further teaching the first leg is insertable along the channel because the leg is inserted in the channel.
29. Hudson teaches the apparatus of claim 28, Hudson further teaching the first leg is laterally slidable within the channel to enable selective positioning of the bracket because the barbs are not permanently fixed in the kerf.
33. Hudson teaches the apparatus of claim 21, Hudson further teaching the second leg comprises a lip l and wherein the through-hole is defined by the lip.
34. Hudson teaches the apparatus of claim 21, Hudson further teaching an axis of the through-hole is between about 40 and about 80 degrees relative to an axis of the first leg (fig. 4 shows the through-hole axis is about 80 degrees relative to the first leg axis.
35. Hudson teaches the apparatus of claim 21, Hudson further teaching the receptacle comprises a channel, wherein the side comprises an interior jamb face (the bottom face as seen in fig. 4) and wherein an opening of the channel is defined by the interior jamb face, fig. 4, to allow the fastener to pass through the through- hole and couple the bracket and the window frame to the surface of the rough opening of the structure from an interior of the structure. Examiner remarks that the jamb is not a positively recited structural claim element.
36. Hudson teaches the apparatus of claim 21, Hudson further teaching the receptacle comprises a channel, wherein the side comprises an exterior jamb face and wherein an opening of the channel is defined by the interior jamb face, fig. 4, to allow the fastener to pass through the through- hole and couple the bracket and the window frame to the surface of the rough opening of the structure from an interior of the structure. Examiner remarks that the jamb is not a positively recited structural claim element, and as such, either jamb face can be exterior.
37. Hudson teaches the apparatus of claim 21, Hudson further teaching the receptacle comprises a channel, wherein the side comprises a lower (bottom) frame portion and wherein an opening (the downward opening) of the channel is defined by the lower frame portion.
38. Hudson teaches the apparatus of claim 37, Hudson further teaching the channel is positioned to receive the first leg to allow the fastener to pass through the through-hole and couple the bracket and the window frame to the surface of the rough opening of the structure from an exterior of the structure (the channel is positioned to receive the first leg “to allow” the fastener to pass through the through-hole and couple the bracket and the window frame to the rough opening because until the pronged leg is in the channel, the screw cant pass through to secure the frame to the rough opening).
39. Hudson teaches the apparatus of claim 21, Hudson further teaching the receptacle comprises a channel, wherein the side comprises an upper frame portion (as seen in fig. 4, the frame portion at the channel could be an upper frame portion depending how the frame is oriented relative to the rough opening.
40. Hudson teaches the apparatus of claim 39, Hudson further teaching the channel is positioned to receive the first leg to allow the fastener to pass through the through-hole and couple the bracket and the window frame to the surface of the rough opening of the structure from an exterior of the structure (fig. 4 shows such exterior access).
42 and 44-45. Hudson, fig. 4, teaches a window, comprising:
a fenestration unit (door or window, abstract), comprising:
a frame 12, comprising:
a side (the bottom side) comprising a receptacle (the downward facing channel into which the upward protruding barbs insert); and
a bracket (the bracket attached to the two barbs), comprising:
a first leg (either of the two barbed legs) comprising a flange (the central part from which the barbs extend), the first leg comprising the flange to be inserted into the receptacle to form a snap-fit connection (the channel/retention member relationship is a snap fit in the same way Applicant’s barbed leg snaps into the receptacle); and
a second leg (either of the two angled protruding screw boss structures is “leg” as broadly recited, a leg defined as “a supporting part resembling a leg in shape or function”, American heritage dictionary) comprising a through-hole to receive a fastener, when the first leg comprising the flange is inserted into the receptacle to form the snap-fit connection, the second leg is positioned to allow the fastener to pass through the through-hole and couple the bracket and the frame to a surface of a rough opening of a structure because the barbed flange must first be inserted into the channel.
43. Hudson teaches the apparatus of claim 42, Hudson further teaching the receptacle comprises a channel that extends along a length of the side.
Claim 26 – is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hudson in view of Chauviere (FR3146926).
26. Hudson does not teach the through-hole comprises a counter-drilled hole. Chauvier, fig. 2, teaches a through-hole comprises a counter-drilled hole (the screw head fits into a counter-drilled hole. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the through-hole to comprise a counter-drilled hole to better capture the screw head.
Claims 30-31 – are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hudson in view of Tate (5,119,609).
30-31. Hudson does not teach expressly teach the receptacle comprises an undercut T-slot channel (fig. 7 shows the receptacle slightly narrower at the opening, thus forming a T-slot). Tate, fig. 7, teaches a receptacle comprises an undercut T-slot channel (fig. 7 shows the receptacle slightly narrower at the opening, thus forming a T-slot). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the receptacle to comprise an undercut T-slot channel to better hold the leg.
Allowable Subject Matter
Claim 32 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the Hudson side does not comprise an angled frame surface extending from the receptacle and wherein the second leg of the bracket comprises a corresponding angled surface, when the first leg of the bracket is inserted into the receptacle to form the snap-fit connection, the bracket is substantially positioned within a dimensional envelope of the frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/Examiner, Art Unit 3633
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