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.
Claim 4 is 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.
Claim 4 recites the limitation "the flange portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 6-9, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdollahzadeh (U.S. 7,735,882) in view of Wagner (U.S. 2015/0308181).
Regarding claim 1, Abdollahzadeh teaches an astragal housing comprising: a housing frame (as seen in fig 11A) comprising: a vertically extending mounting wall (366) defining a mounting surface (surface of 366 facing 206, see fig 11A) configured for external attachment along a non-hinged vertical edge of a passive door panel (200, “a mounting plate 366 that can be externally mounted to one or more outer surfaces along the non-hinged vertical edge 206 of the inactive door panel 200”- column 9 lines 57-30); inner and outer vertically extending latch channel walls (see annotated fig 11A) extending from the mounting wall (366) in a first direction (as seen in annotated fig 11A) to define a vertically extending latch channel (363) opposite the mounting surface (366); and inner and outer vertically extending door channel walls (see annotated fig 11A) extending from the mounting wall (366) in a second direction opposite the first direction (annotated fig 11A) to define a vertically extending door channel (where door 200 resides, see fig 11A) including the mounting surface (366).
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Abdollahzadeh is silent as far as an interior cover with first and second hook portions extending over distal edges of the inner latch channel wall and inner door channel wall (as defined in annotated fig 11A).
Wagner teaches a cover for a hollow profile member for a door, wherein the cover (18) has a first hook portion (see annotated fig 1) extending over a distal edge of the hollow profile and a second hook portion (see annotated fig 1) extending over another distal edge of a hollow profile, the interior cover (18) defining an inner lateral surface (as described in [0005]) of the astragal housing.
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Abdollahzadeh and Wagner are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Abdollahzadeh to incorporate the teachings of Wagner and provide an interior cover to attach over the distal ends of the inner latch channel wall and inner door channel wall. Doing so would improve the optical appearance of the surface of the profile, as well as make the astragal less vulnerable to weather conditions and ultraviolet radiation, as described in [0005] of Wagner.
Regarding claim 6, the combination of Abdollahzadeh and Wagner teaches the astragal housing of claim 1. Abdollahzadeh further teaches wherein the housing frame includes an inner lateral wall portion (see annotated fig 11A) extending from an inner lateral end of the mounting wall (366) and defining the inner latch channel wall and the inner door channel wall (annotated fig 11A), and an outer lateral wall portion (see annotated fig 11A) extending from an outer lateral end of the mounting wall and defining the outer latch channel wall and the outer door channel wall (see annotated fig 11A).
Regarding claim 7, the combination of Abdollahzadeh and Wagner teaches the astragal housing of claim 6. Abdollahzadeh and Wagner further teach comprising an exterior cover (also designated as 18 in Wagner but on separate side as interior cover 18, see annotated fig 1) having a first hook portion (see annotated fig 1 of Wagner) extending over a first end of the outer lateral wall portion (as defined in annotated fig 11A of Abdollahzadeh) and a second hook portion (see annotated fig 1 of Wagner) extending over a second end of the outer lateral wall portion (as defined in annotated fig 11A of Abdollahzadeh), the exterior cover (18 as seen in annotated fig 1 of Wagner) defining an outer lateral surface of the astragal housing (as described in [0005] of Wagner).
Regarding claim 8, the combination of Abdollahzadeh and Wagner teaches the astragal housing of claim 6. Abdollahzadeh further teaches wherein the outer lateral wall portion further includes a shoulder portion (367) laterally outward of and extending forward of the outer latch channel wall (see annotated fig 11A) for engagement (via weather strip 365) with a non-hinged vertical edge of an active door panel (100, as seen in fig 11A).
Regarding claim 9, the combination of Abdollahzadeh and Wagner teaches the astragal housing of claim 8. Abdollahzadeh further teaches comprising a vertically extending gasket (365) installed in an inner lateral recess of the shoulder portion (367, see fig 11A).
Regarding claim 15, Abdollahzadeh teaches an astragal housing comprising: a housing frame (as seen in fig 11A) comprising: a vertically extending mounting wall (366) defining a mounting surface (surface of 366 facing 206, see fig 11A) configured for external attachment along a non-hinged vertical edge of a passive door panel (200, “a mounting plate 366 that can be externally mounted to one or more outer surfaces along the non-hinged vertical edge 206 of the inactive door panel 200”- column 9 lines 57-30); an inner lateral wall portion (see annotated fig 11A) extending from an inner lateral end of the mounting wall (annotated fig 11A), the inner lateral wall portion defining an inner latch channel wall (annotated fig 11A) extending from the mounting wall (366) in a first direction (annotated fig 11A) and an inner door channel wall (annotated fig 11A) extending from the mounting wall (366) in a second direction opposite the first direction (annotated fig 11A); and an outer lateral wall portion (annotated fig 11A) extending from an outer lateral end of the mounting wall (366), the outer lateral wall portion defining an outer latch channel wall (annotated fig 11A) extending from the mounting wall (366) in a first direction (annotated fig 11A) and an outer door channel wall extending from the mounting wall (366) in a second direction opposite the first direction (annotated fig 11A).
Abdollahzadeh is silent as far as an exterior cover with first and second hook portions extending over distal edges of the first and second ends of the outer lateral wall portions (as defined in annotated fig 11A).
Wagner teaches a cover for a hollow profile member for a door, wherein the cover (18) has a first hook portion (see annotated fig 1) extending over a distal edge of the hollow profile and a second hook portion (see annotated fig 1) extending over another distal edge of a hollow profile, the exterior cover (18) defining an inner lateral surface (as described in [0005]) of the astragal housing.
Abdollahzadeh and Wagner are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Abdollahzadeh to incorporate the teachings of Wagner and provide an exterior cover to attach over the distal ends of the first and second ends of the outer lateral wall portions. Doing so would improve the optical appearance of the surface of the profile, as well as make the astragal less vulnerable to weather conditions and ultraviolet radiation, as described in [0005] of Wagner.
Regarding claim 16, the combination of Abdollahzadeh and Wagner teaches the astragal housing of claim 15. Abdollahzadeh further teaches wherein the outer lateral wall portion further includes a shoulder portion (367) laterally outward of and extending forward of the outer latch channel wall (see annotated fig 11A) for engagement (via weather strip 365) with a non-hinged vertical edge of an active door panel (100, as seen in fig 11A).
Regarding claim 17, the combination of Abdollahzadeh and Wagner teaches the astragal housing of claim 16. Abdollahzadeh further teaches further comprising a vertically extending gasket (365) installed in an inner lateral recess of the shoulder portion (367, see fig 11A).
Claim(s) 2-4 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdollahzadeh (U.S. 7,735,882) in view of Wagner (U.S. 2015/0308181) as applied to claim 1 above, and further in view of Chapman (U.S. 9,719,287).
Regarding claim 2, the combination of Abdollahzadeh and Wagner teaches the astragal housing according to claim 1. Both Abdollahzadeh and Wagner are silent as to a channel cover engaging the inner and outer vertically extending latch channel walls to cover at least a portion of the latch channel (363 of Abdollahzadeh).
Chapman teaches a similar astragal to the claimed invention channel cover (46) having inner and outer lateral end portions (49A and 49C) engaging the inner and outer vertically extending latch channel walls (as described in column 7, lines 48-67) to cover at least a portion of the latch channel.
Abdollahzadeh, Wagner, and Chapman are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Abdollahzadeh and Wagner to incorporate the teachings of Chapman and provide a channel cover to cover a portion of the latch channel. Doing so would allow selective access to certain elements of the latch, by allowing them to be covered until ready to access, as described in the abstract of Chapman.
Regarding claim 3, the combination of Abdollahzadeh, Wagner, and Chapman teaches the astragal housing of claim 2. Chapman further teaches wherein the inner and outer lateral end portions (49A and 49C) of the channel cover (46) include inner and outer tab portions (as seen in figs 6 and 7) that snap into retaining engagement with laterally inward extending flange portions of the inner and outer vertically extending latch channel walls (as described in column 7, lines 48-67).
Regarding claim 4, the combination of Abdollahzadeh, Wagner, and Chapman teaches the astragal housing of claim 2. Abdollahzadeh, Wagner, and Chapman further teach wherein the first hook portion (see annotated fig 1 of Wagner) is captured between the inner lateral end portion (49A Chapman) of the channel cover (46 Chapman) and the flange portion of the inner latch channel wall (as per the combination above. The first hook portion of Chapman curves around the inner latch channel wall as seen in annotated fig 1, and therefore the would be positioned between inner lateral end portion of Chapman and the inner latch channel wall of Abdollahzadeh).
Regarding claim 19, the combination of Abdollahzadeh and Wagner teaches the astragal housing according to claim 15. Both Abdollahzadeh and Wagner are silent as to a channel cover engaging the inner and outer vertically extending latch channel walls to cover at least a portion of the latch channel (363 of Abdollahzadeh).
Chapman teaches a similar astragal to the claimed invention channel cover (46) having inner and outer lateral end portions (49A and 49C) engaging the inner and outer vertically extending latch channel walls (as described in column 7, lines 48-67) to cover at least a portion of the latch channel.
Abdollahzadeh, Wagner, and Chapman are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Abdollahzadeh and Wagner to incorporate the teachings of Chapman and provide a channel cover to cover a portion of the latch channel. Doing so would allow selective access to certain elements of the latch, by allowing them to be covered until ready to access, as described in the abstract of Chapman.
Regarding claim 20, the combination of Abdollahzadeh, Wagner, and Chapman teaches the astragal housing of claim 19. Chapman further teaches wherein the inner and outer lateral end portions (49A and 49C) of the channel cover (46) include inner and outer tab portions (as seen in figs 6 and 7) that snap into retaining engagement with laterally inward extending flange portions of the inner and outer vertically extending latch channel walls (as described in column 7, lines 48-67).
Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdollahzadeh (U.S. 7,735,882) in view of Wagner (U.S. 2015/0308181) as applied to claims 8 and 16 above, and further in view of Cohen (U.S. 11,608,672).
Regarding claim 10, the combination of Abdollahzadeh and Wagner teaches the astragal housing according to claim 8. Abdollahzadeh further teaches wherein the housing frame includes a first frame member defining the inner lateral wall portion and the outer latch channel wall (as seen in annotated fig 11A), and a second frame member defining the outer door channel wall and the shoulder portion (annotated fig 11A).
Both Abdollahzadeh and Wagner are silent as to a thermal barrier element between the first and second frame members.
Cohen teaches a similar framing assembly where first and second frame members are joined by a thermal barrier element (278 as seen in fig 22).
Abdollahzadeh, Wagner, and Cohen are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Abdollahzadeh and Wagner to incorporate the teachings of Cohen and provide a thermal barrier element between first and second frame members. Doing so would reduce heat transfer across the assembly (Cohen abstract) and therefore make for a more efficient assembly.
Regarding claim 18, the combination of Abdollahzadeh and Wagner teaches the astragal housing according to claim 16. Abdollahzadeh further teaches wherein the housing frame includes a first frame member defining the inner lateral wall portion and the outer latch channel wall (as seen in annotated fig 11A), and a second frame member defining the outer door channel wall and the shoulder portion (annotated fig 11A).
Both Abdollahzadeh and Wagner are silent as to a thermal barrier element between the first and second frame members.
Cohen teaches a similar framing assembly where first and second frame members are joined by a thermal barrier element (278 as seen in fig 22).
Abdollahzadeh, Wagner, and Cohen are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Abdollahzadeh and Wagner to incorporate the teachings of Cohen and provide a thermal barrier element between first and second frame members. Doing so would reduce heat transfer across the assembly (Cohen abstract) and therefore make for a more efficient assembly.
Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdollahzadeh (U.S. 7,735,882) in view of Wagner (U.S. 2015/0308181) as applied to claim 1 above, and further in view of Jaskiewicz (U.S. 10,829,980).
Regarding claim 11, the combination of Abdollahzadeh and Wagner teaches the astragal housing according to claim 1. Abdollahzadeh and Wagner are silent as to an upper trim cap assembled with an upper end of the housing frame of Abdollahzadeh.
Jaskiewicz teaches a similar framing assembly comprising an upper trim cap (32) assembled with an upper end of the housing frame (shown on the lower end in fig 3, but can also be on the top end of the astragal housing frame as described in column 8 lines 26-33).
Abdollahzadeh, Wagner, and Jaskiewicz are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Abdollahzadeh and Wagner to incorporate the teachings of Jaskiewicz and provide an upper trim cap in the housing frame of the astragal. Doing so would provide enhanced sealing against wind-blown moisture and air near the top of the astragal, as taught by Jaskiewicz in column 3, lines 33-37.
Regarding claim 14, the combination of Abdollahzadeh, Wagner, and Jaskiewicz teaches the astragal housing according to claim 11. Jaskiewicz further teaches wherein the upper trim cap (32) includes a body portion (200) having a lower surface that abuts an upper edge of the housing frame (as seen in fig 7), and one or more leg portions (slits 216) extending from the body portion lower surface into sliding abutment with the housing frame (as seen in fig 6 and described in column 8, lines 46-51).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abdollahzadeh (U.S. 7,735,882) in view of Wagner (U.S. 2015/0308181) and Jaskiewicz (U.S. 10,829,980) as applied to claim 11 above, and further in view of Chapman (U.S. 9,719,287).
Regarding claim 13, the combination of Abdollahzadeh, Wagner, and Jaskiewicz teaches the astragal housing according to claim 11. Abdollahzadeh and Jaskiewicz further teach wherein the upper trim cap (32 of Jaskiewicz) includes laterally inward extending flange portions (slits as seen in fig 6 of Jaskiewicz) that align with laterally inward extending flange portions of the inner and outer vertically extending latch channel walls (as seen in fig 6 of Jaskiewicz, described in column 8, lines 46-51, and taught by the combination above with the vertically extending latch channel walls as defined in annotated fig 11A of Abdollahzadeh).
Abdollahzadeh, Wagner, and Jaskiewicz are silent as to a channel cover engaging the inner and outer vertically extending latch channel walls to cover at least a portion of the latch channel (363 of Abdollahzadeh).
Chapman teaches a similar astragal to the claimed invention channel cover (46) having inner and outer lateral end portions (49A and 49C) of the channel cover (46) include inner and outer tab portions (as seen in figs 6 and 7) that snap into retaining engagement with the laterally inward extending flange portions of the upper trim cap and the inner and outer vertically extending latch channel walls (as described in column 7, lines 48-67).
Abdollahzadeh, Wagner, Jaskiewicz and Chapman are considered to be analogous to the claimed invention because they are in the same field of profiles for doors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Abdollahzadeh, Wagner, and Jaskiewicz to incorporate the teachings of Chapman and provide a channel cover to cover a portion of the latch channel. Doing so would allow selective access to certain elements of the latch, by allowing them to be covered until ready to access, as described in the abstract of Chapman.
Allowable Subject Matter
Claims 5 and 12 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US.
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/SUSAN M. HESCHEL/Examiner, Art Unit 3637
/Muhammad Ijaz/Primary Examiner, Art Unit 3631
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