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Claims 7-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/08/2026.
The particulars of the method steps are not required of the apparatus claims as outlined in the restriction requirement of 03/09/2026. The examiner has performed a search for the apparatus, and a further search will be required for the additional features of the method claim limitations.
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.
Claim(s) 1, 4, 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Braybrook, U.S. Patent Application Publication.
Regarding claim 1, Braybrook discloses a louver assembly comprising: a fastening portion (16) comprising a rear wall (52) having a rear middle portion (center of 52) configured to abut a cladding panel (should the vertical support mullion be clad with a panel, paragraph 4), the middle portion being configured to receive securing means for securing the rear wall to the cladding panel (as it abuts the mullion and is planar), and two side portions (distal edge portions of 52) at opposite edges of the middle portion; two rear side walls (50) extending outwardly from the side portions of the rear wall; a front portion (18) for installing onto the fastening portion comprising: a front middle portion (22); two front side walls extending from opposite edges of the front middle portion (sidewall portions of 18), the front side walls configured to receive the rear side walls therebetween (see Fig. 2A); and wherein the front side walls are configured to extend to abut the cladding panel (at 42). The phrases “configured to abut a cladding panel,” “configured to receive securing means for securing the rear wall to the cladding panel,” “for installing onto the fastening portion,” “configured to receive the rear side walls therebetween,” and “configured to extend to abut the cladding panel” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 4, Braybrook discloses a louver system wherein the fastening portion and the front portion are configured to be secured to each other using screws (in the same manner as shown in Fig. 5). The phrase “configured to be secured” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 6, Baybrook discloses a louver system comprising two or more accent fins according to claim 1 (see Fig. 5), the two or more accent fins having a each a respective bottom end adjacent to respective top end of another of the two or more accent fins (Fig. 5), further comprising at least one guidepiece (348) for securing said two or more accent fins to each other by connecting said respective top end and bottom end. The phrase “for securing said two or more accent fins to each other by connecting said respective top end and bottom end” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Allowable Subject Matter
Claims 2-3, 5 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GISELE D FORD whose telephone number is (571)270-7326. The examiner can normally be reached M-T,Th-F 7:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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