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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Thickness P2
Wall, 10, 11
Fixing means 22
Small groove 25
Screw 34
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 6 is objected to because of the following informalities:
Regarding claim 6, lines 2-3, “circular o semicircular” appears to contain a typo.
Appropriate correction is required.
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 1-15 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, line 8, the recitation “straight metal profiles” renders the claim indefinite because it is unclear what is meant by “straight”. Straight along which direction? Relative to what? The profiles “13” appear to maybe be straight along a length, but it is unclear if one would consider the cross-section of “13” to be considered “straight”. The same applies to the insulating element, and any other reference to “straight” within the claims.
Claim 4 recites the limitation "the end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 7 and 8 recites the limitation "the seat" in lines 1 and 3, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8, 12, and 14, the recitation “it” renders the claims indefinite because it is unclear exactly what the term “it” is representing. It is suggested that "it” be replaced by the structure in which the term is used to represent.
Claim 17, line 2, the recitation “for each section bar” renders the claim indefinite because it is unclear exactly what it means. Is Applicant simply reciting that each profile has the structure, or is Applicant claiming something different?
All claims dependent from claim 1, fall within the rejection under 112.
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) 1-5, 8-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 01/59244 A1 to Stumm (See translation).
Regarding claim 1, Stumm discloses a door/window frame structure for making door/window casing suited to be anchored to a supporting wall, said structure comprising: at least one metal end element (foil 17 and 17) suited to define the outer surface of the door/window frame; a substantially straight insulating element (6) suited to promote thermal insulation between the environments located, respectively, inside and outside with respect to the door/window frame structure; at least one pair of straight metal profiles (4, 5) having a first end suited to be directly coupled with said insulating element (inside surface, Fig.1 and different embodiments Fig. 11-14); at least one profile of said at least one pair having a second end (outside surface glued to foil 17) suited to be directly anchored to said metal end element, characterized in that each profile of said pair is internally hollow (4, 29; Fig.13 and 14) and has a closed cross-sectional shape (4, 29, Fig.13/14).
Regarding claim 2, characterized in that said at least one end element consists of a flat metal profile (17, inner outer surfaces of 17) having a pair of substantially parallel outer faces (inner and outer faces of 17).
Regarding claim 3, characterized in that said insulating element is a profile provided with a central portion (central portion of 6, Fig.1, 8, 9) and a pair of shaped ends (12, 13) having a predetermined shape and arranged on the opposite side with respect to said central portion (Fig.1, 8, 9).
Regarding claim 4, characterized in that the first end of the metal profiles of said at least one pair is substantially counter-shaped with respect to the shape of the end of said insulating element (Fig.1, flat; Fig.11-14).
Regarding claim 5, characterized in that said first end of the metal profile of said at least one pair is suited to define a seat (internal shape of ends , Fig.11-14) that is substantially counter-shaped with respect to the shape of the ends of said insulating element, said seat being suited to allow the at least partial insertion of the shaped end of said insulating element (Fig.11-14).
Regarding claim 8, characterized in that it comprises means suited to hold the end of said insulating element within said seat formed at said first end of the metal profiles of said at least one pair (Fig.11).
Regarding claim 9, characterized in that said holding means comprise a knurl (projections 48) made on the surface of said first end delimiting said seat.
Regarding claim 10, characterized in that each metal profile of said at least one pair extends along a substantially straight longitudinal extension direction (profiles extend along a length).
Regarding claim 11, characterized in that the second end of at least one of said profiles consists of a transverse wall having an at least partially flat outer surface (outer surface of 4, 5) suited to come into contact with a corresponding face of said metal end element.
Regarding claim 12, characterized in that it comprises first fixing means (17 is glued to 4/5) suited to anchor at least one of said metal profiles to said metal end element.
Regarding claim 14, characterized in that it comprises one or more linear gaskets (33, 38).
Claim(s) 1-5 and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 107313685 A to Risgad (See translation).
Regarding claim 1, Risgad discloses a door/window frame structure for making door/window casing suited to be anchored to a supporting wall, said structure comprising: at least one metal end element (4, 5, aluminum) suited to define the outer surface of the door/window frame; a substantially straight insulating element (3) suited to promote thermal insulation between the environments located, respectively, inside and outside with respect to the door/window frame structure; at least one pair of straight metal profiles (1, 2, aluminum) having a first end (inside surface of 1, 2) suited to be directly coupled with said insulating element; at least one profile of said at least one pair having a second end (outer surface of 1, 2) suited to be directly anchored to said metal end element, characterized in that each profile of said pair is internally hollow and has a closed cross-sectional shape (1, 2).
Regarding claim 2, characterized in that said at least one end element consists of a flat metal profile (4, 5) having a pair of substantially parallel outer faces (inside and outside surface, 4/5).
Regarding claim 3, characterized in that said insulating element is a profile provided with a central portion (central portion of 3) and a pair of shaped ends (left and right sides of 3) having a predetermined shape and arranged on the opposite side with respect to said central portion.
Regarding claim 4, characterized in that the first end of the metal profiles of said at least one pair is substantially counter-shaped with respect to the shape of the end of said insulating element (inner surfaces of 1, 2).
Regarding claim 5, characterized in that said first end of the metal profile of said at least one pair is suited to define a seat that is substantially counter-shaped with respect to the shape of the ends of said insulating element (interior surface of 1,2), said seat being suited to allow the at least partial insertion of the shaped end of said insulating element (1, 2, 3).
Regarding claim 8, characterized in that it comprises means suited to hold the end of said insulating element within said seat formed at said first end of the metal profiles of said at least one pair (projections and T-shaped connectors on interior surfaces of 1, 2).
Regarding claim 9, characterized in that said holding means comprise a knurl (projections on inner surface of 1, 2) made on the surface of said first end delimiting said seat.
Regarding claim 10, characterized in that each metal profile of said at least one pair extends along a substantially straight longitudinal extension direction (extend along the length).
Regarding claim 11, characterized in that the second end of at least one of said profiles consists of a transverse wall having an at least partially flat outer surface (outer surfaces of 1, 2) suited to come into contact with a corresponding face of said metal end element.
Regarding claim 12, characterized in that it comprises first fixing means (projections of 1,2 which snap into 4, 5) suited to anchor at least one of said metal profiles to said metal end element.
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) 6, 7, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 01/59244 A1 to Stumm (See Translation).
Regarding claims 6 and 7, Stumm does not disclose wherein each end of said pair has different shapes (Fig.11-14) but does not disclose wherein the shape is a substantially circular or semicircular shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the ends of the metal profile having a rounded semi-circular/circular shape so to allow easy snap-fit, friction fit connection without providing sharp edges, thereby preventing the profiles from being damaged when installed.
Regarding claim 13, Stumm discloses characterized in that said first fixing means comprise welding (Page 4, lines 29-33) to promote the permanent anchorage of said second end of the profile to said metal end element, but does not specifically disclose one or more weld beads extending along a longitudinal direction that is substantially parallel to the extension direction of said profile.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided weld beads along a length so to ensure the metal element is securely attached to the metal profile along the entire length of the structure, therefore preventing uplift, water infiltration, etc.
Regarding claim 16, Stumm discloses a method for making a door/window frame structure of the type according to claim 1 (See claim 1 above), comprising the following steps: a) providing at least one metal end element (17); b) providing an insulating element (6); c) providing a pair of straight metal profile (4, 5), each profile of said pair being provided with a pair of ends (inside surface, Fig.1 and different embodiments Fig. 11-14); d) coupling said insulating element with one end of each straight metal profile Fig.12 and 11-14); e) positioning at least one metal end element in contact with the other end of at least one metal profile of said pair (17 attached to outer surfaces of 4 and 5); f) joining said at least one metal end element with said profile by welding (Page 4, lines 29-33).
Stumm does not disclose one or more weld beads made in proximity of the end of said profile.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided weld beads along a length so to ensure the metal element is securely attached to the metal profile along the entire length of the structure, therefore preventing uplift, water infiltration, etc.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 01/59244 A1 to Stumm in view of DE 202011052541 U1 to Rehau.
Regarding claim 15, Stumm discloses wherein said second end of said at least one metal profile has a substantially flat portion suited to come into contact with a corresponding face of said metal end element (outer surface of 4) and an inside surface which secures a gasket (38).
Stumm does not disclose a shaped portion suited to define a housing for said linear gasket.
Rehau discloses a shaped portion suited to define a housing for said linear gasket (upper interior opening on 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the metal profiles with a shaped portion to define a housing for a gasket as taught by Rehau so to secure the gasket within the window frame structure and to prevent the gasket from dislodging or being removed from the assembly.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 01/59244 A1 to Stumm in view of WO 2011/154300 A2 to Fritz et al. (See Translation).
Regarding claim 17, Stumm discloses characterized in that the step c) of providing at least one pair of straight metal profiles (4, 5, Fig. 1 and 11-14) provides, for each section bar.
Stumm does not disclose the following sub-steps: g) providing a piece of flat metal sheet having predetermined dimensions and a pair of end edges; h) bending said piece of metal sheet according to predetermined bending lines so as to obtain an elongated metal profile extending along a longitudinal extension direction; i) joining said end edges of said bent sheet in such a way as to define a internally hollow and straight metal profile with closed cross section, said profile being provided with a pair of shaped ends.
Fritz et al. disclose providing a piece of flat metal sheet having predetermined dimensions and a pair of end edges; h) bending said piece of metal sheet according to predetermined bending lines so as to obtain an elongated metal profile extending along a longitudinal extension direction (Page 3, lines 6-8); i) joining said end edges of said bent sheet in such a way as to define a internally hollow and straight metal profile with closed cross section (Page 3, lines 6-8), said profile being provided with a pair of shaped ends (Fig.8-14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the profiles of Stumm with a hollow shape and the method of being or rolling the profiles so to create a strong, basic profile shape which is made in a cost effective manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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