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.
Claim(s) 1-7 and 9-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,729,869 to Wenig.
1st Interpretation
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Regarding claim 1, Wenig discloses a metal profile for door/window frame structures, wherein the frame structure comprises a metal frame and/or an insulating element (optional, see Figure above) and/or a linear gasket (optional) arranged inside said frame, said metal profile (See Figure above; 1st interpretation) comprising: an elongated body (See Figure above) extending along a substantially longitudinal extension direction; a first end portion (See Figure above) of said elongated body; a second end portion (See Figure above) of said elongated body; wherein said first end portion of said body is suited to interact with the frame of the door/window frame structure (See Figure above); wherein said second end portion of said body is suited to be coupled with said insulating element (See Figure above) of the door/window frame structure to hold thereof with respect to a substantially transverse direction and form a unitary assembly with said insulating element (See Figure above); and wherein said metal profile is formed by a piece of bent metal sheet with a pair of end edges (See Figure above), said end edges of the piece of sheet metal being reciprocally joined to each other (See Figure above) to define a closed and internally hollow elongated body.
Regarding claim 2, characterized in that said elongated body comprises a pair of side walls (See Figure above) substantially longitudinal and parallel to each other, said side walls being transversally spaced so as to define a predetermined width (See Figure above) for said body.
Regarding claim 3, characterized in that said first end portion comprises a substantially transverse wall (See Figure above) suited to come into contact with the frame of the door/window frame structure (See Figure above).
Regarding claim 4, characterized in that said transverse wall of said first end portion has a predetermined width substantially equal to the width of said body (See Figure above).
Regarding claim 7, characterized in that said second end portion of said body comprises a shaped wall (See Figure above) suited to define a seat (See Figure above) for at least partial housing of the insulation element of the door/window frame structure.
Regarding claim 9, characterized in that, with respect to a substantially transverse direction passing through said first and said second end portion of said body, said seat extends inwards of said body (See Figure above).
Regarding claim 10, characterized in that said body is internally hollow (See Figure above).
Regarding claim 11, method for making a metal profile of the type according to claim 1 (See claim 1 above) suited to be used in the door/window frame structure, wherein the door/window frame structure comprises a metal frame (See Figure above) and an insulating element (See Figure above) and/or a linear gasket (optional) arranged inside said frame, said method comprising the following steps: a) providing of a piece of flat metal sheet (sheet which the metal profile is formed from) having predetermined dimensions and a pair of end edges (edges which are joined); b) bending of said piece of metal sheet along predetermined bending lines so as to obtain an elongated metal profile extending along a longitudinal extension direction (bent to form the metal profiles; see figure above), said metal profile having a body (See Figure above) with a first end portion (See Figure above) and a second end portion (See Figure above); c) joining of said end edges (See Figure above) of said bent metal sheet to define a closed and internally hollow body (See Figure above); wherein said first end portion is suited to interact with the frame (See Figure above) of the door/window frame structure; and wherein said second end portion is suited to interact with the insulating element (See Figure above) of the door/window frame structure to hold thereof with respect to a substantially transverse direction and to form a unitary assembly with said insulating element.
Regarding claim 12, characterized in that, in said bending step b) the formation of a pair of side walls (See Figure above) substantially longitudinal and parallel to each other is provided, said side walls being transversely spaced apart to define a predetermined width (See Figure above) for said body.
Regarding claim 13, characterized in that in said bending step b), the formation of a first end portion having a substantially transverse wall (See Figure above) suited to interact with the frame (See Figure above) of the door/window frame structure is provided.
Regarding claim 14, characterized in that in said bending step b), a second end portion provided with a shaped wall (See Figure above) suited to define a longitudinal seat (See Figure above) for housing at least one end of the insulating element of the door/window frame structure is provided.
2nd Interpretation
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Regarding claim 1, Wenig discloses a metal profile for door/window frame structures, wherein the frame structure comprises a metal frame and/or an insulating element (optional, see Figure above) and/or a linear gasket (optional) arranged inside said frame, said metal profile (See Figure above; 2nd interpretation) comprising: an elongated body (See Figure above) extending along a substantially longitudinal extension direction; a first end portion (See Figure above) of said elongated body; a second end portion (See Figure above) of said elongated body; wherein said first end portion of said body is suited to interact with the frame and or linear gasket of the door/window frame structure (See Figure above); wherein said second end portion of said body is suited to be coupled with said insulating element (See Figure above) of the door/window frame structure to hold thereof with respect to a substantially transverse direction and form a unitary assembly with said insulating element (See Figure above); and wherein said metal profile is formed by a piece of bent metal sheet with a pair of end edges (See Figure above), said end edges of the piece of sheet metal being reciprocally joined to each other (See Figure above) to define a closed and internally hollow elongated body (See Figure above).
Regarding claim 2, characterized in that said elongated body comprises a pair of side walls (See Figure above) substantially longitudinal and parallel to each other, said side walls being transversally spaced so as to define a predetermined width (See Figure above) for said body.
Regarding claim 3, characterized in that said first end portion comprises a substantially transverse wall (See Figure above) suited to come into contact with the frame of the door/window frame structure (See Figure above).
Regarding claim 4, characterized in that said transverse wall of said first end portion has a predetermined width substantially equal to the width of said body (top transverse wall; See Figure above).
Regarding claim 5, characterized in that said transverse wall of said first end portion has a width smaller than the width of said body (lower transverse wall).
Regarding claim 6, characterized in that said first end portion has a shaped section (See Figure above) having a predetermined shape, said shaped section being joined to said flat transverse wall (See Figure above).
Regarding claim 7, characterized in that said second end portion of said body comprises a shaped wall (See Figure above) suited to define a seat (See Figure above) for at least partial housing of the insulation element of the door/window frame structure.
Regarding claim 9, characterized in that, with respect to a substantially transverse direction passing through said first and said second end portion of said body, said seat extends inwards of said body (See Figure above).
Regarding claim 10, characterized in that said body is internally hollow (See Figure above).
Regarding claim 11, method for making a metal profile of the type according to claim 1 (See claim 1 above) suited to be used in the door/window frame structure, wherein the door/window frame structure comprises a metal frame (See Figure above) and an insulating element (See Figure above) and/or a linear gasket (optional) arranged inside said frame, said method comprising the following steps: a) providing of a piece of flat metal sheet (sheet which the metal profile is formed from) having predetermined dimensions and a pair of end edges (edges which are joined); b) bending of said piece of metal sheet along predetermined bending lines so as to obtain an elongated metal profile extending along a longitudinal extension direction (bent to form the metal profiles; see figure above), said metal profile having a body (See Figure above) with a first end portion (See Figure above) and a second end portion (See Figure above); c) joining of said end edges (See Figure above) of said bent metal sheet to define a closed and internally hollow body (See Figure above); wherein said first end portion is suited to interact with the frame (See Figure above) of the door/window frame structure; and wherein said second end portion is suited to interact with the insulating element (See Figure above) of the door/window frame structure to hold thereof with respect to a substantially transverse direction and to form a unitary assembly with said insulating element.
Regarding claim 12, characterized in that, in said bending step b) the formation of a pair of side walls substantially longitudinal and parallel to each other is provided, said side walls being transversely spaced apart to define a predetermined width for said body (See Figure above).
Regarding claim 13, characterized in that in said bending step b), the formation of a first end portion having a substantially transverse wall suited to interact with the frame and/or with the linear gasket of the door/window frame structure is provided (See Figure above).
Regarding claim 14, characterized in that in said bending step b), a second end portion provided with a shaped wall suited to define a longitudinal seat for housing at least one end of the insulating element of the door/window frame structure is provided (See Figure above).
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) 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3,729,869 to Wenig.
Regarding claim 8, Wenig discloses characterized in that the wall of said second end portion of said body is shaped so as to define a seat (Wenig teaches multiple seats, as shown in the figures above) but does not disclose having a substantially semicircular cross-sectional shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the seat with the desired shape of interaction between the insulation materials and/or the linear gaskets so to make a smooth connection between the elements and to make the elements easier to install, thereby eliminating sharp corners or hard to insert areas.
Regarding claim 15, Wenig discloses characterized in that in said step c), the ends of said bent metal sheet are in contact with each other, said ends being placed at said shaped wall of said longitudinal seat (See Figure above).
Wenig discloses wherein the ends are engaged but does not specifically disclose wherein the end edges are in contact with each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have secured the end edges of the metal material in contact with one another and thereby formed a hollow metal profile without the overlapping of material, thereby saving on material costs and still providing a structurally sound profile element.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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