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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/26/2024 was considered by the examiner.
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 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 13 recites the limitation "the sealing surface" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the sealing surface " in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the sealing component comprises a first sealing surface for sealing the closure frame" in line 3, however claim 10, which claim 15 depends from already defined the sealing component comprises a first sealing surface. Are there two “first sealing surfaces” defined by the sealing component? This renders the claim indefinite.
Claim Rejections - 35 USC § 102
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 1-4, 6-12, 15, 17-18, 20-22, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hardman US20050178079.
Claim 1. Hardman discloses a sealing frame (10) for sealing a closure within an aperture (2) in a building (1), the sealing frame comprising: a main frame structure (16) arranged so that, in use, the main frame structure extends around a perimeter of the building aperture; a sealing component (13) for a closure frame of the closure (20), the sealing component extending, in use, away from the main frame structure and into the building aperture and comprising a first sealing surface (surface of 13 with 15 attached to) facing in a first direction along a depth axis of the building aperture and which is adapted to abut a surface of the closure frame (20), for sealing the closure frame relative to the main frame structure and so the closure relative to the building; and a mounting flange (11) adapted to abut a building surface for locating the sealing frame in the building aperture, the mounting flange defining a second sealing surface facing in the first direction along the depth axis of the building aperture; wherein the first and second sealing surfaces are offset from one another along the depth axis of the building aperture (as illustrated in Fig.2).
Claim 2. Hardman discloses the first sealing surface is adapted to abut a rear-facing surface of the closure frame (20, Fig.4).
Claim 3. Hardman discloses a frame seal (15) for sealing the closure frame relative to the sealing frame; wherein the frame seal is mounted on the sealing component (13) and bonded to it; or wherein the frame seal is provided integrally with the sealing component (Fig.2).
Claim 4. Hardman discloses the second sealing surface is adapted to abut a surface of a building structure surrounding the building aperture (see 11 in relation to 1, Fig.1); wherein the mounting flange defines an abutment surface adapted to abut a surface of the building structure; and wherein the sealing frame is adapted to overlap an internal edge of the closure aperture defined between the surface of the building structure and a generally perpendicular surface in a reveal area of the building aperture (Fig.2); optionally wherein the sealing frame further comprises: a building seal for sealing the mounting flange to a surface of a building structure surrounding the building aperture; wherein the building seal is mounted on the mounting flange and bonded to it; or wherein the building seal is provided integrally with the mounting flange.
Claim 6. Hardman discloses sealing frame (10) for sealing a closure within an aperture (2) in a building (1), the sealing frame comprising: a main frame (16) structure arranged so that, in use, the main frame structure extends around a perimeter of the building aperture; and a sealing component (13) for a closure frame of the closure, the sealing component extending, in use, away from the main frame structure and into the building aperture and comprising a first sealing surface (surface with 15 attached) which is adapted to abut a surface of the closure frame, for sealing the closure frame relative to the main frame structure and so the closure relative to the building; wherein the sealing frame further comprises a mounting flange (11) adapted to abut a building surface for locating the sealing frame in the building aperture and defining a second sealing surface, the mounting flange having a building seal provided on the second sealing surface for sealing the sealing frame relative to the building (in the form of adhesive – P.0020:1-5 and P.0021:1-3); or wherein the sealing frame further comprises a frame seal (15) for sealing the closure frame (20) relative to the sealing frame, the frame seal being provided on the first sealing surface (Fig.4).
Claim 7 and 9. Hardman discloses the first sealing surface is adapted to abut a rear-facing surface of the closure frame; and wherein the frame seal (15) is mounted on the sealing component (13) and bonded to it or the frame seal is provided integrally with the sealing component (Fig.2).
Claim 8. Hardman discloses the second sealing surface is adapted to abut a surface of a building structure surrounding the building aperture (see 11 in relation to 1, Fig.1); wherein the mounting flange defines an abutment surface adapted to abut a surface of the building structure; and wherein the sealing frame is adapted to overlap an internal edge of the closure aperture defined between the surface of the building structure and a generally perpendicular surface in a reveal area of the building aperture (Fig.2).
Claim 10. Hardman discloses a sealing frame (10) for sealing a closure within an aperture (2) in a building (1), the sealing frame comprising: a main frame structure (16) arranged so that, in use, the main frame structure extends around a perimeter of the building aperture and defines a first portion (19) extending along a depth axis of the building aperture in which the sealing frame is to be installed; and a sealing component (13) for a closure frame of the closure, the sealing component extending, in use, away from the first portion of the main frame structure and into the building aperture, and comprising a first sealing surface (surface with 15 attached) adapted to abut a surface of the closure frame (20), for sealing the closure frame relative to the main frame structure and so the closure relative to the building; wherein the first portion (19) of the main frame structure is configured to close a cavity formed between inner and outer building layers (inner section of 1 along 13 and outer section of 1 along 17 as shown in Fig.8); and wherein the main frame structure defines a second sealing surface (via 19) which is adapted to abut a building surface for sealing the sealing frame to the building around the perimeter of the building aperture (Fig.8).
Claim 11. Hardman discloses the cavity comprises an insulating cavity between inner and outer building layers (blocked by 19), and optionally the cavity is at least partially filled with an insulating material.
Claim 12. Hardman discloses the first sealing surface is adapted to abut a surface of the closure frame (20) on a first side of the sealing component and an internal surface of the first portion (19) of the main frame structure (16) on a second side of the sealing component comprises a closure reveal component (between 17 and 19) arranged in use to be positioned within the building aperture (Fig.8); wherein the closure reveal component is configured to receive a finishing material, finishing panel or finishing strip.
Claim 15 as best understood. Hardman discloses the sealing surface comprises a second sealing surface; and wherein the sealing component (13) comprises a first sealing surface (surface of 13 with 15 attached) for sealing the closure frame (20) relative to the main frame structure (16) and so the closure relative to the building: optionally wherein: the first and second sealing surfaces face in a first direction along a depth axis of the building aperture and are offset from one another along the depth axis of the building aperture; and the first sealing surface is adapted to abut a rear-facing surface of the closure frame.
Claim 17. Hardman discloses a frame seal (15) for sealing the closure frame relative to the sealing frame; wherein the frame seal is mounted on the sealing component (13) and bonded to it; or wherein the frame seal is provided integrally with the sealing component (Fig.4).
Claim 18. Hardman discloses a two-piece closure assembly comprising: closure frame (20); and a sealing frame (10) according to claim 1 (Fig.4).
Claim 20, 24, and 25. Hardman discloses method of installing a closure within an aperture of a building, the method comprising the steps of: positioning a sealing frame (10) according to claim 1 within the building aperture (2); inserting a closure frame (20) into an opening of the building aperture; translating the closure frame along a depth axis of the building aperture in a direction away from the opening to a mounting location at which a surface of the closure frame contacts an abutment surface (surface of 13 with 15) defined by the sealing component (13); and securing the closure frame to the building at the mounting location (as clearly illustrated in Fig.4).
Claim 21 and 22. Hardman discloses method of renovating a building involving the replacement of a closure installed within an aperture of a building, the method comprising the steps of: removing a closure frame from its location within the building aperture (as discussed in P.0020); positioning a sealing frame (10) according to claim 1 within the building aperture (2); inserting a closure frame (20) into an opening of the building aperture; translating the closure frame along a depth axis of the building aperture in a direction away from the opening to a mounting location at which a surface of the closure frame contacts an abutment surface (surface of 13 with 15) defined by the sealing component (13); and securing the closure frame to the building at the mounting location (as clearly illustrated in Fig.4).
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hardman US20050178079 as applied to claim10 above
Claim 13 as best understood. Hardman discloses in a different embodiment a mounting flange (11) adapted to abut a building surface for locating the sealing frame in the building aperture and defining a second sealing surface, the mounting flange having a building seal provided on the second sealing surface for sealing the sealing frame relative to the building (in the form of adhesive – P.0020:1-5 and P.0021:1-3); or wherein the sealing frame further comprises a frame seal (15) for sealing the closure frame (20) relative to the sealing frame, the frame seal being provided on the first sealing surface (Fig.4). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide a mounting flange with the motivation of providing a sealed and weather resistant closure as suggested by Hardman, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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