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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 June 2026 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2 390 404 A to Young.
Regarding claim 18, Young discloses a frame interface member (10) for the glazing of a panel, comprising: a rigid body (11; Page 5, lines 9-10) comprising a base (11b), a first sidewall (11a), and a second sidewall (11c), wherein the base and the first and second sidewalls each comprise an interior surface (upper surface, Fig.1) and an external surface (lower surface, Fig.1); a channel (Fig.2) defined by the interior surfaces of the base and the first and second sidewalls; a flexible first securing member (16 on 11a) disposed on the interior surface of the first sidewall; and a flexible second securing member (16 on 11c) disposed on the interior surface of the second sidewall, wherein each of the first and second securing members extending inwardly and downwardly into the channel and toward the base (16, Fig.2); a coupling protrusion (18) disposed on the exterior surface of at least one of the first and second sidewalls (18, both sidewalls); and a cap configured to be positioned and affixed over the coupling protrusion (24, Fig.3).
Regarding claim 19, wherein the coupling protrusion is constructed of a rigid material (Page 6, lines 20-22).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 390 404 A to Young.
Regarding claim 20, Young discloses wherein the flexible material is a resilient material to provide a water tight seal, formed from a TPE and Young discloses wherein the body is formed from a relatively rigid plastic material, specifically polypropylene (Page 6, lines 20-22), Polypropylene is known to have a Shore hardness of less than 100D.
Young does not specifically state which type of TPE or wherein the flexible material has a Shore hardness of up to 100A, nor does Young provide specifics on the Hardness of the polypropylene used
In order for an elastomer to be resilient and flexible, a Shore hardness less than 100A would be ideal. In fact, a Shore hardness of 100A falls into a “hard material”, thereby requiring a Shore hardness of less than 100A to remain flexible and resilient to form a water tight seal. 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 flexible portions of the glazing bead of Young from a material having a Shore hardness of 100A or less so to ensure that the flexible portions remain pliant and resilient and can effectively seal against the glass panel to prevent water, dirt, etc. from intruding into the frame of the system.
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 body of the glazing bead of Young from a rigid material having a Shore Hardness of less than 100D since the material will provide enough rigidity to keep its shape and prevent easy bending of the glazing bead, providing a secure connection for the glass within the frame.
Claim(s) 1-7, 9-15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 390 404 A to Young in view of US 9,506,247 B2 to Feldpausch et al.
Regarding claim 1, Young discloses a glazing bead system comprising a frame interface member (10), wherein the frame interface member comprises: a body (11) comprising a base (11b), a first sidewall (11a), and a second sidewall (11c), wherein the base and the first and second sidewalls each comprise an interior surface (top surface, Fig.1) and an external surface (bottom surface, Fig.1); a channel (inside of member, Fig.2) defined by the interior surfaces of the base and the first and second sidewalls; a coupling protrusion (18) disposed on the exterior surface of at least one of the first and second sidewalls; and a first securing member (16) disposed on the interior surface of the first sidewall (11a) and a second securing member (16) disposed on the interior surface of the second sidewall (11c), wherein each of the body and the coupling protrusion are constructed of a rigid material (Page 5, lines 9-10) and each of the first and second members are constructed of a flexible material (Page 5, lines 9-10); the glazing bead system further comprising a frame constituent (24), wherein the frame constituent comprises: an interface member abutting surface (horizontal portion of 24 on which 11b is resting), a first frame wall (left side of 24), and a second frame wall (right side of 24), wherein the interface member abutting surface and the first and second frame walls each comprise an interior surface (surfaces in the channel) and an external surface (outside surfaces); an interface retention portion (channel of the frame) defined by the interior surfaces of the interface member abutting surface and the first and second frame walls, wherein the body of the frame interface member has a frame interface member profile (U-shaped), and the interface retention portion has an interface retention portion profile (U-shaped) that is substantially complementary to the frame interface member profile (one fits snugly within the other, Fig.3); and a coupling recess disposed on the interior surface of at least one of the first and second frame walls (serrations 28), wherein the coupling protrusion has a coupling protrusion profile (profile of 18) and wherein the coupling protrusion is configured to friction fit within the coupling recess (the members 18 are friction fit within the serrations 28).
Young does not disclose wherein the recess of the frame constituent has a complimentary shape to the protrusions (18) of the frame interface member.
Feldpausch et al. discloses providing the exterior surface of the glazing bead (58, Fig.6) with a coupling protrusion (triangular protrusion on exterior surface of 58) and the interior surface of the frame (20, Fig.6) with a recess (triangular recess) having a complimentary shape to the coupling protrusion (Fig.6), thereby enabling the protrusion to friction fit within the recess (Fig.6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed complimentary recesses in the frame walls of Young as taught by Feldpausch so to provide a means to effectively secure the glazing bead within the frame without deforming the coupling protrusions, and further preventing slipping of the glazing bead within the frame member.
Regarding claim 2, Young disclose wherein each of the first and second securing members extend inwardly and downwardly into the channel and toward the base (16, Fig.2).
Regarding claim 3, Young discloses wherein the first securing member is disposed oppositely across the channel from the second securing member to form at least one pair of opposing securing members (16, Fig.2).
Regarding claim 4, Young discloses further comprising a plurality of rows of securing members up to a maximum of five (one row equals the limitation “up to five”), wherein the first securing member and the second securing member are arranged in a first row (16, Fig.2) of the five rows.
Regarding claim 5, Young discloses wherein the flexible material is a resilient material to provide a water tight seal, formed from a TPE.
Young does not specifically state which type of TPE or wherein the flexible material has a Shore hardness of up to 100A.
In order for an elastomer to be resilient and flexible, a Shore hardness less than 100A would be ideal. In fact, a Shore hardness of 100A falls into a “hard material”, thereby requiring a Shore hardness of less than 100A to remain flexible and resilient to form a water tight seal. 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 flexible portions of the glazing bead of Young from a material having a Shore hardness of 100A or less so to ensure that the flexible portions remain pliant and resilient and can effectively seal against the glass panel to prevent water, dirt, etc. from intruding into the frame of the system.
Regarding claim 6, Young discloses wherein the body is formed from a relatively rigid plastic material, specifically polypropylene, but does not specifically disclose wherein the rigid material has a Shore hardness of up to 100D.
Polypropylene is known to have a Shore hardness of less than 100D, but Young does not provide specifics on the type of polypropylene used.
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 body of the glazing bead of Young from a rigid material having a Shore Hardness of less than 100D since the material will provide enough rigidity to keep its shape and prevent easy bending of the glazing bead, providing a secure connection for the glass within the frame.
Regarding claim 7, Young discloses wherein the first and second sidewalls each comprise a top surface (to of 11a and 11c), and wherein the glazing bead system comprises a flexible seal (12) disposed on the top surface of at least one of the first and second sidewalls.
Regarding claim 9, Feldpausch discloses wherein each of the coupling protrusion and the coupling recess comprise an angled surface (lower angled surface of the triangular protrusion and recess) and an opposite surface (top angled surface), wherein the angled surface of the coupling protrusion is complementary to the angled surface of the coupling recess and the opposite surface of the coupling protrusion is complementary to the opposite surface of the coupling recess (Fig.6).
Regarding claim 10, Feldpausch discloses wherein the angled surfaces of the coupling recess and the coupling protrusion are configured to permit insertion of the frame interface member into the interface retention portion of the frame constituent (angled surface allows the bead to be inserted easily into the frame), and wherein the opposite surfaces of the coupling recess and the coupling protrusion are configured to resist removal of the frame interface member from the interface retention portion (top angled surface is a sharper angle, thereby resisting removal of the glazing bead).
Regarding claim 11, Young discloses further comprising a cap (24) configured to be positioned and affixed over the coupling protrusion (18, Fig.3).
Regarding claim 12, Young discloses a method for glazing a panel, comprising: providing a panel (22) comprising an edge (lower edge of 22, Fig.3) and at least one surface (left and right surface of 22, Fig.3); providing a frame interface member (10) comprising a base (11b), a first sidewall (11a), and a second sidewall (11c), wherein the base and the first and second sidewalls each comprise an interior surface (top surface of 11, Fig.1) and an external surface (bottom surface of 11, Fig.1), a channel (Fig.2) defined by the interior surfaces of the base and the first and second sidewalls, a coupling protrusion (18) disposed on the exterior surface of at least one of the first and second sidewalls, and a first securing member (16 on 11a) disposed on the interior surface of the first sidewall and a second securing member (16 on 11c) disposed on the interior surface of the second sidewall, wherein each of the body and the coupling protrusion are constructed of a rigid material (Page 5, lines 9-10) and each of the first and second members are constructed of a flexible material (Page 5, lines 9-10); providing a frame constituent (24) comprising an interface member abutting surface (horizontal surface of 24), a first frame wall (left wall of 24), and a second frame wall (right wall of 24), wherein the interface member abutting surface and the first and second frame walls each comprise an interior surface (interior of channel of 24) and an external surface (outer surfaces of the portions of 24), an interface retention portion (channel formed within 24) defined by the interior surfaces of the interface member abutting surface and the first and second frame walls, wherein the body of the frame interface member has a frame interface member profile (U-shaped profile), and the interface retention portion has an interface retention portion profile that is substantially complementary to the frame interface member profile (U-shaped profile), and a coupling recess (serrations 28) disposed on the interior surface of at least one of the first and second frame walls, wherein the coupling protrusion has a coupling protrusion profile (profile of 18) and wherein the coupling protrusion is configured to friction fit within the coupling recess (the members 18 are friction fit within the serrations 28); inserting the frame interface member into the interface retention portion of the frame constituent until the coupling protrusion seats within the coupling recess (Page 5, lines 18-24); positioning the edge of the panel along the channel of the frame interface member; and inserting the edge of the panel into the channel of the frame interface member until the first and second securing members frictionally engage with the at least one surface of the panel to secure the panel within the channel (Page 5, line 26 – Page 6, line 2).
Young does not disclose wherein the recess of the frame constituent has a complimentary shape to the protrusions (18) of the frame interface member.
Feldpausch et al. discloses providing the exterior surface of the glazing bead (58, Fig.6) with a coupling protrusion (triangular protrusion on exterior surface of 58) and the interior surface of the frame (20, Fig.6) with a recess (triangular recess) having a complimentary shape to the coupling protrusion (Fig.6), thereby enabling the protrusion to friction fit within the recess (Fig.6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed complimentary recesses in the frame walls of Young as taught by Feldpausch so to provide a means to effectively secure the glazing bead within the frame without deforming the coupling protrusions, and further preventing slipping of the glazing bead within the frame member.
Regarding claim 13, Young discloses wherein the panel comprises a shower door panel (Page 1, Paragraph 2).
Regarding claim 14, Young discloses wherein the first and second sidewalls each comprise a top surface (top of 11a and 11c), and wherein a flexible seal (12) is disposed on the top surface of at least one of the first and second sidewalls, and wherein the method further comprises creating a substantially water- impermeable seal between the panel and the frame interface member (Page 6, lines 1-2).
Regarding claim 15, Young discloses wherein the frame interface member comprises a lower pair of opposing coupling protrusions (lower protrusions 18) and an upper pair of opposing coupling protrusions (upper protrusions 18), and the frame constituent comprises multiple serrations (28); and wherein the step of inserting the frame interface member into the interface retention portion of the frame constituent comprises: the lower pair of opposing coupling protrusions seats within the serrations and the upper pair of coupling protrusions seats within the serrations (frame interface member is fully inserted into the frame).
Young discloses providing multiple coupling protrusions but Young nor Feldpausch disclose upper and lower coupling recesses, and inserting the protrusions into the coupling recesses.
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 glazing bead and the frame with multiple pairs of both protrusions and recesses thereby creating a stronger connection between the glazing bead and the frame.
Regarding claim 17, Young discloses wherein the frame interface member is inserted into the frame retention portion until the exterior surface of the base of the frame interface member contacts the interior surface of the frame abutting portion of the frame constituent (Fig.3).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 and 9-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No.12,098,586 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the elements of the instant claims are included within the patented claims.
Response to Arguments
Applicant's arguments filed 16 June 2026 have been fully considered but they are not persuasive.
Applicant argues that Feldpausch does not disclose a complimentary coupling recess and couple protrusion, but argues portions of the teachings of Feldpausch that are not referenced in the rejection. Feldpausch does in fact teach complimentary protrusions and recesses on the frame interface member and the frame constituent in Figure 6. The triangular projections on the exterior of interface member 58 and the triangular recesses are located on the interior of frame constituent 20. Therefore Feldpausch does in fact teach the recited structure, thereby proving a means to lock the interface member within the frame constituent.
The remarks noted that a terminal disclaimer has been filed, but no evidence of a Terminal Disclaimer is found within the application.
Conclusion
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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