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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/19/2026 has been entered. Claims 2, 11, and 21 have been amended. Claim 1 remains canceled. Claims 2-30 are currently pending.
Claim Objections
Claim objected to because of the following informalities: Claim . Appropriate correction is required.
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.
Claim(s) 2-7, 9-12, 14-23, and 25-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raap (US. 2016/0047158).
Regarding claim 2, Raap teaches a fenestration automated operating system comprising: at least one fenestration assembly (100), the at least one fenestration assembly (100) includes: a fenestration frame (102), the fenestration frame includes a fenestration frame profile (102 and including service panel as described in [0019] to enclose the motor 106); a fenestration panel (104 or 122) movably coupled with the fenestration frame (102) and configured to move between open and closed positions and (as seen in fig 1) intermediate open positions therebetween (as window moves between open and closed positions it also moves through intermediate open positions); an unpowered movement sensor (intrusion sensor 416C may detect a force applied to the sash, as described in [0036]) in communication with the fenestration controller (402, described in [0036]), the unpowered movement sensor configured to detect an unpowered movement of the fenestration panel (intrusion sensor 416C may detect a force applied to the sash, as described in [0036]); a panel operating assembly (108/106 combination) coupled with one or both of the fenestration frame or the fenestration panel (see fig 1), the panel operating assembly (108/106 combination) includes: a panel actuator (106) coupled between the fenestration frame (102) and the fenestration panel (104 or 122, see fig 1), wherein the panel actuator (106) is located within the fenestration frame profile (102 and including service panel as described in [0019] to enclose the motor 106); one or more fenestration sensors (414 or 408) configured to monitor one or more of interior characteristics (414 is interior sensors including smoke/fire sensors 414A, HVAC sensors 414B, light level sensors 414C, temperature sensors 414D, and occupancy sensors 414E as described in [0035]) or exterior characteristics (408 is exterior sensors including weather sensors 408A and solar sensors 408B as described in [0033]) relative to the at least one fenestration assembly (100); and one or more processors including a fenestration controller (402), the one or more processors in communication with the panel actuator (106) and the one or more fenestration sensors (414 or 408), the fenestration controller (402) configured to: store one or more ventilation prescriptions (such as acceptable temperature, etc.); detect the unpowered movement via the unpowered movement sensor (416C); generate control instructions for the panel actuator (106) based on the one or more ventilation prescriptions, the detection of the unpowered movement (via sensor 416C), and one or more of the interior characteristics or the exterior characteristics (from sensors 414 or 408); and control the panel actuator (106) according to the control instructions to move the fenestration panel (described in [0030]).
Regarding claim 3, Raap teaches the fenestration automated operating system of claim 2. Raap further teaches wherein the one or more ventilation prescriptions include one or more comfort parameters, the comfort parameters corresponding to one or more specified exterior characteristics (408 is exterior sensors including weather sensors 408A and solar sensors 408B as described in [0033]); and generating control instructions includes: comparing the exterior characteristics monitored with the one or more fenestration sensors (408) with the one or more specified exterior characteristics of the comfort parameters; and generating the control instructions with exterior characteristics that satisfy the one or more specified exterior characteristics based on the comparing ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor).
Regarding claim 4, Raap teaches the fenestration automated operating system of claim 3. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (408 is exterior sensors including solar sensors 408B as described in [0033]); and controlling the panel actuator (106) to move the fenestration panel (104 or 122) includes controlling the panel actuator (106) to move the fenestration panel (104 or 122) to communicate the exterior characteristics of an exterior environment with an interior environment, the exterior characteristics different than the specified room temperature ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor).
Regarding claim 5, Raap teaches the fenestration automated operating system of claim 3. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters include one or more of temperature (408 is exterior sensors including weather sensors 408A as described in [0033]), humidity, wind speed, air quality, range of temperatures, range of humidity, range of wind speeds, or range of air quality.
Regarding claim 6, Raap teaches the fenestration automated operating system of claim 3. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (408 is exterior sensors including solar sensors 408B as described in [0033]).
Regarding claim 7, Raap teaches the fenestration automated operating system of claim 3. Raap further teaches wherein generating the control instructions includes generating control instructions that operate the panel actuator (106) to open the fenestration panel ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor, controlling the drive motor).
Regarding claim 9, Raap teaches the fenestration automated operating system of claim 2. Raap further teaches wherein controlling the panel actuator according to the control instructions includes creating an exterior comfortable environment within an interior environment through one or more of the open position (as seen in fig 1) or intermediate open positions (as window moves between open and closed positions it also moves through intermediate open positions) of the fenestration panel (104 or 122), wherein the exterior comfortable environment is different than a room temperature environment (by controlling the window by a sensed condition of the internal sensors 414 or external sensors 408, the fenestration automated operating system can control the panel movement to create as desired).
Regarding claim 10, Raap teaches the fenestration automated operating system of claim 2. Raap further teaches wherein the one or more fenestration sensors (414 or 408) include temperature (both 414 and 408 can be temperature sensors as described in [0033] and [0035]), moisture, pressure, wind speed, wind direction, ambient light, or natural light sensors.
Regarding claim 11, Raap teaches a method for operating an automated fenestration assembly (100) comprising: receiving one or more of interior characteristics (414 is interior sensors including smoke/fire sensors 414A, HVAC sensors 414B, light level sensors 414C, temperature sensors 414D, and occupancy sensors 414E as described in [0035]) or exterior characteristics (408 is exterior sensors including weather sensors 408A and solar sensors 408B as described in [0033]) relative to the automated fenestration assembly (100), including a fenestration frame (102), the fenestration frame includes a fenestration frame profile (102 and including service panel as described in [0019] to enclose the motor 106); comparing one or more of the interior or exterior characteristics with one or more ventilation prescriptions (such as acceptable temperature, etc.); generating control instructions for the automated fenestration assembly (100) according to the comparison ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor); and operating the automated fenestration assembly (100) with the generated control instructions, operating includes: receiving control instructions at a panel actuator (106) of the automated fenestration assembly (100) the panel actuator located within the fenestration frame profile (102 and including service panel as described in [0019] to enclose the motor 106); and actuating a fenestration panel (104 or 122) of the automated fenestration assembly (100) according to the control instructions (as described in [0030]).
Regarding claim 12, Raap teaches the method of claim 11. Raap further teaches wherein the one or more ventilation prescriptions include one or more comfort parameters, and the one or more comfort parameters correspond to one or more specified exterior characteristics (408 is exterior sensors including weather sensors 408A and solar sensors 408B as described in [0033]); and generating the control instructions for the automated fenestration assembly (100) includes: comparing the exterior characteristics with the one or more specified exterior characteristics of the comfort parameters (analyzing step described in [0030]); and generating the control instructions according to the comparison ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor).
Regarding claim 14, Raap teaches the method of claim 12. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters include one or more of temperature (408 is exterior sensors including weather sensors 408A as described in [0033]), humidity, wind speed, air quality, range of temperatures, range of humidity, range of wind speeds, or range of air quality.
Regarding claim 15, Raap teaches the method of claim 12. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (408 is exterior sensors including solar sensors 408B as described in [0033]); and actuating the fenestration panel (104 or 122) of the automated fenestration assembly (100) according to the control instructions includes actuating the fenestration panel (104 or 122) to communicate the exterior characteristics of an exterior environment with an interior environment, the exterior characteristics different than the specified room temperature ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor).
Regarding claim 16, Raap teaches the method of claim 12. Raap further teaches wherein actuating the fenestration panel (104 or 122) of the automated fenestration assembly (100) according to the control instructions includes creating an exterior comfortable environment within an interior environment through the automated fenestration assembly (by controlling the window by a sensed condition of the internal sensors 414 or external sensors 408, the fenestration automated operating system can control the panel movement to create as desired).
Regarding claim 17, Raap teaches the method of claim 12. Raap further teaches comprising monitoring one or more of the interior or exterior characteristics with one or more fenestration sensors (414 or 408) including one or more of temperature (414D and 408A are temperature or weather sensors as described in [0033] and [0035]), moisture, pressure, wind speed, wind direction, ambient light, or natural light sensors.
Regarding claim 18, Raap teaches the method of claim 11. Raap further teaches wherein the automated fenestration assembly includes a plurality of automated fenestration assemblies ([0030] describes one or multiple window management systems 402 to control a plurality of fenestration assemblies in a bank of windows or a building of windows); and operating the automated fenestration assembly with the generated control instructions includes operating the plurality of automated fenestration assemblies according to the control instructions (by window management system 402 as described [0030]).
Regarding claim 19, Raap teaches the method of claim 18. Raap further teaches wherein operating the plurality of automated fenestration assemblies (100, as taught above) according to the control instructions includes coordinating operating the plurality of automated fenestration assemblies (as described in [0030], 402 controls the plurality of fenestration assemblies).
Regarding claim 20, Raap teaches the method of claim 11. Raap further teaches wherein actuating the fenestration panel (104 or 122) of the automated fenestration assembly (100) according to the control instructions includes actuating the fenestration panel between open and closed positions (as seen in fig 1) and positions therebetween (as window moves between open and closed positions it also moves through intermediate open positions).
Regarding claim 21, Raap teaches a fenestration automated operating system comprising: at least one fenestration assembly (100), the at least one fenestration assembly (100) includes: a fenestration frame (102), the fenestration frame includes a fenestration frame profile (102 and including service panel as described in [0019] to enclose the motor 106); a fenestration panel (104 or 122) movably coupled with the fenestration frame (102) and configured to move between open and closed positions (as seen in fig 1) and intermediate open positions therebetween (as window moves between open and closed positions it also moves through intermediate open positions); a panel operating assembly (108/106 combination) coupled with one or both of the fenestration frame or the fenestration panel (see fig 1), the panel operating assembly (108/106 combination) includes: a panel actuator (106) coupled between the fenestration frame (102) and the fenestration panel ( 104 or 122, see fig 1), wherein the panel actuator (106) is located within the fenestration frame profile (102 and including service panel as described in [0019] to enclose the motor 106); and wherein the panel operating assembly (108/106) is configured to automatically operate the panel actuator and move the fenestration panel (104 or 122) between the open and closed positions (see fig 1) and the intermediate positions (as described above) and permit manual movement of the fenestration panel (104 or 122) without operation of the panel actuator ([0022] “a user may activate a mechanical release that disengages the drive system 108 from the motor 106” for manual movement of the fenestration panel); one or more fenestration sensors (414 or 408) configured to monitor one or more of interior characteristics (414 is interior sensors including smoke/fire sensors 414A, HVAC sensors 414B, light level sensors 414C, temperature sensors 414D, and occupancy sensors 414E as described in [0035]) or exterior characteristics (408 is exterior sensors including weather sensors 408A and solar sensors 408B as described in [0033]) relative to the at least one fenestration assembly (100); and one or more processors including a fenestration controller (402), the one or more processors in communication with the panel actuator (106) and the one or more fenestration sensors (414 or 408), the fenestration controller (402) configured to: store one or more ventilation prescriptions (such as acceptable temperature, etc.); generate control instructions for the panel actuator (106) based on the one or more ventilation prescriptions and one or more of the interior characteristics or the exterior characteristics (from sensors 414 and 408); and control the panel actuator (106) according to the control instructions to move the fenestration panel (as described in [0030]).
Regarding claim 22, Raap teaches the fenestration automated operating system of claim 21. Raap further teaches wherein the panel actuator (106) is configured to decouple (by disengaging the drive system 108 as described in [0022]) from one or both of the fenestration panel (104 or 122) or the fenestration frame to permit manual movement the fenestration panel (as described above).
Regarding claim 23, Raap teaches the fenestration automated operating system of claim 21. Raap further teaches wherein the panel actuator (106) is configured to decouple (by disengaging the drive system 108 as described in [0022]) from the fenestration panel (104 or 122) to permit manual movement the fenestration panel (as described above).
Regarding claim 25, Raap teaches the fenestration automated operating system of claim 21. Raap further teaches wherein the one or more ventilation prescriptions include one or more comfort parameters, the comfort parameters corresponding to one or more specified exterior characteristics (408 is exterior sensors including weather sensors 408A and solar sensors 408B as described in [0033]); and generating control instructions includes: comparing the exterior characteristics monitored with the one or more fenestration sensors (408) with the one or more specified exterior characteristics of the comfort parameters; and generating the control instructions with exterior characteristics that satisfy the one or more specified exterior characteristics based on the comparing ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor).
Regarding claim 26, Raap teaches the fenestration automated operating system of claim 25. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (408 is exterior sensors including solar sensors 408B as described in [0033]); and controlling the panel actuator (106) to move the fenestration panel (104 or 122) includes controlling the panel actuator (106) to move the fenestration panel (104 or 122) to communicate the exterior characteristics of an exterior environment with an interior environment, the exterior characteristics different than the specified room temperature ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor).
Regarding claim 27, Raap teaches the fenestration automated operating system of claim 25. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters include one or more of temperature (408A is a weather sensor as described in [0033]), humidity, wind speed, air quality, range of temperatures, range of humidity, range of wind speeds, or range of air quality.
Regarding claim 28, Raap teaches the fenestration automated operating system of claim 25. Raap further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (408 is exterior sensors including solar sensors 408B as described in [0033]).
Regarding claim 29, Raap teaches the fenestration automated operating system of claim 25. Raap further teaches wherein generating the control instructions includes generating control instructions that operate the panel actuator (106) to open the fenestration panel ([0030] describes utilizing data from interior and exterior sensors to control the panel actuator by analyzing the input from the sensors and send output to the control the drive motor, controlling the drive motor).
Regarding claim 30, Raap teaches the fenestration automated operating system of claim 21. Raap further teaches wherein controlling the panel actuator according to the control instructions includes creating an exterior comfortable environment within an interior environment through one or more of the open position or intermediate open positions (as window moves between open and closed positions it also moves through intermediate open positions) of the fenestration panel (104 or 122), wherein the exterior comfortable environment is different than a room temperature environment (by controlling the window by a sensed condition of the internal sensors 414 or external sensors 408, the fenestration automated operating system can control the panel movement to create as desired).
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 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raap (US. 2016/0047158) in view of Hall (U.S. 11,066,865), herein after referred to as Hall '865.
Regarding claim 8, Raap teaches the fenestration automated operating system of claim 3. Raap further teaches wherein comparing the exterior characteristics with the one or more specified exterior characteristics of the comfort parameters includes determining one or more deviations relative to the one or more specified exterior characteristics (as performed by the window management system 402 where the input from exterior sensors 408 is analyzed [0030]); and generating the control instructions with exterior characteristics that satisfy the one or more specified exterior characteristics includes generating control instructions according to the one or more deviations that open or close the fenestration panel (as performed by the window management system 402 where the input from exterior sensors 408 is analyzed [0030] and output sent to the panel actuator based on the input from the sensors).
While Raap teaches sensors being analyzed to control the opening and closing of the fenestration panel, Raap is silent as to the fenestration panel being controlled in a graduated manner.
Hall ‘865 teaches a similar fenestration automated operating system that includes control instructions to graduate the opening or closing of the fenestration panel (column 4 lines 48-50 describe the user can designate the panel to open halfway in response to a sensed condition).
Raap and Hall ‘865 are considered to be analogous to the claimed invention because they are in the same field of fenestration automated operating systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Raap to incorporate the teachings of Hall ‘865 and provide a fenestration automated operating system where the fenestration panel can be graduated while opening or closing. Doing so would allow for incremental opening or closing of the fenestration panel to best create the desired interior space for the comfort of the user. Further, graduated opening or closing of the fenestration panel could reduce energy costs by the automated fenestration panel potentially making frequent incremental adjustments instead of large opening and closing adjustments of the assembly.
Regarding claim 13, Raap teaches the method of claim 12. Raap further teaches wherein comparing the exterior characteristics with the one or more specified exterior characteristics of the comfort parameters includes determining one or more deviations relative to the one or more specified exterior characteristics (as performed by the window management system 402 where the input from exterior sensors 408 is analyzed [0030]); and generating the control instructions with exterior characteristics that satisfy the one or more specified exterior characteristics includes generating control instructions according to the one or more deviations that open or close the fenestration panel (as performed by the window management system 402 where the input from exterior sensors 408 is analyzed [0030] and output sent to the panel actuator based on the input from the sensors).
While Raap teaches sensors being analyzed to control the opening and closing of the fenestration panel, Raap is silent as to the fenestration panel being controlled in a graduated manner.
Hall ‘865 teaches a similar fenestration automated operating system that includes control instructions to graduate the opening or closing of the fenestration panel (column 4 lines 48-50 describe the user can designate the panel to open halfway in response to a sensed condition).
Raap and Hall ‘865 are considered to be analogous to the claimed invention because they are in the same field of fenestration automated operating systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Raap to incorporate the teachings of Hall ‘865 and provide a fenestration automated operating system where the fenestration panel can be graduated while opening or closing. Doing so would allow for incremental opening or closing of the fenestration panel to best create the desired interior space for the comfort of the user. Further, graduated opening or closing of the fenestration panel could reduce energy costs by the automated fenestration panel potentially making frequent incremental adjustments instead of large opening and closing adjustments of the assembly.
Allowable Subject Matter
Claim 24 is 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.
The closest prior art is Raap (US. 2016/0047158) and Hall (U.S. 11,066,865). Raap and Hall both teach automated fenestration operating systems with interior and exterior sensors to be analyzed to control a panel actuator to achieve a desired comfort setting, Raap further teaches decoupling the panel actuator to permit manual movement of the fenestration panel. However, Raap does not teach the decoupled panel actuator being slidable along the fenestration panel when decoupled. Raap teaches a stationary panel actuator where the drive system between the actuator and the fenestration panel is decoupled for manual movement, however the panel actuator does not move from its position. Hall teaches a panel actuator that would be slidable along the fenestration panel; however, the panel actuator of Hall is not located within the fenestration frame profile as is required by claim 21 from which claim 24 depends upon. One could interpret “fenestration frame” as the individual frame for the movable panel, however, the panel actuator would not be coupled between the fenestration frame and the fenestration panel, as also required by claim 21 from which claim 24 depends upon. One of ordinary skill in the art would not consider rearranging the elements of the prior art to arrive at the claimed invention as it would fundamentally alter the function of the assembly. There is no teaching, suggestion, or motivation to modify the prior art of record to arrive at the claimed invention, absent hindsight reasoning. Accordingly, the claimed invention overcomes the prior art of record.
Response to Arguments
Applicant's arguments filed 8/19/2026 have been fully considered but they are not persuasive. Applicant has amended independent claims 2, 11, and 21 to incorporate the limitations "the fenestration frame includes a fenestration frame profile" and "wherein the panel actuator is located within the fenestration frame profile". The amendment prompted a further prior art search which discovered the art of Raap. Raap teaches a fenestration automated operating system with interior and exterior sensors which are in communication with a controller to analyze data from the sensors and control the panel actuator to achieve a desired comfort level for the user. The panel actuator of Raap is located within the fenestration frame profile as required by the amended claims. As applicant's arguments are directed to the previously applied prior art, they are moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan M Heschel whose telephone number is (571)272-6621. The examiner can normally be reached Monday-Friday 8:00 am-4:00 pm.
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/SUSAN M. HESCHEL/ Examiner, Art Unit 3637
