Prosecution Insights
Last updated: May 29, 2026
Application No. 18/913,516

FENESTRATION AUTOMATED OPERATING SYSTEM AND METHODS FOR SAME

Final Rejection §103
Filed
Oct 11, 2024
Priority
Feb 10, 2022 — provisional 63/267,835 +1 more
Examiner
HESCHEL, SUSAN MARIE
Art Unit
3637
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Marvin Lumber And Cedar Company Llcd/B/A Marvin Windows And Doors
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
107 granted / 138 resolved
+25.5% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
21 currently pending
Career history
162
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
82.8%
+42.8% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 138 resolved cases

Office Action

§103
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 . Amendments to claims 2, 11, and 21, filed 17 February 2026 have been entered into the above-identified application. Claim 1 remains canceled. Claims 2-30 are currently pending. 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) 2-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (U.S. 11,066,865), herein after referred to as Hall '865 in view of Hall (U.S. 2019/0309561), herein after referred to as Hall '561. Regarding claim 2, Hall ‘865 teaches a fenestration automated operating system comprising: at least one fenestration assembly (1), the at least one fenestration assembly (1) includes: a fenestration frame (12); a fenestration panel (2) movably coupled with the fenestration frame (12) and configured to move between open and closed positions and intermediate open positions therebetween (fig 1 shows a closed window, fig 3 shows an opened window, column 9 lines 18-23 describes intermediate positions); a panel operating assembly (14) coupled with one or both of the fenestration frame or the fenestration panel (see fig 1), the panel operating assembly (14) includes: a panel actuator (motor assembly 14 comprises a motor and gear assembly) coupled between the fenestration frame (12) and the fenestration panel (2, see fig 1); one or more fenestration sensors (6 or 7) configured to monitor one or more of interior characteristics (7 is an interior sensor for air pressure and temperature, could also include a smoke detector or carbon monoxide sensor, etc. column 11 lines 1-16) or exterior characteristics (6 is an external sensor for air pressure, temperature, and moisture column 9 lines 3-4) relative to the at least one fenestration assembly (1); and one or more processors including a fenestration controller (described in column 1, lines 50-63), the one or more processors in communication with the panel actuator (14) and the one or more fenestration sensors (6 or 7), the fenestration controller configured to: store one or more ventilation prescriptions (such as acceptable temperature, or smoke level or carbon monoxide level, etc.); generate control instructions for the panel actuator (14) based on the one or more ventilation prescriptions and one or more of the interior characteristics or the exterior characteristics (from sensors 6 or 7); and control the panel actuator (14) according to the control instructions to move the fenestration panel (described in column 1, lines 50-63). While Hall ‘865 teaches in column 10 lines 42-47 a security sensor to detect opening and/or closing of a window or door, which would include unpowered movement, it is silent as to relaying the information from the security sensor to the control instructions for the panel actuator. Hall ‘561 teaches a similar fenestration automated operating system that utilizes an unpowered movement sensor in the form of a proximity sensor (1520 described in [0240]) in communication with the fenestration controller (as described in [0095]), the unpowered movement sensor configured to detect an unpowered movement of the fenestration panel (1520 is a proximity sensor and would detect unpowered movement of the fenestration panel). Hall ‘561 further teaches the detection of the unpowered movement via proximity sensor 1520 relayed to the controller ([0095]). Hall ’865 and Hall ‘561 are considered to be analogous to the claimed invention because they are in the same field of automated fenestration operating assemblies. 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 Hall ‘865 to incorporate the teachings of Hall ‘561 and provide an unpowered movement sensor in communication with the fenestration controller. Doing so would enhance the security of the automated fenestration assembly by detecting a security event, such as a break-in or unexpected opening of the fenestration assembly, and relay the information to the controller so the controller can respond accordingly. Regarding claim 3, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 2. Hall ‘865 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 (including air pressure, temperature, and moisture column 9 lines 3-4); and generating control instructions includes: comparing the exterior characteristics monitored with the one or more fenestration sensors (6 is external sensor) 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 (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters). Regarding claim 4, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 3. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (external sensor 6 can measure air pressure and moisture column 9 lines 3-4); and controlling the panel actuator to move the fenestration panel includes controlling the panel actuator (14) to move the fenestration panel (2) to communicate the exterior characteristics of an exterior environment with an interior environment, the exterior characteristics different than the specified room temperature (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters). Regarding claim 5, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 3. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters include one or more of temperature (external sensor 6 can measure several things including air pressure, temperature, and moisture, column 9 lines 3-4), humidity, wind speed, air quality, range of temperatures, range of humidity, range of wind speeds, or range of air quality. Regarding claim 6, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 3. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (external sensor 6 can measure air pressure and moisture column 9 lines 3-4). Regarding claim 7, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 3. Hall ‘865 further teaches wherein generating the control instructions includes generating control instructions that operate the panel actuator to open the fenestration panel (as described in column 9, lines 32-36, the panel opens or closes after comparing the sensor input to the programmed parameters). Regarding claim 8, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 3. Hall ‘865 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 (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters); and generating the control instructions with exterior characteristics that satisfy the one or more specified exterior characteristics includes generating graduated control instructions according to the one or more deviations that graduate 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). Regarding claim 9, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 2. Hall ‘865 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 of the fenestration panel, wherein the exterior comfortable environment is different than a room temperature environment (by controlling the window by a sensed condition of the internal sensor 7 or external sensor 6, the fenestration automated operating system can control the panel movement to create an environment inside that is similar to the outside environment). Regarding claim 10, the combination of Hall ‘865 and Hall ’561 teaches the fenestration automated operating system of claim 2. Hall ‘865 further teaches wherein the one or more fenestration sensors (6 or 7) include temperature (both 6 and 7 can be temperature sensors column 11 lines 1-16 and column 9 lines 3-4), moisture, pressure, wind speed, wind direction, ambient light, or natural light sensors. Regarding claim 11, Hall ‘865 teaches a method for operating an automated fenestration assembly (1) comprising: receiving one or more of interior characteristics (7 is an interior sensor for air pressure and temperature, could also include a smoke detector or carbon monoxide sensor, etc. column 11 lines 1-16) or exterior characteristics (6 is an external sensor for air pressure, temperature, and moisture column 9 lines 3-4) relative to the automated fenestration assembly (1); comparing one or more of the interior or exterior characteristics with one or more ventilation prescriptions (such as acceptable temperature, or smoke level or carbon monoxide level, etc.); generating control instructions for the automated fenestration assembly (1) according to the comparison (described in column 1, lines 50-63); and operating the automated fenestration assembly (1) with the generated control instructions, operating includes: receiving control instructions at a panel actuator (14) of the automated fenestration assembly (1); and actuating a fenestration panel (2) of the automated fenestration (2) assembly according to the control instructions (as described above). While Hall ‘865 teaches in column 10 lines 42-47 a security sensor to detect opening and/or closing of a window or door, which would include unpowered movement, it is silent as to relaying the information from the security sensor to the control instructions for the panel actuator. Hall ‘561 teaches a similar fenestration automated operating system that utilizes an unpowered movement sensor in the form of a proximity sensor (1520 described in [0240]) in communication with the fenestration controller (as described in [0095]), the unpowered movement sensor configured to detect an unpowered movement of the fenestration panel (1520 is a proximity sensor and would detect unpowered movement of the fenestration panel). Hall ‘561 further teaches the detection of the unpowered movement via proximity sensor 1520 relayed to the controller ([0095]). Hall ’865 and Hall ‘561 are considered to be analogous to the claimed invention because they are in the same field of automated fenestration operating assemblies. 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 Hall ‘865 to incorporate the teachings of Hall ‘561 and provide an unpowered movement sensor in communication with the fenestration controller. Doing so would enhance the security of the automated fenestration assembly by detecting a security event, such as a break-in or unexpected opening of the fenestration assembly, and relay the information to the controller so the controller can respond accordingly. Regarding claim 12, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 11. Hall ‘865 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 (including air pressure, temperature, and moisture column 9 lines 3-4); and generating the control instructions for the automated fenestration assembly includes: comparing the exterior characteristics with the one or more specified exterior characteristics of the comfort parameters (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters); and generating the control instructions according to the comparison (as described in column 9, lines 32-36, the panel opens or closes after comparing the sensor input to the programmed parameters). Regarding claim 13, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 12. Hall ‘865 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 (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters); and generating the control instructions according to the comparison includes generating graduated control instructions according to the one or more deviations that graduate 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). Regarding claim 14, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 12. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters include one or more of temperature (external sensor 6 can measure several things including air pressure, temperature, and moisture, column 9 lines 3-4), humidity, wind speed, air quality, range of temperatures, range of humidity, range of wind speeds, or range of air quality. Regarding claim 15, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 12. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (external sensor 6 can measure air pressure and moisture column 9 lines 3-4); and actuating the fenestration panel (2) of the automated fenestration assembly (1) according to the control instructions includes actuating the fenestration panel to communicate the exterior characteristics of an exterior environment with an interior environment, the exterior characteristics different than the specified room temperature (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters including air pressure and moisture). Regarding claim 16, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 12. Hall ‘865 further teaches wherein actuating the fenestration panel (2) of the automated fenestration assembly (1) 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 sensor 7 or external sensor 6, the fenestration automated operating system can control the panel movement to create an environment inside that is similar to the outside environment). Regarding claim 17, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 12. Hall ‘865 further teaches comprising monitoring one or more of the interior or exterior characteristics with one or more fenestration sensors (6 or 7) including one or more of temperature (both 6 and 7 can be temperature sensors column 11 lines 1-16 and column 9 lines 3-4), moisture, pressure, wind speed, wind direction, ambient light, or natural light sensors. Regarding claim 18, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 11. Hall ‘865 further teaches wherein the automated fenestration assembly includes a plurality of automated fenestration assemblies (3, as seen in fig 1); and operating the automated fenestration assembly with the generated control instructions includes operating the plurality of automated fenestration assemblies according to the control instructions (as described in column 9, lines 12-23). Regarding claim 19, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 18. Hall ‘865 further teaches wherein operating the plurality of automated fenestration assemblies (1, including windows 2 and 3) according to the control instructions includes coordinating operating the plurality of automated fenestration assemblies (as described in column 9, lines 12-23). Regarding claim 20, the combination of Hall ‘865 and Hall ’561 teaches the method of claim 11. Hall ‘865 further teaches wherein actuating the fenestration panel (2) of the automated fenestration assembly (1) according to the control instructions includes actuating the fenestration panel between open and closed positions and positions therebetween (fig 1 shows a closed window, fig 3 shows an opened window, column 9 lines 18-23 describes intermediate positions). Claim(s) 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (U.S. 11,066,865), herein after referred to as Hall '865 in view of Hall (U.S. 2019/0309561), herein after referred to as Hall '561, and Yuhas (U.S. 5,006,766). Regarding claim 21, Hall ‘865 teaches a fenestration automated operating system comprising: at least one fenestration assembly (1), the at least one fenestration assembly (1) includes: a fenestration frame (12); a fenestration panel (2) movably coupled with the fenestration frame (12) and configured to move between open and closed positions and intermediate open positions therebetween (fig 1 shows a closed window, fig 3 shows an opened window, column 9 lines 18-23 describes intermediate positions); a panel operating assembly (14) coupled with one or both of the fenestration frame or the fenestration panel (see fig 1), the panel operating assembly (14) includes: a panel actuator (motor assembly 14 comprises a motor and gear assembly) coupled between the fenestration frame (12) and the fenestration panel (2, see fig 1); and wherein the panel operating assembly (14) is configured to automatically operate the panel actuator and move the fenestration panel (2) between the open and closed positions and the intermediate positions (as described above); one or more fenestration sensors (6 or 7) configured to monitor one or more of interior characteristics (7 is an interior sensor for air pressure and temperature, could also include a smoke detector or carbon monoxide sensor, etc. column 11 lines 1-16) or exterior characteristics (6 is an external sensor for air pressure, temperature, and moisture column 9 lines 3-4) relative to the at least one fenestration assembly (1); and one or more processors including a fenestration controller (described in column 1, lines 50-63), the one or more processors in communication with the panel actuator (14) and the one or more fenestration sensors (6 or 7), the fenestration controller configured to: store one or more ventilation prescriptions (such as acceptable temperature, or smoke level or carbon monoxide level, etc.); generate control instructions for the panel actuator (14) based on the one or more ventilation prescriptions and one or more of the interior characteristics or the exterior characteristics (from sensors 6 or 7); and control the panel actuator (14) according to the control instructions to move the fenestration panel (described in column 1, lines 50-63). While Hall ‘865 teaches in column 10 lines 42-47 a security sensor to detect opening and/or closing of a window or door, which would include unpowered movement, it is silent as to relaying the information from the security sensor to the control instructions for the panel actuator. Hall ‘561 teaches a similar fenestration automated operating system that utilizes an unpowered movement sensor in the form of a proximity sensor (1520 described in [0240]) in communication with the fenestration controller (as described in [0095]), the unpowered movement sensor configured to detect an unpowered movement of the fenestration panel (1520 is a proximity sensor and would detect unpowered movement of the fenestration panel). Hall ‘561 further teaches the detection of the unpowered movement via proximity sensor 1520 relayed to the controller ([0095]). Hall ’865 and Hall ‘561 are considered to be analogous to the claimed invention because they are in the same field of automated fenestration operating assemblies. 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 Hall ‘865 to incorporate the teachings of Hall ‘561 and provide an unpowered movement sensor in communication with the fenestration controller. Doing so would enhance the security of the automated fenestration assembly by detecting a security event, such as a break-in or unexpected opening of the fenestration assembly, and relay the information to the controller so the controller can respond accordingly. Hall ‘865 teaches a manual mode in column 10, lines 10-32 that permits manual movement of the fenestration panel (2), but does not teach the manual mode does not utilize the panel actuator. Yuhas teaches a similar fenestration automated operating system where the system can be used in manual mode without operation of the panel actuator (column 6, lines 48-53). Hall ‘865, Hall ‘561, and Yuhas are considered to be analogous to the claimed invention because they are in the same field of automated fenestration operating assemblies. 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 the combination of Hall ‘865 and Hall ‘561 to incorporate the teachings of Yuhas and provide a way of utilizing the fenestration operating assembly in a manual mode that does not require the use of the panel actuator. Doing so would allow the fenestration panel to move when not connected to power, which is for routine power outages as well as emergencies where the user may need to egress through the fenestration assembly and power is not available. Regarding claim 22, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 21. Hall ‘865 and Yuhas further teach wherein the panel actuator (14 Hall ‘865) is configured to decouple (by cutting off electrical power between the actuator and the panel, column 6, lines 48-53 as taught by Yuhas) from one or both of the fenestration panel (2 Hall ‘865) or the fenestration frame to permit manual movement the fenestration panel (as described above by the combination of Hall ‘865 and Yuhas). Regarding claim 23, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 21. Hall ‘865 and Yuhas further teach wherein the panel actuator (14 Hall ‘865) is configured to decouple (by cutting off electrical power between the actuator and the panel, column 6, lines 48-53 as taught by Yuhas) from the fenestration panel (2 Hall ‘865) to permit manual movement the fenestration panel (as described above by the combination of Hall ‘865 and Yuhas). Regarding claim 24, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 23. Hall ‘865 and Yuhas further teach wherein the panel actuator (14 Hall ‘865) is configured to decouple (by cutting off electrical power between the actuator and the panel, column 6, lines 48-53 as taught by Yuhas) from the fenestration panel (2 Hall ‘865) and is slidable along the fenestration panel (2 Hall ‘865) while decoupled (14 is slidable along rack 5 of fenestration panel 2, see fig 1 of Hall ‘865). Regarding claim 25, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 21. Hall ‘865 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 (including air pressure, temperature, and moisture column 9 lines 3-4); and generating control instructions includes: comparing the exterior characteristics monitored with the one or more fenestration sensors (6 is external sensor) 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 (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters). Regarding claim 26, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 25. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (external sensor 6 can measure air pressure and moisture column 9 lines 3-4); and controlling the panel actuator to move the fenestration panel includes controlling the panel actuator (14) to move the fenestration panel (2) to communicate the exterior characteristics of an exterior environment with an interior environment, the exterior characteristics different than the specified room temperature (column 9, lines 32-36 describes user programmed preferences that determine when a window where to open or close based on comparing the sensor input to the programmed parameters). Regarding claim 27, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 25. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters include one or more of temperature (external sensor 6 can measure several things including air pressure, temperature, and moisture, column 9 lines 3-4), humidity, wind speed, air quality, range of temperatures, range of humidity, range of wind speeds, or range of air quality. Regarding claim 28, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 25. Hall ‘865 further teaches wherein the one or more specified exterior characteristics of the comfort parameters are different than a specified room temperature (external sensor 6 can measure air pressure and moisture column 9 lines 3-4). Regarding claim 29, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 25. Hall ‘865 further teaches wherein generating the control instructions includes generating control instructions that operate the panel actuator to open the fenestration panel (as described in column 9, lines 32-36, the panel opens or closes after comparing the sensor input to the programmed parameters). Regarding claim 30, the combination of Hall ‘865, Hall ‘561, and Yuhas teaches the fenestration automated operating system of claim 21. Hall ‘865 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 of the fenestration panel, wherein the exterior comfortable environment is different than a room temperature environment (by controlling the window by a sensed condition of the internal sensor 7 or external sensor 6, the fenestration automated operating system can control the panel movement to create an environment inside that is similar to the outside environment). Response to Arguments Applicant's arguments filed 17 February 2026 have been fully considered but they are not persuasive. Applicant argues that the prior art of Hall '865 and the prior art combination of Hall '865 and Yuhas does not teach a sensor for detecting unpowered movement of the fenestration panel and further does not teach generating control instructions based on the feedback from the unpowered movement sensor. However, Hall '865 in column 10 lines 42-47, does teach a security sensor to detect opening and/or closing of a window or door, which would include unpowered movement. Hall ’865, however, is silent as to relaying the information from this sensor to the controller. Applicant’s claim amendments prompted a further prior art search which discovered the art of Hall ‘561. Similar to Hall ‘865, Hall ‘561 teaches an automated fenestration operating system with security sensor for detecting movement of the panel assembly, but Hall ‘561 further teaches relaying the information from the security sensor to the controller, as described above. In this way, not only can a user be notified of movement of the fenestration assembly, but the automated fenestration operating system can also take action in response to the movement, if needed. The combination then of Hall ‘865, Hall ‘561, and Yuhas teaches all claims as amended by the applicant. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571)270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SUSAN M. HESCHEL/Examiner, Art Unit 3637 /Muhammad Ijaz/Primary Examiner, Art Unit 3631
Read full office action

Prosecution Timeline

Oct 11, 2024
Application Filed
Oct 17, 2025
Non-Final Rejection mailed — §103
Dec 16, 2025
Examiner Interview Summary
Feb 17, 2026
Response Filed
May 19, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+19.2%)
1y 11m (~4m remaining)
Median Time to Grant
Moderate
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