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 .
Election/Restrictions
Applicant’s election without traverse of Claims 27-30 in the reply filed on 10 July 2026 is acknowledged.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 27, 28 and 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 6,047,500 to Caplette.
Regarding claim 27, Caplette teaches in Figures 1 and 2, a window insert (16) [window protector (Column 3, Line 56)] configured to provide secondary protection (Column 1, Line 5) to an existing window (Column 1, Line 6), the window insert (16) comprising four spans [it goes around the frame of the existing window (Column 3, Line 55)], each span of the four spans including a substantially rigid framework (22) [mounting bracket (Column 3, Lines 57-58)], each substantially rigid framework (22) having: a datum (28) [body section (Column 3, Line 60)] that is substantially perpendicular to a transverse direction of the framework (22) and to a longitudinal direction of the framework (22), the transverse direction being substantially perpendicular to the longitudinal direction of the framework (22); a glazing flange (34) [second arm (Column 3, Line 61)] extending away from the datum (28) in the transverse direction of the framework (22), the glazing flange (34) configured to align a window panel (12) (Column 3, Line 55) to the framework (22); a cladding flange (32) [first arm (Column 3, Line 61)] extending away from the datum (28) in the transverse direction of the framework (22), the cladding flange (32) configured to align window cladding (44) [bead portion (Column 4, Line 8)] to the framework (22); in which a first span of the four spans is substantially perpendicular to a second span of the four spans; in which the second span is substantially perpendicular to a third span of the four spans; in which the third span is substantially perpendicular to a fourth span of the four spans; and in which the fourth span further is substantially perpendicular to the first span [as seen].
Regarding claim 28, Caplette teaches in Figures 1 and 2, an auxiliary gasket (24) [seal (Column 3, Line 58)] coupled to the cladding flange (32) and extending toward the glazing flange (34).
Regarding claim 30, Caplette teaches in Figures 1 and 2, a window panel (18) [window shield (Column 3, Line 57)] overlapping the glazing flange (34) of each span of the four spans of the window insert (16) and a cladding leg (24) [seal (Column 3, Line 58)] contacting the cladding flange (32) of each span of the four spans of the window insert (16), one cladding leg (24) per span, the cladding leg (24) securing the window panel (18) between the cladding leg (24) and the glazing flange (34).
Claim 27 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 8,966,839 to Rebman et al.
Regarding claim 27, Rebman teaches in Figures 1 and 2, a window insert (10) [window assembly (Column 2, Line 35)] configured to provide secondary protection [reduce the amount of heat lost to the environment (Column 1, Lines 21-24) to an existing window (Column 1, Line 19), the window insert (10) comprising four spans [top, bottom and side frame members (Column 2, Lines 57-58)], each span of the four spans including a substantially rigid framework (46, 50, 54 and 58) (Column 2, Line 58), each substantially rigid framework (46, 50, 54 and 58) having: a datum (78) [projection (Column 3, Line 35)] that is substantially perpendicular to a transverse direction of the framework (46, 50, 54 and 58) and to a longitudinal direction of the framework (46, 50, 54 and 58), the transverse direction being substantially perpendicular to the longitudinal direction of the framework (46, 50, 54 and 58); a glazing flange (70 right) extending away from the datum (78) in the transverse direction of the framework (46, 50, 54 and 58), the glazing flange (70 right) configured to align a window panel (18) [sash (Column 2, Line 40)] to the framework (46, 50, 54 and 58); a cladding flange (70 left) extending away from the datum (78) in the transverse direction of the framework (46, 50, 54 and 58), the cladding flange (70 left) configured to align window cladding (74) [outboard portion (Column 3, Line 34)] to the framework (46, 50, 54 and 58); in which a first span of the four spans is substantially perpendicular to a second span of the four spans; in which the second span is substantially perpendicular to a third span of the four spans; in which the third span is substantially perpendicular to a fourth span of the four spans; and in which the fourth span further is substantially perpendicular to the first span [as seen].
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 29 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 6,047,500 to Caplette in view of US Patent # 2,848,762 to Peterson.
Regarding claim 29, Caplette teaches a window insert with a glazing and cladding flanges but does not teach a panel gasket. However, Peterson teaches in Figure 1, a panel gasket (23) coupled to a glazing flange (21) extending toward a cladding flange (24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Caplette and Peterson and have a reasonable expectation of success because Peterson teaches the panel gasket supplies resilient support for the panel (Column 2, Lines 52-53).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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