DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 11/12/2024.
Claims 1-20 are currently pending and have been examined below.
Drawings
The drawings are objected to because:
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The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1 - “a release mechanism mounted to one of the first…restrictor arms”. This objection is set forth because the drawings only show the release mechanism 160 mounted to the second restrictor arm. Furthermore, par. 104 explicitly discloses that this configuration is not shown.
Claim 18 - “a release mechanism of one of the first and second connectors” and “an open lateral side of a locking aperture of a corresponding one of the first and second connectors”. This objection is similar to the objection in claim 1 above. Note that claim 19 also recites limitations where the release mechanism is part of the first arm restrictor. Claim 19 is also objected as such.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2, 10, 13, and 16 are objected to because of the following informalities:
In line 4 of claim 2, “inbetween” should read --in between--.
In line 3 of claim 10, “the sliding member” should be amended to read --a sliding member-- or amend claim 10 to depend from claim 9.
In line 4 of claim 13, “to receive second elongated arm” should read --to receive the second elongated arm--.
In line 4 of claim 16, “a window opening control device of claim 1” should read --the window opening control device of claim 1--.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nguyen et al. (US 8813424) (hereinafter “Nguyen”).
Claim 1
(Nguyen discloses) A window opening control device (embodiment shown in figures 7-10), comprising:
a first restrictor arm (186) having a proximal end (end at 200; figure 8) pivotably securable to one of a window frame and a window sash (sash shown in figures 9-10) and including a first connector (198);
a second restrictor arm (190) having a proximal end (end at 214) pivotably securable to the other one of the window frame (frame shown in figures 9-10) and the window sash and including second connector (slot of 208; figure 7) couplable with the first connector (figures 8 and 10), the first and the second restrictor arms being configurable in a compacted configuration (configuration of the restrictor arms when the sash is closed) wherein they are superposed to one another and an extended configuration (figure 10) wherein they are connected by the first and second connectors being coupled together to limit a pivotal travel of the window sash with respect to the window frame (figure 10); and
a release mechanism (206) mounted to one of the first and second restrictor arms (figures 7-10) and actionable to disengage the first and the second connectors (Excerpt 1 from col. 8 below and lines 46-51 of col. 13), the first and the second connectors being automatically coupled together in the compacted configuration (Excerpt 2 from col. 13 and lines 11-13 of the abstract discussing the coupler re-engages without user action when the sash is closed).
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Excerpt 1
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Excerpt 2
Claim 2
(Nguyen discloses) The window opening control device of claim 1, wherein the first connector is a male connector (see male connector 198), and the second connector is a female connector (slot of 208; figure 7) couplable with the male connector to provide a pivotable connector connection in between (figure 10).
Claim 3
(Nguyen discloses) The window opening control device of claim 1, wherein the first restrictor arm comprises a first mounting bracket (188) securable to the one of the window frame and the window sash (figure 9), and a first elongated arm (196) pivotally mounted to the first mounting bracket (lines 48-49 of col. 8), the first elongated arm having the first connector provided thereon (figures 7-8).
Claim 4
(Nguyen discloses) The window opening control device of claim 3, wherein the first restrictor arm comprises a resilient member (194) configured to pivotally bias the first elongated arm towards the one of the window frame and the window sash wherein the first elongated arm superposes the one of the window frame and the window sash (lines 49-52 of col. 8).
Claim 5
(Nguyen discloses) The window opening control device of claim 3, wherein the first restrictor arm comprises an abutment (Annotated figure 8 below) shaped to space-apart the first elongated arm from the one of the window frame and the window sash when the first elongated arm superposes the one of the window frame and the window sash (figures 9-10).
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Annotated figure 8
Claim 6
(Nguyen discloses) The window opening control device of claim 3, wherein the second restrictor arm comprises a second mounting bracket (192) securable to the other one of the window frame and the window sash, a second elongated arm (202) pivotally mounted to the second mounting bracket and having the second connector provided thereon (figure 7), and the release mechanism mounted to the second elongated arm (figures 7-8).
Claim 7
(Nguyen discloses) The window opening control device of claim 6, wherein the second arm restrictor comprises a resilient member (204) configured to pivotally bias the second elongated arm into a coupling angle wherein the second connector of the second arm restrictor is in a coupling alignment with the first connector of the first arm restrictor when the first and second arm restrictors are uncoupled (intended use; lines 1-3 of col. 9).
Claim 8
(Nguyen discloses) The window opening control device of claim 6, wherein at least one of the first and second mounting brackets is a corner bracket (figures 9-10) securable to a corner portion of the respective one of the window frame and the window sash to align the first and second restrictor arms when in the compacted configuration (figures 9-10).
Claim 9
(Nguyen discloses) The window opening control device of claim 6, wherein the release mechanism comprises a sliding member (Excerpt 1 above discusses the release mechanism is a slider member) movable between a release configuration and a locked configuration (Excerpt 2 above), and a biasing member (216) biasing the sliding member towards the locked configuration (Excerpt 2 above).
Claim 10
(Nguyen discloses) The window opening control device of claim 6, wherein the second connector is a locking aperture (figure 7) extending through the second elongated arm and being at least partially delimited by the sliding member when the sliding member is in the locked configuration (figure 10).
Claim 11
(Nguyen discloses) The window opening control device of claim 10, wherein the sliding member comprises a projection (222) extending along a periphery of the locking aperture when the sliding member is in the locked configuration to at least partially delimit the locking aperture (figure 10).
Claim 12
(Nguyen discloses) The window opening control device of claim 10, wherein the first connector is a locking member (figure 7) sized to be received within the locking aperture when the first and second connectors are coupled together (figure 10).
Claim 13
(Nguyen discloses) The window opening control device of claim 12, wherein the first connector
further comprises a head portion (Annotated figure 7 below) provided at a distal end of the locking member and spaced-apart from the first elongated arm to define a head gap (Annotated figure 8 above) sized to receive second elongated arm.
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Annotated figure 7
Claim 14
(Nguyen discloses) The window opening control device of claim 12, wherein the locking aperture defines a concave channel (220; figure 10) at a distal end thereof sized to receive the first connector therein when the first and second arm restrictors are tensioned in the extended configuration (figure 10).
Claim 15
(Nguyen discloses) The window control device of claim 6, wherein the second elongated arm comprises a pointed distal tip (tip of 208) sized for insertion between a gap formed between the first connector and the one of the window frame and the window sash when the first elongated arm is in a rest position (figure 10).
Claim 16
(Nguyen discloses) A window assembly (figures 7-10) comprising:
a window frame (frame shown in figures 9-10);
a window sash (sash shown in figures 9-10) pivotably mounted to the window frame; and
a window opening control device of claim 1 (see rejection in claim 1 above).
Claim 17
(Nguyen discloses) A method of restricting a window opening (figures 7-10), the method comprising:
securing a first arm restrictor (190) to a window frame (frame shown in figures 9-10), the first arm restrictor comprising a first connector (slot of 208) and being pivotally mounted to the window frame (via 214);
securing a second arm restrictor (186) to a window sash (sash in figures 9-10), the second arm restrictor comprising a second connector (198) and being pivotally mounted to the window sash (via 200);
pivotally biasing the first arm restrictor toward the window frame to superpose the window frame (via 204; lines 1-3 of col. 9; figures 9-10);
pivotally biasing the second arm restrictor to position the second connector of the second arm restrictor in a coupling alignment with the first connector of the first arm restrictor (via 194; lines 49-52 of col. 8; figures 9-10); and
pivoting the window sash in a closed configuration to automatically couple the first connector of the first arm restrictor with the second connector of the second arm restrictor and the first and second restrictor arms are superposed (Excerpt 2 above).
Claim 18
(Nguyen discloses) The method of claim 17, wherein coupling the first and second connectors comprises transitioning a release mechanism (206) of one of the first and second connectors from a locked configuration to a release configuration to expose an open lateral side of a locking aperture of a corresponding one of the first and second connectors (Excerpts 1 and 2 above).
Claim 19
(Nguyen discloses) The method of claim 18, wherein transitioning the release mechanism from the locked configuration to the release configuration comprises sliding a sliding member (Excerpts 1 and 2 above discusses 206 as a sliding member) along a longitudinal axis of the corresponding one of the first and second arm restrictors (Excerpts 1 and 2 above; Annotated figure 7 above).
Claim 20
(Nguyen discloses) The method of claim 17, further comprising pivoting the window sash outwardly until the displacement of the window sash is constrained by the coupling of the first and second arm restrictors (abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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