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 species A (Figures 2a-6) in the reply filed on 3/9/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement filed 12/3/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. Applicant has not included the International search report or the foreign reference from Great Britain.
Drawings
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 “coupling members” (see 112a and 112b rejections below) from claim 1; “mounting bracket is retained with the carrier” of claim 1; the “polyhedron shaped head” of claim 5, foot 94 “extending from the front of the body”; must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8, 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, applicant claims two “coupling members”. There is no recitation of “coupling member” in the specification. Further, this phrase is a 112f claim which is not defined or even mentioned in the specification. Claim 1 requires the coupling member has “an upwardly projecting first distal end”, meaning that “coupling members” are assumed to be equivalent to the first and second “hooks” disclosed by applicant’s [0008] and [0011]. Applicant’s use of 112f terms is improperly broader than applicant’s own disclosure, and the claim language does not have antecedent basis in the specification. Should applicant contend that “coupling members” are equivalent to “hooks”, applicant is then directed to claim the term “hook”. Should applicant contend that “hooks” and “coupling members” are different in scope, there is no definition of the “coupling members” and therefore should not claim this phrase.
Regarding claim 7, applicant claims “front foot surface”, which is not in the specification. The record is not clear if there is an alternative name in the specification. If applicant intends “side edges” 112, 114 from [0083], the record does not equate these terms.
Dependent claims inherit the same issues from parent claims and do not resolve any indefinite issues.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8, 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, applicant claims two “coupling members”. There is no recitation of “coupling member” in the specification. Further, this phrase is a 112f claim which is not defined or even mentioned in the specification. Claim 1 requires the coupling member has “an upwardly projecting first distal end”, meaning that “coupling members” are assumed to be equivalent to the first and second “hooks” disclosed by applicant’s [0008] and [0011]. Applicant’s use of 112f terms is improperly broader than applicant’s own disclosure, and the claim language does not have antecedent basis in the specification. Should applicant contend that “coupling members” are equivalent to “hooks”, applicant is then directed to claim the term “hook”. Should applicant contend that “hooks” and “coupling members” are different in scope, there is no definition of the “coupling members” and therefore should not claim this phrase.
Regarding claim 7, applicant claims “front foot surface”, which is not in the specification. The record is not clear if there is an alternative name in the specification. If applicant intends “side edges” 112, 114 from [0083], the record does not equate these terms.
Dependent claims inherit the same issues from parent claims and do not resolve any indefinite issues.
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(s) 1-8, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over 8561260 Baker in view of 5353548 Westfall.
Regarding claim 1, Baker discloses a window balance configured to be disposed in a jamb of a hung window assembly (as shown in figures 1 and 6) and configured to connect to a moveable sash of the hung window assembly (as shown in figure 7), the window balance comprising:
a carrier 40 comprising an upper end, a lower end and a housing, the housing comprising a first housing portion and a second housing portion which together define an interior space (left and right of the curl spring 42, figure 3), and a receiver 50 disposed near the lower end of the carrier 40 and configured to receive a pivot bar of the moveable sash of the hung window assembly (in the manner shown in figure 1); and
a constant force curl spring 42 comprising a curled portion 45 within the interior space of the housing of the carrier and an uncurled end portion 47 extending from the curled portion outside of the interior space of the housing of the carrier; and
a mounting bracket 44 comprising a body having a first surface, a second surface, a top, a bottom, a front, a rear, and an opening 111 through the body configured to receive a fastener 114 for attaching the mounting bracket to a wall of the jamb (as shown in figure 6);
a first coupling member (assumed to be identical to “hook” 100) extending from the front of the body at a non- perpendicular angle (figure 3) and comprising an upwardly projecting first distal end, the first distal end configured to selectively engage the uncurled end portion of the curl spring (as shown in figure 2);
wherein in an uninstalled, assembled configuration of the window balance, the mounting bracket is retained with the carrier (figures 2 and 4).
Baker does not disclose a second hook engaging the end portion of the curl spring in the embodiment of figures 2-10. Baker does disclose other embodiments of brackets shown in figure 12, which utilizes two “latch members” 406/408, each latch member engaging one of two holes 410/412 of the distal end of the curl spring. The upper latch member is an upwardly facing hook 406, and the lower latch member 408 is not clear with its structure.
Westfall discloses a window balance which has a carrier 30 with a constant force curl spring extending from the carrier and engaging the bracket 70, the bracket 70 has a through hole 76 to accept a fastener to join the bracket to a well of the jamb, the bracket having two coupling members 72/73, the upper/first coupling member 72 extending from the body comprising an upwardly projecting first distal end (figure 20), the first distal end configured to engage the uncurled portion of the curl spring 11; and
A second coupling member 73 extending from the same side of the body at a generally perpendicular angle (figure 20), and comprising a downwardly projecting second distal end (the distal surface projects “downwardly” in that it is parallel to the ends of the curl springs), the second distal end configured to engage the uncurled end of the curl springs (as shown in figures 20 and 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply a second hook/coupling member as taught on window balance brackets which attach to a curl spring in Westfall, onto the window balance brackets which attach to a curl spring of Baker. Examiner contends that Baker teaches that the second attachment mechanism for the second existing hole of the curl spring of Baker is old and well known in the art taught by the other embodiments of Baker, and as taught by Westfall. Examiner notes that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI) (b).
Regarding claim 2, Baker as modified discloses the window balance assembly of claim 1 wherein the first coupling member/hook (100 of Baker) comprises a first inside surface; wherein the second coupling member (73 of Westfall as suggested by Baker’s other embodiments) comprises a second inside surface (between 72 and 73 in Westfall); wherein the uncurled end portion comprises a first aperture comprising a first inside edge and a second aperture comprising a second inside edge (as shown in both figure 3 of Baker, figure 12 of Baker, and figure 21 of Westfall); wherein in the uninstalled, assembled configuration of the window balance, the first distal end of the first coupling member extends through the first aperture and the second distal end of the second coupling member extends through the second aperture (as taught in figure 12 of Baker and figure 21 and Westfall).
Regarding claims 3 and 4, Baker as modified discloses the window balance assembly of claim 2 wherein the first inside surface (of the upper hook/coupling member) engages the first inside edge of the first aperture (as taught in both Bakers and Westfall) and the second inside surface engages the second inside edge of the second aperture (as taught in figure 21 of Westfall).
Regarding claim 5, Baker as modified discloses the window balance assembly of claim 4, wherein the mounting bracket (44 of Baker figure 3) further comprises: a polyhedron-shaped head 109 extending from the front of the body; and a planar-shaped foot 108 extending from the front of the body.
Regarding claim 6, Baker as modified discloses the window balance assembly of claim 5, wherein the body (of the bracket 44) comprises a body thickness, the head 109 comprises a head width measured between a first side face and a second side face, and the foot 108 comprises a foot width measured between a first side edge and a second side edge; wherein the head 109 width is greater than the body thickness (as shown in figures 3 and 6 of Baker), the foot width is greater than the body thickness and the head width is substantially the same as the foot width (figure 5 of Baker).
Regarding claim 7, Baker as modified discloses the window balance assembly of claim 6, wherein the foot 108 comprises a front foot surface oriented perpendicular to the front of the body (as shown in figure 3); and wherein the second coupling member (as suggested in Baker and taught by Westfall) extends from the front foot surface (because this is where the second aperture of the curl spring of Baker lands when assembled, please see figure 4).
Regarding claim 8, Baker as modified discloses the window balance assembly of claim 7, wherein the mounting bracket (44 of Baker) further comprises: a first boss 111 protruding from the first surface of the body and surrounding the opening; and a second boss 111 protruding from the second surface of the body and surrounding the opening.
Regarding claim 21, Baker as modified discloses a window assembly (figure 1) comprising: a window frame comprising a first window jamb comprising a first jamb channel, a second window jamb comprising a second jamb channel, a first sash, a second sash, a first window balance and a second window balance (on left and right sides of the window panes, figure 1); wherein each of the first window balance and the second window balance is a window balance according to claim 1; wherein the first window balance is disposed in the first jamb channel and coupled to the window frame and a first side of the first sash and a second window balance is disposed in the second jamb channel and coupled to the window frame and a second side of the first sash.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677