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 .
Status of Claims
Claims 1-20 are pending and subject to examination in this Office action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted to date are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the Examiner.
Claim Rejections - 35 USC § 112
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Initially, the Examiner notes that “an exterior and interior glass pane” and “an additional exterior and interior glass pane” are recited, along with first and second fins for each interior pane. The use of such terminology is confusing, because many of the dependent claims simply refer to the exterior glass pane, the interior glass pane, and the first fin and the second fin. In this regard, for purposes of clarity, the Examiner suggests reciting:
“a first exterior glass pane and a first interior glass pane”; and
“a second exterior glass pane and a second interior glass pane”.
Regarding independent claim 1, the relative term “generally” is recited, which renders the claims indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this regard, the Examiner suggests deleting this relative term and replacing it with the word “substantially.”
Regarding claim 2, the relative term “generally” is recited, which renders the claims indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this regard, the Examiner suggests deleting this relative term and replacing it with the word “substantially.”
Regarding claims 3 and 5, the phrase “may be” is recited. Is this phrase intended to define a required or optional condition? Clarification is requested.
Regarding claim 3, the terms “the interior glass pane” and “the first and second fins” are recited. To which previously recited such structure are these terms referring?
Regarding claims 4 and 5, the term “the interior and exterior glass panes” are recited. To which previously recited such structure are these terms referring?
Regarding claim 6, the term “the first and second fins” are recited. To which previously recited such structure are these terms referring?
Regarding claim 7, the term “the length” is recited, which lacks proper antecedent basis.
Regarding independent claim 16, the relative term “generally” is recited twice, which renders the claims indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this regard, the Examiner suggests deleting this relative term and replacing it with the word “substantially.”
Regarding claim 19, the phrase “may be” is recited. Is this phrase intended to define a required or optional condition? Clarification is requested.
Regarding claim 19, the terms “the interior glass pane” and “the first and second fins” are recited. To which previously recited such structure are these terms referring?
Regarding claim 20, the terms “the interior and exterior glass panes” and “the first and second fins” are recited. To which previously recited such structure are these terms referring?
Accordingly, the pending claims will be interpreted as best understood.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2 and 11-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Lamberts (U.S. Patent No. 6,546,690 – cited by Applicant).
Regarding independent claim 1, Lamberts describes a glass fin wall system configured for attachment to a building structure (1, Fig. 1, 10-13 - see glass module 1 configured to be used in a glass fin wall system for attachment to a building structure; col 5, ln 51-57; col 7, ln 33 to col 8, ln 15; col 8, ln 16-24; col 8, ln 25-38; col 8, ln 39-49), comprising:
an exterior glass pane comprising a first end and a second end (15, Fig. 1 - see exterior glass pane 15 having a first/left end and a second/right end; col 5, ln 51-57, 'The second component is a pane 15 of glass'); and
an interior glass pane oriented parallel to the exterior glass pane ( 11, Fig. 1 - see interior glass pane 11 oriented parallel to the exterior glass pane 15; col 5, ln 51-57, 'The first component of the glass module 1 illustrated in FIG. 1 is a length 11 of glass U section with two flanges or sides 12 and 13 connected by a base or web 14'), comprising:
a central portion (14, Fig. l; col 5, ln 51-57, 'base or web 14');
a first end bent to create a first bend and a first fin (12, Fig. 1 - see first/left end bent to create a first bend and a first fin 12; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14'); and
a second end bent to create a second bend and second fin (13, Fig. 1 - see second/right end bent to create a second bend and a second fin 13; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14');
wherein each of the first and second fins each contain an interior and an exterior surface (Fig. 1 - see interior and exterior surfaces of fins 12/13), and wherein the first and second ends of the exterior glass pane align generally with the exterior surfaces of the first and second fins (Fig. 1 - see how the first/left and second/right ends of the exterior glass pane 15 align generally with the exterior surfaces of the first and second fins 12/13).
Regarding claim 2, further comprising:
an additional exterior glass pane comprising a first end and a second end (15, Fig. 1, 10-13 - see how a plurality of modules can be connected side-by-side to form a building wall, with the plurality of modules identical to each other, as shown by the left modules 6 in Fig. 13, with the additional exterior glass pane 15 being located directly adjacent to the exterior glass pane 15 and having a first/left end and a second/right end; col 5, ln 51-57, 'The second component is a pane 15 of glass'; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners'); and
an additional interior glass pane oriented parallel to the additional exterior glass pane (11, Fig. 1 – see additional interior glass pane 11 identical to the interior glass pane 11 and connected to the additional exterior glass pane 15, said additional interior glass pane 11 oriented parallel to the additional exterior glass pane 15; col 5, ln 51-57, 'The first component of the glass module 1 illustrated in FIG. 1 is a length 11 of glass U section with two flanges or sides 12 and 13 connected by a base or web 14'; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners'), comprising:
a first end bent to create a first bend and a first fin on the additional interior glass pane (12, Fig. 1 – see first/left end bent to create a first bend and a first fin 12 on the additional interior glass pane 11; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14'); and a second end bent to create second bend and a second fin on the additional interior glass pane (13, Fig. 1 - see second/right end bent to create a second bend and a second fin 13 on the additional interior glass pane 11; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14'); wherein each of the first and second fins on the additional interior glass pane each contain an interior and an exterior surface (Fig. 1 - see interior and exterior surfaces of fins 12/13), and wherein the first and second ends of the additional exterior glass pane align generally with the exterior surfaces of the first and second fins on the additional interior glass pane (Fig. 1 - see how the first/left and second/right ends of the additional exterior glass pane 15 align generally with the exterior surfaces of the first and second fins 12/13).
Regarding claim 11, wherein the first and second bends are at approximately 90 degrees (Fig. 1 - see how the first/left and second/right bends are at approximately 90 degrees).
Regarding claim 12, wherein the first and second fins on the interior glass pane and the additional interior glass pane each contain an upper aperture and a lower aperture, which are configured to attach the first and second fins on the interior glass pane and to the additional interior glass pane to a pair of upper anchors and lower anchors (106, Fig. 1, 10-13 - see how the first and second fins 12/ 13 on the interior glass pane 11 and additional interior glass pane 11 each contain upper and lower apertures 106, unillustrated in the drawings, said apertures configured to attach the fins on the interior glass pane and additional glass pane 11 to a pair of upper and lower anchors; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use).
Regarding claim 13, wherein each of the first and second fins on the interior glass pane and the additional interior glass pane are coupled to the pair of upper anchors and lower anchors by a pin assembly (Fig. 1, 10-13 - see how the fins 12/13 on the interior glass pane 11 and additional interior glass pane 11 are coupled to the pair of upper anchors and lower anchors using a pin assembly in the form of bolts; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use).
Regarding claim 14, wherein the upper and lower anchors are coupled to the building structure (Fig. 1, 10-13 - see how the upper and lower anchors are coupled to the building structure for securing the glass modules to the building structure; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use).
Regarding claim 15, wherein the pin assembly is received in the upper and lower apertures to couple the first and second fins on the interior glass pane and the additional interior glass pane to the pair of upper anchors and lower anchors to couple the glass fin wall system to the building structure (Fig. 1, 10-13 - see how the pin/bolt assembly is received in the upper and lower apertures 106 to couple the fins 12/13 on the interior glass pane 11 and additional glass pane 11 to the anchors to couple to the glass fin wall system to the building structure; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use).
Regarding independent claim 16, Lamberts describes a glass fin wall system configured for attachment to a building structure (1, Fig. 1, 10-13 - see glass module 1 configured to be used in a glass fin wall system for attachment to a building structure; col 5, ln 51-57; col 7, ln 33 to col 8, ln 15; col 8, ln 16-24; col 8, ln 25-38; col 8, ln 39-49), comprising:
an exterior glass pane comprising a first end and a second end (15, Fig. 1 - see exterior glass pane 15 having a first/left end and a second/right end; col 5, ln 51-57, 'The second component is a pane 15 of glass'); and
an interior glass pane oriented parallel to the exterior glass pane ( 11, Fig. 1 - see interior glass pane 11 oriented parallel to the exterior glass pane 15; col 5, ln 51-57, 'The first component of the glass module 1 illustrated in FIG. 1 is a length 11 of glass U section with two flanges or sides 12 and 13 connected by a base or web 14'), comprising:
a central portion (14, Fig. l; col 5, ln 51-57, 'base or web 14');
a first end bent to create a first bend and a first fin (12, Fig. 1 - see first/left end bent to create a first bend and a first fin 12; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14');
a second end bent to create a second bend and second fin (13, Fig. 1 - see second/right end bent to create a second bend and a second fin 13; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14');
wherein each of the first and second fins each contain an interior and an exterior surface (Fig. 1 - see interior and exterior surfaces of fins 12/13), and wherein the first and second ends of the exterior glass pane align generally with the exterior surfaces of the first and second fins (Fig. 1 - see how the first/left and second/right ends of the exterior glass pane 15 align generally with the exterior surfaces of the first and second fins 12/13);
an additional exterior glass pane comprising a first end and a second end (15, Fig. 1, 10-13 - see how a plurality of modules can be connected side-by-side to form a building wall, with the plurality of modules identical to each other, as shown by the left modules 6 in Fig. 13, with the additional exterior glass pane 15 being located directly adjacent to the exterior glass pane 15 and having a first/left end and a second/right end; col 5, ln 51-57, 'The second component is a pane 15 of glass'; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners'); and
an additional interior glass pane oriented parallel to the additional exterior glass pane (11, Fig. 1 – see additional interior glass pane 11 identical to the interior glass pane 11 and connected to the additional exterior glass pane 15, said additional interior glass pane 11 oriented parallel to the additional exterior glass pane 15; col 5, ln 51-57, 'The first component of the glass module 1 illustrated in FIG. 1 is a length 11 of glass U section with two flanges or sides 12 and 13 connected by a base or web 14'; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners'), comprising:
a first end bent to create a first bend and a first fin on the additional interior glass pane (12, Fig. 1 – see first/left end bent to create a first bend and a first fin 12 on the additional interior glass pane 11; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14'); and
a second end bent to create second bend and a second fin on the additional interior glass pane (13, Fig. 1 - see second/right end bent to create a second bend and a second fin 13 on the additional interior glass pane 11; col 5, ln 51-57, 'two flanges or sides 12 and 13 connected by a base or web 14');
wherein each of the first and second fins on the additional interior glass pane each contain an interior and an exterior surface (Fig. 1 - see interior and exterior surfaces of fins 12/13), and wherein the first and second ends of the additional exterior glass pane align generally with the exterior surfaces of the first and second fins on the additional interior glass pane (Fig. 1 - see how the first/left and second/right ends of the additional exterior glass pane 15 align generally with the exterior surfaces of the first and second fins 12/13).
Regarding claim 17, wherein the first and second fins on the interior glass pane and the additional interior glass pane each contain an upper aperture and a lower aperture, which are configured to attach the first and second fins on the interior glass pane and to the additional interior glass pane to a pair of upper anchors and lower anchors (106, Fig. 1, 10-13 - see how the first and second fins 12/ 13 on the interior glass pane 11 and additional interior glass pane 11 each contain upper and lower apertures 106, unillustrated in the drawings, said apertures configured to attach the fins on the interior glass pane and additional glass pane 11 to a pair of upper and lower anchors; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use).
Regarding claim 18, wherein each of the first and second fins on the interior glass pane and the additional interior glass pane are coupled to the pair of upper anchors and lower anchors by a pin assembly (Fig. 1, 10-13 - see how the fins 12/13 on the interior glass pane 11 and additional interior glass pane 11 are coupled to the pair of upper anchors and lower anchors using a pin assembly in the form of bolts; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use), and wherein the upper and lower anchors are coupled to the building structure (Fig. 1, 10-13 – see how the upper and lower anchors are coupled to the building structure for securing the glass modules to the building structure; col 8, ln 39-49, 'FIG. 12 is a perspective view of the length 3 illustrated in FIG. 11 and shows holes 106 for the accommodation of unillustrated fasteners in the form of bolts, screws, or expansion screws. The holes 106 in another, unillustrated, embodiment extend through the flanges 12 and 23 and 13 and 22 of the individual lengths. An entire wall, roof, or ceiling area can accordingly be constructed of glass modules using the aforesaid fasteners to secure it to adjacent areas. Such an area will accordingly consist entirely of glass along with any cement or laminating adhesive and wire reinforcement employed therein, with the exception of the fasteners')(Note: intended use).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 3-7, 19 and 20 are rejected under 35 U.S.C. 103 as unpatentable over Lamberts as applied above, and further in view of EP 0489189 (cited by Applicant).
Regarding claims 3 and 19, Lamberts does not appear to expressly describe wherein the exterior glass pane may be coupled to the interior glass pane by a pair of vertical spacers, which are located inwardly of the interior surface of the first and second fins. As evidenced by EP '189, it was old and well-known in the art to utilize a glass fin wall system (Fig. 1-3; col 2, ln 10-30) comprising: an exterior glass pane (101, Fig. 1-3; col 2, ln 10-30, 'said panel 1 comprises a first glass sheet 101 which, when the panel 1 is assembled on a building, is exposed to the exterior of the building as an element of the building facade'); and an interior glass pane (102, Fig. 1-3; col 2, ln 10-30, 'said panel 1 comprises ... a second glass sheet 102, constituting the inner glass sheet') comprising first and second fins (5, Fig. 1-3 - see fins 5 on either end of the interior glass pane 102; col 3, ln 1-10, 'With reference to Figure 2, numeral 5 is a frame element connected to, or forming part of the building frame (not shown). The said frame element 5 is provided with a C shaped channel profile 6, extending along its edges, in which the edge portions 104 of the panels 1 are accommodated, with the interposition of a resilient gasket member 7'); and further teaches wherein the exterior glass pane may be coupled to the interior glass pane by a pair of vertical spacers, which are located inwardly of the interior surface of the first and second fins (2, Fig. 1-3 - see vertical spacers comprising the vertical elements of frame 2 coupling the exterior glass pane 101 to the interior glass pane 102, said spacers located inwardly of the interior surface of the fins 5; col 2, ln 10-30, 'The sheets 101 and 102 are spaced apart by means of a suitable frame 2, so as to provide an air gap or chamber 103 between the two sheets 101 and 102. The frame 2 is preferably formed by tubular elements, as shown in the drawings, and most preferably said tubular elements are provided with through bores (not shown) putting them into communication with the chamber 103'). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection arrangement between the exterior and interior glass panes of Lambert’s system by employing the spacer arrangement as taught by EP '189 with a reasonable expectation of success because it would have improved the insulation effects of the glass fin wall system. Such combination of known prior art elements that merely yields predictable results would have been obvious to one skilled in the art. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 415-16.
Regarding claim 4, EP '189 describes wherein the spacers are oriented vertically and run from an upper edge to a lower edge of the interior and exterior glass panes (2, Fig. 1-3 - see vertical spacers comprising the vertical elements of frame 2 coupling the exterior glass pane 101 to the interior glass pane 102, said spacers oriented vertically along the vertical sides of the panes and running from an upper edge to a lower edge of the panes; col 2, ln 10-30, 'The sheets 101 and 102 are spaced apart by means of a suitable frame 2, so as to provide an air gap or chamber 103 between the two sheets 101 and 102. The frame 2 is preferably formed by tubular elements, as shown in the drawings, and most preferably said tubular elements are provided with through bores (not shown) putting them into communication with the chamber 103').
Regarding claim 5, EP '189 describes wherein the exterior glass pane may be coupled to the interior glass pane by a pair of horizontal spacers (2, Fig. 1-3 - see horizontal spacers comprising the horizontal elements of frame 2 coupling the exterior glass pane 101 to the interior glass pane 102; col 2, ln 10-30, 'The sheets 101 and 102 are spaced apart by means of a suitable frame 2, so as to provide an air gap or chamber 103 between the two sheets 101 and 102. The frame 2 is preferably formed by tubular elements, as shown in the drawings, and most preferably said tubular elements are provided with through bores (not shown) putting them into communication with the chamber 103').
Regarding claim 6, EP '189 describes wherein the horizontal spacers run along the upper and lower edges between the first and second fins to create a sealed internal volume (2, 103, Fig. 1-3 - see horizontal spacers comprising the horizontal elements of frame 2 coupling the exterior glass pane 101 to the interior glass pane 102, said horizontal spacers running along the upper and lower edges between the fins to create a sealed interior volume 103; col 2, ln 10-30, 'The sheets 101 and 102 are spaced apart by means of a suitable frame 2, so as to provide an air gap or chamber 103 between the two sheets 101 and 102. The frame 2 is preferably formed by tubular elements, as shown in the drawings, and most preferably said tubular elements are provided with through bores (not shown) putting them into communication with the chamber 103').
Regarding claim 7, EP '189 describes wherein an edge seal is applied along the length of the pair of horizontal and vertical spacers to create an insulating glass panel (3, Fig. 1-3 - see edge seal 3 applied along the length of the pair of horizontal and vertical spacers 2 to create an insulating glass panel; col 2, ln 31-52, 'The two sheets 101 and 102 with the interposed frame 2 are connected together by means of a continuous bead of a mastic, and particularly by means of a bead 3 of structural silicone ... The two sheets 101 and 102 will be connected together in a firm and steady manner thanks to the bead 3 of mastic. Thanks to the fact that the bead 3 is formed of silicone, same will resist to all weather changes and temperatures, without any appreciable ageing. Thanks to the fact that the silicone bead 3 is laid in place in a specialized factory instead of in the building yard, the sheets 101 and 102 will be connected together in a very firm and safe manner, which is impossible to obtain by operating in the building yard, thus assuring the maximum safety to the bond between said sheets in the resulting panel l').
Regarding claim 20, EP '189 describes wherein the vertical spacers are oriented vertically and run from an upper edge to a lower edge of the interior and exterior glass panes (2, Fig. 1-3 - see vertical spacers comprising the vertical elements of frame 2 coupling the exterior glass pane l 0 l to the interior glass pane l 02, said spacers oriented vertically along the vertical sides of the panes and running from an upper edge to a lower edge of the panes; col 2, ln 10-30, 'The sheets 101 and 102 are spaced apart by means of a suitable frame 2, so as to provide an air gap or chamber 103 between the two sheets 101 and 102. The frame 2 is preferably formed by tubular elements, as shown in the drawings, and most preferably said tubular elements are provided with through bores (not shown) putting them into communication with the chamber 103') and wherein the horizontal spacers run along the upper and lower edges between the first and second fins to create a sealed internal volume (2, 103, Fig. 1-3 - see horizontal spacers comprising the horizontal elements of frame 2 coupling the exterior glass pane 101 to the interior glass pane 102, said horizontal spacers running along the upper and lower edges between the fins to create a sealed interior volume 103; col 2, ln 10-30, 'The sheets 101 and 102 are spaced apart by means of a suitable frame 2, so as to provide an air gap or chamber 103 between the two sheets 101 and 102. The frame 2 is preferably formed by tubular elements, as shown in the drawings, and most preferably said tubular elements are provided with through bores (not shown) putting them into communication with the chamber 103').
Claims 3, 4 and 8 are rejected under 35 U.S.C. 103 as unpatentable over Lamberts as applied above, and further in view of Petersen (U.S. Patent Application Publication No. 2009/0301008 – cited by Applicant).
Regarding claim 3, Lamberts does not appear to expressly describe wherein the exterior glass pane may be coupled to the interior glass pane by a pair of vertical spacers, which are located inwardly of the interior surface of the first and second fins. As evidenced by Petersen, it was old and well-known in the art to utilize a glass fin wall system (Fig. 1, 3; para[0056]; para[0057]; para[0067]) comprising: an exterior glass pane (22, Fig. 1, 3 - see glass pane 22 capable of being an exterior glass pane; para[0061], 'The glass panel 16 preferably constitutes the one panel of a two or three-ply glazed window as the glass panel 16 is jointed to a further glass panel 22 by means of two distance bodies 24 and 26. The two glass panels 16 and 22 together with the distance bodies 24 and 26 constitute the structure of a conventional glazed window'); and an interior glass pane (12, 14, 16, Fig. 1, 3 - see glass pane 12/14/16 capable of being an interior glass pane; para[0057], 'Basically, the building element is composed of three elements, viz. a glass panel 16 and two lightweight and high strength pultruded bodies 12 and 14 which are made from a resin such as a polyester or epoxy resin having a high content of glass fibres for providing a coefficient of thermal expansion of the profiled bodies substantially corresponding to the coefficient of thermal expansion of glass'; para[0060], 'The glass panel 16 together with the two pultruded bodies 12 and 14 constitute an integral lightweight, high strength and highly stable building element in which the glass panel is used as structural element rather than a simple decorative or light transparent glass panel') comprising first and second fins (12, 14, Fig. 1, 3; para[0057]; para[0060]); and further teaches wherein the exterior glass pane may be coupled to the interior glass pane by a pair of vertical spacers, which are located inwardly of the interior surface of the first and second fins (24, 26, Fig. 1, 3 - see vertical spacers 24/26 coupling the exterior glass pane 22 to the interior glass pane 12/14/16, said spacers 24/26 located inwardly of the interior surface of the fins 12/14; para[0061], 'The glass panel 16 preferably constitutes the one panel of a two or three-ply glazed window as the glass panel 16 is jointed to a further glass panel 22 by means of two distance bodies 24 and 26. The two glass panels 16 and 22 together with the distance bodies 24 and 26 constitute the structure of a conventional glazed window').
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection arrangement between the exterior and interior glass panes of Lambert’s system by employing the spacer arrangement as taught by Petersen with a reasonable expectation of success because it would have improved the insulation effects of the glass fin wall system. Such combination of known prior art elements that merely yields predictable results would have been obvious to one skilled in the art. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 415-16.
Regarding claim 4, Petersen describes wherein the spacers are oriented vertically and run from an upper edge to a lower edge of the interior and exterior glass panes (24, 26, Fig. 1, 3 - see how the spacers 24/26 are oriented vertically and run from the upper edge to the lower edge of the panes 16/22; para[0061]).
Regarding claim 8, Petersen describes a sealing element located between the second bend of the interior glass pane, the second end of the exterior glass pane, the first bend of the additional interior glass pane, and the first end of the additional exterior glass pane (40, 42, Fig. 1, 3 - see sealing element 40/42 filling the entire gap between the panes and additional panes, such that the sealing element 40/42 is located between the second/left bend/angle of the right interior glass pane 12/16, the second/left end of the right exterior glass pane 22, the first/right bend/angle of the left additional interior glass pane 14/16, and the first/right end of the left additional exterior glass pane 22; para[0067], 'In FIG. 3, two building elements 10 are shown which are joint together by means of bolts and nuts, one bolt being designated the reference numeral 32 and the one nut being designated the reference numeral 34 as the bolts and nuts are positioned and received in through-going bores 36 and 38 of the pultruded bodies 12 and 14, respectively, which through-going holes or cores are also shown in FIG. 1. The pultruded body 14 of the left-hand building element 10 and the pultruded body 12 of the right-hand building element 10 are kept in spaced apart relationship by means of an inter-layered or sandwiched insulating layer 40 which may be made from foamed material or mineral-fibre material. At the front face, the glass panel 16 of the two building elements 10 are joined by means of a flexible adhesive sealing such as silicone sealing 42').
Allowable Subject Matter
Claim 9 would appear to be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635
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