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 02/26/2026.
Claims 1-5, 7-13, 16-17, and 19-20 are currently pending and have been examined below. Claims 6, 14-15, and 18 were cancelled.
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.
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 1-5, 7-13, 16-17 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.
Claim 1
Recitations such as “the edge of the sliding window” on line 18 of claim 1 render the claims indefinite because it is unclear whether it is referring to the edge of the sliding window introduced on line 9 or to the upper edge of the sliding window introduced on line 17. If these edges are the same, applicant should amend them accordingly.
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends. 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 1-5, 7-13, 16-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daniel (DE 102008026046).
Claim 1
(Daniel discloses) A sealing profile strand (figure 1) for mounting to a frame profile (profile of frame 2) of a window frame (2) for a sliding window (1) which is slidable along a third direction (vertical direction as viewed in figure 1), the sealing profile strand extending along a first direction (direction towards the page as viewed in figure 1) and comprising:
a support segment (4) for mounting the sealing profile strand to the frame profile, the support segment including a relatively hard material (Excerpt 1 from page 3 below); and
a sealing segment (sealing elements 5-9) which is mainly formed of a relatively soft material (Excerpt 1 below), which is attached to the support segment, and which includes at least an inner sealing portion (5) configured to engage an inner surface of the sliding window (figure 1), and an edge sealing portion (Annotated figure 1 below) configured to seal an edge of the sliding window in its closed state (figure 1),
wherein the support segment comprises a vertical support section (Annotated figure 1 below) which is configured to be arranged on an outside of the frame profile in a second direction (left to right direction as viewed in figure 1) which is perpendicular to the first direction and to the third direction,
wherein the support segment comprises a vertical protrusion (Annotated figure 1 below) which extends with respect to the vertical support section in the third direction (Annotated figure 1 below), and
wherein the edge sealing portion comprises a window edge closure lip (7) which extends from a lower end of the vertical protrusion of the support segment (Partial Annotated figure 1 below) to an inside in the second direction (Annotated figure 1 below), extends at least across an entire upper edge of the sliding window (see 7 extending across the entire upper edge of the window in figure 1), and which is configured to be engaged by the edge of the sliding the window (Annotated figure 1 below).
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Annotated figure 1
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Partial Annotated figure 1
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Excerpt 1
Claim 2
(Daniel discloses) The sealing profile strand of claim 1, wherein the vertical support section comprises a lower support section (Annotated figure 1 above) which is configured to be arranged on a lower side of a transversal portion (19) of the frame profile in the third direction (Annotated figure 1 above).
Claim 3
(Daniel discloses) The sealing profile strand of claim 2, wherein the lower support section comprises a locking section (Annotated figure 1 above) which is configured to be engaged by a locking tongue (tongue part of 18 engaging the locking section) of the frame profile.
Claim 4
(Daniel discloses) The sealing profile strand of claim 3, wherein a groove (the boxed groove best shown in Annotated figure 1 above) is formed between the vertical protrusion and the locking section of the support segment (Annotated figure 1 above).
Claim 5
(Daniel discloses) The sealing profile strand of claim 4, wherein the window edge closure lip extends from the vertical protrusion of the support segment across at least a part of the groove in the second direction (Annotated figure 1 above).
Claim 7
(Daniel discloses) The sealing profile strand of claim 1, wherein the sealing segment includes an upper sealing portion (8 and 9) which is configured to engage an upper part of the frame profile (figure 1).
Claim 8
(Daniel discloses) The sealing profile strand of claim 7, wherein the upper sealing portion and the window edge closure lip are connected to each other (figure 1).
Claim 9
(Daniel discloses) The sealing profile strand of claim 8, wherein a lining portion (11) of the sealing segment is arranged on an outside of the vertical support section (Annotated figure 1 above).
Claim 10
(Daniel discloses) The sealing profile strand of claim 1, wherein a lining segment (11) is attached to an outside of the vertical support section in the second direction (Annotated figure 1 above).
Claim 11
(Daniel discloses) The sealing profile strand of claim 10, wherein the lining segment comprises a lug (14) which is introduced into a receptacle (15) of the support segment (figure 1).
Claim 12
(Daniel discloses) The sealing profile strand of claim 1, wherein the support segment comprises an upper support section and a lower support section (both shown in Annotated figure 1 (II) below) which are configured to be arranged on opposite sides of the frame profile in the third direction (Annotated figure 1 (II) below).
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Annotated figure 1 (II)
Claim 13
(Daniel discloses) The sealing profile strand of claim 12, wherein the inner sealing portion is connected to the lower support section (Annotated figure 1 (II) above).
Claim 16
(Daniel discloses) The sealing profile strand of claim 1, wherein the support segment includes a reinforcement portion (11).
Claim 17
(Daniel discloses) The sealing profile strand of claim 1, wherein the sealing segment and the support segment are integrated by co-extrusion (figure 1; this was interpreted as product-by-process limitation; see MPEP 2113).
Claim 19
(Daniel discloses) A sealing profile strand (figure 1) for mounting to a frame profile (profile of frame 2) of a window frame (2) for a sliding window (1) which is slidable along a third direction (vertical direction as viewed in figure 1), the sealing profile strand extending along a first direction (direction towards the page as viewed in figure 1) and comprising:
a support segment (4) for mounting the sealing profile strand to the frame profile, the support segment including a relatively hard material (Excerpt 1 from page 3 above), wherein the support segment is mainly made of at least one of a rubber elastomer material or a thermoplastic elastomer material (Excerpt 1 above); and
a sealing segment (sealing elements 5-9) which is mainly formed of a relatively soft material (Excerpt 1 above), is attached to the support segment, and which includes at least an inner sealing portion (5) configured to engage an inner surface of the sliding window (figure 1), and an edge sealing portion (Annotated figure 1 above) configured to seal an edge of the sliding window in its closed state (figure 1),
wherein the sealing segment is mainly made of at least one of a rubber elastomer material or a thermoplastic elastomer material (Excerpt 1 above),
wherein the support segment comprises a vertical support section (Annotated figure 1 above) which is configured to be arranged on an outside of the frame profile in a second direction (left to right direction as viewed in figure 1) which is perpendicular to the first direction and to the third direction,
wherein the support segment comprises a vertical protrusion (Annotated figure 1 above) which extends with respect to the vertical support section in the third direction (Annotated figure 1 above), and
wherein the edge sealing portion comprises a window edge closure lip (7) which extends from the vertical protrusion of the support segment to an inside in the second direction and which is configured to be engaged by the edge of the sliding window (Annotated figure 1 above), and
wherein the window edge closure lip extends from a lower end (the lower half end of the vertical protrusion; further clarified in Partial Annotated figure 1 above) of the vertical protrusion of the support segment to the inside in the second direction (Annotated figure 1 above).
Claim 20
(Daniel discloses) A sealing arrangement (figure 1) for a sliding window (1) which is slidable along a third direction (vertical direction as viewed in figure 1), the sealing arrangement including a frame profile (profile of frame 2) of a window frame (2) and a sealing profile strand (sealing strand in figure 1),
the sealing profile strand being mounted to the frame profile of the window frame and extending along a first direction (direction towards the page as viewed in figure 1), wherein the sealing profile strand comprises:
a support segment (4) mounting the sealing profile strand to the frame profile, the support segment including a relatively hard material (Excerpt 1 above), and
a sealing segment (sealing elements 5-9) which is mainly formed of a relatively soft material (Excerpt 1 above), which is attached to the support segment, and which includes at least an inner sealing portion (5) which engages an inner surface of the sliding window (figure 1), and includes an edge sealing portion (Annotated figure 1 above) configured to seal an edge of the sliding window in its closed state (Annotated figure 1 above),
wherein the support segment comprises a vertical support section (Annotated figure 1 above) which is arranged on an outside of the frame profile in a second direction (left to right direction as viewed in figure 1) which is perpendicular to the first direction and to the third direction,
wherein the support segment comprises a vertical protrusion (Annotated figure 1 above) which extends with respect to the vertical support section in the third direction (Annotated figure 1 above), and
wherein the edge sealing portion comprises a window edge closure lip (7) which extends from a lower end of the vertical protrusion of the support segment (Partial Annotated figure 1 above) to an inside in the second direction and which is configured to be engaged by the edge of the sliding window (Annotated figure 1 above).
Response to Arguments
Applicant’s amendments directed to the drawing and specification objections have been considered.
Applicant’s amendments directed to the claim objections and 112 rejections have been considered.
Applicant's arguments filed on 02/26/2026 have been fully considered but they are not persuasive. The response below are in response to applicant’s arguments found on pages 2-5 of the Remarks section.
Regarding “Sealing section 7 extends from a middle portion of the fastening section 4 and contacts the upper edge of the window pane 1. However, the sealing strip in Daniel does not comprise a window edge closure lip extending from a lower end of a vertical protrusion to an inside, as recited in amended claim 1” and “The sealing section 7 extends from, at best, a middle section of the vertical protrusion and certainly does not extend from a lower end thereof”, note that the independent claims 1 and 19-20 were merely amended to recite “a window edge closure lip which extends from a lower end of the vertical protrusion of the support segment” - i.e., the claims do not recite that the window edge closure lip extends from the lowest point of the vertical protrusion of the support segment.
Furthermore, examiner emphasizes the limitation “a lower end of the vertical protrusion of the support segment” which is extremely broad as any end of the vertical protrusion can be the lower end so long as it is an end lower than any part of the assembly of Daniel. Examiner notes that the lower end mapped above is lower than an upper end (also mapped and shown in the partial annotated figure 1) therefore Daniel still meets the amended claim limitations. Therefore, examiner notes that it seems that applicant’s arguments are much narrower than what the claims require.
Conclusion
THIS ACTION IS MADE FINAL. 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 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