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 .
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 32, 33, 35 - 39, and 41 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.
The term “optionally” in claims 32, 33, 35 - 39, and 41 is unclear, which render the claims vague and indefinite. It is unclear what the applicant is trying to claim with the phrases after “optionally” as the term “optionally” means that the limitation is not required, thereby making the claims indefinite. It also appears that the limitation may be a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
(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 26, 30, 31, 32, 39 and 40 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Braun et al. (WO 2015/007899).
Braun et al. disclose a glazing (Figure 5, #31; Page 21, lines 19 – 20) comprising a first channel-section glazing element (Figure 5, #32) and a second channel-section glazing element (Figure 5, #34), the first and second channel-section glazing elements each comprising a web (Figure 5, #32c, 34c) and a first flange (Figure 5, #32a, 34a), the first flange running along a first lateral edge of the respective web (Figure 5, #32a and 32c), the first and second channel-section glazing elements being arranged such that an end of the first flange of the first channel-section glazing element faces the web of the second channel-section glazing element (Figure 5, #32a and 34c), the end of the first flange of the first channel-section glazing element being positioned at a distance relative to the web of second channel- section glazing element such that the end of the first flange of the first channel- section glazing element is spaced apart from the web of the second channel- section glazing element by a first space (Figure 5, #32a and 34c), wherein at least a portion of an inner glazing element is located between the web of the first channel-section glazing element and the web of the second channel- section glazing element (Figure 5, #36), the inner glazing element comprising: a central portion, a first edge portion running along a first side of the central portion and a second edge portion running along a second side of the central portion (Figure 5, #36; Page 21, lines 27 – 30), the first side of the central portion being opposite the second side of the central portion (Figure 5, #36; Page 21, lines 27 – 30); wherein a first portion of the first edge portion of the inner glazing element is positioned in the first space between the end of the first flange of the first channel- section glazing element and the web of the second channel-section glazing element (Figure 5, #36, 32a, 34c); further wherein the first portion of the first edge portion of the inner glazing element is compressed by the end of the first flange of the first channel-section glazing element being positioned relative to the web of the second channel-section glazing element to form the first space (Figure 5, 36, 32a, 34c; Page 21, lines19 – 30) as in claim 26. In claim 30, the central portion of the inner glazing element is made from a first material having a first chemical composition and the first edge portion of the inner glazing element is made from a second material having a second chemical composition, further wherein the first chemical composition is the same as the second chemical composition or wherein the first chemical composition is different to the second chemical composition (Page 21, lines 21 – 26 and 33 – 35). With regard to claim 31, the first edge portion of the inner glazing element is bonded to the central portion of the inner glazing element or wherein the first edge portion of the inner glazing element is integrally formed with the central portion of the inner glazing element (Figure 5, lines, lines 27 - 30). As in claim 32, the first edge portion of the inner glazing element is bonded to the central portion of the inner glazing element by being fused therewith or thereto, optionally wherein the first edge portion of the inner glazing element is thermally fused with or to the central portion of the inner glazing element (Figure 5, lines, lines 27 – 30, wherein it is one piece of glass). With respect to claim 39, the distance of the end of the first flange of the first channel-section glazing element from the web of second channel-section glazing element is greater than 1mm and/or less than 50mm (Figure 5, wherein the pieces are very close together). Regarding claim 40, an end of the first flange of the second channel-section glazing element faces the web of the first channel-section glazing element such that the end of the first flange of the second channel-section glazing element is positioned at a distance relative to the web of second channel- section glazing element such that the end of the first flange of the second channel- section glazing element is spaced apart from the web of the first channel-section glazing element by a second space (Figure).
Claims 26 – 31, 33 – 35, 37 – 43 and 45 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Rouanet et al. (USPGPub 2005/0074566 A1).
Rouanet et al. disclose a glazing (Figure 14) comprising a first channel-section glazing element (Figure 14, #1402) and a second channel-section glazing element (Figure 14, #1408), the first and second channel-section glazing elements each comprising a web (Figure 14, #1404 and 1410) and a first flange (Figure 14, #1406 and 1412), the first flange running along a first lateral edge of the respective web (Figure 14, #1404, 1406, 1410, 1412), the first and second channel-section glazing elements being arranged such that an end of the first flange of the first channel-section glazing element faces the web of the second channel-section glazing element (Figure 14), the end of the first flange of the first channel-section glazing element being positioned at a distance relative to the web of second channel- section glazing element such that the end of the first flange of the first channel- section glazing element is spaced apart from the web of the second channel- section glazing element by a first space (Figure 14), wherein at least a portion of an inner glazing element is located between the web of the first channel-section glazing element and the web of the second channel- section glazing element (Figure 14, #400), the inner glazing element comprising: a central portion, a first edge portion running along a first side of the central portion and a second edge portion running along a second side of the central portion (Figure 14, #400), the first side of the central portion being opposite the second side of the central portion (Figure 14, #400); wherein a first portion of the first edge portion of the inner glazing element is positioned in the first space between the end of the first flange of the first channel- section glazing element and the web of the second channel-section glazing element ((Figure 14, #400, 1402 and 1408); further wherein the first portion of the first edge portion of the inner glazing element is compressed by the end of the first flange of the first channel-section glazing element being positioned relative to the web of the second channel-section glazing element to form the first space (Figure 14; Paragraphs 0047 - 0051) as in claim 26. With respect to claim 27, the first portion of the edge portion of the inner glazing element is reversibly compressed (Paragraph 0048, due to the presence of the sealant, Figure 14, #1428). Regarding claim 28, upon increasing the distance of the first flange of the first channel-section glazing element relative to the web of the second channel-section glazing element such that the end of the first flange of the first channel-section glazing element is spaced apart from the web of the second channel-section glazing element by a second space, the first portion of the first edge portion of the inner glazing element expands to fill the second space (Paragraphs 0048 - 0050, depending on the chosen sealant, Figure 14, #1428). For claim 29, the first portion of the edge portion of the inner glazing element is irreversibly compressed (Paragraphs 0048 - 0050, depending on the chosen sealant, Figure 14, #1428). In claim 30, the central portion of the inner glazing element is made from a first material having a first chemical composition and the first edge portion of the inner glazing element is made from a second material having a second chemical composition, further wherein the first chemical composition is the same as the second chemical composition or wherein the first chemical composition is different to the second chemical composition (Paragraphs 0047 – 0050). With regard to claim 31, the first edge portion of the inner glazing element is bonded to the central portion of the inner glazing element or wherein the first edge portion of the inner glazing element is integrally formed with the central portion of the inner glazing element (Paragraph 0047). As in claim 33, the first edge portion of the inner glazing element is bonded to the central portion of the inner glazing element by an adhesive (Paragraph 0048). With respect to claim 34, the first edge portion of the inner glazing element comprises at least a first cavity, and wherein when the first portion of the first edge portion of the inner glazing element is compressed, the shape of the first cavity changes (Figures 14 and 15). Regarding claim 35, the first edge portion of the inner glazing element comprises a plastic material, or wherein the first portion of the first edge portion of the inner glazing element comprises a resilient portion (Paragraph 0048). For claim 37, the central portion of the inner glazing element comprises a plastic material, or wherein the central portion of the inner glazing element comprises an elastomer (Paragraph 0050). In claim 38, the central portion of the inner glazing element has a multi-wall construction comprising a first wall facing the web of the first channel-section glazing element and a second wall facing the web of the second channel-section glazing element, there being a plurality of air-spaces between the first and second walls of the central portion of the inner glazing element (Figures 14 and 15). With regard to claim 39, the distance of the end of the first flange of the first channel-section glazing element from the web of second channel-section glazing element is greater than 1mm and/or less than 50mm,optionally greater than 1 mm and/or less than 30mm (Example 1, wherein the total thickness of the panels is less than the stated spacing). As in claim 40, an end of the first flange of the second channel-section glazing element faces the web of the first channel-section glazing element such that the end of the first flange of the second channel-section glazing element is positioned at a distance relative to the web of second channel- section glazing element such that the end of the first flange of the second channel- section glazing element is spaced apart from the web of the first channel-section glazing element by a second space (Figures 14 and 15). With respect to claim 41, the web of the first channel- section glazing element has a second flange running along a second lateral edge thereof, the second lateral edge of the web of the first channel-section glazing element being opposite the first lateral edge of the web of the first channel-section glazing element, optionally wherein the first channel-section glazing element has a U-shaped profile; and/or wherein the web of the second channel-section glazing element has a second flange running along a second lateral edge thereof, the second lateral edge of the web of the second channel-section glazing element being opposite the first lateral edge of the web of the second channel-section glazing element, optionally wherein the second channel-section glazing element has a U-shaped profile (Figures 14 and 15). Regarding claim 42, the inner glazing element comprising: a central portion (Paragraph 0047; Figure 14, #400), a first edge portion running along a first side of the central portion (Paragraph 0047; Figure 14, #400); and a second edge portion running along a second side of the central portion (Paragraph 0047; Figure 14, #400), the first side of the central portion being opposite the second side of the central portion (Paragraph 0047; Figure 14, #400),the central portion of the inner glazing element having a first major surface, a second major surface and a thickness (Paragraph 0047; Figure 14, #400), a thickness of the central portion of the inner glazing element being the spacing of the first and second major surfaces of the central portion of the inner glazing element (Paragraph 0047; Figure 14, #400); the first edge portion of the inner glazing element having a thickness in a direction parallel to the thickness of the central portion of the inner glazing element (Paragraph 0047; Figure 14, #400), wherein the thickness of the first edge portion of the inner glazing element is less than the thickness of the central portion of the inner glazing element (Paragraph 0047; Figure 14, #400); further wherein the first edge portion of the inner glazing element is bonded to the central portion of the inner glazing element (Figure 14, #1428; Paragraphs 0047); and wherein the first edge portion of the inner glazing element comprises at least a first compressible portion (Paragraph 0048). For claim 43, the second edge portion of the inner glazing element has a thickness in a direction parallel to the thickness of the central portion, wherein the thickness of the second edge portion of the inner glazing element is less than the thickness of the central portion of the inner glazing element; further wherein the second edge portion of the inner glazing element is bonded to the central portion of the inner glazing element and/or integrally formed therewith; and wherein the second edge portion of the inner glazing element comprises at least a first compressible portion (Figure 14; Paragraphs 0046 – 0049). In claim 45, the first and/or second edge portion of the inner glazing element comprise at least a respective first cavity having a first shape, and wherein upon compressing the first and/or second edge portion having the respective first cavity therein, the shape of the respective first cavity changes (Paragraph 0048; Figure 14).
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.
Claims 36 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Rouanet et al. (USPGPub 2005/0074566 A1) in view of Kehl et al. (DE 10 2015 100 962).
A machine-generated translation of DE 10 2015 100 962 accompanied the information disclosure statement dated January 27, 2025. In reciting this rejection, the examiner will cite this translation.
Braun et al. disclose a glazing (Figure 5, #31; Page 21, lines 19 – 20) comprising a first channel-section glazing element (Figure 5, #32) and a second channel-section glazing element (Figure 5, #34), the first and second channel-section glazing elements each comprising a web (Figure 5, #32c, 34c) and a first flange (Figure 5, #32a, 34a), the first flange running along a first lateral edge of the respective web (Figure 5, #32a and 32c), the first and second channel-section glazing elements being arranged such that an end of the first flange of the first channel-section glazing element faces the web of the second channel-section glazing element (Figure 5, #32a and 34c), the end of the first flange of the first channel-section glazing element being positioned at a distance relative to the web of second channel- section glazing element such that the end of the first flange of the first channel- section glazing element is spaced apart from the web of the second channel- section glazing element by a first space (Figure 5, #32a and 34c), wherein at least a portion of an inner glazing element is located between the web of the first channel-section glazing element and the web of the second channel- section glazing element (Figure 5, #36), the inner glazing element comprising: a central portion, a first edge portion running along a first side of the central portion and a second edge portion running along a second side of the central portion (Figure 5, #36; Page 21, lines 27 – 30), the first side of the central portion being opposite the second side of the central portion (Figure 5, #36; Page 21, lines 27 – 30); wherein a first portion of the first edge portion of the inner glazing element is positioned in the first space between the end of the first flange of the first channel- section glazing element and the web of the second channel-section glazing element (Figure 5, #36, 32a, 34c); further wherein the first portion of the first edge portion of the inner glazing element is compressed by the end of the first flange of the first channel-section glazing element being positioned relative to the web of the second channel-section glazing element to form the first space (Figure 5, 36, 32a, 34c; Page 21, lines19 – 30). The inner glazing element comprising: a central portion (Paragraph 0047; Figure 14, #400), a first edge portion running along a first side of the central portion (Paragraph 0047; Figure 14, #400); and a second edge portion running along a second side of the central portion (Paragraph 0047; Figure 14, #400), the first side of the central portion being opposite the second side of the central portion (Paragraph 0047; Figure 14, #400),the central portion of the inner glazing element having a first major surface, a second major surface and a thickness (Paragraph 0047; Figure 14, #400), a thickness of the central portion of the inner glazing element being the spacing of the first and second major surfaces of the central portion of the inner glazing element (Paragraph 0047; Figure 14, #400); the first edge portion of the inner glazing element having a thickness in a direction parallel to the thickness of the central portion of the inner glazing element (Paragraph 0047; Figure 14, #400), wherein the thickness of the first edge portion of the inner glazing element is less than the thickness of the central portion of the inner glazing element (Paragraph 0047; Figure 14, #400); further wherein the first edge portion of the inner glazing element is bonded to the central portion of the inner glazing element (Figure 14, #1428; Paragraphs 0047); and wherein the first edge portion of the inner glazing element comprises at least a first compressible portion (Paragraph 0048). However, Braun et al. fail to disclose the first edge portion of the inner glazing element comprises a fibre insulation material, optionally wherein the first edge portion of the inner glazing element and/or the fibre insulation material comprises glass fibres and/or synthetic fibres, and the central portion of the inner glazing element comprises polycarbonate, polyester, or acrylic; or a bunch of fibres or a fibre insulation material; and/or wherein the first and/or second edge portions of the inner glazing element comprise polyvinyl chloride (PVC) ethylene vinyl acetate (EVA), polyester, polycarbonate, a polyolefin, an elastomer, or polyurethane.
Kehl et al. teach a glazing (Abstract) having inner glazing element comprises a fiber insulation material made of synthetic fibers or glass fibers (Claim 1; Abstract) for the purpose of improving the thermal insulation and light diffusion of a glazing (Paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a inner glazing element comprises a fiber insulation material made of synthetic fibers or glass fibers in Braun et al. in order to improve the thermal insulation and light diffusion of a glazing as taught by Kehl et al.
Conclusion
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 August 20, 2026
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