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 Invention II in the reply filed on 3/11/2026 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “1” has been used to designate both the main body assembly in figures 1-7 and the main body in figure 8-13. The structures shown as main body (assembly) are not the same. The main body assembly of figures 1-7 includes first 11 and second 13 main bodies (i.e. sliding panels) and a middle frame 12 while the main body of figures 8-13 is the frame portion of the main body portion 4 receiving the insert 15.
A similar issue occurs with the side frame 2 as the side frame of figures 1-7 is a sill whereas the side frame of figures 8-13 is a header. While the term frame could encompass a full four sided frame, there is no disclosure that the term frame used in the present application is meant to encompass such a frame, only the separate sill and header.
The drawings are objected to because:
Per 37 C.F.R. 1.84(p)(1) reference characters should not be used in association with brackets. Brackets should be removed from the figures. The proper way to indicate a structure or section generally, such as door assembly 200 in figure 2, is with an arrow per 37 C.F.R. 1.84(r)(1).
Reference numeral 12 in figures 2 and 4 points to the second main body 13, not the middle frame.
Reference numeral 21 in figure 11 points to the first insertion part 24, not the frame body.
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.
Specification
The title of the invention appears to include a typo. The term “insolation” means “exposure to the sun” and does not appear relevant to the present invention. It appears the “insulation” was meant.
The disclosure is objected to because of the following informalities: paragraph [0068] contradicts what is shown in figure 8 and previously described in paragraph [0065]. Paragraph [0068] describes the frame body 21 as including the frame and the first insertion part 24 and the main body 1 including the second insertion part 25 and the body. As shown in figure 8 and described in paragraph [0065], the frame 2 includes the frame body 21 and first insertion part 24 while the main body portion 4 includes the main body 1 and the second insertion part 15, i.e. paragraph [0068] adds unsupported second bodies (frame and body) to the side frame and main body portion already defined in paragraph [0065] as having bodies (frame body and main body respectively). Paragraph [0068] should be corrected to accurately describe what is shown in figure 8 and coordinate with what is described in paragraph 0065].
Appropriate correction is required.
Claim Objections
Claims 9, 15, and 16 are objected to because of the following informalities:
Claim 9 line 7 recites “one of the first fixing parts” and lines 7-8 recite “the two adjacent second fixing parts”. The previous recitations of both fixing parts were “a plurality of first/second fixing parts”. Consistent terminology should be used. Since applicant appears to only have support for two fixing parts (i.e. the plurality as shown in the figures is two and there is no disclosure of the invention including more than two other than the word “plurality” itself, which without further definition is limited to what is shown/explicitly disclosed) examiner suggests the initial recitations be “two first/second fixing parts” and the later recitations “one of the two first fixing parts” and “the two second fixing parts”. If applicant wishes to keep the plurality language then the later recitations should be “one of the plurality of first fixing parts” and “two adjacent second fixing parts of the plurality of second fixing parts”
Claims 15 and 16 include the language objected to with respect to paragraph [0068] above and as such contradict claim 9. Claim 9 defines the side frame as comprising the frame body and the fixing parts and the main body portion as comprising the main body and fixing parts where claim 15 attempts to define the frame body as including a frame and insertion part and claim 16 attempts to define the main body as a body and insertion part. The disclosed side frame does not include both a frame body and a frame, there is only the body of the frame and the insulating parts (fixing and insertion parts) and the disclosed main body portion does not include both a main body and a body, there is only the body and the insulating parts (fixing and insertion parts). For purposes of examination claims 15 and 16 will be interpreted as defining the side frame and main body portion as having insertion parts and the frame body and main body having C-shaped grooves (plus the details of the insertion parts and the fixing parts).
Appropriate correction is required.
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 17-24 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. Dependent claims 17-24 were previously independent claim 1 and its dependent claims 2-8. While the restricted inventions (claims 1-8 shown in figures 1-7 and claims 9-16 shown in figures 8-13) are both subcombinations (different insulation structures for use in combination with a door or window), thus falling into the restriction type subcombinations usable together (i.e. they are capable of being used together), there is no support in the original disclosure for the subcombinations being used together (previously noted in restriction requirement of 1/13/2026, end of paragraph beginning “Inventions I and II” on page 2). The subcombination of claims 17-24 is shown only in figures 1-7 while the subcombination of claims 9-16 is shown only in figures 8-13. The disclosure only describes the structures separately and nowhere states that they can be used together. As such there is no support for claims 17-24 requiring both insulation structures to be used in the same combination.
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) 9, 10, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent 10113356 to Lenox (hereinafter Lenox) in view of US patent 7987633 to Lenox (hereinafter Lenox2).
Regarding claim 9, the insulation structure is shown in Lenox in the embodiment of figures 5-7 with
a side frame (116); and
a main body portion (112), wherein the main body portion (112) is arranged on the side frame (116) and slidingly connected to the side frame;
the side frame (116) comprises a frame body (body portion shown as head 122 in figure 5 and head 146 in figure 6, patent has contradictory numbering for the head) and a first fixing part (extending fin portion of 164, figure 6) arranged on the frame body (146 in figure 6); and
the main body portion (112) comprises a main body (rail 138) and a plurality of second fixing parts (upwardly extending portions of 162, figure 6) arranged on the main body (138), wherein the first fixing part (extending portion 164) is correspondingly inserted between the two adjacent second fixing parts (upwardly extending portions of 162).
However, Lenox only shows one first fixing part (i.e. the centrally extending fin).
A second frame fixing part (i.e. second location of a frame/first fixing part) is shown in Lenox2 in the embodiment of figure 10 where the frame body (118) has a second frame fixing part (158), i.e. the fixing part is along a side of the frame body rather than centrally located as in Lenox.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the insulation structure of Lenox with the second frame fixing part location of Lenox2 because the two first or frame fixing parts provided the benefit of additional insulation along a wall of the frame body as well as the central fin in Lenox.
Regarding claim 10, the main body portion (112) further includes a sealing member (unnumbered, shown in figure 6 near portion 138e) and the sealing member is arranged on a side surface (right side surface figure 6) of the main body (138) in Lenox.
Regarding claim 15, the side frame (116) comprises and insertion part (attachment portion of 164, figure 6) and the frame body (146 figure 6) includes a C-shaped groove (figure 6), where the insertion part is in the groove and, when provided with the second fixing part location of Lenox2, the plurality of fixing parts would be arranged on the insertion part (i.e. the fixing part of Lenox is arranged on the insertion part) in Lenox.
Regarding claim 16, the main body portion (112) comprises and insertion part (attachment portion of 162, figure 6) and the main body (138) includes a C-shaped groove (figure 6), where the insertion part is in the groove and the plurality of fixing parts are arranged on the insertion part in Lenox.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 12-14 are objected to as depending from an objected to claim and have not been otherwise examined for patentability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/ Primary Examiner, Art Unit 3619
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