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 .
Continued Examination Under 37 CFR 1.114
The request filed on September 3, 2026 for a Request for Continuing Examination (RCE) under 37 CFR 1.114 is acceptable and an RCE has been established. Any previous finality is hereby withdrawn and a new action on the merits follows. Any newly-submitted claims have been added. An action on the RCE follows.
Drawings
The drawing correction filed September 3, 2026 has been approved.
Claim Objections
Recitations such as “the notch is configured to receive” on lines 13-14 of claim 1 and “a first portion of the first strut extension is adjacent to an interior side of the plate member” on lines 14-15 of claim 1 bring the clarity of the claims into question because it is unclear if the applicant is positively reciting the plate member. Lines 13-14 of claim 1 imply that the applicant is not positively reciting the plate member while lines 14-15 of claim 1 appear to be positively reciting the plate member. Also see “configured to retain an end of a panel member” on lines 10-11 of claim 1 and “the strut base member is positioned between the frame member and the end of the panel member” on lines 1-2 of claim 7.
Claim 5 is objected to because it fails to further limit the interlock assembly. Merely reciting additional ends of panel member fails to limit the structure of the interlock assembly itself. Note that the interlock assembly is already configured to receive an end of the panel member. Providing the panel member with two ends does not further limit the interlock assembly.
Claim 15 is objected to because “a rotational position of the second interlock assembly” on line 6 bring the clarity of the claims into question because it is unclear what comprises the rotational position of the second interlock assembly. Is the second interlock assembly able to rotate?
Appropriate correction is required.
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 1-20 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.
Recitations such as “a strut base member direction . . . parallel to the strut base member direction” on lines 2-5 of claim 1 render the claims indefinite because it is unclear what the applicant is attempting to set forth. It appears that the applicant is claiming that the strut base member direction extends along the longitudinal length of the strut member 102 as set forth on lines 7-8. However, if this is true, it is unclear how the first strut extension 110 can extend perpendicular to the strut base member direction and the second strut extension 112 extend parallel to the strut base member direction. See figure 4 which appears to show both the first strut extension and the second strut extension extending into the page. Thus, it appears that both the first and second strut extensions extend parallel to the strut base member direction. If this is not true, then it is unclear what comprises the strut base member direction.
Recitations such as “a notch formed through the strut and the frame member” on line 12 of claim 1 render the claims indefinite because it is unclear what the applicant is attempting to set forth. Is the applicant setting forth a single notch in both the strut and the frame member or is the applicant setting forth a notch in the strut and a notch in the frame member? If the former is the case, then it is unclear how two elements, i.e., the strut and the frame member, can have the same notch. It appears that the strut has a notch and the frame member have a notch.
Recitations such as “the frame member” on line 2 of claim 3 render the claims indefinite because it is unclear to which one of the frame members set forth above the applicant is referring.
Recitations such as “the interlock assembly positioned to retain . . . second panel member end” on lines 2-6 of claim 6 render the claims indefinite because it is unclear what the applicant is attempting to set forth. Is the applicant attempting to set forth two interlock assemblies?
Recitations such as “a first strut having a first strut base member extending along a first direction . . . parallel to the first direction” on lines 6-8 of claim 10 render the claims indefinite because it is unclear what the applicant is attempting to set forth. It appears that the applicant is claiming that the first direction extends along the longitudinal length of the first strut as set forth on lines 10-11 of claim 10. However, if this is true, it is unclear how the first strut extension can extend perpendicular to the first direction and the second strut extension extend parallel to the first direction. See figure 4 which appears to show both the first strut extension and the second strut extension extending into the page. Thus, it appears that both the first and second strut extensions extend parallel to the first direction. If this is not true, then it is unclear what comprises the first direction.
Recitations such as “on either side of the opposing pair of interlock assemblies” on lines 5-6 of claim 14 render the claims indefinite because it is unclear what the applicant is attempting to set forth. What comprises the opposing pair of interlock assemblies? Is the applicant attempting to set forth another pair of interlock assemblies in addition to the ones set forth 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, 2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2 296 278.
With respect to claim 1, GB 2 296 278 discloses an interlock assembly, comprising:
a strut 11 (figs. 1 and 4) having a strut base member (labeled below) extending along a strut base member direction (labeled below), a first strut extension (labeled below) extending perpendicular to the strut base member direction, and a second strut extension (labeled below) extending parallel to the first strut base member direction;
a frame member (labeled below) fixedly attached to the strut;
wherein the strut 11 extends longitudinally along the strut base member direction from a strut first end (labeled below) to a strut second end (labeled below), and wherein the frame member extends longitudinally along the strut base member direction from a frame member first end (labeled below) to a frame member second end, and wherein the strut and the frame member are configured to retain an end of a panel member 12 (fig. 1); and
a notch (labeled below) formed through the strut 11 and the frame member at one of the strut first end and the frame member first end or the strut second end and the frame member second end, wherein the notch is configured to receive a plate member 32 (fig. 4) of a connecting frame member 8 (figs. 1 and 4), and wherein a first portion of the first strut extension is adjacent to an interior side of the plate member 32 and a second portion of the first strut extension is adjacent to an exterior side of the plate member.
With respect to claim 2, the strut further comprises a strut hook member (labeled below) having a hook shape configured to sealingly connect with an opposing strut hook member of an opposing interlock assembly, wherein the strut hook member and the opposing strut hook member have identical shapes.
With respect to claim 4, the strut 11 further comprises a panel-retaining wall 42a (fig. 4), and wherein the frame member comprises a frame wall member (labeled below) spaced apart from the panel-retaining wall 42a and defining a panel-retaining channel (labeled below) configured to fixedly hold the end of the panel member 12.
With respect to claim 5, wherein the panel member 12 comprises a first panel member end (labeled below) opposing a second panel member end (labeled below), wherein the interlock assembly being configured to retain the end of the panel member comprises the interlock assembly being configured to retain either one of the first panel member end or the second panel member end.
With respect to claim 6, the interlock assembly has a longitudinal axis (labeled below), wherein the interlock assembly positioned to retain the first panel member end (labeled below) is rotated 180 degrees about the longitudinal axis relative to the interlock assembly positioned to retain the second panel member end (labeled below). Note that the left vertical frame element 10 and the right vertical frame element 11 are mirror images of one another and are, therefore, “rotated 180 degrees about the longitudinal axis”.
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Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruchu et al. (US 5657579).
With respect to claim 1, Bruchu et al. discloses an interlock assembly, comprising:
a strut 1050 (figs. 41 and 45) having a strut base member (labeled below) extending along a strut base member direction (labeled below), a first strut extension (labeled below) extending perpendicular to the strut base member direction, and a second strut extension 1050a (fig. 45) extending parallel to the strut base member direction;
a frame member 1056 (fig. 45) fixedly attached to the strut 1050;
wherein the strut 1050 extends longitudinally along the strut base member direction from a strut first end (labeled below) to a strut second end (labeled below), and wherein the frame member 1056 extends longitudinally along the strut base member direction from a frame member first end (labeled below) to a frame member second end (labeled below), and wherein the strut 1050 and the frame member 1056 are configured to retain an end of a panel member 1020; and
a notch (labeled below) formed through the strut 1050 and the frame member 1056 at one of the strut first end and the frame member first end or the strut second end and the frame member second end, wherein the notch is configured to receive a plate member of a connecting frame member, and wherein a first portion of the first strut extension is adjacent to an interior side of the plate member and a second portion of the first strut extension is adjacent to an exterior side of the plate member. Note that the claims do not require the notch to have a uniform shape. Thus, the two recesses in the strut 1050 and the frame member 1056 form the applicant’s claimed notch. Additionally, the limitations to the connecting frame member have been treated as intended use limitations. Since the notch of Bruchu et al. is capable of receiving a connecting frame member wherein the connecting frame member is capable of interacting with the applicant’s claimed interlock assembly as recited in claim 1, Bruchu et al. anticipates the applicant’s claimed invention.
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Claims 1, 2, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2005/033456.
With respect to claim 1, WO 2005/033456 discloses an interlock assembly, comprising:
a strut 6 (fig. 13b) having a strut base member (labeled below) extending along a strut base member direction (labeled below), a first strut extension (labeled below) extending perpendicular to the strut base member direction, and a second strut extension (labeled below) extending parallel to the first strut base member direction;
a frame member 32 (fig. 13b) fixedly attached to the strut 6;
wherein the strut 6 extends longitudinally along the strut base member direction from a strut first end (labeled below) to a strut second end (not shown, but comprising the opposite end of the strut 6), and wherein the frame member 32 extends longitudinally along the strut base member direction from a frame member first end (labeled below) to a frame member second end (not shown, but comprising the opposite end of the frame member 32), and wherein the strut 6 and the frame member 32 are configured to retain an end of a panel member 9 (fig. 13b) (note that the frame member 32 provides some support to the strut 6 and thus aids in retaining the panel member 9); and
a notch (labeled below) formed through the strut 6 and the frame member 32 at one of the strut first end, as shown in figure 13b, and the frame member first end, as shown in figure 13b, or the strut second end and the frame member second end, wherein the notch is configured to receive a plate member 7 (fig. 9) of a connecting frame member 5, and wherein a first portion of the first strut extension (labeled below) is adjacent to an interior side of the plate member 7 and a second portion of the first strut extension (labeled below) is adjacent to an exterior side of the plate member 7.
With respect to claim 2, the strut 6 further comprises a strut hook member (labeled below) having a hook shape configured to sealingly connect with an opposing strut hook member of an opposing interlock assembly, wherein the strut hook member and the opposing strut hook member have identical shapes.
With respect to claim 8, one side of the strut hook member further includes a groove (labeled below) configured to removably hold a weatherstrip material.
With respect to claim 9, at least one securing opening (labeled below), wherein the at least one securing opening includes a screw hole (labeled below) to attach additional components to the interlock assembly.
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Claims 1, 4 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 1,374,903.
With respect to claim 1, FR 1,374,903 discloses an interlock assembly, comprising:
a strut (labeled below) having a strut base member (labeled below) extending along a strut base member direction, a first strut extension (labeled below) extending perpendicular to the strut base member direction, and a second strut extension (labeled below) extending parallel to the first strut base member direction;
a frame member (labeled below) fixedly attached to the strut;
wherein the strut extends longitudinally along the strut base member direction from a strut first end (labeled below) to a strut second end (labeled below), and wherein the frame member extends longitudinally along the strut base member direction from a frame member first end (labeled below) to a frame member second end (labeled below), and wherein the strut and the frame member are configured to retain an end of a panel member (labeled below); and
a notch (labeled below) formed through the strut and the frame member at one of the strut first end and the frame member first end or the strut second end and the frame member second end, wherein the notch is configured to receive a plate member (labeled below) of a connecting frame member (labeled below), and wherein a first portion of the first strut extension (labeled below) is adjacent to an interior side of the plate member and a second portion of the first strut extension (labeled below) is adjacent to an exterior side of the plate member.
With respect to claim 4, the strut further comprises a panel-retaining wall (labeled below), and wherein the frame member comprises a frame wall member (labeled below) spaced apart from the panel-retaining wall and defining a panel-retaining channel (labeled below) configured to fixedly hold the end of the panel member.
With respect to claim 20, the frame member further comprises a first crimp member (labeled below) and a second crimp member (labeled below) each comprising a deformable tab, as shown in figure 12, configured to hold or mate with a respective one of the first strut extension and the second strut extension to hold the strut within the frame member.
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Claims 10, 11, 13-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/018454.
With respect to claim 10, WO 2019/018454 discloses a sliding panel system, comprising:
a first panel member 146 (fig. 6) positioned on a first track (not numbered, but shown as one of the tracks of 111a as shown in figure 2) of the sliding panel system;
a second panel member 146 positioned on a second track (not numbered, but shown as one of the tracks of 111a as shown in figure 2) of the sliding panel system, wherein the second panel member 146 is movable on the second track relative to the first panel member 146;
a first interlock assembly 162 (fig. 6) on the first panel member 146 comprising:
a first strut 164 (fig. 6) having a first strut base member (labeled below) extending along a first direction comprising the direction into the page as shown in figure 6 and labeled below, a first strut extension (labeled below) extending perpendicular to the first direction since the first strut extension extends at a 90 degree angle with respect to the first strut extension as shown in figure 6, and a second strut extension (labeled below) extending parallel to the first direction since the second strut extension extends into the page as does the first strut base member;
a first frame member 166, 168 (fig. 6) fixedly attached to the first strut 164;
wherein the first strut 164 extends longitudinally along the first direction
from a first strut first end (labeled below) to a first strut second end (labeled below), and wherein the first frame member extends longitudinally along the first direction from a first frame member first end (labeled below) to a first frame member second end (labeled below), and wherein the first strut 164 and the first frame member 166, 168 are configured to retain an end of the first panel member 146; and
a first notch (labeled below) formed through the first strut 164 and the first
frame member 166, 168 at one of the first strut first end and the first frame member first end or the first strut second end and the first frame member second end, wherein the first notch is configured to receive a first plate member (labeled below) of a first connecting frame member 152, and wherein a first portion of the first strut extension (labeled below) is adjacent to an interior side of the first plate member and a second portion of the first strut extension (labeled below) is adjacent to an exterior side of the first plate member; and
a second interlock assembly 162 on the second panel member 146 comprising:
a second strut 164 having a second strut base member (labeled below)
extending along a second direction (labeled below), a third strut (labeled below) extension extending perpendicular to the second direction since the third strut extension extends at a 90 degree angle with respect to the second strut extension as shown in figure 6, and a fourth strut extension (labeled below) extending parallel to the second direction since the fourth strut extension extends into the page as does the second strut base member;
a second frame member 166, 168 fixedly attached to the second strut;
wherein the second strut extends along the second direction longitudinally
from a second strut first end (labeled below) to a second strut second end (labeled below), and wherein the second frame member 166, 168 extends longitudinally from a second frame member first end (labeled below) to a second frame member second end (labeled below), and wherein the second strut and the second frame member 166, 168 are configured to retain an end of the second panel member 146; and
a second notch (labeled below) formed through the second strut and the
second frame member 166, 168 at one of the second strut first end and the second frame member first end or the second strut second end and the second frame member second end, wherein the second notch is configured to receive a second plate member (labeled below) of a second connecting frame member 152, and wherein a first portion of the third strut extension (labeled below) is adjacent to an interior side of the second plate member and a second portion of the third strut extension (labeled below) is adjacent to an exterior side of the second plate member;
wherein a first strut hook member 186 of the first interlock assembly and a second strut hook member 186 of the second interlock assembly are configured to seal a gap between the first panel member and the second panel member when the second panel member is moved to a closed position.
With respect to claim 11, the first strut hook member 186 comprises a hook shape as shown in figure 6 configured to sealingly connect with the second strut hook member 186 as shown in figure 6 of the second interlock assembly, wherein the first strut hook member and the second strut hook member have identical shapes rotated 180 degrees as shown in figure 6.
With respect to claim 13, each of the first strut 164 and the second strut 164 further comprises a respective panel-retaining wall (labeled below), and wherein each of the first frame member 166, 168 and the second frame member 166, 168 comprises a respective frame wall member (labeled below) spaced apart from the respective panel-retaining wall and defining a respective first panel-retaining channel and second panel-retaining channel configured to fixedly hold the end of the first panel member and the second panel member respectively.
With respect to claim 14, the first interlock assembly 162 and the second interlock assembly 162 define an opposing pair of interlock assemblies, wherein the first interlock assembly 162 and the second interlock assembly 162 have a same configuration, such that the first interlock assembly or the second interlock assembly is configured for use on either side of the opposing pair of interlock assemblies.
With respect to claim 15, wherein the first interlock assembly 162 has a first longitudinal axis (labeled below) and the second interlock assembly 162 has a second longitudinal axis (labeled below), wherein the first interlock assembly 162 is rotated 180 degrees about the first longitudinal axis relative to a rotational position of the second interlock assembly 162 about the second longitudinal axis.
With respect to claim 17, one side of each of the first strut hook member 186 includes a first groove 188 (fig. 7) configured to removably hold a first weatherstrip material (labeled below) and wherein the second strut hook member 186 further includes a second groove 188 configured to removably hold a second weatherstrip material (labeled below).
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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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bruchu et al. as applied to claim 1 above.
Bruchu et al. discloses that the strut 1050 comprises a first material as shown by the cross sectional shading in figure 50, and the frame member 1056 comprises a second material as shown by the cross sectional shading in figure 50.
However, Bruchu et al. is silent concerning the thermal conductivity of the first and second materials.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to, through an obvious matter of engineering design choice as determined through routine experimentation and optimization, provide the first material of Bruchu et al. with a first thermal conductivity which is less than a thermal conductivity of the second material of Bruchu et al., with a reasonable expectation of success, to reduce the amount of heat transfer from the environment outside of the window to the environment inside the window.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over FR 1,374,903 as applied to claims 1, 4 and 20 above.
With respect to claim 7, FR 1,374,903 discloses that the strut base member is positioned between the frame member and the end of the panel member (labeled below), wherein the strut base member contacts the end of the panel member, as shown in figure 3, and the panel-retaining wall of the strut contacts a portion of an interior surface of the panel member, as shown in figure 3.
However, FR 1,374,903 is silent concerning the thermal conductivity of the strut and the frame member.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to, through an obvious matter of engineering design choice as determined through routine experimentation and optimization, to provide the strut of FR 1,374,903 with a lower thermal conductivity than the thermal conductivity of the frame member of FR 1,374,903, with a reasonable expectation of success, to reduce the amount of heat transfer from the environment outside of the window to the environment inside the window.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/018454 as applied to claims 10, 11, 13-15 and 17 above.
WO 2019/018454 discloses that each of the first strut 164 and the second strut 164 comprises a first material having a first thermal conductivity, and each of the first frame member 166, 168 and the second frame member 166, 168 comprises a second material having a second thermal conductivity.
WO 2019/018454 is silent concerning the first thermal conductivity being less than the second thermal conductivity.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to, through an obvious matter of engineering design choice as determined through routine experimentation and optimization, to provide the first and second struts of WO 2019/018454 with a lower thermal conductivity than the thermal conductivity of the first and second frame members of WO 2019/018454, with a reasonable expectation of success, to reduce the amount of heat transfer from the environment outside of the window to the environment inside the window.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/018454 as applied to claims 10, 11, 13-15 and 17 above.
WO 2019/018454 discloses that the first strut base member is positioned between the first frame member 166, 168 and the end of the first panel member 146, wherein the first strut base member contacts the end of the first panel member 146 and the respective panel-retaining wall of the first strut contacts a portion of an interior surface of the first panel member 146; and wherein the second strut base member is positioned between the second frame member 166, 168 and the end of the second panel member 146, wherein the second strut base member contacts the end of the second panel member 146 and the respective panel-retaining wall of the second strut contacts a portion of an interior surface of the second panel member 146.
WO 2019/018454 is silent concerning the first strut having a lower thermal conductivity than the first frame member and the second strut having a lower thermal conductivity than the second frame member.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to, through an obvious matter of engineering design choice as determined through routine experimentation and optimization, to provide the first and second struts of WO 2019/018454 with a lower thermal conductivity than the thermal conductivity of the first and second frame members of WO 2019/018454, with a reasonable expectation of success, to reduce the amount of heat transfer from the environment outside of the window to the environment inside the window.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/018454 as applied to claims 10, 11, 13-15 and 17 above, and further in view of Bruchu et al. (US 5657579). Bruchu et al. discloses a sliding panel system comprising a first interlock assembly 270a (fig. 13) and a second interlock assembly 270b (fig. 13) further including at least one securing opening (labeled below), wherein the at least one securing opening of the first interlock assembly and the second interlock assembly includes a screw hole (labeled below) to attach additional components to the first interlock assembly and the second interlock assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide WO 2019/018454 with securing openings and screw holes, as taught by Bruchu et al., with a reasonable expectation of success to attach a locking assembly to the sliding panel system.
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Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over FR 1,374,903 as applied to claims 1, 4 and 20 above.
With respect to claim 19, FR 1,374,903 further discloses that the strut further comprises a strut hook member (labeled below) including an interlock member (labeled below) spaced apart from a panel-retaining wall to define an interlock groove (labeled below).
FR 1,374,903 is silent concerning the angle at which the interlock member extends from the strut base member.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to, through an obvious matter of engineering design choice as determined through routine experimentation and optimization, to position the interlock member of FR 1,374,903 such that the interlock member extends from the strut base member at an angle in a range of 20 degrees to 40 degrees relative to the panel-retaining wall with a reasonable expectation of success to more securely hold the panel within the strut.
Response to Arguments
Applicant's arguments filed September 3, 2026 have been fully considered but they are not moot in view of the new grounds of rejection.
Conclusion
THIS ACTION IS NOT MADE FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
