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 .
The following final office action is in response to the reply filed July 9, 2026.
Drawings
The drawing correction filed July 9, 2026 has been approved.
However, the drawings are still objected to because figure 7 is not shown with the proper cross sectional shading as set forth in MPEP 608.02(IX). Note that the two track base assembly 102 and the frame of the third panel 107 require the proper cross sectional shading.
Additionally, the drawings are newly objected to for failing to comply with 37 CFR 1.84(p)(4) because reference character “141” has been used to designate both an outer wall of the single track 136 in figure 6 and a roller wheel in figure 7. 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. 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.
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.
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 5-9 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 “outermost surfaces” on line 4 of claim 5 render the claims indefinite because it is unclear if the applicant is referring to the outermost surfaces set forth above or is attempting to set forth additional outermost surfaces in addition to the ones set forth above.
Recitations such as “the end channel frame outer wall of the end channel frame member comprises the first outer wall single track assembly comprises an outer wall of an end channel frame member of the single track assembly” on lines 2-3 of claim 7 render the claims indefinite because it is unclear what the applicant is attempting to set forth. It is unclear what element(s) of the invention comprises the first outer wall single track assembly.
Recitations such as “end channel frame outer wall” on line 4 of claim 9 render the claims indefinite because it is unclear if the applicant is referring to the end channel frame outer wall set forth on line 4 of claim 5 or if the applicant is attempting to set forth another end channel frame outer wall in addition to the one set forth above.
Recitations such as “outermost surfaces” on line 5 of claim 9 render the claims indefinite because it is unclear if the applicant is referring to the outermost surfaces set forth above or is attempting to set forth additional outermost surfaces in addition to the ones set forth above.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez (US 11492832) in view of Morse et al. (US 2024/0344384). Hernandez discloses a sill assembly 101 (fig. 3) for a multi-panel system, comprising:
a two-track base assembly (labeled below) having a first track portion (labeled below) and a second track portion (labeled below);
a first outer wall (labeled below);
a second outer wall (labeled below) opposite the first outer wall (note that the panel assembly 100 can include one movable panel and one fixed panel as set forth on lines 5-7 of column 9, thus, the sill assembly 101 would only have two tracks which would define the first and second outer walls);
a first female connector member (labeled below) extending from the first outer wall;
a second female connector member (labeled below) extending from the second outer wall.
Hernandez is silent concerning the first and second female connector elements extending inwardly from the outer walls and the first outer wall and the second outer wall define outermost surfaces of the sill assembly.
However, Morse et al. discloses a sill assembly comprising female connector member (labeled below) extending inwardly from an outer wall (labeled below) wherein the outer wall defines the outermost surface of the sill assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Hernandez with continuous outer walls wherein the first and second female connector members extend inwardly therefrom, as taught by Morse et al., with a reasonable expectation of success to increase the strength of the sill assembly and to increase the strength of the connections between adjacent base assembly elements.
With respect to claim 2, wherein the first track portion comprises an end channel frame member (labeled below) connected to an intermediate support/channel frame member (labeled below) via a first strut (labeled below), and wherein the second track portion includes the intermediate support/channel frame member connected to an end support frame member (labeled below) via a second strut 316.
With respect to claim 3, an end channel frame outer wall (labeled below as the first outer wall) of the end channel frame member comprises the first outer wall, and an end support frame outer wall (labeled below as the second outer wall) of the end support frame member comprises the second outer wall.
With respect to claim 4, a top surface (not numbered, but shown in figure 3) of both the first strut (labeled below) and the second strut 316 is at or below a plane corresponding to a top surface (labeled below) of the sill assembly.
With respect to claim 5, further comprising a single track assembly (labeled below) connected to the two-track base assembly, wherein when the single track assembly is connected to the two-track base assembly, the first outer wall of the two-track base assembly and an end channel frame outer wall (labeled below) of the single track assembly define outermost surfaces of the sill assembly.
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Claims 5-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Cook (US 2013/0097934) in view of Schmiedeknecht (US 2025/0179864).
With respect to claim 5, Cook discloses a sill assembly for a multi-panel system, comprising:
a two-track base assembly (not numbered, but shown in figure 6) having a first track portion 602 and a second track portion 604
a first outer wall (labeled below);
a second outer wall (labeled below) opposite the first outer wall;
a first female connector member (labeled below) extending inwardly from the first outer wall;
a second male connector member (labeled below) extending outwardly from the second outer wall; and
wherein the first outer wall and the second outer wall define outermost surfaces of the sill assembly;
further comprising a single track assembly 100 (fig. 1) connected to the two-track base assembly (note that the universal door frame is configured to accommodate a variety of number of panels as set forth on lines 4-8 of paragraph 28 and lines 12-14 of paragraph 29 which would include an additional single track assembly 100), wherein when the single track assembly 100 is connected to the two-track base assembly, the first outer wall of the two-track base assembly and an end channel frame outer wall (labeled below) of the single track assembly define outermost surfaces of the sill assembly.
Cook is silent concerning a second female connector member extending inwardly from the second outer wall.
However, Schmiedeknecht discloses a two-track base assembly having a first female connector member 39 (fig. 3) extending inwardly at a first outer wall (labeled below) and a second female connector member 39 extending inwardly at a second outer wall (labeled below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Cook with a second female connector member, as taught by Schmiedeknecht, extending inwardly from the second outer wall with a reasonable expectation of success to more easily attach an end cap (labeled below) to the sill assembly to improve the aesthetic appearance of the sill assembly and because it has been held that a mere reversal of parts is an obvious modification. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
With respect to claim 6, the single track assembly 100 includes an end channel frame member (labeled below) connected to an intermediate support connecting frame member (labeled below) via a strut (labeled below), wherein the intermediate support connecting frame member includes a male connector member 106 configured to be connected to either the first female connector member or the second female connector member of the two-track base assembly.
With respect to claim 7, the end channel frame outer wall of the end channel frame member comprises the first outer wall single track assembly 100 comprises an outer wall (labeled below) of an end channel frame member (labeled below) of the single track assembly 100.
With respect to claim 9, the single track assembly 100 comprises a first single track assembly, wherein the first single track assembly 100 comprises a third female connector member (labeled below), and further comprising a second single track assembly 100 (note that the universal door frame is configured to accommodate a variety of number of panels as set forth on lines 4-8 of paragraph 28 and lines 12-14 of paragraph 29 which would include an additional second single track assembly 100) connected to the first single track assembly 100, wherein end channel frame outer walls of the first single track assembly 100 and the second single track assembly 100 define outermost surfaces of the sill assembly.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cook in view of Schmiedeknecht as applied to claims 5-7 and 9 above, and further in view of Morse et al. (US 2024/0344384). Morse et al. discloses a sill assembly comprising a male connector member (labeled below) of a single track assembly 51 (fig. 6) comprises a downwardly curved body as shown in figure 6, and wherein a female connector member (labeled below) comprises a downwardly curved groove (labeled below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the connector members of Cook, as modified above, with curved connector members, as taught by Morse et al., with a reasonable expectation of success to enable a user to assembly the sill assembly without having to slide each sill component longitudinally relative to the other sill component(s).
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Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez (US 11492832) in view of Morse et al. (US 2024/0344384). Hernandez discloses a multi-slide panel system, comprising: a sill assembly 101 (fig. 3) including:
a two-track base assembly (labeled below) having a first track portion (labeled below) and a second track portion (labeled below);
a first outer wall (labeled below);
a second outer wall (labeled below) opposite the first outer wall;
a first female connector member (labeled below) extending from the first outer wall;
a second female connector member (labeled below) extending from the second outer wall; and
wherein the first outer wall and the second outer wall define surfaces of the sill assembly as shown in figure 3; and
a first panel member 102 (fig. 1) positioned on a first track 200 (fig. 3) of the sill assembly; and
a second panel member 102 (fig. 1, note there are two panel members 102 in figure 1) positioned on a second track 200 (fig. 3) of the sill assembly, wherein the second panel member is movable on the second track relative to the first panel member since both the first and second panel members 102 are movable as set forth on line 12 of column 9.
Hernandez is silent concerning the first and second female connector elements extending inwardly from the outer walls and the first outer wall and the second outer wall define outermost surfaces of the sill assembly.
However, Morse et al. discloses a sill assembly comprising female connector member (labeled below) extending inwardly from an outer wall (labeled below) wherein the outer wall defines the outermost surface of the sill assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Hernandez with continuous outer walls wherein the first and second female connector members extend inwardly therefrom, as taught by Morse et al., with a reasonable expectation of success to increase the strength of the sill assembly and to increase the strength of the connections between adjacent base assembly elements.
With respect to claim 11, wherein the first track portion comprises an end channel frame member (labeled below) connected to an intermediate support/channel frame member (labeled below) via a first strut (labeled below), and wherein the second track portion includes the intermediate support/channel frame member connected to an end support frame member (labeled below) via a second strut 316.
With respect to claim 12, an end channel frame outer wall (labeled below as the first outer wall) of the end channel frame member comprises the first outer wall, and an end support frame outer wall (labeled below as the second outer wall) of the end support frame member comprises the second outer wall.
With respect to claim 13, wherein a top surface of both the first strut and the second strut (not numbered, but shown in figure 3) is at or below a plane corresponding to a top surface (labeled below) of the sill assembly.
With respect to claim 14, further comprising a single track assembly (labeled below) connected to the two-track base assembly.
With respect to claim 15, the single track assembly includes an end channel frame member (labeled below) connected to an intermediate support connecting frame member (labeled below) via a strut 340, wherein the intermediate support connecting frame member includes a male connector member 320 configured to be connected to either the first female connector member or the second female connector member of the two-track base assembly.
With respect to claim 16, an end channel frame outer wall (labeled below as the first outer wall) of the end channel frame member comprises the first outer wall.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hernandez in view of Morse et al. as applied to claims 10-16 above.
Hernandez, as modified above discloses that the male connector member 320 of the single track assembly comprises a downwardly extending body (labeled above), and wherein the first female connector member and the second female connector member of the two-track base assembly comprise a downwardly extending groove (labeled above), but is silent concerning curved members.
However, Morse et al. further discloses a male connector member comprising a downwardly curved body (labeled below) and a female connector member comprising a downwardly curved groove (labeled below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Hernandez, as modified above, with downwardly curved male connector members and downwardly curved female connector members, as taught by Morse et al., with a reasonable expectation of success to provide a more secure attachment between the sill assemblies and to aid in the assembly of the sill assemblies.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hernandez in view of Morse et al. as applied to claims 10-16 above.
Hernandez discloses that the single track assembly comprises a first single track assembly, wherein the first single track assembly comprises a third female connector member (labeled below), but is silent concerning a second single track assembly connected to the first single track assembly.
However, Morse et al. further discloses a sill assembly comprising a single track assembly 54 (fig. 4B) comprising a first single track assembly 54, and further comprising a second single track assembly 54 (fig. 4B) connected to the first single track assembly 54.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Hernandez, as modified above, with a second single track assembly, as taught by Morse et al., with a reasonable expectation of success to enable a user to increase the number of panels that can be supported by the sill assembly.
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Response to Arguments
Applicant's arguments filed July 9, 2026 have been fully considered but they are not persuasive.
The applicant argues that Hernandez fails to disclose female connecting members extending inwardly from outer walls that define outermost surfaces of the sill assembly. This is not found to be persuasive. It should be noted that the use of butterfly keys does not prevent Hernandez from disclosing female connectors. The female connectors merely comprise the structures into which the keys are inserted.
With respect to the applicant’s argument that Hernandez fails to disclose female connectors extending inwardly from outer walls that define outermost surfaces of the sill assembly, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
With respect to the applicant’s argument that Hernandez fails to disclose outer walls that define outermost surfaces, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Next, the applicant argues that Morse et al. discloses protrusions 90, 94 of a thermal break 70 rather than female connectors on outer walls of a two-track base assembly. This is not found to be persuasive because Morse et al. discloses an outer wall including a downwardly curved female connector labeled above in annotated figure 6 of Morse et al. The examiner is relying on this structure rather than the protrusions 90, 94 of Morse et al., as argued by the applicant.
With respect to the applicant argument that there is no motivation to combine the teachings of Hernandez and Morse et al., the examiner respectfully disagrees. The rationale to modify or combine the prior art does not have be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). Since the applicant has failed to address the reasoning/rationale supplied by the examiner as to why the modification would have been obvious, the applicant’s arguments are not persuasive.
Finally, it should be noted that the examiner is relying on the entire track 54a as shown in figures 5 and 6 of Morse et al. and not the structure of the thermal break 70. The thermal break 70 of Morse et al. is merely a part of the overall structure of the track 54a which clearly includes a female connector disposed in an outermost wall of the track 54a as labeled above. The rejection based on the teachings of Hernadez and Morse et al. would merely fill in the indentation in the outer wall of Hernandez with more material such that the female connectors would extend inwardly from the outer wall. See annotated figure 3 of Hernandez below.
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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