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 .
Drawings
Figure 7 is objected to because the applicant has failed to use the proper cross sectional shading as set forth in MPEP 608.02(IX).
Finally, the drawings are objected to because they fail to comply with 37 CFR 1.84(l) since the lines, numbers, and letters are not sufficiently dense and dark, and uniformly thick and well-defined as to give the drawings satisfactory reproduction characteristics. For some examples, see the marked up figures below.
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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 “a single track assembly connected to the two-track base assembly” on lines 1-2 of claim 5 render the claims indefinite because it is unclear how the first outer wall and the second outer wall of the two-track base assembly can both comprise the outermost surfaces of the sill assembly when single track assembly is connected to the two-track base assembly. It would appear that when single track assembly is connected to the two-track base assembly one of the end surfaces of the single track assembly would comprise the outermost surface of the sill assembly.
Recitations such as “an end channel frame outer wall of the end channel frame member comprises the first outer wall” on lines 1-2 of claim 7 render the claims indefinite because it is unclear
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 1-4 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.
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Claims 1 and 5-7 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) (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 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.
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 5, further comprising a single track assembly (labeled below) connected to the two-track base assembly.
With respect to claim 6, wherein 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 7, wherein an end channel frame outer wall (labeled below) of the end channel frame member comprises the first outer wall when the panel assembly 100 includes two movable panels and one fixed panel as set forth on lines 5-7 of column 9, thus, the sill assembly 101 would have three tracks, as shown in figure 3, wherein one of the tracks comprises the single track assembly.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hernandez in view of Morse et al. as applied to claims 1 and 5-7 above.
Hernandez, as modified above discloses that the male connector member 320 of the single track assembly comprises a downwardly extending body (labeled below), 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 below), 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hernandez in view of Morse et al. as applied to claims 1 and 5-7 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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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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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 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.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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