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
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one finger pivoting of claims 1, 13, and 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Examiner notes only the flexible finger is shown as noted in paragraph [0099] with figure 28 being flexed and figures 12-14 and 27 showing only a unitary flexible finger with no pivot joint.
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 Objections
Claims 1, 13, and 18 objected to because of the following informalities:
Claims 1, 13, and 18 all recite at least one of the fingers pivoting/being pivotable. As noted in the above drawing objections the pivoting finger is not shown, only the flexible finger. The original disclosure in paragraphs [0005], [00007], [0024], and [0026] includes only recitations similar to previous claim 2, i.e. at least one finger is flexible or pivotable, which could be two words being used to describe the same feature, i.e. the shown flexible finger. Paragraphs [0031], [0086], [0087], [0099], and [0100] describe only the flexible finger. Only paragraph [0085] appears to describe the pivoting as a separate alternative to flexible as opposed to an alternate term form flexible, i.e. describes the flexible finger and then alternatively pivoting. While paragraph [0085] does describe the pivoting as an alternative to flexible, the paragraph includes no details of the pivoting. As such it is unclear what the scope of pivoting is, i.e. what distinguishes the unshown and undescribed pivoting finger from the shown and described flexible finger, since the flexible finger could be considered as pivoting as shown in figure 28. Examiner notes that only the method of flexing is described in the original disclosure in paragraph [0031] with no alternative for pivoting method disclosed. Claim limitations will be interpreted broadly as flexible pivoting in keeping with the original disclosure.
Appropriate correction is required.
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) 1, 4-6, 9, 12, 13, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent 9428945 to Nguyen (hereinafter Nguyen) in view of US PG Pub 2013/0283696 to Zhang (hereinafter Zhang).
Regarding claim 1, as best understood, the window opening control device is shown in Nguyen in the embodiment of figures 7-10 (with generic details from figures 1-6 and 11-31) with
a frame portion comprising:
a frame-mount portion (192) for coupling to a window frame (112); and
a frame arm (190) pivotably coupled to the frame-mount portion (192), wherein the frame arm (190) comprises one of a slot (with 208,220), wherein the pin (198) is shaped to fit within the slot (with 208,220); and
a sash portion comprising:
a sash-mount portion (188) for coupling to a window sash (114); and
a sash arm (186) pivotably coupled to the sash-mount portion (188), wherein the sash arm (186) comprises the pin (198), wherein the frame (190) and sash (186) arms are movable between an unlocked position in which the pin (198) is outside the slot (with 208,220), and a locked position in which the pin is secured in the slot, wherein the arm (190) that comprises the slot (with 208,220) further comprises a notch (open end allowing access into slot, see figure 9) for permitting the pin (198) to slide therethrough and into the slot, and wherein the pin (198) is slidable to a locked end of the slot when the frame (190) and sash (186) arms are in the locked position, wherein the arm comprising the slot (with 208,220) comprises two fingers (208 and finger with 222).
However, Nguyen does not teach one of the fingers being flexible/pivotable.
A flexible/pivoting finger is shown in Zhang in figures 1-9 where a slot (between 24 and 25) includes a flexible/pivoting finger.
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 window opening control device or window assembly therewith of Nguyen with a flexible/pivoting finger because a flexible/pivoting finger provides the known benefit of limiting movement of the pin into and out of the slot (further taught in Zhang paragraph [0026]) and thereby can improve safety by limiting accidental removal of the pin.
Regarding claim 4, the frame arm (190) with slot (with 208,220) includes a sleeve (206) that in a protected position (positions shown figures 9-10) covers the notch (i.e. prevents access to the slot by at least partially covering the entrance notch) and an unprotected position (further taught column 9 lines 10-29) in which the notch is exposed in Nguyen.
Regarding claim 5, when provided with the flexible/pivoting finger of Zhang, the notch would be sized to prevent the pin (198) from exiting the slot when the flexible finger is unflexed (i.e. the flexible finger would be more towards the other finger thereby narrowing the notch) in Nguyen.
Regarding 6, the pin (198) and the slot (with 208,220) are positioned (via biasing members on arms) such that the frame and sash arms automatically return to the locked position when the window frame is closed against the window sash (further taught column 3 lines 12-37) in Nguyen.
Regarding claim 9, at least one spring (biasing member 194) connecting at least one of the arms (sash arm 186) to at least one of the frame-mount and sash-mount portions (the sash mount 188), respectively, wherein the at least one spring biases an end of the at least one of the arms away from the at least one of the frame-mount and sash-mount portions (biases arm to extended position to allow for automatic reengaging of device on closing), respectively in Nguyen.
Regarding claim 12, the CTC standard of opening less than 4 inches (further taught column 1 lines 64-67) is applied in Nguyen.
Regarding claim 13, as best understood, the window assembly is shown in Nguyen in the embodiment of figures 7-10 (with generic details from figures 1-6 and 11-31) with
a window frame (112);
a window sash (114); and
a window opening control device (100), comprising:
a frame portion comprising:
a frame-mount portion (192) coupled to the window frame (112); and
a frame arm (190) pivotably coupled to the frame-mount portion (192), wherein the frame arm (190) comprises one of a slot (with 208,220), wherein the pin (198) is shaped to fit within the slot (with 208,220); and
a sash portion comprising:
a sash-mount portion (188) coupled to the window sash (114); and
a sash arm (186) pivotably coupled to the sash-mount portion (188), wherein the sash arm (186) comprises the pin (198), wherein the frame (190) and sash (186) arms are movable between an unlocked position in which the pin (198) is outside the slot (with 208,220), and a locked position in which the pin is secured in the slot, wherein the arm (190) that comprises the slot (with 208,220) further comprises a notch (open end allowing access into slot, see figure 9) for permitting the pin (198) to slide therethrough and into the slot, wherein the pin (198) is slidable to a locked end of the slot when the frame (190) and sash (186) arms are in the locked position, wherein the arm comprising the slot (with 208,220) comprises two fingers (208 and finger with 222).
However, Nguyen does not teach one of the fingers being flexible/pivoting.
A flexible/pivoting finger is shown in Zhang in figures 1-9 where a slot (between 24 and 25) includes a flexible/pivoting finger.
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 window opening control device or window assembly therewith of Nguyen with a flexible/pivoting finger because a flexible/pivoting finger provides the known benefit of limiting movement of the pin into and out of the slot (further taught in Zhang paragraph [0026]) and thereby can improve safety by limiting accidental removal of the pin.
Regarding claim 16, the frame arm (190) with slot (with 208,220) includes a sleeve (206) that in a protected position (positions shown figures 9-10) covers the notch (i.e. prevents access to the slot by at least partially covering the entrance notch) and an unprotected position (further taught column 9 lines 10-29) in which the notch is exposed in Nguyen.
Regarding claim 17, when provided with the flexible/pivoting finger of Zhang, the notch would be sized to prevent the pin (198) from exiting the slot when the flexible finger is unflexed (i.e. the flexible finger would be more towards the other finger thereby narrowing the notch) in Nguyen.
Regarding claims 18 and 19, as best understood, the method steps would inevitably follow the apparatus as recited above.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen and Zhang as applied to claim 1 (as well as claims 4-6, 9, 12, 13, and 16-19) above, and further in view of US PG Pub 2025/0154806 to Carrier (hereinafter Carrier).
Regarding claim 7, the end of the frame arm (190) is pivotably coupled to the frame-mount portion (192), wherein one half of the end of the frame arm (190) comprises a curved edge (figure 7) to allow the frame arm to pivot about the frame-mount portion.
However, the frame mount does not have a baffle and the frame arm does not have a stop or limit surface.
A baffle and limit surface are shown in Carrier in figures 1-4 where mount portion (132) has a baffle (figure 2) and the arm (130) has a limit surface (figure 2, flat surface on upper side portion view/left side figure landscape view) that is shaped to abut against the baffle.
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 window opening control device of Nguyen, having the flexible/pivoting finger of Zhang, with the baffle and limit surface of Carrier because baffle and limit surface engagement provided the known benefit of limiting the pivoting of the arm past a desired position.
Regarding claim 8, the end of the sash arm (186) is pivotably coupled to the sash-mount portion (188), wherein one half of the end of the sash arm (186) comprises a curved edge (figure 7) to allow the sash arm to pivot about the sash-mount portion.
However, the sash mount does not have a baffle and the sash arm does not have a stop or limit surface.
A baffle and limit surface are shown in Carrier in figures 1-4 where mount portion (132) has a baffle (figure 2) and the arm (130) has a limit surface (figure 2, flat surface on upper side portion view/left side figure landscape view) that is shaped to abut against the baffle.
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 window opening control device of Nguyen with the baffle and limit surface of Carrier because baffle and limit surface engagement provided the known benefit of limiting the pivoting of the arm past a desired position.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen and Zhang as applied to claim 1 (as well as claims 4-6, 9, 12, 13, and 16-19) above, and further in view of JP 2019124093 to Iwasa (hereinafter Iwasa).
Regarding claim 10, Nguyen does not show the frame-mount having a slot for an end of the frame arm to extend through.
A frame mount with slot is shown in Iwasa in figures 1-10 where frame mount (41) has a slot (best shown in figure 8) that an end of frame arm (45) extends through (i.e. arm moves in slot).
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 window opening control device of Nguyen, having the flexible/pivoting finger of Zhang, with the frame mount with slot of Iwasa because the frame mount with slot was a known mount and provided support on both sides of the arm.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen and Zhang as applied to claim 1 (as well as claims 4-6, 9, 12, 13, and 16-19) above, and further in view of EP 1055791 to Dralle (hereinafter Dralle).
Regarding claim 11, the frame mount (192) and sash mount (188) are not pivotably coupled to each other in Nguyen, i.e. the opening limiter is not associated with the more general casement pivot arm mounts.
Pivotably connected pivot arm mounts with opening limiter are shown in Dralle in figures 1-9 where scissor or casement pivot (5) includes a frame mount (6) pivotally connected to a sash mount (7) and include a window opening limit device (8) between the mounts.
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 window opening control device of Nguyen, having the flexible/pivoting finger of Zhang, with the pivotally connected arm mounts of Dralle because the placement of the opening limit device on the more general casement pivot arm mounts limits the number of sides with arms (i.e. instead of having lower edge with general pivot arms and side edge with limiting pivot device as in figure 4 of Nguyen the limit would be integral with the lower general pivot leaving the side edge without arms).
Allowable Subject Matter
Claims 3 and 15 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.
Response to Arguments
Applicant's arguments filed 7/23/2026 have been fully considered but they are not persuasive.
In regards to applicant’s arguments directed to the 112b rejections, the amendments have resolved the previous issues.
In regards to applicant’s arguments directed to the rejection of claim 1, examiner notes as detailed above that while the term pivoting describing the finger is supported in the original disclosure there is no description of what distinguishes the flexible and pivoting fingers. Since the disclosure only supports the flexible finger in any detail beyond just the term, for purposes of examination the pivoting finger has been interpreted as a flexible finger in keeping with the disclosure. If support is found for a distinction between flexible and pivoting examiner notes a pivoting finger is shown in previously cited US patent 8726572 to Derham (hereinafter Derham) in figures 6-11 where finger (145) pivots to hold a pin (130) in a notch or allow the pin to pass through the notch.
In regards to applicant’s arguments directed to Zhang, examiner disagrees that making the finger in Nguyen flexible would require changing the principle of operation of Nguyen. Applicant appears to rely on the fact that the finger in Zhang is serving a different purpose than the finger in Nguyen in this argument. Examiner notes that the structure of Nguyen clearly shows two fingers around a notch and one of the fingers could be made flexible to provide a benefit as detailed in the above action.
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 CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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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
