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 .
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 18-20 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.
Claim 18 recites “closing the sash-mount portion towards the frame-mount portion with one hand” and “removing the pin with the other hand”. It is unclear if the limitation are intended to positively recite the hands, and thus a person. Examiner suggests language such as “removing the pin from the slot, wherein the removing is capable of being done by the other hand” or the like to make it clear the hand is not positively recited. For purposes of examination claim will be read as not positively reciting a hand/person (i.e. capable of being closed/removed by a hand).
Dependent claims are rejected as depending from a rejected claim.
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.
Claim(s) 1, 4, 6, 9, 12, 13, 16, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US patent 9428945 to Nguyen (hereinafter Nguyen).
Regarding claim 1, 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.
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 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, 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.
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 claims 18 and 19, as best understood, the method steps would inevitably follow the apparatus as recited 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.
Claim(s) 2, 5, 14, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen in view of US PG Pub 2013/0283696 to Zhang (hereinafter Zhang).
Regarding claims 2 and 14, the slot (with 208,220) comprises two fingers (208 and finger with 222) in Nguyen.
However, Nguyen does not teach one of the fingers being flexible.
A flexible finger is shown in Zhang in figures 1-9 where a slot (between 24 and 25) includes a flexible 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 finger because a flexible 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 claims 5 and 17, when provided with the flexible 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 claim 20, 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 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 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 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 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 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 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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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
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