DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This non-final Office action is in response to Applicant’s continuing application number 19/057,850 filed on 2/19/2025
Currently, claims 1-20 are pending and examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/17/2026 is being considered by the examiner.
Drawings
The drawings are objected to because there is no flow chart shown method steps as cited in the claims. 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 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.
Re claim 1, line 6; a citation “a first mounting bracket” is confusing and indefinite because it’s unclear whether there is “a second mounting bracket”? Clarification is required. Claims 2-10 depending upon the rejected claim 1 are also rejected. Claim 11, line 4; having the same issue as mentioned above; therefore, claims 11-20 are also rejected.
Re claim 7, lines 3-4; a phrase “which” renders the claim indefinite and confusing because it’s unclear whether “which” referring to which structure? Clarification is required. Claim 15, lines 2-3; having the same issue as mentioned is also rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
As best understood, claim(s) 1, 2, 4-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 2015/0233169 to Saunders et al. (‘Saunders’).
Re claims 1, 5: Saunders discloses a fenestration unit configured for installation in a rough opening in a structure defined by rough opening framing, the rough opening framing having an interior face and an exterior face opposite the interior face, the fenestration unit comprising: a frame 50 comprising a channel 56 (e.g. the channel 56 comprises two vertical portions and two horizontal portions); and a plurality of mounting brackets 64/66 configured to be secured to the frame 50, the plurality of mounting brackets 64/66 comprising a first mounting bracket 64, the first mounting bracket 64 comprising: a first leg (i.e. a vertical portion) comprising a foot 72 configured to be received in the channel 56 to secure the first mounting bracket 64 to the frame 50; and a second leg (i.e. a horizontal portion, wherein 64 points to, Fig. 3) coupled to the first leg, the second leg angularly offset from the first leg and configured to abut the interior face of the rough opening framing 12 (Fig. 1); wherein the first leg is integrally formed with the second leg.
Re claim 2: wherein the frame 50 further comprises a sidewall (i.e. next to 56) defining the channel 56, the sidewall comprising a slot (i.e. wherein 56 points to), and the foot 72 being received in the slot (Fig. 3).
Re claims 4, 10: further comprising an installation stabilizer system 86 (Fig. 21) coupled to the frame 50 and operable to exert a retention force on the rough opening framing to maintain positive engagement of the fenestration unit with the rough opening framing and resist extraction of the fenestration unit from the rough opening upon insertion of the fenestration unit in the rough opening.
Re claim 6: wherein the frame further comprises a sill 18, and further comprising a sill spacer 28 coupled to the sill 18 and configured to abut the rough opening framing (Fig. 1).
Re claim 7: further comprising a fin assembly 106 coupled to the frame 50, the fin assembly 106 (Fig. 10) configured to transition from a first, stowed configuration in which the fin assembly 106 projects in a direction of a front of the frame 50 and a second, deployed configuration in which the fin assembly projects outward relative to the frame 50.
Re claims 8, 9: wherein the frame 50 further comprises an exterior surface (i.e. wherein 52 points to, Fig. 2), an interior surface (i.e. wherein 24 points to) opposite the exterior surface, and a perimeter between the exterior surface and the interior surface, the channel 56 being disposed on the perimeter or on the interior surface.
Re claim 11: Sauder discloses a method of installing a fenestration unit in a rough opening in a structure defined by rough opening framing, the rough opening framing having an interior face and an exterior face opposite the interior face, the method comprising: coupling a first mounting bracket 64 to a frame 50 of the fenestration unit (Figs. 1-3) by positioning a foot 72 of a first leg (i.e. a vertical portion of the bracket) of the first mounting bracket 64 in a channel 56 of the frame 50; seating the fenestration unit in the rough opening (Fig. 1) by together translating the frame 50 and the first mounting bracket 64 in an exterior direction within the rough opening until a second leg (i.e. a horizontal of the bracket) of the first mounting bracket 64 angularly offset from the first leg is abutted against the interior face of the rough opening framing; and securing the fenestration unit to the rough opening framing (Fig. 5).
Re claim 12: wherein the frame 50 further comprises a sidewall defining the channel 56, the sidewall comprising a slot (i.e. wherein 56 points to), and positioning the foot 72 of the first mounting bracket 64 in the channel 56 comprises positioning the foot in the slot (Fig. 2).
Re claims 13, 19: wherein seating the fenestration unit in the rough opening further comprises abutting an installation stabilizer system 86 (Fig. 21) coupled to the fenestration unit against the rough opening framing such that the installation stabilizer system 86 exerts a retention force on the rough opening framing to retain the fenestration unit in the rough opening and prevent tipping of the fenestration unit in an interior direction opposite the exterior direction (Fig. 21).
Re claim 14: wherein seating the fenestration unit in the rough opening further comprises abutting a sill spacer 28 coupled to a bottom of the frame 50 against the rough opening framing.
Re claim 15: further comprising deploying a fin assembly 106 (Fig. 10) coupled to the frame 50 from a first, stowed configuration in which the fin assembly projects in the exterior direction to a second, deployed configuration in which the fin assembly projects outward relative to the frame 50.
Re claim 16: wherein the second leg comprises an aperture (i.e. wherein 72 inserted onto, Fig. 3), and wherein securing the fenestration unit to the rough opening framing comprises inserting a fastener (i.e. one of 72 serves as a fastener) in the aperture (Fig. 3).
Re claims 17, 18: wherein the frame 50 further comprises an exterior surface (i.e. wherein 52 points to, Fig. 2), an interior surface (i.e. wherein 24 points to) opposite the exterior surface, and a perimeter between the exterior surface and the interior surface, the channel 56 being disposed on the perimeter or on the interior surface.
Re claim 20: further comprising, after seating the fenestration unit in the rough opening, abutting the first mounting bracket 64 against the interior face of the rough opening framing, and securing the fenestration unit to the rough opening framing, detaching the first mounting bracket from the frame 50 (Fig. 5).
Alternatively, claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 6,895,718 to Moffatt.
Re claims 1, 3: Moffatt discloses a fenestration unit (Fig. 1) configured for installation in a rough opening in a structure defined by rough opening framing 13, the rough opening framing 13 having an interior face and an exterior face opposite the interior face, the fenestration unit comprising: a frame 10 comprising a channel (i.e. formed by 12/15); and a plurality of mounting brackets (wherein 30 points to, Fig. 1) configured to be secured to the frame 10, the plurality of mounting brackets comprising a first mounting bracket 30, the first mounting bracket 30 comprising: a first leg (near wherein 30 points to, Fig. 2) comprising a foot 39B configured to be received in the channel (Fig. 3) to secure the first mounting bracket 30 to the frame 10; and a second leg (i.e. wherein 34 points to, Fig. 2) coupled to the first leg, the second leg angularly offset from the first leg and configured to abut the interior face of the rough opening framing; wherein the foot 39B comprises an ankle portion 39A coupled to an angled toe portion (i.e. wherein near 42 points to, or a portion between 40/42, Fig. 2)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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