DETAILED ACTION
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 as failing to comply with 37 CFR 1.84(p)(4) because reference character “196” has been used to designate “front end”, blade end”, first end”, and “end”. 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.
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 9-13 and 16-20 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.
Claim 9 recites that the louver assembly complies with standards “equivalent to those specified for storm shelter design and construction, as verified through third-party testing and certification by recognized services, enabling its application in structures designed for severe weather protection”, which is confusing, as there are numerous standards specified for storm shelter design and construction enabling application in structures designed for severe weather protection.
Claim 10 recites the louver assembly conforms to the Air Movement and Control Association’s (AMCA) specification for static water penetration resistance, achieving a Beginning Point of Water Penetration at a wind velocity of 1250 feet per minute, which is confusing. What is the specific AMCA standard number and revision?
Claim 11 recites the louver assembly meets the requirements of the dynamic water test for louver products, demonstrating a water rejection rate exceeding 99% in tests conducted at wind speeds of both 29 miles per hour and 50 miles per hour, which is confusing. What is the specific test standard number and revision?
Claim 12 recites the louver assembly adheres to the high-velocity wind-driven rain resistance standard, allowing no more than 1% of the total water volume sprayed during testing to penetrate beyond the louver, which is confusing. What is the specific standard number and revision?
Claim 13 recites the louver assembly meets the criteria for resistance to wind-borne debris at Missile Level E, as defined in the relevant AMCA standard, which is confusing. What is the specific AMVCA standard number and revision?
Claim 16 recites that the louver assembly complies with standards “equivalent to those specified for storm shelter design and construction, as verified through third-party testing and certification by recognized services, enabling its application in structures designed for severe weather protection”, which is confusing, as there are numerous standards specified for storm shelter design and construction enabling application in structures designed for severe weather protection.
Claim 17 recites the louver assembly conforms to the Air Movement and Control Association’s (AMCA) specification for static water penetration resistance, achieving a Beginning Point of Water Penetration at a wind velocity of 1250 feet per minute, which is confusing. What is the specific AMCA standard number and revision?
Claim 18 recites louver assembly meets the requirements of the dynamic water test for louver products, demonstrating a water rejection rate exceeding 99% in tests conducted at wind speeds of both 29 miles per hour and 50 miles per hour which is confusing. What are “the” requirements to be met?
Claim 19 recites the louver assembly adheres to the high-velocity wind-driven rain resistance standard, allowing no more than 1% of the total water volume sprayed during testing to penetrate beyond the louver, which is confusing. What is the specific standard number and revision?
Claim 20 recites the louver assembly meets the criteria for resistance to wind-borne debris at Missile Level E, as defined in the relevant AMCA standard, which is confusing. What is the specific AMVCA standard number and revision?
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.
Claims 7-13 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lentz (4,958,555).
7. Lentz, figs. 1-2, teaches an exterior frame; and
a plurality of chevron-shaped exterior louver blades (blades 12 are chevron because they V-shaped), wherein each exterior louver blade extends from a first (left) end to a second (right) end, with an apex located therebetween (in the middle, fig. 1), wherein each exterior louver blade defines a fastener receptacle 12d, located between the apex and the second end, facilitating attachment of each exterior louver blade to the exterior frame, col. 3, lines 8-10, wherein each of the exterior louver blades is free from a fastener receptacle proximate a front end of each blade because each of blade is free from a fastener receptacle proximate, or immediate, a front end of each blade, as receptacle 12c is half way between the front end and the apex, not immediate or proximate the front end.
8. Lentz teaches the louver assembly of claim 7, Lentz further teaching the louver assembly is configured to withstanding a structural loading of greater than 350 pounds per square foot because it is a robust exterior building louver, and depending on where on the frame the load was applied, the louver could withstand the load.
9. Lentz teaches the louver assembly of claim 8, Lentz further teaching, as best understood, the louver assembly is configured to be used for severe weather protection, depending on the severity and location.
10. Lentz teaches the louver assembly of claim 8, Lentz further teaching, as best understood, the louver assembly is configured to reduce static water penetration, abstract.
11. Lentz teaches the louver assembly of claim 8, Lentz further teaching, as best understood, the louver assembly is configured to reject water, abstract.
12. Lentz teaches the louver assembly of claim 8, Lentz further teaching, as best understood, the louver assembly is configured to resist high-velocity wind-driven rain at least because the rain would be resisted by angled face 12a.
13. Lentz teaches the louver assembly of claim 8, Lentz further teaching, as best understood, the louver assembly is configured to resist wind-borne debris because it is made of durable 6063-T5 alloy aluminum.
Claims 14-20 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arrow United Industries EA-631-D (December 2020).
14. Arrow United Industries EA-631-D (AUI) teaches a louver assembly comprising:
an exterior frame including an exterior sill, exterior jambs, and an exterior head, figs. 1,2,7;
a plurality of exterior louver blades (the front chevron blades on the left in the top figure) arranged in parallel and mechanically coupled to the exterior frame in a first orientation (left to right as installed); and a plurality of interior louver blades (the back blades on the right in the top figure) arranged in parallel and mechanically coupled to the exterior frame in a second orientation (up and down), wherein the second orientation is substantially orthogonal to the first orientation.
15. AUI in view of Daniel teaches the louver assembly of claim 14, AUI further teaching the louver assembly is configured to withstanding a structural loading of greater than 350 pounds per square foot because it is a robust exterior building louver, and depending on where on the frame the load was applied, the louver could withstand the load.
16. AUI in view of Daniel teaches the louver assembly of claim 14, AUI further teaching, as best understood, the louver assembly is configured to be used for severe weather protection, depending on the severity and location.
17. AUI in view of Daniel teaches the louver assembly of claim 14, AUI further teaching, as best understood, the louver assembly is configured to reduce static water penetration, abstract.
18. AUI in view of Daniel teaches the louver assembly of claim 14, AUI further teaching, as best understood, the louver assembly is configured reject wind driven water because it is deflected by wall 12a.
19. AUI in view of Daniel teaches the louver assembly of claim 14, AUI further teaching, as best understood, the louver assembly is configured to resist high-velocity wind-driven rain at least because the rain would be resisted by angled face 12a.
20. AUI in view of Daniel teaches the louver assembly of claim 14, AUI further teaching, as best understood, the louver assembly is configured to resist wind-borne debris because it is made of durable 6063-T5 alloy aluminum.
Claim Rejections - 35 USC § 103
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 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 1-6 - are rejected under 35 U.S.C. 103 as being unpatentable over Arrow United Industries EA-631-D in view of Daniel (7,686,862).
Arrow United Industries EA-631-D (AUI) teaches a louver assembly comprising:
a frame (“frame”),
a first plurality of blades (the front chevron blades on the left in the top figure) secured to the frame, the first plurality of blades being spaced apart and extending parallel to each other in a first direction (left to right as installed), the first plurality of blades having a chevron-shape,
a second plurality of blades (the back blades on the right in the top figure) secured to the frame, the second plurality of blades being spaced apart and extending parallel to each other in a second direction orthogonal to the first direction, the second plurality of blades having an arc-shape (see the bottom figure).
While AUI teaches compliance to “Standard 550” and “AMCA Standard 500-L”, AUI does not expressly teach the specific Standard revision or the specific test protocol, and AUI does not teach the second plurality of blades having an arc-shape. Daniel, fig. 1, teaches blades having an arc-shape. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the second plurality of blades to have an arc-shape “for removing liquids entrained in a gas stream, abstract, and it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to meet the most current revision of the standards, and to meet the claimed minimum impact and moisture penetration test thresholds to maximize louver strength, moisture blockage, and marketability.
2. AUI in view of Daniel teaches the louver assembly of claim 1, AUI further teaching the louver assembly is configured to withstanding a structural loading of greater than 300 pounds per square foot because it is an impact resistant louver, and depending on where on the frame the load was applied, the louver could withstand the load.
3. AUI in view of Daniel teaches the louver assembly of claim 1, AUI further teaching the minimum impact resistance threshold is defined by ICC-500, but AUI does not expressly teach the specific Standard revision. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to meet the most current revision of the standard to maximize louver strength, moisture blockage, and marketability.
4. AUI in view of Daniel teaches the louver assembly of claim 1, AUI further teaching (AMCA) 511 compliance, but does not expressly teach the specific Standard revision. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to meet the most current revision of the standard to maximize louver strength, moisture blockage, and marketability.
5. AUI in view of Daniel teaches the louver assembly of claim 1, AUI further teaching (AMCA) 500 compliance, but does not expressly teach the specific Standard revision. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to meet the most current revision of the standard to maximize louver strength, moisture blockage, and marketability.
6. AUI in view of Daniel teaches the louver assembly of claim 1, AUI further teaching (AMCA) 550 compliance, but does not expressly teach the specific Standard revision. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to meet the most current revision of the standard to maximize louver strength, moisture blockage, and marketability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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