Prosecution Insights
Last updated: October 25, 2026
Application No. 19/176,976

TOP DRAINAGE SYSTEM FOR WINDOWS AND/OR DOORS

Non-Final OA §102§103
Filed
Apr 11, 2025
Priority
Apr 12, 2024 — provisional 63/633,296
Examiner
TRAN, PHI DIEU
Art Unit
3633
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hawkes Design And Consulting LLC
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
723 granted / 1103 resolved
+13.5% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
39 currently pending
Career history
1146
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1103 resolved cases

Office Action

§102 §103
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 § 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, 6-7, 9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Shen Jr (4608796). Shein shows a drainage system for a window or a door, the drainage system comprising: a frame comprising a head(figure 1, the part to the left of 69); a water channel(where 61 occupied) adjacent to the head defined between a water channel opening and a water channel outlet(63), wherein water travels along the water channel; and a first wicking structure(61) positioned within the water channel, wherein the first wicking structure comprises an absorption layer, wherein the water traveling along the water channel exits on an exterior side of the frame. Per claim 2, Shein shows a water channel cover(the part underneath 64 and above 61), wherein the water channel is defined between the water channel cover and the head. Per claim 3, Shein shows a portion of the water channel includes a water channel aperture defined within the frame. Per claim 4, Shein shows a directing structure(64) positioned adjacent to an interior side of the frame, wherein water is prevented from exiting the interior side of the frame via the directing structure. Per claim 6, Shein shows the first wicking structure(61) defines an inlet aperture and an outlet aperture, wherein the inlet aperture and the outlet aperture are defined between a clipping cover(the part underneath 64 and above 61) of the first wicking structure and the head of the frame. Per claim 7, Shein further shows the outlet aperture of the first wicking structure is the water channel outlet(63). Per claim 9, Shein further shows a water channel cover(the part underneath 64 and above 61) that directs the water exiting the water channel outlet. 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) 1-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Lapierre (6848225) in view of Torme (4408425) or Shein (4608796). Lapierre figure 2 shows a drainage system for a window or a door, the drainage system comprising: a frame comprising a head(44, 40,32, 48 figure 2); a water channel(the channel that connects 84, 86) adjacent to the head defined between a water channel opening and a water channel outlet(84 or 86), wherein water travels along the water channel; wherein the water traveling along the water channel exits on an exterior side of the frame. Lapierre does not show a first wicking structure positioned within the water channel, wherein the first wicking structure comprises an absorption layer. Shein(61) or Torme (figure 3) each discloses wicking structure comprising an absorption layer that absorbs and directs water/moisture of the channel through the outlet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Lapierre’s structure to show a first wicking structure positioned within the water channel, wherein the first wicking structure comprises an absorption layer as taught by either Shein or Torme with a reasonable expectation of success in order to assist with draining the channels of moisture and water. Per claim 2, Lapierre shows a water channel cover(68 and the part thereunder), wherein the water channel is defined between the water channel cover and the head. Per claim 3, Lapierre shows a portion of the water channel includes a water channel aperture defined within the frame. Per claim 4, Lapierre as modified shows a directing structure(44) positioned adjacent to an interior side of the frame, wherein water is prevented from exiting the interior side of the frame via the directing structure. Per claim 5, Lapierre as modified shows all the claimed limitations except for the water channel is slanted along the water channel in a direction of the water channel outlet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Lapierre’s modified structure to show the water channel is slanted along the water channel in a direction of the water channel outlet with a reasonable expectation of success since it would enable the quick and complete draining of water away from the channels. Per claim 6, Lapierre as modified further shows the first wicking structure defines an inlet aperture and an outlet aperture, wherein the inlet aperture and the outlet aperture are defined between a clipping cover(68 and the part underneath figure 2) of the first wicking structure and the head of the frame. Per claim 7, Lapierre further shows the outlet aperture of the first wicking structure is the water channel outlet(86). Per claim 8, Lapierre as modified by Shein or Torme shows the layer being foam. Lapierre as modified does not show the foam being open-cell. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Lapierre’s modified structure to show the foam being open-cell with a reasonable expectation of success since making the foam absorption layer out of open cell would enable the quick absorption of the water/moisture into the foam and thus provides a good means for draining. Per claim 9, Lapierre further shows a water channel cover(68 and the part underneath) that directs the water exiting the water channel outlet. Per claim 10, Lapierre as modified further shows at least one additional wicking structure, wherein each of the first wicking structure(the foam in channel underneath 82) and the at least one additional wicking structure(the foam in channel 88) is defined along the head. Per claims 11-20, Lapierre et al as modified shows all the claimed structural limitations. the claimed method steps would have been the obvious method steps of manufacturing a drainage system for a window or a door with Lapierre’s modified structures. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different drainage systems. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI D Tran whose telephone number is (571)272-6864. The examiner can normally be reached M-F 8-5 EST. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHI D A/Primary Examiner, Art Unit 3633
Read full office action

Prosecution Timeline

Apr 11, 2025
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
88%
With Interview (+22.3%)
2y 12m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1103 resolved cases by this examiner. Grant probability derived from career allowance rate.

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