Office Action 1: Non-Final Rejection (2024-10-08)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
CLAIMS
1\. A mechanism, comprising: an arm comprising a slot, the slot comprising a straight section that is substantially parallel to a length of the arm and an angled section that is at an angle relative to the length of the arm, a hole disposed between the end of the slot and an end of the arm distal from the straight section, and a centre of the hole is offset from a centreline of the straight section; a rivet pin, at least partially disposed in the slot, the rivet pin is slidable in the slot and engageable with the angled section; and a pin shaft, at least partially disposed in the hole, such that the arm is rotatable about the pin shaft.
2\. The mechanism of claim 1, further comprising a fixed element that is configured to fixedly attach to a fixed frame, and to receive the rivet pin.
3\. The mechanism of claim 2, further comprising a movable element that includes a receptacle configure to receive a first portion of the pin shaft.
4\. The mechanism of claim 3, wherein the movable element comprises a channel that is offset from the receptacle, and the rivet pin passes through the channel to be received in the fixed element.
5\. The mechanism of claim 4, wherein the fixed element comprises a projection that is configured to be at least partially received in the channel, and the rivet pin is received in the projection.
6\. The mechanism of claim 3, further comprising a rod, which comprises an aperture that is configured to receive the movable element.
7\. The mechanism of claim 6, wherein the rod is configured to be movably attached to the fixed frame.
8\. The mechanism of claim 7, wherein the fixed frame forms a part of an encasement covering, the encasement covering further comprises a hung sash that is openable from the fixed frame, wherein the rod comprises a projection; the hung sash comprises a retainer member; and the projection and the retainer member are engageable to prevent the hung sash from opening from the fixed frame.
9\. The mechanism of claim 8, wherein a handle is disposed on the fixed frame, and the handle is operatively connected to the rod, such that a rotation of the handle causes the rod to move along the fixed frame.
10\. The mechanism of claim 9, wherein a movement of the rod comprises a first portion wherein the straight section slides about the rivet pin and causes the projection to disengage from the retainer member, and a second portion wherein the angled section engages the rivet pin such that the arm rotates about the pin shaft.
11\. The mechanism of claim 10, further comprising a slider disposed at one end of the arm distal from the slot, the slider is configured to be installed on the hung sash, and the slider is slidable with respect to an upright of the hung sash when the arm rotates.
12\. The mechanism of claim 11, wherein when the hung sash is fully open, the arm is in a locked position.
13\. The mechanism of claim 12, wherein the arm is substantially perpendicular to a side of the fixed frame and a side of the hung sash in the locked position.
14\. The mechanism of claim 1, further comprising a cover member that comprises a groove that a head of the rivet pin is movably received therein, and a recess that is configured to receive a second portion of the pin shaft.
15\. The mechanism of claim 1, wherein the pin shaft comprises an enlarged portion that comprises a spheroidal surface that is received in the hole, and the hole defines a spheroidal inner surface such that the pin shaft and the hole cooperate to allow a ball-joint like connection.
16\. The mechanism of claim 1, wherein the angle is larger than 0 degrees and smaller than 90 degrees.
17\. The mechanism of claim 16, wherein the angle is between 20 and 70 degrees.
18\. The mechanism of claim 17, wherein the angle is 45 degrees.
19\. A covering for an opening in a building, the covering comprising the mechanism of claim 1.
20\. The covering of claim 19, wherein the covering is a window or a door.

OFFICE ACTION:
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 Office Action is in response to the claims filed on 1/29/2024.
Claims 1-20 are currently pending and have been examined below.
Drawings
The drawings are objected to because:
Figure 5 of the filing on 1/29/2024 is objected because the hole on the left side of the slot 505 has a lead line but it does not have a drawing number.
Figures 6C and 6D are objected because they are disclosed as the views of the cover member of 6A, however 6C and 6D shows a different part than in 6A. It seems that figures 6C-6D shows part 8 in figure 5 while 6A shows part 2.
Figures 3-4 of the filing on 2/20/2024 are objected because they lack satisfactory reproduction characteristics. The figures have grainy and decreased quality of lines and textures compared to the other figures. See 37 CFR 1.84(l) below.
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
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 following feature(s) must be shown or the feature(s) canceled from the claim(s).  No new matter should be entered.
Claim 14 - “a recess that is configured to receive a second portion of the pin shaft”.
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.
Specification
The disclosure is objected to because of the following informalities:
In lines 4-5 of par. 85, “until the hung sash 200 is fully open, for example, as shown in FIG. 6” is objected because figure 6 does not show a fully-open sash.
The original disclosure is objected because it is unclear whether the cover member includes both parts 2 and 8 or is cover member only part 2 and 8 is a different part. Par. 23 discusses figure 6A as the part that seems to be same part as part 8 as the cover member.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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.
Claim 1
Recitations such as “the end of the slot” on lines 4 of claim 1 render the claims indefinite because it lacks antecedent basis.
Claim 8
Recitations such as “wherein the fixed frame forms a part of an encasement covering” on line 1 of claim 8 render the claims indefinite because it is unclear what is the applicant attempting to recite. What part of the encasement covering is the fixed frame forming?
Claim 15
Recitations such as “such that the pin shaft and the hole cooperate to allow a ball-joint like connection” on line 3 of claim 15 renders the claim indefinite because it is unclear how does a shaft and a hole function like a ball-joint. Note that the enlarged portion does not appear to have the same mobility as a ball-joint. For the rejection below, this was interpreted as a pivoting connection similar to the relation of the pin shaft and hole of applicant’s invention.
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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.
Claims 1, 15, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tremblay et al. (US 6431620) (hereinafter “Tremblay”).
Claim 1
(Tremblay discloses) A mechanism (figures 24-26), comprising:
an arm (60”; figure 17) comprising a slot (88”), the slot comprising a straight section (Annotated figure A below) that is substantially parallel to a length of the arm (Annotated figure A below) and an angled section (Annotated figure A below) that is at an angle relative to the length of the arm (figure 23), a hole (Annotated figure A below) disposed between the end of the slot and an end of the arm distal from the straight section (Annotated figure A below), and a centre of the hole is offset from a centreline of the straight section (Annotated figure A below);
a rivet pin (90”), at least partially disposed in the slot (figure 17), the rivet pin is slidable in the slot and engageable with the angled section (figures 16-17); and
a pin shaft (68” figure 24), at least partially disposed in the hole, such that the arm is rotatable about the pin shaft (figures 24-26).
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Annotated figure A
Claim 15
(Tremblay discloses) The mechanism of claim 1, wherein the pin shaft comprises an enlarged portion (spherical portion of 68”; figures 24-26) that comprises a spheroidal surface that is received in the hole (figures 24-26), and the hole defines a spheroidal inner surface (the spheroidal inner surface of the hole mated with the pin shaft 68”) such that the pin shaft and the hole cooperate to allow a ball-joint like connection (figures 24-26; note that due to the 112(b) issue set forth above, this was interpreted as a pivoting connection).
Claim 19
(Tremblay discloses) A covering (12”; figure 17) for an opening in a building (figure 17), the covering comprising the mechanism of claim 1 (see rejection in claim 1 above).
Claim 20
(Tremblay discloses) The covering of claim 19, wherein the covering is a window (figure 17; note that the assembly of Tremblay is directed to a window set forth in at least the abstract) or a door.
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.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay as applied to claims 1, 15, and 19-20 above.
Claim 16
(Tremblay discloses) The mechanism of claim 1.
Tremblay is silent regarding wherein the angle is larger than 0 degrees and smaller than 90 degrees.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to modify the angle of the angled section such that it is larger than 0 degrees and smaller than 90 degrees, with a reasonable expectation of success, for optimal results such that the arm can pivot in a precise and gradual manner and without any abrupt motions if the angle is arranged outside the claimed angle range.
Claim 17
(Tremblay, as modified above, discloses) The mechanism of claim 16.
Modified Tremblay is silent regarding wherein the angle is between 20 and 70 degrees.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to modify the angle of the angled section such that it is between 20 and 70 degrees, with a reasonable expectation of success, for optimal results such that the arm can pivot in a precise and gradual manner and without any abrupt motions if the angle is arranged outside the claimed angle range.
Claim 18
(Tremblay, as modified above, discloses) The mechanism of claim 17.
Modified Tremblay is silent regarding wherein the angle is 45 degrees.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to modify the angle of the angled section such that it is 45 degrees, with a reasonable expectation of success, for optimal results such that the arm can pivot in a precise and gradual manner and without any abrupt motions if the angle is arranged outside the claimed angle.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler (CH 410666).
Claim 1
(Tremblay discloses) A mechanism (figures 2-5), comprising:
an arm (46; figure 3) comprising a slot (88), the slot comprising a straight section (94) that is substantially parallel to a length of the arm (figure 3) and a second section (92), a hole (hole of arm at pivot 52) disposed between the end of the slot and an end of the arm distal from the straight section (Annotated figure B below);
a rivet pin (90), at least partially disposed in the slot (figure 3), the rivet pin is slidable in the slot and engageable with the second section (figures 3-5); and
a pin shaft (54; figure 7), at least partially disposed in the hole (figure 7), such that the arm is rotatable about the pin shaft (figures 3-5).
Tremblay fails to disclose:
(i) an angled section that is at an angle relative to the length of the arm;
(ii) a centre of the hole is offset from a centreline of the straight section.
However, Mettler teaches:
(i) a slot (37; Mettler figure 5) comprising an angled section (Annotated figure C below) that is at an angle relative to a length of an arm (35; Annotated figure C below).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the second section of the slot of Tremblay such that it is angled as such it is at an angle relative to the length of the arm as taught by Mettler, with a reasonable expectation of success, for optimization of the slot such that the rotation of the arm is achieved via the angled section without the slot requiring as much width and length space from the arm (i.e., as a drawback of the curved slot) thus the slot is formed smaller within the arm. In addition, the angled section is easier to produce than the required precision of the curved section thus further reducing manufacturing cost and production time.
(ii) a centre of a hole (hole at 36; Mettler figure 5) is offset from a centreline of a straight section (Annotated figure C below).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the placement of the hole of Tremblay such that its center is offset from the centreline of the straight section as taught by Mettler, with a reasonable expectation of success, such that the arm can be pivoted without requiring as much clearance since the pivoting axis is closer to an edge of the arm compared if the hole is located closer to the center of the arm.
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Annotated figure B
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501
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Annotated figure C
Claim 2
(Tremblay, as modified above, discloses) The mechanism of claim 1, further comprising a fixed element (Annotated figure D below) that is configured to fixedly attach to a fixed frame (16; figure 1), and to receive the rivet pin (Annotated figure D below).
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Claim 3
(Tremblay, as modified above, discloses) The mechanism of claim 2, further comprising a movable element (40; figures 7-8) that includes a receptacle (Annotated figure D above) configure to receive a first portion of the pin shaft (Annotated figure D above).
Claim 4
(Tremblay, as modified above, discloses) The mechanism of claim 3, wherein the movable element comprises a channel (see channel of part 40 between parts 38 in figure 8) that is offset from the receptacle (figure 8 and Annotated figure D above; note that the channel spans along part 40 and it can be broken down to sections; the section of the channel that is not aligned with the receptacle is offset from the receptacle), and the rivet pin passes through the channel to be received in the fixed element (see rivet pin 90 passing through the channel and received by the fixed element in figures 7 and Annotated figure D above).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler, as applied to claims 1-4 above, in further view of Wu (US 6442898).
Claim 5
(Tremblay, as modified above, discloses) The mechanism of claim 4.
Modified Tremblay is silent regarding wherein the fixed element comprises a projection that is configured to be at least partially received in the channel, and the rivet pin is received in the projection.
(However, Wu teaches) a fixed element (40; Wu figure 5) comprises a projection (42) that is configured to be at least partially received in a channel (channel between parts 39 of part 30 receiving the entire fixed element 40 thus also receiving the projection 42; Wu figure 5), and a rivet pin (311) is received in the projection (Wu figure 7).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the shape of the fixed element of modified Tremblay with the shape of the fixed element of Wu such that it has a projection, with a reasonable expectation of success, for allowing the fixed element to be properly secured inside the channel also such that it can easily be slid in and out of the channel.
Claims 1-3 and 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler.
Claim 1
(See same rejection in claim 1 in light of Tremblay in view of Mettler above).
Claim 2
(Tremblay, as modified above, discloses) The mechanism of claim 1, further comprising a fixed element (Annotated figure E below) that is configured to fixedly attach to a fixed frame (16; figure 1), and to receive the rivet pin (Annotated figure E below).
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Annotated figure E
Claim 3
(Tremblay, as modified above, discloses) The mechanism of claim 2, further comprising a movable element (Annotated figure E above) that includes a receptacle (the receptacle of the movable element that receives a portion of the pin shaft 54) configure to receive a first portion of the pin shaft (Annotated figure E above).
Claim 6
(Tremblay, as modified above, discloses) The mechanism of claim 3, further comprising a rod (20), which comprises an aperture (see gap of the rod 20 between parts 38 in figure 8) that is configured to receive the movable element (Annotated figure E above).
Claim 7
(Tremblay, as modified above, discloses) The mechanism of claim 6, wherein the rod is configured to be movably attached to the fixed frame (lines 56-60 of col. 12 discusses the sliding movement of the rod).
Claim 8
(Tremblay, as modified above, discloses) The mechanism of claim 7, wherein the fixed frame forms a part of an encasement covering (covering shown in figure 1), the encasement covering further comprises a hung sash (12) that is openable from the fixed frame (figure 1),
wherein the rod comprises a projection (160; figure 8);
the hung sash comprises a retainer member (162; figure 10; lines 11-14 of col. 16); and
the projection and the retainer member are engageable to prevent the hung sash from  opening from the fixed frame (lines 11-14 of col. 16).
Claim 9
(Tremblay, as modified above, discloses) The mechanism of claim 8, wherein a handle (134; figures 3-5) is disposed on the fixed frame (figure 1), and the handle is operatively connected to the rod, such that a rotation of the handle causes the rod to move along the fixed frame (figures 3-5; also see directional indicators 106 and 108).
Claim 10
(Tremblay, as modified above, discloses) The mechanism of claim 9, wherein a movement of the rod comprises a first portion (movement of the rod in figures 4-5) wherein the straight section slides about the rivet pin and causes the projection to disengage from the retainer member (the vertical motion of the rod inevitably teaches this limitation), and a second portion (movement of the rod in figures 3-4) wherein the angled section engages the rivet pin such that the arm rotates about the pin shaft (figures 3-4).
Claim 11
(Tremblay, as modified above, discloses) The mechanism of claim 10, further comprising a slider (60) disposed at one end (50) of the arm distal from the slot (figure 3), the slider is configured to be installed on the hung sash (figure 1), and the slider is slidable with respect to an upright of the hung sash when the arm rotates (the slider 60 is slidable via roller 80; lines 52-60 of col. 11).
Claim 12
(Tremblay, as modified above, discloses) The mechanism of claim 11, wherein when the hung sash is fully open, the arm is in a locked position (arm position in figures 1 and 3).
Claim 13
(Tremblay, as modified above, discloses) The mechanism of claim 12, wherein the arm is substantially perpendicular to a side of the fixed frame and a side of the hung sash in the locked position (the horizontal width of the arm shown in Annotated figure E above is substantially perpendicular to the vertical height of the side of the frame 16 and the vertical height of the sash 12).
Claim 14
(Tremblay, as modified above, discloses) The mechanism of claim 1, further comprising a cover member (40; figure 7) that comprises a groove (the groove between parts 38 in figure 8) that a head of the rivet pin is movably received therein (figure 7), and a recess (the recess of 40 which receives the a portion of the pin shaft 54) that is configured to receive a second portion of the pin shaft (figure 7).
Conclusion

APPLICANT REBUTTAL: Amendment to the drawings
Please replace the Figures 1-9 on pages 1-7 currently on file with the Figures 1-9 on replacement pages 1-8, enclosed.
Figure 5 has been amended to identify the hole as 504. Figures 3 and 4 are resubmitted herewith with better detail. FIG. 6A has been amended to identify an additional 202. FIG. 6B has been amended to identify 201, 202, and 203. FIG. 6D has been amended to identify 201 and 202. FIG. 6F has been amended to delete reference to 206.
ARGUMENTS
/
REMARKS
Applicant thanks the Examiner for reviewing the application. These remarks are filed in response to the Office Action of October 08, 2024, a response to which is due by January 8, 2025. Accordingly, the Applicants respectfully submit that no extension of time fees fall due in connection with the filing of this paper. If the Applicant is incorrect, the Commissioner is hereby authorized to deduct any necessary fees from our Deposit Account No. 604391.
Claim Status
There are currently 20 claims pending. Claims 1 and 19 are independent claims. Claims 2-18 depend, directly or indirectly, from claim 1. Claim 20 depends from claim 19. Claims 1, 8, 14, and 15 have been amended.
Drawin
gs
1.    Figure 5 stands objected because the hole on the left side of the slot 505 has a lead line but it does not have a drawing number. Figure 5 has been amended to identify the hole as 504.
2.    Figures 6C and 6D stand objected as showing a part different than in 6A. Applicant respectfully traverses with respect to this objection and submits that Figures 6C and 6D shows the same part. The red and green lines in the drawing below show some of the corresponding features between Figures 6A, 6C, and 6D.
i
5.    Lines 4-5 of par. 85, "until the hung sash 200 is fully open, for example, as shown in FIG. 6" stand objected because figure 6 does not show a fully-open sash. The paragraph has been amended to read, inter alia, "until the hung sash 200 is fully open, for example, as shown in FIG. 2".
6.    The specification stands objected because it is unclear whether the cover member includes both parts 2 and 8 or is cover member only part 2 and 8 is a different part. Par. 23 discusses figure 6A as the part that seems to be same part as part 8 as the cover member. Applicant respectfully traverses and submits that cover member is part 2 as consistently identified in the application as originally filed. As discussed above with respect to the objection to Figures 6C and 6D, the cover member 2 is different from the element 8. For example, FIG. 3 shows that the cover member 2 is different and separate from the element 8, the relevant portion of which is re- produced below:
35 USC 112
Claims 1-20 stand rejected as being indefinite.
Claim 1 has been amended to replace "the" with "an" before "end of the slot.
Claim 8 has been amended to recite, inter alia, " further comprising a hung sash that is connected to the fixed frame by a hinge, allowing the hung sash to rotate about the hinge."
Claim 15 has been amended to clarify that "the spheroidal surface and the spheroidal inner surface cooperate to allow a ball-joint like connection."
35 USC 102
Claims 1, 15, and 19-20 stand rejected as being anticipated by Tremblay et al. (US 6431620)
(hereinafter "Tremblay").
Applicant respectfully traverses with respect to this objection.
According to subsection III of section 2114 of the MPEP, "[e]ven if the prior art device performs all the functions recited in the claim, the prior art cannot anticipate the claim if there is any struc- tural difference."
The mechanism of Tremblay requires a guiding arm 46, 46', or 46" to function. In contrast, the mechanism of the instant application does not require such a component.
The Office Action alleges that the pin 90" of Tremblay is equivalent to the rivet pin of the instant claim 1.
Claim 1 has been amended to recite, inter alia, "the rivet pin is stationary", which amendment finds support at least in paragraphs [0062]-[0064] of the description as originally filed. Paragraphs 0062 and 0063 disclose that the rivet pin is received in the receptacle 102 configured in the projection 101 of the fixed element 10 that is fixedly connected to the fixed frame 100. As such, the rivet pin is stationary.
Firstly, the pin 90" links the two arms 46" and 60". As discussed above, there is no equivalent to the arm 46" in the mechanism of the instant application.
Secondly, the pin 90" moves during the operation of the mechanism of Tremblay as can be seen in, for example, FIG. 24 of Tremblay.
Claim 1 has also been amended to recite, inter alia, "a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm". Paragraph [0071] discloses that the rivet pin is received in groove 205. Paragraph [0072] discloses that stem 401 of pin shaft 4 is received in receptacle 204. As can be seen from FIG. 6, the distance between receptacle 204 and groove 205 does not change along line G. As such, the distance between the rivet pin 6 and the pin shaft 4 does not change along line G.
In contrast, the pivotal axis 68" moves during operation. The linking pin 90" not only moves with the arm 46", but also within the linking slot. As such, the distance between the pivotal axis 68" and the linking pin 90" changes in all directions during operation in the plane defined by the arm 46".
As such, it is respectfully submitted that Tremblay does not disclose, teach, or suggest the feature that "the rivet pin is stationary".
For at least these reasons, it is respectfully submitted that claim 1 is novel and unobvious over Tremblay. Claim 15 is also novel and unobvious over Tremblay at least because it depends from claim 1.
Claim 19 is novel and unobvious over Tremblay at least because it cites the mechanism of claim 1. Claim 20 is novel and unobvious over Tremblay at least because it depends from claim 19.
35 USC 103
9.    Claims 16-18 stand rejected as being unpatentable over Tremblay as applied to claims 1, 15, and 19-20.
As discussed above with respect to the anticipation rejection, it is respectfully submitted that the mechanism of Tremblay requires a guiding arm 46, 46', or 46" to function. In contrast, the mecha- nism of the instant application does not require such a component. As such, the mechanism of Tremblay and the mechanism of the instant application have different working principles.
In addition, Trembly does not disclose, teach, or suggest the feature that "the rivet pin is station- ary" and "a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm" of instant claim 1 as discussed above.
For at least these reasons, it is respectfully submitted that claim 1 is unobvious over Tremblay.
Claims 16-18 are also unobvious over Tremblay at least because they depend, directly or indirectly, from claim 1.
10.   Claims 1-4 stand rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler (CH 410666).
As discussed above, it is respectfully submitted that Tremblay requires a guiding arm that has no equivalent in the mechanism of the instant application.
Also as discussed above, Tremblay fails to disclose, teach, or suggest the feature that "the rivet pin is stationary" and "a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm" of instant claim 1 as discussed above. There is no indication in the Office Ac- tion that Mettler would remedy these deficiencies.
Furthermore, it is respectfully submitted that there is no motivation to modify Tremblay in view of Mettler.
As discussed above, the mechanism of Tremblay requires the guiding arm 46, 46', or 46" to func- tion. In contrast, there does not appear to be an equivalent to the guiding arm in the mechanism of Mettler. As a result, the movement of the linking pin that links the arm 46 and 60 of Tremblay has no equivalent in Mettler.
Consequently, by modifying the mechanism of Tremblay in view of Mettler, the principle of opera- tion of the mechanism of Tremblay would have been changed.
Therefore, there is no motivation to modify Tremblay in view of Mettler.
For at least these reasons, it is respectfully submitted that claim 1 as amended is unobvious over Tremblay in view of Mettler.
Claims 2-4 are also unobvious at least because they depend, directly or indirectly, from claim 1.
11.   Claim 5 stand rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler, as applied to claims 1-4 above, in further view of Wu (US 6442898).
As discussed above, claim 4 is unobvious over Tremblay.
There is no indication in the Office Action that Wu would remedy the deficiencies of Tremblay and Mettler with respect to claim 1.
As such, it is respectfully submitted that claim 5 is unobvious over Tremblay in view of Mettler, in further view of Wu.
12.   Claims 1-3 and 6-14 stand rejected under 35 U.S.C. 103 as being unpatentable over Trem- blay in view of Mettler.
At least for the reasons discussed above for which claim 1 as amended is unobvious over Tremblay in view of Mettler, it is respectfully submitted that claim 1 is unobvious over Tremblay in view of the Mettler.
Claims 2-3 and 6-14 are also unobvious over Tremblay in view of Mettler at least because they de- pend, directly or indirectly, from claim 1.
It is believed that the Applicant's remarks with respect to the rejections contained in the Office Ac- tion are sufficient to address the rejections. It is respectfully submitted that the Applicant's silence with respect to any parts of the Office Action does not constitute an admission by the Applicant to the correctness of such parts and hereby reserve the right to analyze and dispute such parts in the future in this application, related applications and otherwise as needed.
Favorable reconsideration and allowance of this application are respectfully requested. If the Ex- aminer believes that additional amendments to the claims may be required to secure allowance of this application; the Examiner is invited to phone the undersigned at the below-noted number to facilitate the prosecution of subject application.
Respectfully submitted,

NEXT OFFICE ACTION: 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 Office Action is in response to the claims filed on 01/07/2025.
Claims 1-20 are currently pending and have been examined below.
Drawings
The drawings are objected to because:
Figures 6C and 6D are objected because they are disclosed as the views of the cover member of 6A, however 6C and 6D shows a different part than in 6A. It seems that figures 6C-6D shows part 8 in figure 5 while 6A shows part 2. Note that figure 6A has the elongated slot 205 while figure 6D does not.
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.
Specification
The disclosure is objected to because of the following informalities:
In line 2 of par. 64, “rive pin 6” should read --rivet pin 6--.
Par. 65 discloses that rivet pin 6 moves in the slot 505, however par. 84 discloses that the slot 505 slidably moves relative to the rivet pin 6. This is unclear whether which of the parts is actually moving relative to the other or are they both moving.
Referring to par. 64, is the rivet pin actually stationary as required by claim 1 or is it merely locked in within the slot 505 after installation such that it cannot accidentally come off from the slot?
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA  35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA  35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1
Recitations such as “the rivet pin is stationary” on line 7 and “wherein a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm” on lines 10-11 discloses New Matter.
Regarding the recitation on line 7 of claim 1, par. 64 discloses that the rivet pin 6 “cannot move through the slot 505 after installation”. The disclosure seems to only describe that the rivet pin is locked within the slot 505 and cannot be moved through 505 after installation. Additionally, par. 65 discloses “movement of the rivet pin 6 in the slot 505” such that the rivet pin is not stationary in the slot 505. Note that the original disclosure has been objected due to clarity issues regarding whether the rivet pin moves within the slot 505 or does the slot 505 move relative to the rivet pin (see objection above). Since the original disclosure doesn’t appear to support the newly claimed subject matter of the pin being stationary, examiner has indicated that the recitation discloses new matter.
Regarding the recitation on lines 10-11 of claim 1, par. 84 discussing the movement of pin shaft 4 along with the movable element 8 as the arm moves. Thus, if the rivet pin 6 is stationary but the shaft 4 is moving, the distance between the two parts does not remain constant (note that this is also true if the rivet pin 6 is moving per par. 65). As such, examiner has indicated that the recitation introduces new matter.
Note that further clarification on the original disclosure could lead to the withdrawal of these new matter issues.
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.
Claim 1
Recitations such as “the rivet pin is stationary” on line 7 render the claims indefinite because it is unclear whether the rivet pin is actually stationary or is it slidable in the slot, as recited on line 6 of claim 1.
Claim 15
Recitations such as such that the pin shaft and the hole cooperate to allow a ball-joint like connection on line 3 of claim 15 renders the claim indefinite because it is unclear how does a shaft and a hole function like a ball-joint. Note that the enlarged portion does not appear to have the same mobility as a ball-joint. For the rejection below, this was interpreted as a pivoting connection similar to the relation of the pin shaft and hole of applicant's invention.
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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.
Claims 1, 15, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tremblay et al. (US 6431620) (hereinafter “Tremblay”).
Claim 1
(Tremblay discloses) A mechanism (figures 24-26), comprising:
an arm (60”; figure 17) comprising a slot (88”), the slot comprising a straight section (Annotated figure 23 below) that is substantially parallel to a length of the arm (Annotated figure 23 below) and an angled section (Annotated figure 23 below) that is at an angle relative to the length of the arm (figure 23), a hole (Annotated figure 23 below) disposed between an end of the slot and an end of the arm distal from the straight section (Annotated figure 23 below), and a centre of the hole is offset from a centreline of the straight section (Annotated figure 23 below);
a rivet pin (90”), at least partially disposed in the slot (figure 17), the rivet pin is slidable in the slot and engageable with the angled section (figures 16-17), and the rivet pin is stationary (see rivet pin being stationary when the arm is also stationary as shown in figure 24; note that the limitation “the rivet pin is stationary” does not recite that the rivet pin is stationary during movement of the arm, thus Tremblay meets this limitation); and
a pin shaft (68” figure 24), at least partially disposed in the hole, such that the arm is rotatable about the pin shaft (figures 24-26);
wherein a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm (Annotated figure 24 below; note that this ‘wherein’ clause does not recite whether the arm is moving or not nor the position of the arm, as such the distance shown below remains constant when the arm is not moving).
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Claim 15
(Tremblay discloses) The mechanism of claim 1, wherein the pin shaft comprises an enlarged portion (spherical portion of 68”; figures 24-26) that comprises a spheroidal surface that is received in the hole (figures 24-26), and the hole defines a spheroidal inner surface (the spheroidal inner surface of the hole mated with the pin shaft 68”), wherein the spheroidal surface and the spheroidal inner surface cooperate to allow a ball-joint like connection (figures 24-26; note that due to the 112{b) issue set forth above, this was interpreted as a pivoting connection).
Claim 19
(Tremblay discloses) A covering (12”; figure 17) for an opening in a building (figure 17), the covering comprising the mechanism of claim 1 (see rejection in claim 1 above).
Claim 20
(Tremblay discloses) The covering of claim 19, wherein the covering is a window (figure 17; note that the assembly of Tremblay is directed to a window set forth in at least the abstract) or a door.
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.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay as applied to claims 1, 15, and 19-20 above.
Claim 16
(Tremblay discloses) The mechanism of claim 1.
Tremblay is silent regarding wherein the angle is larger than 0 degrees and smaller than 90 degrees.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to modify the angle of the angled section such that it is larger than 0 degrees and smaller than 90 degrees, with a reasonable expectation of success, for optimal results such that the arm can pivot in a precise and gradual manner and without any abrupt motions if the angle is arranged outside the claimed angle range. In addition, an angle outside the claimed angle range could lead to the arm not moving.
Claim 17
(Tremblay, as modified above, discloses) The mechanism of claim 16.
Modified Tremblay is silent regarding wherein the angle is between 20 and 70 degrees.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to modify the angle of the angled section such that it is between 20 and 70 degrees, with a reasonable expectation of success, for optimal results such that the arm can pivot in a precise and gradual manner and without any abrupt motions if the angle is arranged outside the claimed angle range.
Claim 18
(Tremblay, as modified above, discloses) The mechanism of claim 17.
Modified Tremblay is silent regarding wherein the angle is 45 degrees.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to modify the angle of the angled section such that it is 45 degrees, with a reasonable expectation of success, for optimal results such that the arm can pivot in a precise and gradual manner and without any abrupt motions if the angle is arranged outside the claimed angle.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler (CH 410666).
Claim 1
(Tremblay discloses) A mechanism (figures 2-5), comprising:
an arm (46; figure 3) comprising a slot (88), the slot comprising a straight section (94) that is substantially parallel to a length of the arm (figure 3) and a second section (92), a hole (hole of arm at pivot 52) disposed between an end of the slot and an end of the arm distal from the straight section (Annotated figure 3 below);
a rivet pin (90), at least partially disposed in the slot (figure 3), the rivet pin is slidable in the slot and engageable with the second section (figures 3-5), and the rivet pin is stationary (see rivet pin being stationary when the arm is also stationary as shown in figure 3; note that the limitation “the rivet pin is stationary” does not recite that the rivet pin is stationary during movement of the arm, thus Tremblay meets this limitation); and
a pin shaft (54; figure 7), at least partially disposed in the hole (figure 7), such that the arm is rotatable about the pin shaft (figures 3-5);
wherein a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm (Annotated figure 3 below; note that this ‘wherein’ clause does not recite whether the arm is moving or not nor the position of the arm, as such the distance shown below remains constant when the arm is not moving).
The embodiment of Tremblay used above fails to disclose:
(i) an angled section that is at an angle relative to the length of the arm;
(ii) a centre of the hole is offset from a centreline of the straight section.
However, Mettler teaches:
(i) a slot (37; Mettler figure 5) comprising an angled section (Annotated figure 5 below) that is at an angle relative to a length of an arm (35; Annotated figure 5 below).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the second section of the slot of Tremblay such that it is angled as such it is at an angle relative to the length of the arm as taught by Mettler, with a reasonable expectation of success, for optimization of the slot such that the rotation of the arm is achieved via the angled section without the slot requiring as much width and length space from the arm (i.e., as a drawback of the curved slot) thus the slot is formed smaller within the arm. In addition, the angled section is easier to produce than the required precision of the curved section thus further reducing manufacturing cost and production time.
(ii) a centre of a hole (hole at 36; Mettler figure 5) is offset from a centreline of a straight section (Annotated figure 5 below).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the placement of the hole of Tremblay such that its center is offset from the centreline of the straight section as taught by Mettler, with a reasonable expectation of success, such that the arm can be pivoted without requiring as much clearance since the pivoting axis is closer to an edge of the arm compared if the hole is located closer to the center of the arm.
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Claim 2
(Tremblay, as modified above, discloses) The mechanism of claim 1, further comprising a fixed element (Annotated figure 7 below) that is configured to fixedly attach to a fixed frame (16; figure 1), and to receive the rivet pin (Annotated figure 7 below).
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Claim 3
(Tremblay, as modified above, discloses) The mechanism of claim 2, further comprising a movable element (40; figures 7-8) that includes a receptacle (Annotated figure 7 above) configure to receive a first portion of the pin shaft (Annotated figure 7 above).
Claim 4
(Tremblay, as modified above, discloses) The mechanism of claim 3, wherein the movable element comprises a channel (see channel of part 40 between parts 38 in figure 8) that is offset from the receptacle (figure 8 and Annotated figure 7 above; note that the channel spans along part 40 and it can be broken down to sections; the section of the channel that is not aligned with the receptacle is offset from the receptacle), and the rivet pin passes through the channel to be received in the fixed element (see rivet pin 90 passing through the channel and received by the fixed element in figures 7 and Annotated figure 7 above).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler, as applied to claims 1-4 above, in further view of Wu (US 6442898).
Claim 5
(Tremblay, as modified above, discloses) The mechanism of claim 4.
Modified Tremblay is silent regarding wherein the fixed element comprises a projection that is configured to be at least partially received in the channel, and the rivet pin is received in the projection.
(However, Wu teaches) a fixed element (40; Wu figure 5) comprises a projection (42) that is configured to be at least partially received in a channel (channel between parts 39 of part 30 receiving the entire fixed element 40 thus also receiving the projection 42; Wu figure 5), and a rivet pin (311) is received in the projection (Wu figure 7).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the shape of the fixed element of modified Tremblay with the shape of the fixed element of Wu such that it has a projection, with a reasonable expectation of success, for allowing the fixed element to be properly secured inside the channel also such that it can easily be slid in and out of the channel for the simplification of the assembly of parts.
Claims 1-3 and 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler.
Claim 1
(See same 103 rejection in claim 1 over Tremblay in view of Mettler above).
Claim 2
(Tremblay, as modified above, discloses) The mechanism of claim 1, further comprising a fixed element (Annotated figure 7 (II) below) that is configured to fixedly attach to a fixed frame (16; figure 1), and to receive the rivet pin (Annotated figure 7 (II) below).
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Claim 3
(Tremblay, as modified above, discloses) The mechanism of claim 2, further comprising a movable element (Annotated figure 7 (II) above) that includes a receptacle (the receptacle of the movable element that receives a portion of the pin shaft 54) configure to receive a first portion of the pin shaft (Annotated figure 7 (II) above).
Claim 6
(Tremblay, as modified above, discloses) The mechanism of claim 3, further comprising a rod (20), which comprises an aperture (see gap of the rod 20 between parts 38 in figures 7-8) that is configured to receive the movable element (Annotated figure 7 (II) above).
Claim 7
(Tremblay, as modified above, discloses) The mechanism of claim 6, wherein the rod is configured to be movably attached to the fixed frame (lines 56-60 of col. 12 discusses the sliding movement of the rod).
Claim 8
(Tremblay, as modified above, discloses) The mechanism of claim 7, further comprising a hung sash (12) that is connected to the fixed frame by a hinge (although modified Tremblay does not show a hinge, the sash 12 is shown to pivot relative to the fixed frame by axis 18 in figure 1; it is inherent that there must be a hinge element to allow the sash to pivot; lines 53-56 of col. 9), allowing the hung sash to rotate about the hinge (by axis 18; figure 1),
wherein the rod comprises a projection (160; figure 11);
the hung sash comprises a retainer member (162; figure 10; lines 11-14 of col. 16); and
the projection and the retainer member are engageable to prevent the hung sash from rotating away from the fixed frame (lines 11-14 of col. 16).
Claim 9
(Tremblay, as modified above, discloses) The mechanism of claim 8, wherein a handle (134; figures 3-5) is disposed on the fixed frame (figure 1), and the handle is operatively connected to the rod, such that a rotation of the handle causes the rod to move along the fixed frame (figures 3-5; also see directional indicators 106 and 108).
Claim 10
(Tremblay, as modified above, discloses) The mechanism of claim 9, wherein a movement of the rod comprises a first portion (movement of the rod in figures 4-5) wherein the straight section slides about the rivet pin and causes the projection to disengage from the retainer member (the vertical motion of the rod inevitably teaches this limitation), and a second portion (movement of the rod in figures 3-4) wherein the angled section engages the rivet pin such that the arm rotates about the pin shaft (figures 3-4).
Claim 11
(Tremblay, as modified above, discloses) The mechanism of claim 10, further comprising a slider (60) disposed at one end (50) of the arm distal from the slot (figure 3), the slider is configured to be installed on the hung sash (figure 1), and the slider is slidable with respect to an upright of the hung sash when the arm rotates (the slider 60 is slidable via roller 80; lines 52-60 of col. 11).
Claim 12
(Tremblay, as modified above, discloses) The mechanism of claim 11, wherein when the hung sash is fully open, the arm is in a locked position (arm position in figures 1 and 3).
Claim 13
(Tremblay, as modified above, discloses) The mechanism of claim 12, wherein the arm is substantially perpendicular to a side of the fixed frame and a side of the hung sash in the locked position (the horizontal width of the arm shown in Annotated figure 7 (II) above is substantially perpendicular to the vertical height of the side of the frame 16 and the vertical height of the sash 12).
Claim 14
(Tremblay, as modified above, discloses) The mechanism of claim 1, further comprising a cover member (40; figure 7) that comprises a groove (the groove between parts 38 in figure 8) that a head of the rivet pin is movably received therein (figure 7), and a receptacle (the receptacle of 40 which receives the a portion of the pin shaft 54) that is configured to receive a second portion of the pin shaft (figure 7).
Response to Arguments
Applicant’s arguments directed to the drawing and specification objections have been considered. Note that some drawing objection has been maintained. Also note that the specification requires clarification (see objection above).
Applicant’s arguments directed to the 112(b) have been considered and some have been accepted. Note that the amendments introduced new 112 issues - see above.
Applicant's arguments filed on 01/07/2025 have been fully considered but they are not persuasive. Applicant argued that the instant application does not require a guiding arm, however the claims do not recite that there is only one arm or the arm is the only arm of the mechanism. Also, the claim uses the open-ended transitional phrase “comprising” in the preamble of claim 1 such that the claims are not limited to the explicitly recited parts.
Applicant also amended the claims such that they require the rivet pin to be stationary and that a distance between the rivet pin and pin shaft remains constant. The amendments are broad enough that they do not explicitly define the position of the arm or whether the arm is moving. As such, the prior art meets the claim limitation (see more detailed explanation of the interpretation in the rejection above).
Conclusion
THIS ACTION IS MADE FINAL. 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.

CITED REFERENCE SUMMARIES: Ref US20010019211A1: Claims:
A mechanism for selectively operating and locking a pivotable window, said window being pivotally attached to a window frame so as to pivot between a window open configuration and a window closed configuration about a window pivotal axis, said mechanism comprising: an actuating rod, said actuating rod having an elongated configuration defining a rod first end, a rod second end and a rod longitudinal axis; a rod mounting means for slidably mounting said actuating rod on said window frame so as to allow said actuating rod to slide relative to said window frame along said rod longitudinal axis; a guiding arm, said guiding arm defining a guiding arm first end and a guiding arm second end; a guiding arm-to-window frame attachment means extending between said guiding arm and said window frame for pivotally attaching said guiding arm adjacent said guiding arm first end to said window frame adjacent said actuating rod, said guiding arm-to-window frame attachment means allowing said guiding arm to pivot relative to said window frame about a guiding arm pivotal axis; an actuating arm, said actuating arm defining an actuating arm first end, an actuating arm second end and an actuating arm longitudinal axis; an actuating arm-to-actuating rod attachment means extending between said actuating arm and said actuating rod for pivotally attaching said actuating arm adjacent said actuating arm first end to said actuating rod, said actuating arm-to-actuating rod attachment means allowing said actuating arm to pivot relative to said actuating rod about an actuating arm pivotal axis an actuating arm-to-window attachment means extending from said actuating arm adjacent said actuating arm second end for attaching said actuating arm to said window; a linking means extending between said guiding and actuating arms for linking said guiding arm adjacent said guiding arm second end to said actuating arm intermediate said actuating arm first and second ends, said linking means being configured so as to selectively allow and prevent pivotal movement between said guiding and actuating arms about a linking pivotal axis depending upon the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means; whereby slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in a rod first direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to decrease causing said linking means to assume an unlocked configuration and eventually causing said actuating arm to push said window towards said window open configuration; slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in a rod second direction opposite to said rod first direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating arm to pull said window towards said window closed configuration and eventually causing said linking means to assume a locked configuration.
an actuating rod, said actuating rod having an elongated configuration defining a rod first end, a rod second end and a rod longitudinal axis;
a rod mounting means for slidably mounting said actuating rod on said window frame so as to allow said actuating rod to slide relative to said window frame along said rod longitudinal axis;
a guiding arm, said guiding arm defining a guiding arm first end and a guiding arm second end;
a guiding arm-to-window frame attachment means extending between said guiding arm and said window frame for pivotally attaching said guiding arm adjacent said guiding arm first end to said window frame adjacent said actuating rod, said guiding arm-to-window frame attachment means allowing said guiding arm to pivot relative to said window frame about a guiding arm pivotal axis;
an actuating arm, said actuating arm defining an actuating arm first end, an actuating arm second end and an actuating arm longitudinal axis;
an actuating arm-to-actuating rod attachment means extending between said actuating arm and said actuating rod for pivotally attaching said actuating arm adjacent said actuating arm first end to said actuating rod, said actuating arm-to-actuating rod attachment means allowing said actuating arm to pivot relative to said actuating rod about an actuating arm pivotal axis
an actuating arm-to-window attachment means extending from said actuating arm adjacent said actuating arm second end for attaching said actuating arm to said window;
a linking means extending between said guiding and actuating arms for linking said guiding arm adjacent said guiding arm second end to said actuating arm intermediate said actuating arm first and second ends, said linking means being configured so as to selectively allow and prevent pivotal movement between said guiding and actuating arms about a linking pivotal axis depending upon the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means; whereby slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in a rod first direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to decrease causing said linking means to assume an unlocked configuration and eventually causing said actuating arm to push said window towards said window open configuration; slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in a rod second direction opposite to said rod first direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating arm to pull said window towards said window closed configuration and eventually causing said linking means to assume a locked configuration.
slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in a rod first direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to decrease causing said linking means to assume an unlocked configuration and eventually causing said actuating arm to push said window towards said window open configuration;
slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in a rod second direction opposite to said rod first direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating arm to pull said window towards said window closed configuration and eventually causing said linking means to assume a locked configuration.
A mechanism as recited in claim 1 wherein said linking means includes a linking slot and a linking pin inserted in said linking slot, said linking slot defining a linking slot pivotal section allowing relative pivotal movement between said actuating and guiding arms, said linking slot also defining an integrally extending linking slot locking section preventing relative pivotal movement between said actuating and guiding arms.
A mechanism as recited in claim 2 wherein said actuating arm-to-window attachment means includes a connecting tongue extending from said actuating arm second end, said connecting tongue being reversibly bendable between a tongue rectilinear configuration wherein said connecting tongue extends in a generally parallel configuration with said actuating arm longitudinal axis and a tongue bent configuration wherein said connecting tongue has a distal section thereof laterally bent in a direction leading away from said actuating rod and leading towards said window, said connecting tongue being attached to said window by a tongue-to-window attachment means allowing said connecting tongue to be slidably attached to said window, whereby the bendable nature of said connecting tongue allows said actuating arm-to-window attachment means to compensate for the angular displacement of said window as said window pivots between said window open and closed configurations.
whereby the bendable nature of said connecting tongue allows said actuating arm-to-window attachment means to compensate for the angular displacement of said window as said window pivots between said window open and closed configurations.
A mechanism as recited in claim 3 wherein said tongue-to-window attachment means includes a guiding rail mounted on said window and a roller component attached to a distal end of said connecting tongue, said roller component being configured and sized so as to be inserted in said guiding rail, whereby said roller component is retained and guided by said guiding rail as said window pivots between said window open and closed configurations.
whereby said roller component is retained and guided by said guiding rail as said window pivots between said window open and closed configurations.
A mechanism as recited in claim 1 wherein said rod mounting means includes at least one rod mounting block attached to said window frame, said actuating rod defining a cross-sectional configuration allowing said actuating rod to slide on said rod mounting block and to be guided by the latter.
A mechanism as recited in claim 5 wherein said at least one rod mounting block defines a block base and a pair of laterally extending block flanges, said actuating rod having a generally “C”-shaped cross-sectional configuration defining a pair of rod retaining legs, each of said retaining legs being configured and sized so as to slidably grip one of said block flanges.
A mechanism as recited in claim 6 wherein said actuating arm-to-actuating rod attachment means includes an actuating arm-to-actuating rod attachment pin attached at a first end thereof to a pin mounting block and at a second end thereof to said actuating arm, said pin mounting block being secured to said actuating rod between said rod retaining legs and said actuating arm-to-actuating rod attachment pin extending through a rod pin aperture formed in said actuating rod.
A mechanism as recited in claim 1 wherein said guiding arm-to-window frame attachment means includes a guiding arm-to-window frame attachment pin attached at a first end thereof to said window frame and at a second end thereof to said guiding arm adjacent said guiding arm first, said guiding arm-to-window frame attachment pin extending through an attachment pin slot formed in said actuating rod, said attachment pin slot allowing said guiding arm-to-window frame attachment pin to slide thereinto when said actuating rod moves along said actuating rod longitudinal axis.
A mechanism as recited in claim 1 further comprising a handle coupled to said actuating rod for moving said actuating rod relative to said window frame in both said rod first and second directions.
A mechanism as recited in claim 1 wherein said guiding arm pivotal axis and said actuating arm pivotal axis intercept substantially perpendicularly a common axis, said common axis being in a generally parallel relationship with said actuating rod longitudinal axis, said guiding and actuating arms being configured and sized so that said linking axis is positioned laterally relative to said common axis throughout the pivotal movement of said window between said window open and closed configurations.
A mechanism as recited in claim 10 wherein said actuating arm defines a main segment extending from said actuating arm second end along said actuating arm longitudinal axis and an auxiliary segment extending from said main segment adjacent said actuating arm first end, said auxiliary segment being angled inwardly relative to said main segment, said auxiliary segment being attached by said actuating arm-to-actuating rod attachment means to said actuating rod.
A mechanism as recited in claim 2 wherein said linking pin and said linking slot are configured and sized so as to prevent the slidable insertion of said linking pin in said linking slot locking section until said linking and guiding arms reach a predetermined angular relationship relative to each other, said linking slot locking section being sized so as to prevent rotation of said linking pin when said linking pin is inserted thereinto.
A mechanism as recited in claim 12 wherein said linking slot is formed in said actuating arm; said linking slot pivotal section has a generally disc-shaped configuration allowing pivotal movement of said linking pin thereinto; said linking slot locking section is narrower then said linking slot pivotal section and has a generally rectilinear configuration defining a slot longitudinal axis; said linking pin has a generally rectangular cross-sectional configuration defining a pin longitudinal cross-sectional axis and a perpendicular pin transversal cross-sectional axis, said linking pin being sized so as to only allow insertion thereof in said linking slot locking section when said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis, whereby slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating and guiding arms to pivot about said linking pin located in said linking slot pivotal section until said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis and said window is in said window closed configuration, continued slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes said linking pin to slide into said linking slot locking section preventing relative pivotal movement between said guiding and actuating arms until slidable movement of said actuating rod relative to said window frame is reversed and said linking pin reaches said linking slot pivotal section, once said linking pin has reached said linking slot pivotal section continued movement of said actuating rod in said rod first direction moves said actuating arm-to-actuating rod attachment means towards said guiding arm-to-window frame attachment means causing said actuating arm to push said window towards said window open configuration.
said linking slot is formed in said actuating arm;
said linking slot pivotal section has a generally disc-shaped configuration allowing pivotal movement of said linking pin thereinto;
said linking slot locking section is narrower then said linking slot pivotal section and has a generally rectilinear configuration defining a slot longitudinal axis;
said linking pin has a generally rectangular cross-sectional configuration defining a pin longitudinal cross-sectional axis and a perpendicular pin transversal cross-sectional axis, said linking pin being sized so as to only allow insertion thereof in said linking slot locking section when said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis, whereby slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating and guiding arms to pivot about said linking pin located in said linking slot pivotal section until said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis and said window is in said window closed configuration, continued slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes said linking pin to slide into said linking slot locking section preventing relative pivotal movement between said guiding and actuating arms until slidable movement of said actuating rod relative to said window frame is reversed and said linking pin reaches said linking slot pivotal section, once said linking pin has reached said linking slot pivotal section continued movement of said actuating rod in said rod first direction moves said actuating arm-to-actuating rod attachment means towards said guiding arm-to-window frame attachment means causing said actuating arm to push said window towards said window open configuration.
slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating and guiding arms to pivot about said linking pin located in said linking slot pivotal section until said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis and said window is in said window closed configuration, continued slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes said linking pin to slide into said linking slot locking section preventing relative pivotal movement between said guiding and actuating arms until slidable movement of said actuating rod relative to said window frame is reversed and said linking pin reaches said linking slot pivotal section, once said linking pin has reached said linking slot pivotal section continued movement of said actuating rod in said rod first direction moves said actuating arm-to-actuating rod attachment means towards said guiding arm-to-window frame attachment means causing said actuating arm to push said window towards said window open configuration.
A mechanism as recited in claim 12 wherein said linking slot is formed in said actuating arm; said linking slot pivotal section generally has the configuration of a disc-segment defining a pair of divergent edges and an interrupted arcuate edge, said linking slot pivotal section allowing pivotal movement of said linking pin thereinto; said linking slot locking section is narrower then said linking slot pivotal section and has a generally rectilinear configuration defining a slot longitudinal axis, one of the longitudinal edges of said linking slot locking section being continuous with one of said divergent edges while the other longitudinal edge of said linking slot locking section intercepts said arcuate edge; said linking pin has a generally oval cross-sectional configuration defining a pin longitudinal cross-sectional axis and a perpendicular pin transversal cross-sectional axis, said linking pin being sized so as to only allow insertion thereof in said linking slot locking section when said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis, whereby slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes the distance between said guiding arm-to-window frame attachment means and said actuating arm-to-actuating rod attachment means to increase causing said actuating and guiding arms to pivot about said linking pin located in said linking slot pivotal section until said pin longitudinal cross-sectional axis is aligned with said slot longitudinal axis and said window is in said window closed configuration, continued slidable movement of said actuating rod relative to said window frame along said rod longitudinal axis in said rod second direction causes said linking pin to slide into said linking slot locking section preventing relative
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