Office Action 2: Final Rejection (2025-02-20)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
Amendments to the claims

Please replace all prior versions and listings of claims in the application with the following listing of claims:

1\. (Currently Amended) 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 dis- posed between \[\[the\]\]an 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 engagea- ble with the angled section, and the rivet pin is stationary; and
a pin shaft, at least partially disposed in the hole, such that the arm is rotatable about the pin shaft;
wherein a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm.
2\. (Original) 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\. (Original) The mechanism of claim 2, further comprising a movable element that includes a re- ceptacle configure to receive a first portion of the pin shaft.
4\. (Original) 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 ele- ment.
5\. (Original) 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\. (Original) The mechanism of claim 3, further comprising a rod, which comprises an aperture that is configured to receive the movable element.
7\. (Original) The mechanism of claim 6, wherein the rod is configured to be movably attached to the fixed frame.
2

8\. (Currently Amended) The mechanism of claim 7, further compris\[\[es\]\]ing a hung sash that is connected to the fixed frame by a hinge, allowing the hung sash to rotate about the hinge, 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 rotating away from the fixed frame.
9\. (Original) 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\. (Original) 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\. (Original) 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 slida- ble with respect to an upright of the hung sash when the arm rotates.

12\. (Original) The mechanism of claim 11, wherein when the hung sash is fully open, the arm is in a locked position.

13\. (Original) 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\. (Currently Amended) The mechanism of claim 1, further comprising a cover member that com- prises a groove that a head of the rivet pin is movably received therein, and a receptacle that is configured to receive a second portion of the pin shaft.

15\. (Currently Amended) 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 spheroi- dal inner surface, wherein the spheroidal surface and the spheroidal inner surface cooperate to allow a ball-joint like connection.3

16\. (Original) The mechanism of claim 1, wherein the angle is larger than 0 degrees and smaller than 90 degrees.

17\. (Original) The mechanism of claim 16, wherein the angle is between 20 and 70 degrees.

18\. (Original) The mechanism of claim 17, wherein the angle is 45 degrees.

19\. (Original) A covering for an opening in a building, the covering comprising the mechanism of claim 1.

20\. (Original) The covering of claim 19, wherein the covering is a window or a door.4

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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Annotated figure 23
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Annotated figure 24
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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Annotated figure 3
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Annotated figure 5
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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Annotated figure 7
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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Annotated figure 7 (II)
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.

APPLICANT REBUTTAL: ARGUMENTS / REMARKSApplicant thanks the Examiner for reviewing the application.These remarks are filed in response to the Office Action of February 20, 2025, a response to which is due by May 20, 2025. Accordingly, the Applicants respectfully submit that no ex- tension 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 De- posit 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 and 15 have been amended.Drawings 1.    The Office has objected to Figures 6C and 6D, stating that Figures 6C and 6D are ob- jected because they are disclosed as the views of the cover member of 6A, however 6C and 6D shows a different part than in 6A.Applicant respectfully traverses and submits that Figures 6C and 6D indeed show part 2.FIG. 6E clearly shows that the groove 205 is not through the body of the cover member 2, as identified by the colored portion below:~"'205 FIG. 6E Therefore, FIG. 6D, the top view of the cover member 2 does not show the groove 205.In contrast, the channel 803 is open through the body of the movable member 8. For exam- ple, paragraph [0066] discloses that the stem 602 enters the channel 803 and is received in the projection 101 of the fixed element 10. Therefore, if FIG. 6D shows the movable member 8, it would show the channel 803 from the top view.FIG. 6C shows the side view of the cover member 2 and it corresponds to the cover member as shown in FIG 5 as shown below:CIn contrast, FIG. 6C does not include a feature corresponding with the feature of the movable member 8 as identified by the color line below:M.. ° 6010 .20 .......   ~
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*..md Specifications 2.
The Office Action has objected to the specification for a typo in paragraph [0064].In Paragraph [0064], "rive pin 6" has been amended to "rivet pin 6".3.
The Office Action states that 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.It is respectfully submitted that movement is relative. The concept here is rivet pin 6 and slot 505 move relative to each other. However, the actual moving part is the slot 505. The rivet pin 6 is stationary as discussed below.4.
The Office Action states that 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?It is respectfully submitted that the rivet pin 6 is actually stationary.For example, paragraph 0066 discloses that the stem 602 of the rivet pin 6 is received in the projection 101 of the fixed element 10. Paragraph 0062 discloses that the fixed element 10 is attached to the fixed frame 100.Therefore, the rivet pin 6 is actually stationary as required in claim 1.35 USC 112 5.    Claims 1-20 stand 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.a.    The Office Action states that "the rivet pin is stationary" on line 7 and "wherein a dis- tance between the rivet pin and the pin shaft remains constant in a plane defined by the arm" on lines 10-11 discloses New Matter.Applicant respectfully traverses.As discussed above, paragraph 0066 discloses that the stem 602 of the rivet pin 6 is received in the projection 101 of the fixed element 10. Paragraph 0062 discloses that the fixed element 10 is attached to the fixed frame 100. Paragraph 0039 discloses that the fixed frame 100 is adapted to be mounted in an opening formed in a wall.Therefore, the rivet pin 6 is actually stationary after the installation, i.e., during use of the device.The description "movement of the rivet pin 6 in the slot 505" is merely describing that the slot 505 moves relative to the rivet pin 6 because rivet pin 6 is stationary as discussed above.For clarity, paragraph 0065 has been amended to clarify that the slot 505 moves relative to the rivet pin 6.b.    The Office Action alleges that "wherein a distance between the rivet pin and the pin shaft remains constant in a plane defined by the arm" on lines 10-11 of claim 1 discloses New Matter.Claim 1 has been amended to recite, inter alia, "a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm." Applicant respectfully submits that this amendment does not introduce new matter.Paragraph 0059 discloses that the stem 403 of the pin shaft 4 is received in the receptacle 801 of the movable member 8.Paragraph 0066 discloses that the stem 602 of the rivet pin 6 is received in the channel 803.Therefore, the distance between the pin shaft 4 and the rivet pin 6 in the direction perpendicular to the length of the channel 803 is the same as the distance between the receptacle 801 and the channel 803 in the direction perpendicular to the length of the channel 803.It is clear from the drawings that the distance between the receptacle 801 and the channel 801 in the direction perpendicular to the length of the channel 803 is constant.As such, the distance between the pin shaft 4 and the rivet pin 6 in the direction perpendicular to the length of the channel 803 is always constant.6.
Claims 1-20 stand rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), sec- ond 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.a.
The Office Action alleges that 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.Applicant respectfully submits that the rivet pin is actually stationary as discussed above, for example, with respect to the objection under 35 U.S.C. 112(a).For clarity, claim 1 has been amended to recite, inter alia, a rivet pin, at least partially disposed in the slot, the slot is slidable relative to the rivet pin, and the rivet pin is engageable with the angled section" and "wherein a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm and the rivet pin is stationary whether the arm moves or is stationary".b.
The Office Action alleges that 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 indef- inite because it is unclear how does a shaft and a hole function like a ball-joint.For clarity, claim 15 has been amended to recite, inter alia, "a spheroid joint like connec- tion".This amendment finds support at least in 0056 and original claim 15, which disclose the spheroidal surface of the enlarged portion 402 cooperates with the spheroidal inner surface of the hole 504, which necessarily means a spheroid joint like connection is formed.For clarity, paragraphs 0009, 0056, 0077, and 0078 have been amended to replace "ball-" with "spheroid".35 USC 102 7.
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").For clarity, claim 1 has been amended to recite, inter alia, "a rivet pin, at least partially disposed in the slot, the slot is slidable relative to the rivet pin, and the rivet pin is engageable with the angled section " and "wherein a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm and the rivet pin is stationary whether the arm moves or is stationary".As discussed above, the rivet pin is stationary after installation, the slot is movable relative to the rivet pin.Also as discussed above, the distance in the direction perpendicular to a length of the slot in a plane defined by the arm between the rivet pin and the pin shaft remains constant at all times.As such, no new matter is introduced with these amendments.Applicant respectfully traverses with respect to this objection.As discussed above, the rivet pin is actually stationary during use of the device.In contrast, the rivet pin of Tremblay is merely stationary when the arm is stationary as alleged in the Office Action.Claim 1 as amended recites, inter alia, "wherein a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm and the rivet pin is stationary whether the arm moves or is stationary".In contrast, the distance between rivet pin and the pin shaft remains constant only when the arm is no moving in Tremblay.For at least these reasons, claim 1 as amended is novel over Tremblay. Claim 15 is also novel over Tremblay at least because it depends from claim 1 as amended.Claims 19 is also novel over Tremblay at least because it recites the mechanism of claim 1.Claim 20 is also novel at least because it depends from claim 19.35 USC 103 8.    Claims 16-18 stand rejected under 35 U.S.C. 103 as being unpatentable over Trem- blay as applied to claims 1, 15, and 19-20 above.As discussed above, Tremblay at least does not disclose, teach, or suggest " a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm and the rivet pin is stationary whether the arm moves or is stationary" as recited in amended claim 1.As such, claim 1 as amended is unobvious over Tremblay.Claims 16-18 are also unobvious over Tremblay at least because they depend, directly or indirectly, from claim 1 as amended.9.    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, Tremblay at least does not disclose, teach, or suggest "a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm and the rivet pin is stationary whether the arm moves or is stationary" as recited in amended claim 1.There is no indication in the Office Action that Mettler would remedy this deficiency.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 function. 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 operation 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 over Tremblay in view of Mettler at least because they de- pend, directly or indirectly, from claim 1.10.   Claim 5 stands 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 1 is unobvious over Tremblay in view of Mettler.There is no indication in the Office Action that Wu would remedy the deficiencies of Trem- blay and Mettler with respect to claim 1, which claim 4 depends indirectly from.Therefore, claims 1 and 4 are unobvious over Tremblay in view of Mettler, in further view of Wu.Claim 5 depends from claim 4. For at least this reason, claim 5 is unobvious over Tremblay in view of Mettler, as applied to claims 1-4 above, in further view of Wu.11.   Claims 1-3 and 6-14 stand rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Mettler.As discussed above, claim 1 as amended is unobvious over Tremblay in view of Mettler.Claims 2, 3, and 6-14 are also unobvious over Tremblay in view of Mettler at least because they depend, directly or indirectly, from claim 1.It is believed that the Applicant's remarks with respect to the rejections contained in the Of- fice Action are sufficient to address the rejections. It is respectfully submitted that the Appli- cant'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 Examiner believes that additional amendments to the claims may be required to secure al- lowance 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, /Lei Gao/ Lei Gao, Reg. #79042 Date: May 12, 2025 Customer No. 171784 18 King St E, Suite 1400 Toronto, ON M5C 1C4 Canada Phone: 6478589050

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 05/19/2025.
Claims 1-20 are currently pending and have been examined below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 05/19/2025 has been entered.
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 “wherein a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot” on lines 11-12 discloses New Matter. Examiner notes that the recitations on lines 11-12 is not completely true. In the annotated figure 4 below, the distance between the rivet pin and pin shaft that meets the conditional phrase “in a direction perpendicular to a length of the slot” of claim 1 remains constant.
However, in the annotated figure 5 below, the distance between the rivet pin and pin shaft that meets the conditional phrase “in a direction perpendicular to a length of the slot” does not remain constant since the pin shaft is mounted to the movable element 8 which is intended to move vertically (i.e., in the same direction as the direction of the distance between the rivet pin and pin shaft in annotated figure 5) thus the pin shaft must also move along with the movable element hence the distance between the pin shaft 4 and rivet pin 6 at least leading to the arm position shown in annotated figure 5 below does not remain constant. Since the amendments on lines 11-12 were partially correct while also discloses new matter, examiner notes that the scope of applicant’s amendments on lines 11-12 is broader than what applicant believes such that they include a scope that discloses new matter.
Note that further clarification on the original disclosure could lead to the withdrawal of these new matter issues.
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All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends.
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 1-3, 14-16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmock (EP 2116680).
Claim 1
(Schmock discloses) A mechanism (figures 1-5), comprising:
an arm (22) comprising a slot (24), the slot comprising a straight section (Annotated figure 1 below) that is substantially parallel to a length of the arm (Annotated figure 1 below) and an angled section (Annotated figure 1 below) that is at an angle relative to the length of the arm (Annotated figure 1 below), a hole (hole on arm 22 receiving 21) disposed between an end of the slot and an end of the arm (23) distal from the straight section (Annotated figure 1 below), and a centre of the hole is offset from a centreline of the straight section (see hole is offset relative to the straight section in Annotated figure 1 below);
a rivet pin (26), at least partially disposed in the slot, the slot is slidable relative to the rivet pin, and the rivet pin is engageable with the angled section (figure 2 and Excerpt 3 from page 7 below); and
a pin shaft (21), at least partially disposed in the hole, such that the arm is rotatable about the pin shaft (figures 2-4);
wherein a distance between the rivet pin and the pin shaft remains constant in a direction perpendicular to a length of the slot in a plane defined by the arm (Annotated figure 3 below; note that Excerpt 1 from page 9 and Excerpt 2 from page 7 discusses the rivet pin is fixed to the fixed element 2 which is fixed to the frame 39) and the rivet pin is stationary whether the arm moves or is stationary (Excerpt 1 and Excerpt 2; figures 2-4; see underlined section of Excerpt 3 below also discussing the slot 24 moves along the rivet pin 26 since the rivet pin is stationary).
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Claim 2
(Schmock discloses) The mechanism of claim 1, further comprising a fixed element (2) that is configured to fixedly attach to a fixed frame (39), and to receive the rivet pin (figure 3).
Claim 3
(Schmock discloses) The mechanism of claim 2, further comprising a movable element (4) that includes a receptacle (receptacle of 19 receiving pin shaft 21; figure 1) configure to receive a first portion of the pin shaft (figure 1).
Claim 14
(Schmock discloses) The mechanism of claim 1, further comprising a cover member (2) that comprises a groove (the groove for receiving 26) that a head of the rivet pin is movably received therein (figure 1), and a receptacle (17) that is configured to receive a second portion of the pin shaft (figure 1).
Claim 15
(Schmock discloses) The mechanism of claim 1, wherein the pin shaft comprises an enlarged portion (the portion of the pin shaft 21 received by the spherical hole of 22) that comprises a spheroidal surface that is received in the hole, and the hole defines a spheroidal inner surface (figure 1), wherein the spheroidal surface and the spheroidal inner surface cooperate to allow a spheroid joint like connection (figures 2-5).
Claim 16
(Schmock discloses) The mechanism of claim 1, wherein the angle is larger than 0 degrees and
smaller than 90 degrees (Annotated figure 1 above).
Claim 19
(Schmock discloses) A covering (40; figure 1) for an opening in a building, the covering comprising the mechanism of claim 1 (see rejection in claim 1 above).
Claim 20
(Schmock discloses) The covering of claim 19, wherein the covering is a window or a door (abstract discussing a leaf of a window or 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 4-13 are rejected under 35 U.S.C. 103 as being unpatentable over Schmock, as applied to claims 1-3, 14-16, and 19-20 above, in view of Tremblay (US 6431620).
Claim 4
(Schmock discloses) The mechanism of claim 3.
Schmock fails to disclose 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.
(However, Tremblay teaches) a movable shield element (20; Tremblay figures 5-8) comprises a channel (channel defined by the two 38; Tremblay figure 8) that is offset from a receptacle (42), and a rivet pin (54) passes through the channel to be received in a fixed element (56; Tremblay figure 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the mechanism of Schmock with the movable shield element of Tremblay, with a reasonable expectation of success, to cover the parts of the mechanism thus protecting them from the environment and reducing the chances of dust or debris from building up which could break the mechanism.
Claim 5
(Schmock, as modified above, discloses) The mechanism of claim 4.
Modified Schmock fails to disclose 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, Tremblay teaches) a fixed element comprises a projection (Annotated figure 7 below) that is configured to be at least partially received in the channel (channel defined by the two 38; Tremblay figure 8), and a rivet pin (Annotated figure 7 below) is received in the projection.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the fixed element of the mechanism of modified Schmock with the projection that is partially received to the channel and receiving the rivet pin as taught by Tremblay, with a reasonable expectation of success, to provide further bolstering to the rivet pin improving its attachment to the fixed element.
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Claim 6
(Schmock discloses) The mechanism of claim 3.
Schmock is silent regarding further comprising a rod, which comprises an aperture that is configured to receive the movable element.
(However, Tremblay teaches) further comprising a rod (20; Tremblay figures 5-8), which comprises an aperture (aperture defined by the two 38) that is configured to receive a movable element (the aperture provides adequate space for a movable element).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the mechanism of Schmock with the rod with an aperture of Tremblay, with a reasonable expectation of success, for translating the movement of the movable element. In addition, the rod with the aperture also covers the parts of the mechanism thus protecting them from the environment and reducing the chances of dust or debris from building up which could break the mechanism.
(Schmock, as modified above, discloses) the rod, which comprises the aperture that is configured to receive the movable element (this is inevitable via the combination above).
Claim 7
(Schmock, as modified above, discloses) The mechanism of claim 6, wherein the rod is configured to be movably attached to the fixed frame (this is inevitable via the combination above).
Claim 8
(Schmock, as modified above, discloses) The mechanism of claim 7, further comprising a hung sash (40; figure 1) that is connected to the fixed frame by a hinge (not shown but the pivoting movement of the sash 40 in figure 1 must inherently disclose a hinge), allowing the hung sash to rotate about the hinge (figure 1).
Modified Schmock fails to disclose:
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 rotating away from the fixed frame.
(However, Tremblay teaches)
wherein a rod (20) comprises a projection (160; figure 11);
a hung sash (12) 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).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the rod and hung sash of modified Schmock with the projection and retainer member, respectively, of Tremblay, with a reasonable expectation of success, for providing a locking mechanism to the hung sash therefore it would not open accidentally or unattentively.
Claim 9
(Schmock, as modified above, discloses) The mechanism of claim 8.
Modified Schmock is silent regarding 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.
(However, Tremblay teaches) wherein a handle (134; figures 3-5) is disposed on a fixed frame (figure 1), and the handle is operatively connected to a rod (20), 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).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the mechanism of modified Schmock with the handle of Tremblay, with a reasonable expectation of success, for the ease of moving the hung sash and the handle also acts as an actuating means for opening/closing the hung sash.
Claim 10
(Schmock, as modified above, discloses) The mechanism of claim 9, wherein a movement of the rod comprises a first portion (movement portion of the rod associated to a movement of the straight section along the rivet pin) wherein the straight section slides about the rivet pin (figures 4-5) and causes the projection to disengage from the retainer member (this would be inevitable via the combination above), and a second portion (movement portion of the rod associated to an engagement of the angled section along the rivet pin) wherein the angled section engages the rivet pin such that the arm rotates about the pin shaft (figures 2-3; Excerpt 3 from page 7 above discussing the operation of the mechanism of modified Schmock).
Claim 11
(Schmock, as modified above, discloses) The mechanism of claim 10, further comprising a slider (14) disposed at one end of the arm distal from the slot (14 is near the end of the arm 22 distal from the slot), 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 (vertical frame of the hung sash) when the arm rotates.
Claim 12
(Schmock, as modified above, discloses) The mechanism of claim 11, wherein when the hung sash is fully open, the arm is in a locked position (figure 1).
Claim 13
(Schmock, as modified above, discloses) The mechanism of claim 12, wherein the arm (for this claim, the arm was interpreted as arms 11 and 22) is substantially perpendicular to a side of the fixed frame and a side of the hung sash in the locked position (arm 11 is ‘substantially perpendicular’ to a vertical side of the fixed frame and hung sash; note that ‘substantially’ was broadly interpreted as -- Considerable in importance, value, degree, amount-- such that the claim only requires the arm to be ‘considerably’ perpendicular; note that if the claims were amended to remove the term ‘substantially’, it would overcome the prior art).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Schmock, as applied to claims 1-3, 14-16, and 19-20 above.
Claims 17 and 18
(Schmock discloses) The mechanism of claim 16.
Schmock is silent regarding:
“wherein the angle is between 20 and 70 degrees” (claim 17);
“wherein the angle is 45 degrees” (claim 18).
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 relative to the length of the arm to 45°, with a reasonable expectation of success, for optimizing the pivoting movement of the levers and arms of the mechanism of Schmock therefore the opening/closing of the hung sash is smoother.
Response to Arguments
Applicant’s arguments directed to the drawing and specification objections have been considered.
Applicant’s arguments directed to the 112(b) have been considered and have been accepted. Note that the amendments introduced new 112 issues - see above.
Applicant's arguments filed on 05/19/2025 have been fully considered but are moot because the new ground of rejection does not rely on the reference applied in the prior rejection of record, for at least the independent claim, specifically challenged in the argument.
Conclusion

CITED REFERENCE SUMMARIES: Ref US9797176B2: Claims:
A device for opening and closing an outwardly opening pivoting wing, comprising: an actuating device including a support, a crank rotatable relative to the support and a control mechanism operated by the crank, and an arm having a toothed portion which cooperates with said control mechanism, wherein the control mechanism cooperates with the toothed portion for swinging the arm between a closed wing angular position and an open wing angular position, and wherein in the closed wing angular position, the control mechanism cooperates with the toothed portion of the arm for the translational motion of the arm along a rectilinear direction between a locked wing position and an unlocked wing position, and vice versa, characterized in that it comprises: a first and a second slider for engagement with a groove of the wing in a movable manner in the rectilinear direction, wherein the first slider is articulated at a distal end of the arm and wherein the second slider is connected to a locking device including a plurality of locking elements carried by the wing and connected to each other by a plurality of connecting rods, and a connecting member intended to be mounted on a fixed frame of the wing, said connecting member comprising a fixed base and a striker movable in the rectilinear direction, wherein the movable striker comprises two seats for engagement by respective teeth of the first and second sliders.
an actuating device including a support, a crank rotatable relative to the support and a control mechanism operated by the crank, and an arm having a toothed portion which cooperates with said control mechanism, wherein the control mechanism cooperates with the toothed portion for swinging the arm between a closed wing angular position and an open wing angular position, and wherein in the closed wing angular position, the control mechanism cooperates with the toothed portion of the arm for the translational motion of the arm along a rectilinear direction between a locked wing position and an unlocked wing position, and vice versa, characterized in that it comprises:
a first and a second slider for engagement with a groove of the wing in a movable manner in the rectilinear direction, wherein the first slider is articulated at a distal end of the arm and wherein the second slider is connected to a locking device including a plurality of locking elements carried by the wing and connected to each other by a plurality of connecting rods, and
a connecting member intended to be mounted on a fixed frame of the wing, said connecting member comprising a fixed base and a striker movable in the rectilinear direction, wherein the movable striker comprises two seats for engagement by respective teeth of the first and second sliders.
A device according to claim 1 , characterized in that said arm has a circular articulation seat communicating with a straight guide radial with respect to said circular articulation seat, wherein said fixed pin engages said straight guide in the locked wing position and engages said circular articulation seat in said unlocked wing position.
A device according to claim 1 , characterized in that said arm comprises a hook portion which in said locked wing position engages an opening of a fixed projection.
A device according to claim 1 , characterized in that said control mechanism comprises a worm screw fixed to said crank and meshing with a gear wheel.
A device according to claim 4 , characterized in that said gear wheel has a toothing with helical teeth and in that said toothed portion of the arm has a toothing with helical teeth which meshes with said toothing with helical teeth of the gear wheel.
A device according to claim 4 , characterized in that said gear wheel has a first toothing with helical teeth and a second toothing with straight teeth, wherein the first toothing meshes with said worm screw and wherein said toothed portion of the arm has a toothing with straight teeth, which meshes with said second toothing.
A device according to claim 4 , characterized in that said gear wheel has a toothing with straight teeth, and in that said toothed portion of the arm has a toothing with straight teeth which meshes with said toothing with straight teeth of the gear wheel.
A device according to claim 1 , characterized in that said toothed portion of the arm has a circular toothed portion and a straight toothed portion adjacent to each other.
A device according to claim 1 , characterized in that said arm comprises a first arm portion and a second arm portion fixed together by means of an adjusting device which allows adjustment of the angular position between the first and the second arm portions.
Ref US7004515B2: Claims:
A fenestration locking system for a swinging sash or door, comprising: a) a flexible linear push-pull member, which flexible linear push-pull member is substantially and uniformly flexible throughout its entire length and has multiple actuator engagement sites along its length; b) a keeper c) a locking pin assembly, which locking pin assembly has a moveable locking pin and a guide, the moveable locking pin having an actuator that engages at least one of the multiple actuator engagement sites on the flexible linear member when held in position thereon by the guide such that said flexible linear member can then cause said locking pin to move with respect to said locking pin assembly so that an extension engages the keeper when said flexible linear member is moved in a first direction and so that said extension disengages the keeper when said flexible linear member is moved in a second direction; and d) an actuating assembly, which actuating assembly is used to move said flexible linear member in said first direction and in said second direction, wherein said actuating assembly is comprised of a substantially rigid lever arm with an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm pivoting about said drive member when the handle is moved, which drive member is slideable in a drive member slot parallel to said flexible linear member and which drive member engages said flexible linear member at one of said multiple actuator engagement sites.
a) a flexible linear push-pull member, which flexible linear push-pull member is substantially and uniformly flexible throughout its entire length and has multiple actuator engagement sites along its length;
c) a locking pin assembly, which locking pin assembly has a moveable locking pin and a guide, the moveable locking pin having an actuator that engages at least one of the multiple actuator engagement sites on the flexible linear member when held in position thereon by the guide such that said flexible linear member can then cause said locking pin to move with respect to said locking pin assembly so that an extension engages the keeper when said flexible linear member is moved in a first direction and so that said extension disengages the keeper when said flexible linear member is moved in a second direction; and
d) an actuating assembly, which actuating assembly is used to move said flexible linear member in said first direction and in said second direction, wherein said actuating assembly is comprised of a substantially rigid lever arm with an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm pivoting about said drive member when the handle is moved, which drive member is slideable in a drive member slot parallel to said flexible linear member and which drive member engages said flexible linear member at one of said multiple actuator engagement sites.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said locking pin assembly is mounted on a fenestration frame and said keeper is oppositely mounted on a window or door mounted in said fenestration frame.
A fenestration locking system for a swinging sash or door as described in claim 2 , wherein said flexible linear member and actuating assembly are mounted on the fenestration frame.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said keeper is incorporated into a fenestration frame and said locking pin assembly is opposingly mounted on a window or door mounted in said fenestration frame.
A fenestration locking system for a swinging sash or door as described in claim 4 , wherein said flexible linear member and actuating assembly are incorporated into the window or door mounted in said fenestration frame.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said guide holds said locking pin and said flexible linear member in operative positions.
A fenestration locking system for a swinging sash or door as described in claim 6 , wherein said guide is inset into a swinging door or sash over said locking pin and said flexible linear member.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said engagement sites are perforations in said flexible linear member.
A fenestration locking system for a swinging sash or door as described in claim 8 , wherein said actuator has an engagement member that inserts into one of said perforations.
A fenestration locking system for a swinging sash or door as described in claim 1 , further including a corner member for mounting at a corner of a window or door frame, which corner member guides said flexible linear member around said corner from said actuating assembly to said locking pin assembly.
A fenestration locking system for a swinging sash or door as described in claim 1 , further including a corner assembly for a corner of a window or door, which corner assembly guides said flexible linear member around said window or door corner from said actuating assembly to said locking pin assembly.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said locking pin moves in a slide slot in said locking pin assembly when moved by said flexible linear member.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said locking pin has a collar by which it is maintained in said locking pin assembly.
A fenestration locking system for a swinging sash or door as described in claim 9 , wherein said locking pin has an enlarged engagement member by which it is maintained in said locking pin assembly.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said lever arm also has a pivot member, which pivot member is slideable in a pivot member slot transverse to said flexible linear member.
A fenestration locking system for a swinging sash or door as described in claim 15 , wherein said pivot member is aligned with said drive member slot when the locking system is locked.
A fenestration locking system for a swinging sash or door as described in claim 16 , wherein said pivot member slot and said drive member slot overlap.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said lever arm has a detachable handle.
A fenestration locking system for a swinging sash or door as described in claim 1 , wherein said locking pin is hook shaped and said keeper is shaped to engage said hook-shaped locking pin.
A fenestration locking system for a swinging sash or door, comprising: a) a linear member with multiple engagement sites along its length; and b) an actuating assembly having a housing with a substantially rigid lever arm moveable with respect to said housing, which lever arm has an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm pivoting about said drive member when the handle is moved, which drive member is slideable in a drive member slot in said housing parallel to said linear member and which drive member can engage said linear member at one of said multiple engagement sites such that said lever arm can then cause said linear member to move with respect to said actuating assembly, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a pivot member slot in said housing transverse to said linear member.
a) a linear member with multiple engagement sites along its length; and
b) an actuating assembly having a housing with a substantially rigid lever arm moveable with respect to said housing, which lever arm has an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm pivoting about said drive member when the handle is moved, which drive member is slideable in a drive member slot in said housing parallel to said linear member and which drive member can engage said linear member at one of said multiple engagement sites such that said lever arm can then cause said linear member to move with respect to said actuating assembly, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a pivot member slot in said housing transverse to said linear member.
A fenestration locking system for a swinging sash or door as described in claim 20 , wherein said engagement sites are perforations in said linear member.
A fenestration locking system for a swinging sash or door as described in claim 21 , wherein said drive member inserts into one of said perforations.
A fenestration locking system for a swinging sash or door as described in claim 20 , wherein said linear member is flexible.
A fenestration locking system for a swinging sash or door as described in claim 20 , wherein said linear member is rigid.
A fenestration locking system for a swinging sash or door as described in claim 20 , further comprising a keeper locking pin attached to said linear member.
A fenestration locking system for a swinging sash or door as described in claim 20 , wherein said pivot member is aligned with said drive member slot when the locking system is locked.
A fenestration locking system for a swinging sash or door as described in claim 26 , wherein said pivot member slot and said drive member slot overlap.
A fenestration locking system for a swinging sash or door as described in claim 20 , wherein said lever arm has a detachable handle.
A fenestration locking system for a swinging sash or door as described in claim 25 , wherein said keeper locking pin is hook shaped.
A fenestration locking system for a swinging sash or door, comprising: a) a keeper; and b) an actuating assembly having a housing with a substantially rigid lever arm moveable with respect to said housing, which lever arm has an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm pivoting about said drive member when the handle is moved, which drive member is slideable in a drive member slot in said housing and can engage said keeper, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a pivot member slot in said housing transverse to said drive member slot.
a) a keeper; and
b) an actuating assembly having a housing with a substantially rigid lever arm moveable with respect to said housing, which lever arm has an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm pivoting about said drive member when the handle is moved, which drive member is slideable in a drive member slot in said housing and can engage said keeper, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a pivot member slot in said housing transverse to said drive member slot.
fenestration locking system for a swinging sash or door as described in claim 30 , wherein said pivot member is aligned with said drive member slot when the locking system is locked.
A fenestration locking system for a swinging sash or door as described in claim 31 , wherein said pivot member slot and said drive member slot overlap.
A fenestration locking system for a swinging sash or door as described in claim 30 , wherein said lever arm has a detachable handle.
A fenestration locking system for a swinging sash or door, comprising: a) a linear member with multiple engagement sites along its length; and b) an actuating assembly having a housing with a lever arm moveable with respect to said housing, which lever arm is pivotable about a drive member, which drive member is slideable in a drive member slot in said housing parallel to said linear member and which drive member can engage said linear member at one of said multiple engagement sites such that said lever arm can then cause said linear member to move with respect to said actuating assembly, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a linear path in a pivot member slot in said housing transverse to said linear member.
b) an actuating assembly having a housing with a lever arm moveable with respect to said housing, which lever arm is pivotable about a drive member, which drive member is slideable in a drive member slot in said housing parallel to said linear member and which drive member can engage said linear member at one of said multiple engagement sites such that said lever arm can then cause said linear member to move with respect to said actuating assembly, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a linear path in a pivot member slot in said housing transverse to said linear member.
A fenestration locking system for a swinging sash or door, comprising: a) a keeper; and b) an actuating assembly having a housing with a lever arm moveable with respect to said housing, which lever arm has an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm being pivotable about said drive member, which drive member is slideable in a drive member slot in said housing and can engage said keeper, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a linear path in a pivot member slot in said housing transverse to said drive member slot.
b) an actuating assembly having a housing with a lever arm moveable with respect to said housing, which lever arm has an actuating handle for movement of the lever arm at one end and a drive member at an other end opposite therefrom, the handle not being pivotally connected to said housing other than by said lever arm, the lever arm being pivotable about said drive member, which drive member is slideable in a drive member slot in said housing and can engage said keeper, and wherein said lever arm also has a transverse pivot member, which pivot member is substantially parallel to said drive member and is slideable in a 
[Truncated to input limit]