DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/08/2026 has been entered.
Claim Objections
Claims 1, 8, and 18 are objected to because of the following informalities:
In line 26 of claim 1, “the second plurality” should be “the second plurality of drive teeth”.
In line 3 of claim 8, “the second engagement” should be “the second engagement portion”.
In line 2 of claim 18, “the second engagement” should be “the second engagement portion”.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-7, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. 6,341,639 – Mullet et al., hereinafter Mullet.
Regarding claim 1.
Mullet discloses a door assembly (100, fig 1) comprising:
a door panel (115, fig 1) having a top edge (at 107, fig 1), a bottom edge (at 118, fig 1), a first vertical edge (at 116, fig 1), and a second vertical edge (at 117, fig 1), a first plurality of drive teeth (including 116, 123 and 124, fig 1) fixed proximate the first vertical edge (See fig 1), and a second plurality of drive teeth (including 117, 123 and 124, fig 1) fixed proximate the second vertical edge;
a drum (107, fig 4d), the door panel being fixed proximate the top edge to the drum (See fig 4d), the door panel winding onto (Column 5, lines 51-53; When the curtain is open, it is in its first position and resides primarily on a counterbalanced windup reel.) and unwinding from the drum to open and close a doorway (Column 5, lines 22-24; In its upper position the windlocking curtain permits normal use of the opening and in its lower position it secures the opening.);
a first side column (111, fig 1) and a second side column (112, fig 1), wherein the first side column is positioned proximate a first side of the doorway and the second side column is positioned proximate a second side of the doorway (Column 13, lines 23-24; Left-side track 111 is affixed to the frame or building structure as is right-side track 112.), the first side column and the second side column each comprising a guide track (as in fig 11) and each guide track comprising a first portion (at 111 or 112 in fig 1, respectively) arranged vertically above a second portion (at 113 or 114 in fig 1, respectively) relative to a direction of travel of the door panel when unwinding from the drum to close the doorway (See fig 1), wherein the first portion (See fig 12) of each guide track comprises a rear portion (as in annotated fig 11) and a first engagement portion (1201, fig 12) bounding a first guide channel (receiving 1205, fig 12) in which the first plurality of drive teeth (as at 1205, fig 12) or the second plurality of drive teeth (as at 1205, fig 12) travel when the door panel is wound or unwound from the drum, wherein the first plurality of drive teeth or the second plurality of drive teeth are spaced from the first engagement portion a first distance (as in fig 12) within the first guide channel when the door panel is unloaded in a partially or fully closed position, and the first engagement portion defines a first gap (between 1201 and 1209, fig 12), the first guide channel and the first gap running continuously along the first portion of each guide track (See fig 5), the second portion (see fig 11) of each guide track comprises the rear portion (see annotated fig 11) and a second engagement portion (1101, fig 11) bounding a second guide channel (receiving 1107, fig 11) in which the first plurality of drive teeth or the second plurality (as at 107, fig 11) travel when the door panel is wound or unwound from the drum, wherein the first plurality of drive teeth or the second plurality of drive teeth are engaged by the second engagement portion (See fig 11) and forced towards the rear portion in the second guide channel when the door panel is unloaded in a partially or fully closed position (See fig 11), and the second engagement portion defines a second gap (between 1101 and 1109, fig 11), the second guide channel and second gap running continuously along the second portion of each guide track (See fig 5).
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Regarding claim 3.
Mullet discloses all limitations of claim 1.
Mullet further discloses each guide track (at 111 or 112 in fig 1) comprises a transition gap (as in annotated fig 11, between the first portion and second portion of the respective guide track), the transition gap being positioned between the first gap and the second gap (as in fig 5).
Regarding claim 4.
Mullet discloses all limitations of claim 1.
Mullet further discloses each guide track (at 111 or 112 in fig 1) comprises a transition portion (See dashed portion in fig 5) between the first portion (at 111 in fig 5) and the second portion (at 113, fig 5), wherein the transition portion of the guide track includes a transition guide channel depth (as in annotated fig 11), the transition guide channel depth being the first depth at the top portion of the transition guide channel depth and is the second depth at the bottom portion of the transition guide channel depth (See fig 5), the transition portion engaging the first plurality of drive teeth or the second plurality of drive teeth and pushing the first plurality of drive teeth or the second plurality of drive teeth closer to the rear of the guide track once the first plurality of drive teeth or the second plurality of drive teeth are engaged (See fig 5; also, compare figs 12 and 11).
Regarding claim 5.
Mullet discloses all limitations of claim 3.
Mullet further discloses the transition gap has a transition gap width (as in annotated fig 11).
Regarding claim 6.
Mullet discloses all limitations of claim 5.
Mullet further discloses the transition gap width (as in annotated fig 11) is equal to (See fig 5) the second gap width (as in annotated fig 11).
Regarding claim 7.
Mullet discloses all limitations of claim 5.
Mullet further discloses the transition gap width (as in annotated fig 11) is equal to the first gap width (as in annotated fig 11) at a top portion of the transition gap (See fig 5), and the transition gap width (as in annotated fig 11) is equal to the second gap width (as in annotated fig 11) at a bottom portion of the transition gap (See fig 5).
Regarding claim 18.
Mullet discloses all limitations of claim 1.
Mullet further discloses the first engagement portion (1201, fig 12) of each guide track and the second engagement (1101, fig 11) of each guide track has a geometry (See figs 11 and 12) which mates with a geometry of each individual drive tooth (at 1107, fig 11) in the first plurality of drive teeth or the second plurality of drive teeth (See fig 11).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8-16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullet in view of US Pat. 5,657,805 – Magro.
Regarding claim 8.
Mullet discloses all limitations of claim 1.
Mullet does not explicitly disclose the second portion of each guide track is molded so that the second engagement portion is moved inwards into the guide track so that the second engagement is closer to the rear portion of the guide track than the first engagement portion.
However, Magro teaches the second portion (80, fig 14) of each guide track is molded so that the second engagement portion (80b, fig 14) is moved inwards into the guide track so that the second engagement is closer to the rear portion (at 40 in fig 11) of the guide track than the first engagement portion (See fig 15).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Mullet with the inwardly moved second engagement portion of Magro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing a more positive lockup in a fully closed position.
Regarding claim 9.
The combination of Mullet and Magro teaches all limitations of claim 8.
The combination, in Magro, further teaches the second portion (80, fig 14) of each guide track includes a body (at 80 in fig 14), the body extending between the second engagement portion (80b, fig 14) and an outer edge of each guide track bounding the doorway (adjacent reference character 46 in fig 9), the body further defining a body gap (between 80 and 52 in fig 9) from the second engagement portion to the outer edge of each guide track so that the door panel (at 44, fig 9) may extend through from the doorway through the body gap (between 80 and 52 in fig 9) and the second gap (between 46 and 52 in fig 9) into the second guide channel (See fig 9).
Regarding claim 10.
Mullet discloses all limitations of claim 1.
Mullet does not disclose at least two inserts, wherein one insert from the at least two inserts is inserted into each guide track to form the second portion of each guide track, each insert having a second engagement portion positioned closer to the rear portion of the guide track than the first engagement portion.
However, Magro teaches at least two (See fig 15) inserts (80, fig 14), wherein one insert from the at least two inserts is inserted into each guide track (See fig 15) to form the second portion of each guide track, each insert having a second engagement portion (80b, fig 14) positioned closer to the rear portion of the guide track than the first engagement portion (See fig 9).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Mullet with the inwardly moved second engagement portion of Magro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing a more positive lockup in a fully closed position.
Regarding claim 11.
The combination of Mullet and Magro teaches all limitations of claim 10.
The combination, in Magro, further teaches each insert includes a body (80, fig 14) which fills the guide channel (See figs 9 and 14) between the first engagement portion (at 46, fig 14) and the second engagement portion (80b, fig 14), the body further defining an insert gap (between 80 and 52 in fig 9) so that the door panel (at 44, fig 9) may extend through from the doorway through the insert gap (between 80 and 52 in fig 9) and the second gap (between 46 and 52 in fig 9) into the second guide channel (see fig 9).
Regarding claim 12.
Mullet discloses all limitations of claim 1.
Mullet does not disclose each side column further comprises a guide track retainer mounted to each guide track, each guide track retainer being made from a different material than each guide track, wherein the material of each guide track is more flexible than the material of each guide track retainer.
However, Magro teaches each side column further comprises a guide track retainer (50, fig 9) mounted to each guide track (including 52 and 54, fig 9), each guide track retainer being made from a different material (Thicker stock, see fig 9) than each guide track, wherein the material of each guide track is more flexible than the material of each guide track retainer (The thinner material of the track is more likely to bend than the thicker material of the retainer. See fig 9).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Mullet with the guide track retainer of Magro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing the guide tracks to be adjustably affixed proximate the edges of the doorway.
Regarding claim 13.
The combination of Mullet and Magro teaches all limitations of claim 12.
The combination, in Magro, further teaches each guide track retainer (50, fig 9) extends a first distance (See annotated fig 9) across the first portion of an associated guide track of said guide tracks and a second distance (See annotated fig 9) across the second portion of the associated guide track of said guide tracks, wherein the first distance is different than the second distance (See annotated fig 9).
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Regarding claim 14.
The combination of Mullet and Magro teaches all limitations of claim 12.
The combination, in Magro, further teaches each guide track retainer (50, fig 9) extends across the second portion (80, fig 9) of an associated guide track a distance that is at least equal to the second depth (See annotated fig 9).
Regarding claim 15.
Mullet discloses all limitations of claim 1.
Mullet does not disclose the first portion of each guide track has a first flexibility and the second portion of each guide track has a second flexibility, wherein the first flexibility is more flexible than the second flexibility.
However, Magro teaches the first portion of each guide track has a first flexibility and the second portion of each guide track has a second flexibility, wherein the first flexibility is more flexible than the second flexibility (The addition of material at 80 as seen in fig 14 would necessarily increase the stiffness of the second portion, due to the added material).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Mullet with the more rigid second portion of Magro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing a more positive lockup in a fully closed position.
Regarding claim 16.
Mullet discloses all limitations of claim 1.
Mullet does not disclose the first engagement portion has a different flexibility than the second engagement portion.
However, Magro teaches the first engagement portion has a different flexibility than the second engagement portion (The addition of material at 80 as seen in fig 14 would necessarily increase the stiffness of the second portion, due to the added material).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Mullet with the more rigid second portion of Magro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing a more positive lockup in a fully closed position.
Regarding claim 19.
Mullet discloses a door assembly (100, fig 1) comprising:
a door panel (115, fig 1) having a top edge (at 107, fig 1), a bottom edge (at 118, fig 1), a first vertical edge (at 116, fig 1), a second vertical edge (at 117, fig 1), a first plurality of drive teeth (including 116, 123 and 124, fig 1) fixed proximate the first vertical edge (See fig 1), and a second plurality of drive teeth (including 117, 123 and 124, fig 1) fixed proximate the second vertical edge (See fig 1);
a drum (107, fig 4d), the door panel being fixed proximate the top edge to the drum (See fig 4d), the door panel winding onto (Column 5, lines 51-53; When the curtain is open, it is in its first position and resides primarily on a counterbalanced windup reel.) and unwinding from the drum to open and close a doorway (Column 5, lines 22-24; In its upper position the windlocking curtain permits normal use of the opening and in its lower position it secures the opening.);
a first side column (111, fig 1) and a second side column (112, fig 1), wherein the first side column is positioned proximate a first side of the doorway and the second side column is positioned proximate a second side of the doorway (Column 13, lines 23-24; Left-side track 111 is affixed to the frame or building structure as is right-side track 112.), the first side column and the second side column each comprising a guide track (as in fig 11) and each guide track comprising an engagement portion (as at 1101, fig 11) and a rear portion (See annotated fig 11) and a guide channel (receiving 1107 in fig 11), the guide channel extending vertically within the guide track (See fig 5) and being divided into three portions (at 111, 113, and the dashed portion between them), wherein a first portion (at 111 in fig 5) of each guide channel beginning at a top portion of the guide track (See fig 1) and being defined between a first portion of the engagement portion (as at 1201 in fig 12) and the rear portion at a first depth (as in annotated fig 11), with the first portion of the engagement portion and rear portion being positioned such that a first gap exists between the first portion of the engagement portion and the first plurality of drive teeth or the second plurality of teeth when the door panel is at least partially unloaded in at least a partially closed position (See fig 12);
a transition portion (see dashed portion in fig 5) of each guide channel beginning beneath the first portion of each guide channel and being defined between a transition portion of the engagement portion and the rear portion (as in annotated fig 11), wherein the transition portion of the engagement portion engages the drive teeth (as in annotated fig 11) when the door panel is at least partially unwound in at least a partially closed position between the vertical topmost portion of the transition portion of the engagement portion and the vertical lowermost portion of the engagement portion (as in annotated fig 11) and forces drive teeth in the first plurality of drive teeth or the second plurality of drive teeth towards the rear portion of the guide track (as in annotated fig 11); and
a second portion (at 113, fig 5) of each guide channel beginning beneath the transition portion of each guide channel and being defined between a second portion of the engagement portion and the rear portion at the second depth (see annotated fig 11), with the second portion of the engagement portion maintaining the distance between the first vertical edge of the door panel or the second vertical edge of the door panel and rear portion established at the lowermost portion of the transition portion of the engagement portion for any portion of the door panel engaged by the second engagement portion (See annotated fig 11).
Mullet does not disclose the transition portion of the engagement portion being angled such that the transition portion of the engagement portion becomes closer to the rear portion along the height of the transition portion of the engagement portion, with a vertical topmost portion of the transition portion of the engagement portion having an initial transition portion depth equal to the first depth, and a vertical lowermost portion of the transition portion of the engagement portion having a second depth, continually reducing a distance between the first vertical edge of the door panel or the second vertical edge of the door panel and the rear portion of the guide track until the lowermost portion of the transition engagement portion is reached.
However, Magro teaches the transition portion (80a, fig 14) of the engagement portion being angled (See fig 14) such that the transition portion of the engagement portion becomes closer to the rear portion (at 40 in fig 9) along the height of the transition portion of the engagement portion (See fig 14), with a vertical topmost portion of the transition portion of the engagement portion having an initial transition portion depth equal to the first depth (See fig 14), and a vertical lowermost portion of the transition portion of the engagement portion having a second depth (See figs 9 and 14), continually reducing a distance between the first vertical edge of the door panel or the second vertical edge of the door panel and the rear portion of the guide track until the lowermost portion of the transition engagement portion is reached (See fig 14).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Mullet with the angled transition portion of Magro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing a more positive lockup in a fully closed position.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 19 have been considered but are moot in light of the new grounds of rejection.
Conclusion
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/J.W.H./ Examiner, Art Unit 3634
/ABE MASSAD/ Primary Examiner, Art Unit 3634
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