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 09/29/2025.
Status of Claims: Claims 1-6 and 8 are currently pending and have been examined below. Claims 7 and 9 have been cancelled.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/29/2025 has been entered.
Claim Interpretation
In lines 1-2 of claim 5, “wherein the door seal connecting means has a first lever arm” questions the clarity of the claim since claim 4, to which claim 5 depends from, recites the door seal connecting means is already configured in the shape of an arm. Therefore the recitation in claim 5 could be referring to a new lever arm or to the same arm as the pivot arm of claim 4. Examiner takes the position that, when claims 4 and 5 are read as a whole, the first lever arm was interpreted as the same arm as the pivot arm. Similar interpretation was applied for the ‘second lever arm’ in claim 5.
Claim Objections
Claims 1 and 3-4 are objected to because of the following informalities:
In lines 14 and 19 of claim 1, “the door” should read --the door leaf--.
In line 18 of claim 1, “the open position” should read --the opened position--.
In line 26 of claim 1, “movement of the door leaf” seems that it is the same as the “door leaf movement” set forth on line 5. If these are the same movements along the transverse direction, please amend line 26 to recite --the door leaf movement--.
In lines 2-3 of claim 3, “and the door seal via a door seal connecting means with the rotary device” should read --and the door seal is connected via a door seal connecting means with the rotary device--.
In line 3 of claim 4, “one first pivot arm end” should read --a first pivot arm end--.
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 1-6 and 8 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 “and the door seal and door leaf only move in the vehicle transverse direction.” on lines 27-28 discloses new matter. Although the door seal and door leaf do move in the vehicle transverse direction Q (shown in figures 7-8), the claim recites “only move in the vehicle transverse direction” which are narrow limitations and requires the door seal and the door leaf to not move in any direction other than their respective transverse directions.
However as shown in the drawings and disclosed in the original disclosure, both the door leaf and door seal also slide via their respective guide rollers 8-9 and guiding profiles 10-11 (see figures 5-8). These rollers are disclosed to roll (see applicant’s disclosure in page 8 below) such that the door leaf and door seal are moved in a different direction other than the vehicle transverse direction to their fully opened positions (see Annotated figure 5 below).
Examiner notes that the “vehicle transverse direction” was interpreted as applicant defined as ‘Q’ disclosed in the original disclosure.
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends.
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Sliding movement of the door leaf and door seal
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Annotated figure 5
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 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Teufl et al. (DE 202016101709) (hereinafter “Teufl”).
Claim 1
(Teufl discloses) A door system (figures 1-6), in particular a pivot sliding door system (see pivoting mechanism in figures 5-6), for a public transport vehicle (the invention is directed to a transport vehicle, see in the “state of the art” section on page 2), comprising:
a door leaf (1; figures 1-4), configured to be moved from a closed position (figures 1-2) towards an opened position (figures 3-4) and from the opened position to the closed position while carrying out a door leaf movement (door leaf movement shown in figures 1 and 3), wherein the door leaf, when carrying out the door leaf movement, is moved in a vehicle transverse direction (see door leaf moved in a horizontal transverse direction in figures 1 and 3); and
a door seal (11), which is disposed underneath a lower edge (10) of the door leaf delimiting the door leaf towards a bottom (figures 1 and 3), and extends along the lower edge (see figures 2 and 4 showing the seal along the lower edge), wherein the door seal is actively movable (see door seal actively moving in figures 1-4) and movably supported on a sliding fit member (17), and is arranged such that the door seal, when the door leaf movement is carried out, undergoes a door seal movement (see the rotating movement of the door seal at axis 13 shown in figures 1 and 3) and is moved in the vehicle transverse direction (the door seal is moved in the same horizontal transverse direction as the door leaf; figures 1-4);
wherein the door leaf and the door seal are arranged such that in the closed position of the door (figure 1), the door leaf and the door seal are both arranged at an external shell (2; figure 1) of the vehicle and the door leaf and the door seal are arranged such that a distance the door seal moves in the vehicle transverse direction is less than a distance the door leaf moves in the vehicle transverse direction (Annotated figure 3 below; as a note, both distances in Annotated figure 3 below were respectively measured from the lowest points of the door leaf and door seal), such that in the open position of the door leaf, a distance between the lower edge (10) of the door and an upper edge of the door seal is increased in the vehicle transverse direction (Partial Annotated figures 1 and 3 below),
wherein the door seal moves relative to the door leaf (figures 1 and 3; since the door seal rotates at axis 13 while the door leaf does not, Teufl discloses a movement of the door seal relative to the door leaf), the door seal is extended a first distance from the external shell and the door leaf is extended a second distance from the external shell (Annotated figure 3 below; both first distance and second distance were measured from the external shell 2), whereby the first distance is less than the second distance when both the door leaf and the door seal are fully extended (Annotated figure 3 below),
wherein the door seal moves in total, relative to the door leaf, in the vehicle transverse direction (as noted above, the rotation of the door seal at axis 13 discloses a movement of the door seal relative to the door leaf) such that the door seal is decoupled from movement of the door leaf in the vehicle transverse direction (Annotated figure 3 below; note that “decoupled” was defined as -- To separate or detach -- such that the rotation of the door seal leads to its separation from the farther movement of the door leaf in the vehicle transverse direction) and the door seal and door leaf only move in the vehicle transverse direction (this was interpreted as best understood by the examiner as one of the many steps of opening the door leaf and door seal and in the step shown in figures 3-4, the door seal and the door leaf are only moved in the vehicle transverse direction).
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Annotated figure 3
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Partial Annotated figures 1 and 3
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Source: American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
Claim 2
(Teufl discloses) The door system according to claim 1, wherein the door seal comprises a sealing lip (figure 3).
Claim 3
(Teufl discloses) The door system according to claim 1, wherein the door leaf is connected via a door leaf connecting means (Annotated figure 3 (II) below) with a rotary device (4), and the door seal via a door seal connecting means (Annotated figure 3 (II) below) with the rotary device (4), wherein the rotary device is associated with the door system (figures 1-6).
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Annotated figure 3 (II)
Claim 4
(Teufl discloses) The door system according to claim 3, wherein the door leaf connecting means and the door seal connecting means are configured in the shape of pivot arms (Annotated figure 3 (II) above), wherein one first pivot arm end of each respective connecting means is connected to the rotary device (Annotated figure 3 (II) above), and wherein at least one guide means (14 and 16) is guided in a guiding profile (15 and 18; figures 1 and 3) respectively disposed on the door leaf and the door seal (Annotated figure 3 (II) above; both door leaf and door seal have their own respective guide means and guiding profiles similar to applicant’s invention), is disposed on a second pivot arm end opposite the first pivot arm end (see 14 and 16 disposed on the second pivot arm end of both respective connecting means in Annotated figure 3 (II) above).
Claim 5
(Teufl discloses) The door system according to claim 4, wherein the door seal connecting means has a first lever arm (Annotated figure 3 (II) above showing the connecting means of the door seal as a lever arm), and that the door leaf connecting means has a second lever arm (6), wherein the first lever arm is smaller than the second lever arm (Annotated figure 3 (II) above).
Claim 6
(Teufl discloses) The door system according to claim 1, wherein the door leaf is connected through a door leaf connecting means (15) with a first rotary device (14), and the door seal is connected through a door seal connecting means (18) with a second rotary device (16), wherein separate drive units (4 and 23, respectively; note that “drive unit” are extremely broad and they are interpreted as parts that provides movement) are assigned to the respective first and second rotary devices.
Claim 8
(Teufl discloses) The door system according to claim 1, wherein the door leaf is connected via a door leaf connecting component (15) with a first rotary device (14) corresponding to a first drive unit (4), and the door seal is connected via a door seal connecting component (18) with a second rotary device (16) corresponding to a second drive unit (23), the second drive unit being different from the first drive unit (4 and 23).
Response to Arguments
Applicant’s amendments to the claim objections were considered.
Applicant's arguments filed on 09/29/2025 have been fully considered but they are not persuasive. Regarding “Applicant respectfully asserts that these limitations are neither taught nor disclosed by Teufl. If a claimed element is missing from a reference, then the claim cannot be anticipated. MPEP 2131. Given that Teufl lacks the above-cited mechanical relationship and claimed relative movement disposed between the claimed door leaf and the door seal recited by amended claim 1, it follows that Applicant's claim 1 is not anticipated by Teufl” (page 2 of the Remarks section), Teufl does disclose an external shell of the vehicle and Annotated figure 3 above clearly shows that the distance of the door seal moves less than the door leaf moves from the external shell as such the prior art teaches all limitations of claim 1.
Regarding “Both in the Response to Arguments section of the final Office Action and during the Examiner Interview, the Examiner recommended that Applicant amend claim 1 "to provide a point of reference regarding where are the distances and extents being measured from ... "”, examiner notes in the Interview Summary Record filed on 08/07/2025 that the suggestions provided by the examiner seems to overcome the prior art, but they are subject to further search and consideration such that “no agreements were reached”. Additionally, the examiner does not provide suggested claim limitations such that the ‘differing feature’ suggested in the interview may actually be a potential allowable subject matter, but the claims must reflect such feature and provided with sufficient evidence that it overcomes the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634