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 07/18/2025.
Claims 1-10, 12-19, and 21 are currently pending and have been examined below. Claims 11 and 20 have been cancelled.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1 - “an actuator connected to the motor and disposed within the enclosed frame space of…the head door jamb”. The drawings only show the actuator within the side door jamb.
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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rydberg (US 20100237653).
Claim 10
(Rydberg discloses) A door operating mechanism (figure 1) for displacing a door (110) between a closed position and a deck position relative to a structure (100) including a frame with a side door jamb and a head door jamb (Annotated figure 1 below), the door operating mechanism comprising:
a motor (240);
an actuator (260) connected to the motor (by way of other elements in between) and disposed within the side door jamb (figure 1);
a cable (220) connected at one end to the actuator and at an opposite end to the door via a pulley assembly (230);
a wire harness system (Annotated figure 1 below) electrically connecting the motor to a plug connector (250); and
a control panel (280) mounted adjacent the door and coupled with the motor via the wire harness system (figure 1),
wherein the actuator is a cylinder including a cylinder rod (rod between 264 and 262) that is selectively extendable and retractable by the motor (figure 1).
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Annotated figure 1
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 1-7, 9, 12-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Luehr et al. (US 7347476) (hereinafter “Luehr”) in view of Fleenor (US 3892088) in further view of Rydberg (US 20100237653).
Claim 1
(Luehr discloses) A door operating mechanism (figures 1-26) for displacing a door (200; figure 4) between a closed position and a deck position relative to a structure (100) including a frame (300) with a side door jamb (312 and 314) and a head door jamb (316), wherein at least one of the side door jamb and the head door jamb comprises a hollow or tube jamb (tube jamb shown in at least figure 26 where parts are located within) defining an enclosed frame space (figure 26), the door operating mechanism comprising:
an actuator (517) disposed within the enclosed frame space of the side door jamb or the head door jamb (figure 20);
a cable (410) connected at one end to the actuator in the enclosed frame space (410 connected at an end near 426 towards the actuator in figure 4) and at an opposite end to the door via a pulley assembly (430; figures 4 and 22).
Luehr does disclose an element that can be a control panel, but fails to disclose:
(i) a motor;
(ii) the actuator connected to the motor;
(iii) a wire harness system disposed at least partly in the enclosed frame space and electrically connecting the motor to a plug connector; and
(iv) a control panel mounted adjacent the door and electrically coupled with the motor via the wire harness system.
(i and iii) However, Fleenor teaches:
a motor (70; Fleenor figure 3);
a wire harness system (Annotated figure 3 below) disposed at least partly in the enclosed frame space and electrically connecting the motor to a plug connector (Annotated figure 3 below; lines 36-55 of col. 4 discussing the motors electrically connected to the control box).
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 door operating mechanism of Luehr with the motor and wire harness system of Fleenor, with a reasonable expectation of success, for automating the opening/closing operations of the door thus implying safety to the users/workers and to ease the operation of the door.
(ii) (Luehr, as modified above, discloses) the actuator connected to the motor (this is taught via the combination above).
(iv) (However, Rydberg teaches) a control panel (280; Rydberg figure 1) mounted adjacent a door (110) and electrically coupled with a motor (240) via a wire harness system (Annotated figure 1 above).
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 door operating mechanism of modified Luehr with the control panel of Rydberg, with a reasonable expectation of success, to further improve the ease of operating the door such that it can be controlled electronically or by simply a press of a button/switch.
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Claim 2
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1, further comprising a compression spring (424) interposed between the actuator (422) and the cable (figures 4 and 20).
Claim 3
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1, further comprising a fixed tether (540) connected between at least one of the side door jamb and the head door jamb and the door (the tether 540 being connected between the side door jamb and the door in figure 20).
Claim 4
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1, further comprising an electric cinch latch (510; figures 20-23) for securing the door in the closed position (lines 16-20 of col. 11).
Claim 5
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1.
Modified Luehr fails to disclose further comprising a gas shock secured to the side door jamb and positioned to engage the door in the closed position, the gas shock being biased to displace the door toward an open position.
(However, Rydberg teaches) further comprising a gas shock (260) secured to a side door jamb (Annotated figure 1 above) and positioned to engage a door (110) in a closed position, the gas shock being biased to displace the door toward an open position (lines 6-15 of par. 21).
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 door operating mechanism of modified Luehr with the gas shock of Rydberg, with a reasonable expectation of success, for providing additional urging mechanism to open the door and to also act as a stop as the door is moving to the closed position thereby preventing it from slamming.
Claim 6
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1.
Modified Luehr fails to disclose further comprising a limit switch positioned in or adjacent one of the side door jamb and the head door jamb that disconnects power to the motor when the door is displaced to the closed position.
(However, Rydberg teaches) further comprising a limit switch (260) positioned in or adjacent one of a side door jamb and a head door jamb (Annotated figure 1 above) that disconnects power to a motor (240) when a door (110) is displaced to a closed position (lines 11-12 of par. 21).
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 door operating mechanism of modified Luehr with the limit switch of Rydberg, with a reasonable expectation of success, for signaling a ‘shut-off’ or ‘turn-off’ function to the motor when the door is in the closed position therefore saving it from constantly draining energy.
Claim 7
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1.
Modified Luehr fails to disclose wherein the control panel comprises a key switch to activate the door operating mechanism and a rocker switch to extend and retract the actuator, the key switch and the rocker switch being connected to the motor via the wire harness system.
(However, Rydberg teaches) wherein a control panel (280) comprises a key switch to activate a door operating mechanism (Excerpt 1 from par. 22 below discussing the mechanism including a switch operated by a key to provide manual control of the motor) and a rocker switch (270) to extend and retract an actuator (260), the key switch and the rocker switch being connected to a motor (240) via a wire harness system (Annotated figure 1 above).
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 door operating mechanism of modified Luehr with the key switch and rocker switch of Rydberg, with a reasonable expectation of success. These parts provide benefits such that the key switch decreases the chances of the door being opened accidentally while the rocker switch provides convenience in operating the door operating mechanism.
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Excerpt 1
Claim 9
(Luehr, as modified above, discloses) The door operating mechanism according to claim 7.
Modified Luehr fails to disclose wherein the control panel further comprises an SAE plug for battery backup connection.
(However, Fleenor teaches) a plug (jack plug in Fleenor figure 3) for battery backup connection (Fleenor figure 3).
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 control panel of modified Luehr with the plug of Fleenor, with a reasonable expectation of success, for providing additional means of supplying power to the control panel or to another device that requires power.
Claim 12
(Luehr, as modified above, discloses) The door operating mechanism according to claim 1, wherein the control panel is mounted on the side door jamb (this is taught via the combination above; note that ‘on’ was interpreted as -- Used to indicate location at or along-- or -- Used to indicate proximity--).
Claim 13
(Luehr discloses) A door operating mechanism (figures 1-26) for displacing a door (200) between a closed position and a deck position relative to a structure (100) including a frame (300) with two side door jambs (312 and 314) and a head door jamb (316), wherein at least one of the two side door jambs and the head door jamb comprises a hollow or tube jamb (tube jamb shown in at least figures 20 and 26 where parts are located within) defining an enclosed frame space (figure 26), the door operating mechanism comprising:
first and second actuators (left and right 517; figure 20; note that Luehr discloses symmetrical assembly between the left side end and the right side end of the door as shown in figure 4) respectively disposed within the enclosed frame space (figure 20);
first and second cables (left and right 410) each respectively connected at one end to the actuators in the enclosed frame space (left and right 410 connected at an end near 426 towards each respective actuator in figures 20 and 26) and at an opposite end to the door via respective pulley assemblies (430);
Luehr does disclose an element that can be a control panel, regardless it fails to disclose:
(i) first and second motors positioned within the enclosed frame space;
(ii) the first and second actuators respectively connected to each of the first and second motors;
(iii) a wire harness system disposed at least partly in the enclosed frame space and electrically connecting the first and second motors to a plug connector; and
(iv) a control panel mounted adjacent the door and electrically coupled with the first and second motors via the wire harness system.
(i and iii) However, Fleenor teaches:
first and second motors (70 and 90 in Fleenor figure 3) positioned within an enclosed frame space (Annotated figure 3 above);
a wire harness system (Annotated figure 3 above) disposed at least partly in the enclosed frame space and electrically connecting the first and second motors to a plug connector (Annotated figure 3 above; lines 36-55 of col. 4 discussing the motors electrically connected to the control box).
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 door operating mechanism of Luehr with the motor and wire harness system of Fleenor, with a reasonable expectation of success, for automating the opening/closing operations of the door thus implying safety to the users/workers and to ease the operation of the door.
(ii) (Luehr, as modified above, discloses) the first and second actuators respectively connected to each of the first and second motors (this is taught via the combination above).
(iv) (However, Rydberg teaches) a control panel (280; Rydberg figure 1) mounted adjacent a door (110) and electrically coupled with a motor (240) via a wire harness system (Annotated figure 1 above).
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 door operating mechanism of modified Luehr with the control panel of Rydberg, with a reasonable expectation of success, to further improve the ease of operating the door such that it can be controlled electronically or by simply a press of a button/switch.
Claim 14
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13, wherein the wire harness system comprises a plurality of wire harnesses respectively connecting the first and second motors to the plug connector, connecting the control panel to the first and second motors, and connecting the first and second motors to each other (this is taught via the combination above in view of Rydberg).
Claim 15
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13, further comprising a compression spring (left and right 424) interposed between each of the first and second actuators (figure 4) and the first and second cables, respectively.
Claim 16
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13, further comprising a pair of fixed tethers (left and right 540; figures 4 and 20) connected between the frame and the door (figure 20).
Claim 17
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13, further comprising an electric cinch latch (510; figures 20-23) for securing the door in the closed position (lines 16-20 of col. 11).
Claim 18
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13
Modified Luehr fails to disclose a gas shock secured to one of side door jambs and positioned to engage the door in the closed position, the gas shock being biased to displace the door toward the deck position.
(However, Rydberg teaches) a gas shock (260; Rydberg figure 1) secured to one of side door jambs and positioned to engage a door (110) in a closed position, the gas shock being biased to displace the door toward a deck position (lines 6-15 of par. 21).
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 door operating mechanism of modified Luehr with the gas shock of Rydberg, with a reasonable expectation of success, to provide an additional opening assistance from the gas shock and to urge the door open when it is frozen or stuck.
Claim 19
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13.
Modified Luehr fails to disclose wherein the actuators are first and second cylinders each including a cylinder rod that is selectively extendable and retractable by the motor.
(However, Fleenor teaches) first and second actuators (102; Fleenor figure 1) that are first and second cylinders (108) each including a cylinder rod (110) that is selectively extendable and retractable by a motor (90).
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 door operating mechanism of modified Luehr with the first and second cylindrical and extendable actuators of Fleenor, with a reasonable expectation of success, to maintain and support the door in a substantially level position.
Claim 21
(Luehr, as modified above, discloses) The door operating mechanism according to claim 13, wherein the control panel is mounted on one of the side door jambs (this is taught via the combination above; note that ‘on’ was interpreted as -- Used to indicate location at or along-- or -- Used to indicate proximity--).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Luehr in view of Fleenor in further view of Rydberg, as applied to claims 1-7, 9, 12-19, and 21 above, in further view of Cohn et al. (US 6010298) (hereinafter “Cohn”) and in view of French et al. (US 20100205990) (hereinafter “French”).
Claim 8
(Luehr, as modified above, discloses) The door operating mechanism according to claim 7.
Modified Luehr fails to disclose wherein the control panel further comprises:
(i) a warning indicator light; and
(ii) a mute button for silencing a warning buzzer.
(i) (However, Cohn teaches) a control panel further comprises a warning indicator light (lines 9-11 of col. 17).
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 control panel of modified Luehr with the warning indicator light of Cohn, with a reasonable expectation of success, for providing a safety indicator to let others aware when the ramp door is opening or closing to avoid accidents.
(ii) (However, French teaches) a control panel (200; French figure 14) further comprises a mute button (292) for silencing a warning buzzer.
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 control panel of modified Luehr with the alarm feature and mute button of French, with a reasonable expectation of success, to provided further safety indicators to other people when the ramp is opening or closing and a convenient means to silence the alarm for when it is not necessary.
Response to Arguments
Applicant’s amendments and arguments directed to the drawing, specification, and claim objections and claim 112 rejections have been considered.
Applicant's arguments filed on 07/18/2025 have been fully considered but they are not persuasive. Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them. Regarding Rydberg, applicant simply argues that “Rydberg lacks corresponding structure, and Applicants thus submit that claim 1 is distinguishable” (page 2 of the Remarks) - directing to the amendments set forth in claim 1. As evident in the rejection above, Rydberg does meet the scope of the claim and teaches an enclosed frame space defined by at least one of the side door jamb and head door jamb.
Regarding arguments directed to Luehr, these were moot since Luehr was not relied upon teaching the control panel and the pushbuttons 530 was not in the rejection above. Arguments directed to Rydberg under the 103 rejection were moot as Rydberg was not relied upon teaching the wire harness system.
Similar response is applied to the arguments directed to the arguments in claim 13.
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.
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
/CATHERINE A KELLY/Primary Examiner, Art Unit 3619