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 .
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, 6-9, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Doco Door Solutions “Low Level with vertical lift” (retrieved from https://doco-international.com/en/industrial/47/low_level_vertical_lift), hereinafter referred to as Doco, in view of Carper (U.S. Patent No. 5,964,268).
Note: A copy of the Doco NPL document was provided with the Office Action dated 6/3/25. The document includes a current version of the website (pages 1-9), an archived version retrieved from the Wayback Machine including a public availability date of 1/28/2021 (pages 10-22), and an installation manual for the Low Level door system (pages 23-94), which may be retrieved through either the current or archived versions of the website. The Doco NPL document is referenced below using the page numbers listed on the top right corner of each page in the format “Page [x] of 94”.
Regarding claim 1, Doco discloses a dock door assembly for use in a dock door opening in a warehouse (page 1, image 1 depicts a warehouse and dock door opening; page 2, image 1 depicts the door assembly), the dock door assembly comprising:
a pair of vertical tracks (track shown on page 5, image 1; two tracks are shown on page 2, image 1), with each track configured to be attached to a wall along opposing lateral sides of the dock door opening, each vertical track comprising a vertical roller track and a clip angle wall plate to attach each vertical roller track to the wall (the clip angle wall plate, vertical track, and attachment to the wall are shown on at least page 4, image 1);
a multiple, horizontal section door characterized by a vertical height when closed and mounted on the pair of vertical tracks, the door moveable on the vertical roller tracks between an open and a substantially vertical closed position, the door including a plurality of horizontal sections (the door is shown generally on page 2, image 1, including multiple panels; one panel is also shown on page 8, image 1, and page 7 further discloses multiple panel sections used in the door);
a spring shaft assembly (power unit: page 3) located adjacent and above a top of the door opening above a header height (the header and positioning of the spring shaft assembly above the header height is shown on page 73, images 1 and 2), the spring shaft assembly including a torsion shaft (shaft of the power unit shown on page 74, image “3.1”), a pair of cable drums with each cable drum located at an end of the torsion shaft (the drums are identified as elements 3 as shown on page 74, image “3.1”), at least one counterbalance torsion spring (elements 4 and 7 on page 74, image “3.1”) extending along the torsion shaft, and at least one torque bracket adjacent the at least one counterbalance torsion spring (the brackets of the spring break devices 5 shown on page 75, image “3.3”);
a pair of headplates (at element “D” in image “3.3” on page 75) with one headplate fastened to each of the clip angle wall plates and the vertical tracks, each headplate located at opposing lateral sides of the door opening (page 77, image “4”); and
a pair of door cables and a pair of corner cable attachments (cables and corner cable attachments shown in image “4.1” on page 77) connecting each door cable to each of the cable drums, the door cable having a first end attached to the cable drum (page 83, image “8.3”) and a second end attached to the corner cable attachment (page 77, image “4.1”), wherein the corner cable attachment is located on an interior of the dock door and on a lowermost horizontal section of the dock door (page 77, image “4.1”).
Doco does not disclose that the headplate has a U-shaped opening. Doco also does not explicitly disclose that the spring shaft assembly is no greater than 40 inches above the header height.
Nonetheless, Carper discloses a door assembly including a pair of headplates (234, 236) [FIG. 8] having a U-shaped opening (273, 338) [FIG. 10] to receive each end of a torsion shaft (242) [FIG. 8].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the headplates of Doco to include the U-shaped opening taught by Carper, in order to facilitate installation of the torsion shaft and to enable easier removal of the spring shaft assembly without requiring removal of the headplates from the installed position, so as to improve repairability and maintenance operations.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the spring shaft assembly to be provided at a height no greater than 40 inches above the header height, in order to ensure easier access for repair and maintenance, and to make installation of the assembly safer and easier. It is noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 6, Doco discloses that two or more of the plurality of horizontal sections are fastened together by a section center plate (center hinge shown on page 79, image “5”) and two section end cleats (side hinges including rollers shown on page 79, image “5) using one or more fasteners (page 70, image “5” depicts fasteners connecting the hinges to the horizontal sections).
Regarding claim 7, Doco discloses that the plurality of horizontal sections includes four or five horizontal sections (images “5”, “5.1”, and “6” on pages 79 and 80 depict at least four sections; it is noted that the limitation “four or five” does not limit the number of sections to a maximum of five).
Regarding claim 8, Doco discloses that each of the headplates extends perpendicular to the wall (page 75, image “3.3”). Carper further discloses headplates (234, 236) including a U-shaped opening (273, 338) that is angled upward [FIG. 10] to ensure that the torsion shaft sets into the opening and remains in the opening, thereby allowing the spring shaft assembly to be front loaded and front mounted on the headplate and the pair of vertical tracks and wall (column 12, line 58-column 13, line 7) [FIGS. 9, 10]. As set forth with respect to claim 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 have modified the headplates of Doco to include the U-shaped openings of Carper to facilitate installation and repair/maintenance/replacement of the spring shaft assembly.
Regarding claim 9, Doco discloses two outboard shaft support plates (end bearing plate 1 and outermost support bearing plate 2 shown on page 74, image “3.1”) mounted to the wall to support the spring shaft assembly and the torsion shaft (page 74, image “3”), wherein the outboard shaft support plates includes a wall bracket (lower portion of the plates 1, 2 connected to the support beam) attached to the wall (via the support beam) and a support arm (upper portion of the plates 1, 2) extending perpendicularly from the wall bracket to receive and hold one or more of the ends of the torsion shaft, wherein the one or more outboard shaft support plates limit a deflection of the torsion shaft (the connection of the bearing plates with the torsion shaft inherently performs the function of limiting deflection of the torsion shaft), with one outboard shaft support plate on each side of the headplate (page 74, image “3.1”).
Regarding claim 17, Doco discloses a dock door assembly kit (page 7, image 1) for installation and assembly in a dock door opening of a warehouse (pages 1, 7), the dock door assembly kit comprising:
a track assembly configured to be attached to a wall (track shown on page 5, image 1; two tracks are shown on page 2, image 1), the track assembly including a pair of pre-assembled vertical tracks with each of the pre-assembled vertical tracks comprising a vertical roller track (page 4, image 1), a clip angle wall plate attached to the vertical roller track with a plurality of track clips (page 5, image 1), and a headplate (at element “D” in image “3.3” on page 75) attached to the clip angle wall plate and the vertical track (via the support bar shown in image “3” on page 74), wherein each of the pre-assembled vertical tracks are configured to attach to opposing lateral sides of a door opening (page 4, image 2; page 2, image 1);
a plurality of pre-assembled door panels, with each pre-assembled door panel comprising a plurality of horizontal door sections pre-assembled together (pages 79-80, images “5”, “5.1”, and “6”) with one or more section center plates (center hinges shown on page 80, image ”6”) and one or more section end cleats (end hinges including rollers shown on page 80, image “6”), wherein the plurality of pre-assembled door panels connected together define a multiple, horizontal section door characterized by a vertical height when closed and mounted on the track assembly (page 80, image “7”), the door is configured to be moveable on the track assembly between an open (position in which the door is moved to the upper portion of the track assembly) and a substantially vertical closed position (page 77, image “4”);
a spring shaft assembly (power unit: page 3), including a torsion shaft (shaft of the power unit shown on page 74, image “3.1”) with pre-assembled components defined by a pair of cable drums (elements 3 in image “3.1” on page 74; page 7 further discloses pre-assembly of the power unit) with each cable drum located at an end of the torsion shaft (page 74, image “3.1”), at least one counterbalance torsion spring (elements 4 and 7 on page 74, image “3.1”) extending along the torsion shaft, and at least one torque bracket adjacent the at least one counterbalance torsion spring (the brackets of the spring break devices 5 shown on page 75, image “3.3”), wherein the ends of the torsion shaft are configured to set in the opening of the headplates (page 75, image “3.3”); and
a hardware carton (carton shown on page 7, image 1) comprising components required for final installation of the dock door assembly, wherein the components include one or more of the following: a door cable, an interior lock, a door handle, one or more section center plates, one or more edge hinges, two corner cable brackets, two top fixtures, a plurality of rollers, and a plurality of fasteners for the component installation (page 7).
Doco does not disclose the headplate has a U-shaped opening.
Nonetheless, Carper discloses a door assembly including a pair of headplates (234, 236) [FIG. 8] having a U-shaped opening (273, 338) [FIG. 10] to receive each end of a torsion shaft (242) [FIG. 8].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the headplates of Doco to include the U-shaped opening taught by Carper, in order to facilitate installation of the torsion shaft and to enable easier removal of the spring shaft assembly without requiring removal of the headplates from the installed position, so as to improve repairability and maintenance operations.
Regarding claim 18, Doco discloses that the plurality of pre-assembled door panels includes a top door panel and a bottom door panel (upper and lower panels in the assembled door as shown on page 80, image “6”), with the top door panel comprised of two horizontal sections pre-assembled together with one section center plate and two section end cleats and the bottom door panel comprised of two or three horizontal sections pre-assembled together with one or two section center plates and two or four section end cleats (via hinges shown on page 80, image “6”).
Regarding claim 19, Doco discloses the headplates. Carper further discloses headplates (234, 236) including a U-shaped opening (273, 338) that is angled upward [FIG. 10] to ensure that the torsion shaft sets into the opening and remains in the opening, thereby allowing the spring shaft assembly to be front loaded and front mounted on the headplate and the pair of vertical tracks and wall (column 12, line 58-column 13, line 7) [FIGS. 9, 10]. As set forth with respect to claim 17 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the headplates of Doco to include the U-shaped openings of Carper to facilitate installation and repair/maintenance/replacement of the spring shaft assembly.
Regarding claim 20, Doco discloses the hardware carton includes one or more outboard shaft support plates (end bearing plate 1 and outermost support bearing plate 2 shown on page 74, image “3.1”; these plates are shown as being provided in the hardware carton on page 7, image 1) configured to be mounted to the wall to support the spring shaft assembly and the torsion shaft (via the support beam), wherein the one or more outboard shaft support plates includes a wall bracket (lower portion of the plates 1, 2 connected to the support beam) configured to be attached to the wall and a support arm (upper portion of the plates 1, 2) extending perpendicularly from the wall bracket configured to receive and hold one or more of the ends of the torsion shaft (page 74, image “3.1”).
Claims 2-5 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Doco (Doco Door Solutions “Low Level with vertical lift”) in view of Carper (U.S. Patent No. 5,964,268), as applied to claim 1 above, and further in view of Magro (U.S. Patent No. 5,657,805).
Regarding claims 2 and 3, Doco, as modified above, discloses the clip angle wall plates and the door cleat, but does not disclose a windload lock.
Nonetheless, Magro discloses a windload lock [FIG. 6] that comprises a wall cleat (46’) and a door cleat (48’) that cooperatively engage [FIG. 6] and secure the door for windload resistance, the wall cleat attached to a clip angle wall plate (34) and the door cleat attached to a horizontal section (28); wherein the wall cleat comprises a wall cleat extension arm (outwardly protruding arm extending towards the guide portion 32 as shown in Figure 6) that extends from a wall cleat support plate (portion of the wall cleat 46’ connected to wall plate 34) attached to the clip angle wall plate [FIG. 6] and the door cleat comprises a door cleat extension arm (48b) that extends from a door cleat support plate (74) attached to one of the horizontal sections, wherein the wall cleat extension arm and the door cleat extension arm cooperate and engage with each other to keep the dock door secure for windload resistance (column 6, lines 12-54) [FIG. 6].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the door assembly of Doco, as modified above, to include the windload lock taught by Magro, in order to prevent the door from becoming disengaged from the track in the event of exterior wind pressure, so as to make the assembly suitable for installation in high wind areas.
Regarding claims 4 and 5, Doco, as modified above, discloses the dock door assembly but does not disclose an interior lock.
Nonetheless, Magro discloses a door assembly including an interior lock (L) that comprises a slide bar (84) attached to one of the horizontal sections [FIG. 10], wherein the slide bar slides between an extended position [FIG. 9] and a compressed position [FIG. 11], wherein when the slide bar is in the compressed position, the slide bar engages with a strike plate (rear wall of the angle iron 52 including hole H) attached to the vertical track and locks the dock door in a closed position [FIG. 11], wherein when the slide bar is in the extended position, the slide bar is disengaged with the strike plate and the dock door is unlocked [FIGS. 8, 11].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the door assembly of Doco, as modified above, to include the lock taught by Magro, in order to improve the security of the door assembly by providing mechanical means to prevent unauthorized opening of the door from the exterior. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the slide bar with a length of approximately 9 inches, in order to provide a length sufficient to fully retract from the track and fully extend into the track to engage the strike plate, while still providing ample length to secure the lock to the door. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 10 recites substantially identical limitations as those recited in claims 1, 2, and 4. The limitations of claim 10 are disclosed by Doco, as modified by Carper and Magro, as set forth with respect to claims 1, 2, and 4 above. Doco further discloses that each clip angle wall plate is generally L-shaped (as shown in image 1 on page 4, the clip angle wall plate is at least “generally” L-shaped, as it includes two legs that are substantially perpendicular to each other, and the other flanges of the wall plate are significantly shorter than the two main legs forming the general L-shape). Similarly, claims 11-16 are disclosed by Doco, as modified above, as set forth with respect to claims 3, 5, and 6-9 above.
Response to Arguments
Applicant's arguments filed 9/3/25 have been fully considered but they are not persuasive.
Applicant argues that Doco, as modified by Carper, fails to disclose one headplate fastened to each of the clip angle wall plates and the vertical tracks, as the headplate of Doco is attached to the beam. Applicant also argues that Doco, as modified by Carper, fails to disclose two outboard shaft support plates mounted to the wall, as the outboard shaft support plates of Doco are also attached to the beam. These arguments are not found persuasive. The beam of the assembly of Doco is fastened to the angle brackets, which are in turn fastened to the clip angle wall plates and the vertical tracks as shown on page 2, image 2 and page 3, image 1. The clip angle wall plates are further connected to the wall as shown on page 4, image 1. The headplate, shaft support plates, beam, angle brackets, vertical tracks, and clip angle wall plates are all fixedly connected to each other, which reads on the limitations “fastened to” and “mounted to” as recited in claims 1 and 9. The claims do not require a direct connection or direct contact between the components. In the case of claim 1, the fastened connection between the headplate and the clip angle wall plate is made via the assembled connections between the headplate, the beam, the angle brackets, the clip angle wall plates, and the vertical tracks, thereby meeting the requirements of the limitation “one headplate fastened to each of the clip angle wall plates and the vertical tracks”. Similarly, the outboard shaft support plates of Doco are mounted to the wall via the beam, the angle brackets, and the clip angle wall plates, which meets the requirements of the limitation “two outboard shaft support plates mounted to the wall” given a broadest reasonable interpretation.
Applicant also argues that the hinge of Doco does not read on the claimed “section center plate”, but this argument is not found persuasive. The features of the section center plate (e.g. a rigid member that keeps the horizontal sections rigid during shipping, installation, and use) are not recited in the claims. The hinge of Doco does read on the limitation “section center plate”, as it at least has a plate shape or configuration (defined as “a flat, thin object” per https://www.thefreedictionary.com/plate), and it is installed at a center location of the horizontal sections. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant also argues that Doco fails to disclose pre-assembled vertical tracks, pre-assembled door panels, a plurality of horizontal door sections pre-assembled together, or a spring shaft assembly including a torsion shaft with pre-assembled components. These arguments are not found persuasive. The term “pre-assembled” is treated as a product-by-process limitation. Although product-by-process limitations are limited by and defined by the process, determination of patentability is based on the product itself. The tracks, door panels, door sections, and spring shaft assembly of Doco, as modified by Carper and Magro, includes all of the structural limitations of the assembly, and is further capable of being provided in a pre-assembled configuration, which meets the requirements of the product-by-process limitation (MPEP 2113). Applicant does not argue that the process of pre-assembling the components imparts distinctive structural characteristics to the final product.
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 ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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/ABE MASSAD/Primary Examiner, Art Unit 3634