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 § 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)(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) 1-9, 12 are is/are rejected under 35 U.S.C. 102a2 as being anticipated by Beggs et al(2022/0356743).
Beggs et al(figure 1) discloses a control device(140, 120) for controlling and displaying the movement of a rapid vertical sliding roll-up door, which door comprises a portal structure including a pair of uprights which define respective opposite guide rails to guide the sliding of opposite lateral edges of a roller shutter for closing the door, and an upper crosspiece delimiting a shelter area for the roller shutter in the open condition of the door, the movement of the roller shutter with respect to said portal structure being controlled by a motorized controller of the movement of the roller shutter, which can be controlled by at least one movable operating member adapted to generate an activation signal of said motorized controller, wherein said at least one operating member incorporates an emitter for emitting signals indicative of an instantaneous attitude of the roller shutter, and the device comprises an electronic control unit connected to said at least one operating member, to the emitter for emitting signals of each operating member, to said motorized controller and a detector including a pair of position sensors (122, 125, 134, 136, 138, 142, 144, 502, 610, 712, 714) configured for detecting of an instantaneous attitude of the roller shutter, for the purpose of activating in order to drive said motorized controller and to emit a signal indicative of an instantaneous attitude of the roller shutter through said at least one operating member.
Per claim 2, Beggs et al further shows each operating member consists of a push button switch.
Per claim 3, Beggs et al further shows said at least one operating member has an outer covering of a transparent or semi-transparent material(inherently so as it is a display screen with the screen being transparent), and said emitter for emitting signals indicative of an instantaneous attitude of the roller shutter consist of at least one light emitting element incorporated in each operating member.
Per claim 4, Beggs et al further shows said at least one operating member comprises a pair of emitting elements of light having different wavelengths, which are configured to be operated individually and separately for different attitude conditions of the roller shutter, a first light emitting element being able to be activated during a vertical movement of the roller shutter, and a second light emitting element being able to be activated when the roller shutter is in its stationary raised configuration(the pad is able to function as claimed to show the different status of the shutter system).
Per claim 5, Beggs et al further shows said at least one operating member comprises a first light emitting element, configured to be operated during a vertical movement of the roller shutter, and a second light emitting element configured to be operated when the roller shutter is in its stationary raised configuration(able to function as claimed)
Per claim 6, Beggs et al further shows the first light emitting element is activated according to a flashing mode.
Per claim 7, Beggs et al further shows said motorized controllers have an electric motor associated with a dragger for dragging the roller shutter in the form of a rotating shaft that extends into said shelter area of the roller shutter parallel to the upper crosspiece of the portal structure, or in the form of friction dragging of the roller shutter adapted for engaging areas of the roller shutter adjacent to its lateral edges which engage, in said shelter area, spiral-shaped guide grooves connected to the guide rails of the uprights of the portal structure.
Per claim 8, Beggs et al further shows the at least one operating member comprises a pair of operating members(140, 120), each of the pair of operating members arranged on a respective upright of the portal structure.
Per claim 9, Beggs et al further shows the electronic control unit comprises a timer unit(paragraph 44) for setting the duration of the open configuration of the roller shutter.
Per claim 12, Beggs et al further shows the detector is configured to detect an upper or a lower stop of the roller shutter (inherently so as the sensors sense the location of the door as programmed in order to properly control the door operation).
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) 10-11 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Beggs.
Beggs shows all the claimed limitations except for the first light emitting element being red in color, the second light emitting element being green/blue in color.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Beggs’s disclosure to show the first light emitting element being red in color, the second light emitting element being green/blue in color with a reasonable expectation of success since choosing a desired light emitting color for the desired signal/display would have been an obvious matter of engineering desired choice; furthermore, it is well known in the art to choose a certain color for displaying a signal to demonstrate a degree of danger of a structure at a given time.
Response to Arguments
Applicant's arguments filed 6/26/2025 have been fully considered but they are not persuasive.
With respect to “ instantaneous attitude of the roller shutter…”, examiner respectfully states Beggs’ sensors perform the claimed functions. Beggs sensors as set forth above, are parts of a controlled system to properly operate the door with respect to the predetermined program. The sensors provide feed back to the controllers as they provide the locations of the door at any given time to the controllers (attitude: position/location/posture). Furthermore, the sensors are configured to detect an upper or lower stop of the shutter as the sensors are configured to emit signals to enable the door to operate at the predetermined upper/lower perimeters. The prior art thus shows the claimed limitations and the rejections are thus maintained.
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.
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/PHI D A/ Primary Examiner, Art Unit 3633