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 .
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 configuration including “the outer diameter of the fastener directly cooperates with the inner diameter of the eccentric hole to connect the door eccentric, adapted to be accommodated in the through aperture of the door leaf, with the bogie of the bogie assembly”, as claimed in claims 1, 4, 7, and 11 must be shown or the features canceled from the claims, Examiner notes that, as best understood, no “through aperture of the door leaf” is shown in the Figures, and it is unclear how Applicants bogie (element 202) is “accommodated in the through aperture of the door leaf”. No new matter should be entered. 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 Objections
Claims 1, 4, and 15 are objected to because of the following informalities:
Claims 1, 4, and 15, respectfully recite “a bogie assembly to connect a door leaf”, “A bogie assembly for connecting a door leaf”, and “a bogie assembly to connect a door leaf”. These limitations are awkwardly worded and are objected to (i.e. “to connect a door leaf” to what? What is claimed as being “connected”?). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, and 7-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1, 4, 7, and 11 recite “adapted to be accommodated in the through aperture of the door leaf, with a bogie of the bogie assembly”. This phrase is unclear and renders the claim indefinite, as it is unclear what is claimed to be “adapted to be accommodated in the through aperture of the door leaf” (i.e. numerous structural elements are previously recited in the claim, and it is unclear what is being “adapted to be accommodated in the through aperture of the door leaf, with a bogie of the bogie assembly”). Additionally, the phrase “adapted to be accommodated in the through aperture of the door leaf, with a bogie of the bogie assembly” is unclear and indefinite, since the “a bogie of the bogie assembly” is not “accommodated in the through aperture of the door leaf”. Examiner notes that Applicants “bogie” is indicated as element 202, and it is unclear how element would be “accommodated in the through aperture of the door leaf”. Additionally, this claimed configuration is not shown in the Figures, and the term “through aperture” cannot be found in the disclosure as originally filed. Appropriate correction is required.
Claims 8-10 and 12-14 are rejected as depending from a rejected base claim.
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, 4, and 11-12 are rejected under 35 U.S.C. 102a1 as being anticipated by Haab et al. (US 8,393,114)
Regarding claim 1, as best understood, Haab discloses a door eccentric assembly for a bogie assembly to connect a door leaf, the door eccentric assembly comprising; a door eccentric (considered at least element 38) having a central axis, wherein the door eccentric is adapted to be received in a through aperture of the door leaf (element 373); an eccentric hole (element 383, See column 8, lines 1-5, “In the hollow cylinder 382 an inner bore 383 is provided centrically or eccentrically, into which a mounting cylinder 392 of a connecting element 39 can be inserted which is provided with a threaded bore 393 and connected to an end flange 391) in the door eccentric, wherein the eccentric hole is at an off-set from the central axis (See column 8, lines 1-5), and wherein the eccentric hole is a through hole (See Figure 3), and comprises an inner diameter; a fastener (considered combination of elements 93 and 39, Examiner notes that the term “fastener” is a very broad term) having an outer diameter (Examiner notes that the fastener of Haab is a two-piece assembly and the “outer diameter” is considered to be the outer surface of element 392 which “directly cooperates” with the inner diameter of the eccentric hole 383), and wherein the outer diameter of the fastener directly cooperates with the inner diameter of the eccentric hole to connect the door eccentric, adapted to be accommodated in the through aperture of the door leaf, with a bogie (considered combination of elements 3 and 37) of the bogie assembly.
Regarding claim 4, as best understood, Haab discloses a bogie assembly for connecting a door leaf, the bogie assembly comprising; a bogie (considered combination of elements 3 and 37) having a lower end, and an upper end opposite to the lower end and a plurality of rollers (elements 124 and 125) connected to the upper end of the bogie (Examiner notes that elements 124 and 125 of Haab are “connected” to both the upper and lower ends of the element 3, as all elements of the assembly are at least indirectly “connected” for proper functionality of the system); a door eccentric assembly (at least elements 38, 39, 93) connected to the lower end of the bogie (Examiner notes that elements 38, 39, 93 are “connected” to both the upper and lower ends of the element 3) wherein the door eccentric assembly comprises: a door eccentric (element 38) having a central axis, wherein the door eccentric is adapted to be received in a through hole of the door leaf (element 373), an eccentric hole (element 383, See column 8, lines 1-5) in the door eccentric, wherein the eccentric hole is at an off-set from the central axis, and wherein the eccentric hole is a through hole, and comprises an inner diameter, a fastener (considered combination of elements 93 and 39, Examiner notes that the term “fastener” is a very broad term) having an outer diameter, and wherein the outer diameter of the fastener directly cooperates with the inner diameter of the eccentric hole to connect the door eccentric (Examiner notes that the fastener of Haab is a two-piece assembly and the “outer diameter” is considered to be the outer surface of element 392 which “directly cooperates” with the inner diameter of the eccentric hole), adapted to be accommodated in the through aperture of the door leaf, with the bogie of the bogie assembly
Regarding claim 11, as best understood, Haab discloses a door leaf, comprising; a panel (element 6) extending between a top end and a bottom end; a door eccentric assembly (at least elements 38, 39, 93) coupled to the top end (See at least Figure 3), wherein the door eccentric assembly comprises: a door eccentric (at least elements 38, 39, 93) having a central axis, an eccentric hole (element 383, See column 8, lines 1-5) in the door eccentric, wherein the eccentric hole is at an off-set from the central axis, and wherein the eccentric hole is a through hole, and comprises an inner diameter, a fastener (considered combination of elements 93 and 39, Examiner notes that the term “fastener” is a very broad term) having an outer diameter, and wherein the outer diameter of the fastener directly cooperates with the inner diameter of the eccentric hole to connect the door eccentric (Examiner notes that the fastener of Haab is a two-piece assembly and the “outer diameter” is considered to be the outer surface of element 392 which “directly cooperates” with the inner diameter of the eccentric hole), adapted to be accommodated in a through aperture at the top end of the panel, with a bogie of a bogie assembly
Regarding claim 12, as best understood, Haab discloses a bogie assembly to connect with the panel through the door eccentric assembly, wherein the bogie assembly comprises: a bogie (considered at least elements 3 and 37) having a lower end, and an upper end opposite to the lower end, and a plurality of rollers (elements 124 and 125) connected to the upper end of the bogie (Examiner notes that elements 124 and 125 of Haab are “connected” to both the upper and lower ends of the element 3, as all elements of the assembly are at least indirectly “connected” for proper functionality of the system), wherein the plurality of rollers is configured to slide the panel.
Allowable Subject Matter
As best understood, claims 7-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
As best understood, claims 13 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 15 would be allowable if rewritten or amended to overcome the claim objection set forth in this Office action.
Response to Arguments
Applicant's arguments filed 10/16/2025 have been fully considered but they are not persuasive.
Regarding the argument “the outer diameter of the connecting screw 93 (to which Examiner is considering equivalent to Applicant's fastener) does not directly connects with the inner diameter of the inner bore 383 (to which Examiner is considering equivalent to Applicant's eccentric hole) of the hollow cylinder 382 of the centering element 38”. This is incorrect. Examiner clearly and explicitly indicated the combination of both element 39 and element 93 as the claimed “fastener” (See page 7 of Non-Final Rejection filed 7/18/2025). Examiner notes that the term “fastener” is extremely broad and not limited to a singular unitary structure. Additionally, Regarding Applicants further argument that “the outer diameter of the connecting screw 93 directly connects with inner diameter of the threaded bore 393 of the mounting cylinder 392 of the connecting element 39, which than received within the inner diameter of the inner bore 383 of the hollow cylinder 382 of the centering element 38”, Examiner agrees, and notes that the outer surface of element 392 is considered to “directly cooperate” with the inner diameter of the eccentric hole, and the claim requirement is considered to be fully satisfied.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUSTIN B REPHANN whose telephone number is (571)270-7318. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JUSTIN B REPHANN/Examiner, Art Unit 3634