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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 1/29/2026 is acknowledged. Claims 11-14 have been withdrawn. Claims 1-10 are pending and examined below.
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.
Claim 4 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 introduces the limitation of the cover panel having one or a plurality of openings and later in the claim refers the limitations as “the openings”. The limitation “the openings” have not been positively established. Examiner suggest that the Applicant refers to the limitation as “the one or plurality of openings”. Claims are examined as best understood.
Claim 8 recites the limitation "structural elements". There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the one or the plurality of functional elements". There is insufficient antecedent basis for this limitation in the 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.
Claim(s) 1-6 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rockenbach (U.S. Patent No. 6,266,922).
Regarding claim 1, Rockenbach discloses a revolving door (1, Figs. 1-2 and 6) with a turnstile (38) which is arranged between opposing barrel elements (2, 3) and with a ceiling assembly (7) which is arranged on top of the barrel elements (2, 3) and on which the turnstile (38) is rotatably mounted, wherein the ceiling assembly (7) has a sandwich design with at least one bottom cover panel (17) and/or at least one top cover panel (16) and at least one filler (11).
Regarding claim 2, Rockenbach discloses the ceiling assembly (7) is configured as an assembly configured to be handled individually and configured to be attached to the barrel elements (2, 3) and/or the turnstile (38) and can configured to be detached from the barrel elements (2, 3) and/or the turnstile (38).
Regarding claim 3, Rockenbach discloses one or a plurality functional element (6) of the revolving door (1) are accommodated at least partially at the bottom cover panel (13), in particular in the region of the filler (11).
Regarding claim 4, Rockenbach discloses at least the bottom cover panel (17) has one or a plurality of openings (Center opening of 17) such that one or a plurality of functional elements (6) are arranged in connection with the openings (Fig. 2).
Regarding claim 5, Rockenbach discloses the bottom cover panel (17) and/or the top cover panel (16) are connected to the filler (11) in a force-fitting manner.
Regarding claim 6, Rockenbach discloses the bottom cover panel (17) and/or the top cover panel (16) are connected to one another with the filler (11). The limitation of the panels and filler being connected in a thermobonding process is considered a product by process limitation.
Regarding claim 8, Rockenbach discloses structural elements (19) penetrate the filler (11, Figs. 7-7A).
Regarding claim 9, Rockenbach discloses one or the plurality of functional elements (6) comprise at least one drive (34), in particular wherein the functional elements (6) are arranged in one or a plurality of recesses in the filler (11).
Regarding claim 10, Rockenbach discloses the ceiling assembly (7) is arranged on the barrel elements (2, 3) such that the barrel elements (2, 3) laterally enclose the ceiling assembly (7, Figs. 5-6).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rockenbach (U.S. Patent No. 6,266,922).
Regarding claim 7, Rockenbach discloses the bottom cover panel (17) and/or the top cover panel (16) as set forth above, but does not disclose the bottom or top panel covers have an aluminum material, a steel material and/or a plastic material and/or a glass material. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the bottom and/or top cover panels to be comprised of any of the well-known materials such as aluminum, steel, plastic or glass for cost and aesthetic purposes, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. There would be no new or unpredictable results achieved from using a material commonly used in construction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
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