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 .
DETAILED CORRESPONDENCE
This communication is a first Office Action on the Merits. Claims 1-20, as originally filed 05 JUL. 2023, are pending and have been considered as follows:
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05 JUL. 23 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.83 or 1.84 because of the following informalities:
The drawings must show every feature of the invention specified in the claims, therefore the following must be shown or the feature(s) canceled from the claim(s):
Cl. 4: “when opened… retracted configuration… interact with the” has not been explicitly pointed out. It is unclear how “open” or “retracted” or “interact” are intended to be defined.
FIG(s) 9A, 9B: reference character(s) "52" has/have been used to designate both “pinion 52” and “motor 52”
The drawings fail to show the following as described in the specification:
[0046] “Thus, as the flexible seal material 18 is pressed into the doors 40, the doors 40 may open, causing the top and bottom lids 42 to extend outward at the same time.”
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
Claim 6 and 8 objected to because of the following informalities:
Cl. 6 ln. 1: after “wherein” delete “the”
Cl. 6 ln. 3: replace “wall member” with --structural panel--
Cl. 8 ln. 13: replace “sealing” with --sealingly--
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.
Claim 1-19 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.
Cl. 1 ln. 5, 6, and 9: the recitation(s) of ”an expanded configuration… retracted configuration… the retracted configuration” is/are vague, indefinite, and confusing as being unclear how each “configuration” is/are defined. It is unclear how the “seal material” or “movable sleeve” is placed in an expanded configuration. Insofar as the recitation between lines 5 and 6 that the sleeve is “movable” to be in an “expanded configuration” and a “retracted configuration”, it is unclear which structural limitations are required by the final “retracted configuration” required by the language of line 9.
Cl. 1 ln. 15: the recitation(s) of ”when in the retracted configuration, the flexible sleeve” is vague, indefinite, and confusing as being unclear how the sleeve can be in a retracted configuration because no configuration has been heretofore introduced.
Cl. 6 ln. 1: the recitation(s) of ”the doors” is vague, indefinite, and confusing as being unclear how the “doors” were introduced and how they can be “opened” as required by ln. 1.
Cl. 6 ln. 2-3: the recitation(s) of ”the second wall member” is vague, indefinite, and confusing as being unclear having not been heretofore introduced. It appears this should claim “the second [[wall member]] --structural panel--” and should be corrected as such.
Cl. 8 ln. 8, 9, and 14: the recitation(s) of ”an expanded configuration… a retracted configuration… the retracted configuration” is/are vague, indefinite, and confusing as being unclear how each “configuration” is/are defined. It is unclear how the “seal material” or “movable sleeve” is placed in an expanded configuration. Insofar as the recitation between lines 8 and 9 that the sleeve is “movable” to be in an “expanded configuration” and a “retracted configuration”, it is unclear which structural limitations are required by the final “retracted configuration” required by the language of line 14.
Cl. 8 ln. 15: the recitation(s) of ”the first structural panel is in the retracted configuration” is vague, indefinite, and confusing as being unclear how the panel is in a retracted configuration because “the movable sleeve” (ln. 8) was introduced as being movable into a retracted configuration (ln. 9-10).
Cl. 17 ln. 2-3: the recitation(s) of ”causes top and bottom lids extending outward” is vague, indefinite, and confusing as being unclear, appearing to be part of an incomplete sentence. It is unclear what limitation follows the phrase “causes”. The complete phrase reads:
17. The sealing arrangement of claim 16, wherein movement of the second door causes top and bottom lids extending outward from a top and bottom of the side edge of the second structural panel.
It is not understood how the phrase “movement” relates to “the second door” and further how “top and bottom lids” are intended to relate to the door. Clarification is required.
Cl. 17 ln. 1-2 and Cl. 18 ln. 1-3: the recitation(s) of (Cl. 17) “movement of the second door causes top and bottom lids extending outward from a top and bottom of the side edge of the second structural panel” and (Cl. 18) ”a rack and pinion mechanism to automatically extend the top and bottom lids when the second door is pivoted inward” is vague, indefinite, and confusing as being unclear how “automatically” is performed. Specifically, it is unclear if a rack and pinion mechanism extends the lids or movement of the door extends the lids or how the door undergoes “movement”. Clarification is required.
Claims 2-5, 7, 9-16 and 19 not particularly referenced in this section are rejected as being dependent upon an indefinite 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.
(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 1-3, 6-11, 14-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goode US 9834129 B2.
As per claim 1 Goode teaches structural panel (sidewall 14, FIG. 5-6) having a sealing (“seal assembly” cl. 1) structure comprising:
a movable sleeve (jacket 102, FIG. 6; note, this element 102 is moveable onto and off of edge 14, and flexible material 146 is disposed inside of elements 124 and 111) disposed along at least one side edge (right edge of 14, FIG. 5) of the structural panel (sidewall 14, FIG. 5-6); an
opening (see “opening” between hook 111 and tab 124, FIG. 6) disposed vertically along one side of the movable sleeve (jacket 102, FIG. 6); and
a flexible seal material (wiper 146, FIG. 6) disposed inside the movable sleeve (jacket 102, FIG. 6; note sleeve 146 is “inside” of elements 111 and 124), wherein:
the movable sleeve (jacket 102, FIG. 6) is movable between an expanded configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), where the flexible seal material (wiper 146, FIG. 6) is disposed within the movable sleeve (jacket 102, FIG. 6), and
a retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), where the flexible seal material (wiper 146, FIG. 6) extends outward from the opening (see “opening” between hook 111 and tab 124, FIG. 6) in the movable sleeve (jacket 102, FIG. 6); and
when in the retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), the flexible seal material (wiper 146, FIG. 6) is operable to extend outward from the opening (see “opening” between hook 111 and tab 124, FIG. 6) in the movable sleeve (jacket 102, FIG. 6) to engage with a second structural panel (room 12, FIG. 5).
As per claim 2 Goode teaches the structural panel (sidewall 14, FIG. 5-6) of claim 1, further comprising doors (horizontal wall extending to tab 144, vertical wall extending to nub 140 FIG. 6) operable to cover (see “seal assembly” cl. 1; this teaches the device is useable to cover as broadly claimed) the opening (see “opening” between hook 111 and tab 124, FIG. 6) when the movable sleeve (jacket 102, FIG. 6) is in the extended configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61).
As per claim 3 Goode teaches the structural panel (sidewall 14, FIG. 5-6) of claim 2, wherein the doors (horizontal wall extending to tab 144, vertical wall extending to nub 140 FIG. 6) are resiliently (see “retention tabs 122 act so as to provide for retaining” 8:11-12) held in a closed position (see FIG. 5; this is recognized as “closed” because the “snap-in seal assembly” covers the panel edge tightly).
As per claim 6 Goode teaches the structural panel (sidewall 14, FIG. 5-6) of claim 1, wherein the doors (horizontal wall extending to tab 144, vertical wall extending to nub 140 FIG. 6), when opened when the movable sleeve (jacket 102, FIG. 6) is in the retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), are operable (see “seal assembly” cl. 1; this teaches the device is useable to interact with adjacent members, as broadly claimed) to interact with the second wall member (see FIG. 5).
As per claim 7 Goode teaches the structural panel (sidewall 14, FIG. 5-6) of claim 1, wherein the structural panel (sidewall 14, FIG. 5-6) is a wall panel (sidewall 14, FIG. 5-6) in an expandable home construction (see “conventional RV” abstract, ln. 3).
As per claim 8 Goode teaches a sealing (“seal assembly” cl. 1) arrangement for structural elements, comprising:
a first structural panel (sidewall 14, FIG. 5-6) comprising:
a movable sleeve (jacket 102, FIG. 6; note, this element 102 is moveable onto and off of edge 14, and flexible material 146 is disposed inside of elements 124 and 111) disposed along at least one side edge (right edge of 14, FIG. 5) of the first structural panel (sidewall 14, FIG. 5-6);
a first opening (see “opening” between hook 111 and tab 124, FIG. 6) disposed vertically along one side of the movable sleeve (jacket 102, FIG. 6); and
a flexible seal material (wiper 146, FIG. 6) disposed inside the movable sleeve (jacket 102, FIG. 6), wherein:
the movable sleeve (jacket 102, FIG. 6) is movable between an expanded configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), where the flexible seal material (wiper 146, FIG. 6) is disposed within the movable sleeve (jacket 102, FIG. 6), and a retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), where the flexible seal material (wiper 146, FIG. 6) extends outward (see “seal assembly” cl. 1; this teaches the members “extends outward” across the opening at least somewhat) from the first opening (see “opening” between hook 111 and tab 124, FIG. 6) in the movable sleeve (jacket 102, FIG. 6); and
a second structural panel (room 12, FIG. 5) comprising:
an edge (see vertical wall of element 12, FIG. 5) operable to [[sealing]] --sealingly-- (“seal assembly” cl. 1) engage with the flexible seal material (wiper 146, FIG. 6) when the first structural panel (sidewall 14, FIG. 5-6) is in the retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61).
As per claim 9 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 8, wherein the first and second structural panels (sidewall 14, room 12, FIG. 5) are first and second wall panels (see FIG. 5; these are recognized as wall panels because they are narrow and rectangular).
As per claim 10 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 8, further comprising a first door (horizontal wall extending to tab 144, FIG. 6) operable to cover (see “seal assembly” cl. 1; this teaches the members “cover” the opening at least somewhat) the first opening (see “opening” between hook 111 and tab 124, FIG. 6) when the movable sleeve (jacket 102, FIG. 6) is in the extended configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61).
As per claim 11 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 10, wherein the first door (horizontal wall extending to tab 144, FIG. 6) is resiliently (see “retention tabs 122 act so as to provide for retaining” 8:11-12) held in a closed position (see FIG. 5; this is recognized as “closed” because the “snap-in seal assembly” covers the panel edge tightly).
As per claim 14 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 8, wherein the first door (horizontal wall extending to tab 144, FIG. 6), when opened when the movable sleeve (jacket 102, FIG. 6) is in the retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), interacts (see FIG. 5; this is recognized as “interacts” because the “snap-in seal assembly” covers the panel edge tightly) with the second structural panel (room 12, FIG. 5; see ).
As per claim 15 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 8, wherein the second structural panel (room 12, FIG. 5) includes a second opening (opening below 20, FIG. 5) formed along a side edge thereof, wherein the flexible seal material (wiper 146, FIG. 6) fits into the second opening (opening below 20, FIG. 5) to form a sealing engagement (“seal assembly” cl. 1) between the first structural panel (sidewall 14, FIG. 5-6) and the second structural panel (room 12, FIG. 5).
As per claim 16 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 15, wherein a second door (vertical wall extending to nub 140 FIG. 6) covers (see “seal assembly” cl. 1; this teaches the members “cover” the opening at least somewhat) the second opening (opening below 20, FIG. 5), the second door (vertical wall extending to nub 140 FIG. 6) operable to pivot (see “angled inwardly at an angle greater than 90 degrees. A retention tab is located on the first leg of the jacket, with the retention tab acting so as to provide for retention” 6:31-34; this is recognized as teaching the legs pivot inwardly as the panel is inserted) into an interior of the second opening (opening below 20, FIG. 5).
As per claim 17 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 16, wherein movement (see “angled inwardly at an angle greater than 90 degrees. A retention tab is located on the first leg of the jacket, with the retention tab acting so as to provide for retention” 6:31-34; this is recognized as teaching the legs undergo movement inwardly as the panel is inserted) of the second door (vertical wall extending to nub 140 FIG. 6) causes top and bottom lids (lips 123 and 125, FIG. 6) extending outward (see FIG. 5; note 123 and 125 extend “outward” away from the side edge of element 14) from a top and bottom of the side edge of the second structural panel (room 12, FIG. 5).
As per claim 19 Goode teaches the sealing (“seal assembly” cl. 1) arrangement of claim 15, wherein the second opening (opening below 20, FIG. 5) is formed independently on opposite sides of the second structural panel (room 12, FIG. 5).
As per claim 20 Goode teaches a sealing (“seal assembly” cl. 1) arrangement for wall panels, comprising:
a first wall panel (sidewall 14, FIG. 5-6) comprising:
a movable sleeve (jacket 102, FIG. 6; note, this element 102 is moveable onto and off of edge 14, and flexible material 146 is disposed inside of elements 124 and 111) disposed along at least one side edge of the first wall panel (sidewall 14, FIG. 5-6);
a first opening (see “opening” between hook 111 and tab 124, FIG. 6) disposed vertically along one side of the movable sleeve (jacket 102, FIG. 6); and
a flexible seal material (wiper 146, FIG. 6; note sleeve 146 is “inside” of elements 111 and 124) disposed inside the movable sleeve (jacket 102, FIG. 6), wherein: the movable sleeve (jacket 102, FIG. 6) is movable between
an expanded configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), where the flexible seal material (wiper 146, FIG. 6) is disposed within the movable sleeve (jacket 102, FIG. 6), and
a retracted configuration (see “The wiper component 146 is flexible in nature, and facilitates the maintaining of an effective seal with the sidewall 10 at all times during extension or retraction of an associated slide-out room (not shown)” 8:57-61), where the flexible seal material (wiper 146, FIG. 6) extends outward from the first opening (see “opening” between hook 111 and tab 124, FIG. 6) in the movable sleeve (jacket 102, FIG. 6); and
a second structural panel (room 12, FIG. 5) comprising:
a second opening (opening below 20, FIG. 5) formed along a side edge thereof, wherein the flexible seal material (wiper 146, FIG. 6) fits into the second opening (opening below 20, FIG. 5) to form a sealing engagement (“seal assembly” cl. 1) between the first structural panel (sidewall 14, FIG. 5-6) and the second structural panel (room 12, FIG. 5);
a second door (vertical wall extending to nub 140 FIG. 6) covering the second opening (opening below 20, FIG. 5), the second door operable to pivot (see “angled inwardly at an angle greater than 90 degrees. A retention tab is located on the first leg of the jacket, with the retention tab acting so as to provide for retention” 6:31-34; this is recognized as teaching the legs pivot inwardly as the panel is inserted) into an interior of the second opening (opening below 20, FIG. 5); and
top and bottom lids (lips 123 and 125, FIG. 6) extending (lips 123 and 125, FIG. 6) outward from a top and bottom of the side edge (see FIG. 5; note 123 and 125 extend “outward” away from the side edge of element 14) of the second structural panel (room 12, FIG. 5).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4-5, 12-13 and 18 rejected under 35 U.S.C. 103 as being unpatentable over Goode in view of Schwindaman et al. US 8016343 B2 (Schwindaman).
As per claim 4-5, 12-13 and 18 the primary reference of Goode teaches the limitations according to claim 1 and 8
but fails to explicitly disclose:
(Cl. 4) a rack and pinion mechanism operable to drive movement of the movable sleeve;
(Cl. 5) a motor operable to move the rack and pinion mechanism to drive movement of the movable sleeve;
(Cl. 12) a rack and pinion mechanism operable to drive movement of the movable sleeve;
(Cl. 13) a motor operable to move the rack and pinion mechanism to drive movement of the movable sleeve; and
(Cl. 18) a rack and pinion mechanism to automatically extend the top and bottom lids when the second door is pivoted inward.
Schwindaman teaches a motorized rack and pinion for extending components in an expandable home, specifically:
(Cl. 4) a rack and pinion mechanism (actuating assemblies 28, 30 FIG. 5) operable to drive movement of the movable sleeve;
(Cl. 5) a motor (“motor identical to the motor 83 operates actuation assembly 30” 4:56) operable to move the rack and pinion mechanism to drive movement of the movable sleeve;
(Cl. 12) a rack and pinion mechanism (actuating assemblies 28, 30 FIG. 5) operable to drive movement of the movable sleeve;
(Cl. 13) a motor (“motor identical to the motor 83 operates actuation assembly 30” 4:56) operable to move the rack and pinion mechanism to drive movement of the movable sleeve; and
(Cl. 18) a rack and pinion mechanism (actuating assemblies 28, 30 FIG. 5) to automatically extend the top and bottom lids when the second door is pivoted inward.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Goode by including the actuating assemblies and motor as taught by Schwindaman in order to drive the members of Schwindaman because doing so would improve the automation of the assembly, making it easier for the users.
Regarding the limitation of “automatically extend the top and bottom lids when the second door is pivoted inward”, the lids as taught by Goode are engaged when the panel is inserted into the jacket and the assemblies and motor of Schwindaman would be used to move of the sidewall.
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 JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635