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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 95.
The drawings are objected to under 37 CFR 1.84(h)(5) because Figures 1 and 13C-13G show(s) modified forms of construction in the same view.
The drawings are objected to because:
Per 37 C.F.R. 1.84(l) all lines should be clean, durable, black, and well defined. The lines in figures 4-6 and 12C-13D are all very pixelated and thus are faint and grey rather than clean and black and do not reproduce well.
The lead line for reference numeral 50 in figure 3B points to the door 20 not the door frame 50.
Figures 8 and 9 are cross sections taken along lines C-C and D-D of figure 6 and show pins 89 and 86 in holes 79 and 88 respectively. However, it appears that the pins are not engaged with the holes in figure 6, i.e. the pin is to the left of the cut-through line and the view is to the right.
Also, the lead lines for pins 89 and 86 point to the holes in figures 8 and 9 and the lead lines for the holes point to the structure that includes the hole in figures 8-10 and 12D-12F.
Figure 13C is described in paragraph [0086] as showing the hinge catcher coupled to and uncoupled from the door frame 50. As shown in figure 13C the hinge catcher 122 either extends out of or is retracted into the door frame 50 so it is unclear how it is ever uncoupled from the door frame.
Figure 13D shows cable C1 actuating lever 116 to move door striker 62, per paragraph [0087] lever 116 is actuated by cables C3 or C4 for the sliding handle 120 not cables C1 and C2 for the sliding handle.
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0069] describes sliding rails 92 and 94 as being provided as a pair of sliding rails 92 and 94. This recitation is redundant. As the relationship between sliding rail 90 and the pair of rails 92 and 94 is never defined it appears the paragraph should say sliding rail 90 may be provided as a pair of sliding rails 92 and 94.
A similar issue occurs in paragraph [0072] with the description of rails 96 and 98 being provided as a pair of rails 96 and 98. Similar to paragraph [0067} it is assumed the recitation should be the sliding rail 93 may be provided as a pair of rails 96 and 98.
Paragraph [0069] describes the door arm as having a rolling rail 71, however, it appears from figure 8 and the description that the rail is actually a roller (described as including a roller). As rail and roller are not synonymous if 71 is a roller it should be described as such, not as a rail.
The same issue with the rolling rail occurs in paragraph [0072] with respect to lower rolling rail 77.
Paragraph [0086] describes the hinge catcher 122 as being decoupled from the door frame 50 by the sliding handle 120. As noted with the above drawing objections the hinge catcher 122 retracts into but does not appear to decouple from the door frame 50. It is unclear from both figures and disclosure what the hinge catcher 122 engages in the extended position.
Appropriate correction is required.
Claim Objections
Claims 1-17 and 19 are objected to because of the following informalities:
Claim 1 and its dependents switch back and forth from plural to singular terms (e.g. plural doors, singular door frame) when the singular terms are all plural (i.e. there is one door frame, hinge, striker, latch, etc. per door). Claims should be clear that the singular terms are respective terms, i.e. there is a respective door frame for each door.
Claim 16 and most of its dependents have the reverse problem, singular doors (first door and second door) and then plural components (door strikers, door frames, etc.) where it is unclear how many components are associated with each singular door. Again claims should be clear as to the respective relationship of the elements (i.e. each door has a respective door latch, swing handle portion, etc.)
Claim 4 lines 2-3 recite “a sliding handle portion that operates the doors so that the doors swing about the cab frames or do not swing”. Per paragraph [0062] the swing handle portion 100 controls whether the doors swing or not while the sliding handle portion controls whether the doors slides or not. While claim terms do not need to match the disclosure, using the terms in contradiction to the disclosure in the present case means using the terms contrary to their common meaning (sliding means swinging instead of sliding) and thus is confusing.
A similar issue occurs in claim 11 where the swing handle portion controls whether the doors slide or not.
Claim 5 lines 2-3 recite “a hinge catcher that operates so that the doors are coupled to or decoupled from the door frame with operation of the sliding handle portion”. Per paragraph [0064] the sliding handle portion 120 does operate the hinge catcher, however, as noted above with respect to claim 4 the handle recited in claim 4 (from which claim 5 depends) controls the swinging of the door and thus would be the swing handle not the sliding handle.
A similar issue occurs in claim 12 where the door fixing bar is correctly operated by the swing handle but claim 11, from which claim 12 depends, describes the swing handle as controlling sliding movement.
Given the recitations of claims 5 and 12, for purposes of examination claim 4 will be interpreted as the sliding handle controlling sliding movement (not swinging as claimed) and claim 11 will be interpreted as the swing handle controlling swinging movement (not sliding as claimed).
Claim 7 line 3 recites “the door striker” and line 5 recites “the door latch”. There is insufficient antecedent basis for these limitations. Claim 7 depends from claim 4, via claims 5 and 6, and claim 4 depends from claim 1. The door striker and latch are previously recited in claim 3. For purposes of examination claim 4 will be interpreted as depending from claim 3.
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 5-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “a hinge catcher that operates so that the doors are coupled to or decoupled from the door frame”. As noted in the above specification objection the hinge coupler is not shown as coupling or decoupling from the door frame but instead retracting into the door frame. Given the discrepancy between what is shown and what is described/claimed and the fact that what the hinge coupler does couple to in the extended position is not shown or described it is unclear what is meant by the limitations of claim 5 with respect to the hinge coupler. Limitations will be interpreted broadly as something coupling to or decoupling from (directly or indirectly) the door frame to prevent/allow sliding, although examiner notes this is not what is shown.
As claim 5 is being interpreted as written, not as shown, claim 6, which describes what is shown (i.e. the retractable hinge catcher), will be rejected with claim 5.
Dependent claims are rejected as depending from a rejected claim
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) 1, 3-6, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent 6161336 to Ziv-Av (hereinafter Ziv-Av) in view of US patent 8984810 to Bortoluzzi (hereinafter Bort).
Regarding claim 1, the swing and sliding door apparatus is shown in Ziv-Av in figures 4-6D with
a swing and sliding door apparatus, which is provided at a lateral side (figures 6A-6D) of a chassis cab (van body column 6 lines 17--22) of a vehicle to swing (figure 6D) or slide (figures 6B-6C) and configured to open (figures 6C and 6D) or close (figure 6A) an opening formed in the chassis cab, the sliding door apparatus comprising:
a sliding rail (figure 5 rails with tracks 30 and 32) provided on at least one of upper (rail with track 30) and lower (rail with track 32) portions of the chassis cab;
a door (14) hingedly and rotatably connected to a cab frame (frame 12 defining opening for door), respectively, provided on a first side portion and a second side portion of the chassis cab, the door (14) being connected to be slidable (figures 6B-6C) in a longitudinal direction of the vehicle along the sliding rail (with tracks 30 and 32);
a door frame (18) provided at a position corresponding (in the closed position figure 6A) to the cab frame (frame 12) and configured to be coupled to (door fixed to frame when closed or sliding figures 6A-C) or decoupled (door free to pivot figure 6D) from an end portion of the doors; and
a door arm sliding assembly (arm with 40 in figure 4) provided on the lower portion of the chassis cab and configured to be coupled to or decoupled from (couple/decouple with door frame as above) the door (14), wherein the door arm sliding assembly (24) is slidable along the sliding rail (at least lower rail with track 32).
However, Ziv-Av does not teach the door being plural doors.
Plural doors are shown in Bort in figures 1-8 where two doors (2a and 2b) slide on sliding rail (11,20) so that the doors overlap (figure 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the swinging and sliding door system of Ziv-Av with the plural doors of Bort because plural or pairs of doors provided the known benefit of allowing for access to different portions of the cab and thereby more of the cab than a single door.
Regarding claim 3, the door frame (18) includes a striker (part engaging door latch described column 8 line 63-column 9 line 2) and the door (14) includes a door latch (further taught column 8 line 63-column 9 line 2) that couples (preventing sliding) or decouples (allowing sliding) from the striker in Ziv-Av.
Regarding claim 4, the door (14) include a handle that operates the door (14) to slide or not slide (column 8 line 63-column 9 line 14) in Ziv-Av.
Regarding claims 5 and 6, as best understood, the door (14) includes a hinge catcher (slide inhibiting element taught in column 9 lines 8-14)
Regarding claim 8, the door arm sliding assembly (arm with 40 in figure 4) including a door arm (portion with 40) and a door arm bracket (horizontal portion figure 4 connecting to 18 and 20) configured to be fixed or released (hinge 20 disconnects to allow pivoting movement figure 6D or connects for sliding movement figure 6C, further taught column 8 lines 16-62) from the door (14) in Ziv-Av.
Regarding claim 9, a door roller (40) is provided on the lower surface of the door arm and contacts with and rolls along the sliding rail (rail with track 32) in Ziv-Av.
Regarding claim 10, the sliding rail (figure 5 rails with tracks 30 and 32) is curved rearward (figures 6A-6D) toward a cab frame (frame 12) in Ziv-Av.
However, Ziv-Av does not teach the rails being a pair of rails.
A pair of rails are shown in Bort in figures 1-8 where doors (2a and 2b) move on a pair of rails (11 and 20). When provided to Ziv-Av having upper and lower rails there would be a pair of upper rails and a pair of lower rails to evenly support the movement of both doors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the swinging and sliding door system of Ziv-Av, having the plural doors of Bort, with the pair of rails of Bort because the pairs of rails provided the known benefit of supporting a pair of doors for flush closing movement (similar to the flush closing movement of Ziv-Av but for two doors).
Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zi-v-Av and Bort as applied to claims 6 and 1 (as well as claims 1, 3-5, and 8-10) above, and further in view of US patent 7165800 to Thiele (hereinafter Thiele).
Regarding claim 7, Ziv-Av is silent as to the connection between handle and door striker, i.e. how the striker moves.
A handle with cable is shown in Thiele in figures 1-6 with handle (86) connected to cable (78) to operate strikers (50,62) to decouple from latches (54,64)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the swinging and sliding door system of Ziv-Av, having the plural doors of Bort, with the handle with cable of Thiele because handles using actuating cables were well-known, readily available, and easy to use handle operators for locking mechanisms.
Regarding claim 11, Ziv-Av teaches a mechanism for allowing/preventing swinging (column 8 lines 51-62), however, Ziv-Av is silent as to how the mechanism is actuated.
A handle actuator for allowing/preventing swinging is shown in Thiele in figures 1-6 with handle (86) connected to cable (78) to operate strikers (50,62) to couple/decouple from latches (54,64) to prevent/allowing swinging of door (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the swinging and sliding door system of Ziv-Av, having the plural doors of Bort, with the handle mechanism of Thiele because handles were well-known, readily available, and easy to use handle mechanism for allowing/preventing vehicle door movement.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ziv-Av, Bort, and Thiele as applied to claim 11 above, and further in view of US patent 5370428 to Dreifert (hereinafter Dreifert).
Regarding claim 12, Zi-Av includes a mechanism for releasing the door (14) from the slide arm (i.e. allowing/preventing swinging), however, as noted above with claim 11 Ziv-Av does not go into details of the mechanism.
A sliding bar connection mechanism is shown in Dreifert in figures 1-14 where sliding bar (21) that can fix (pin 80 engages hole, solid lines figure 14) or release (pin 80 out of hole, dashed lines figure 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sliding door system of Ziv-Av, having the plural doors of Bort and the handle operator of Thiele, with the sliding bar connection mechanism of Dreifert because sliding bar connectors were known connectors in the wing art and provided the benefit of easy connection and disconnection as well as multiple connection points for secure connection.
Regarding claim 13, the handle (86) uses a cable (78) to actuate the locking mechanism in Thiele and when provided to Ziv-Av, in combination with the sliding bar of Dreifert, the cable would actuate the sliding bar.
Regarding claim 14, the bar (21) includes a plurality of pins in Dreifert.
Regarding claim 15, the pins (81) are inserted into or released from holes (figure 14) in Dreifert.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ziv-Av, Bort, and Dreifert.
Regarding claim 16, the swing and sliding door apparatus is shown in Ziv-Av in figures 4-6D with
a swing and sliding door apparatus, which is provided at a lateral side (figures 6A-6D) of a chassis cab (van body column 6 lines 17--22) of a vehicle to swing (figure 6D) or slide (figures 6B-6C) and configured to open (figures 6C and 6D) or close (figure 6A) an opening formed in the chassis cab, the sliding door apparatus comprising:
a door (14) hingedly and rotatably connected to a cab frame (frame 12 defining opening for door), respectively, provided on a first side portion and a second side portion of the chassis cab, the door (14) being connected to be slidable (figures 6B-6C) in a longitudinal direction of the vehicle along a sliding rail (figure 5 rails with tracks 30 and 32) provided on at least one of upper (rail with track 30) and lower (rail with track 32) portions of the chassis cab;
a striker (part engaging door latch described column 8 line 63-column 9 line 2) provided on a door frame (18) provided at a position corresponding (in the closed position figure 6A) to the cab frame (frame 12);
a door latch (further taught column 8 line 63-column 9 line 2) that couples (preventing sliding) or decouples (allowing sliding) from the striker;
a door arm sliding assembly (arm with 40 in figure 4) provided on the lower portion of the chassis cab and configured to be coupled to or decoupled from (couple/decouple with door frame as above) the door (14), wherein the door arm sliding assembly (24) is slidable along the sliding rail (at least lower rail with track 32).
However, Ziv-Av does not teach the door being plural doors and is silent as to the details of the mechanism for allowing/preventing swinging.
Plural doors are shown in Bort in figures 1-8 where two doors (2a and 2b) slide on sliding rail (11,20) so that the doors overlap (figure 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the swinging and sliding door system of Ziv-Av with the plural doors of Bort because plural or pairs of doors provided the known benefit of allowing for access to different portions of the cab and thereby more of the cab than a single door.
A sliding bar connection mechanism is shown in Dreifert in figures 1-14 where sliding bar (21) that can fix (pin 80 engages hole, solid lines figure 14) or release (pin 80 out of hole, dashed lines figure 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sliding door system of Ziv-Av with the sliding bar connection mechanism of Dreifert because sliding bar connectors were known connectors in the wing art and provided the benefit of easy connection and disconnection as well as multiple connection points for secure connection.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ziv-Av, Bort, and Dreifert as applied to claim 16 above, and further in view of Thiele.
Regarding claim 17, the door (14) include a handle that operates the door (14) to slide or not slide (column 8 line 63-column 9 line 14) in Ziv-Av, however, Ziv-Av is silent as to whether a handle is for swinging operation.
A handle actuator for allowing/preventing swinging is shown in Thiele in figures 1-6 with handle (86) connected to cable (78) to operate strikers (50,62) to couple/decouple from latches (54,64) to prevent/allowing swinging of door (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the swinging and sliding door system of Ziv-Av, having the plural doors of Bort and the sliding bar mechanism of Dreifert, with the handle mechanism of Thiele because handles were well-known, readily available, and easy to use handle mechanism for allowing/preventing vehicle door movement.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ziv-Av, Bort, Dreifert, and Thiele as applied to claim 17 above, and further in view of WO 2004/028884 to Kristl (hereinafter Kristl).
Regarding claim 18, as Ziv-Av teaches only one door it does not teach a B-pillar between the doors.
A B-pillar is shown in Kristl in figures 3A-4B with B-pillar (16) between first (14) and second (12) doors extending in an upward/downward direction and configured to detach from the vehicle chassis (figure 3B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sliding door system of Ziv-Av, having the pair of doors of Bort, the sliding bar mechanism of Dreifert, and the handle operator of Thiele, with the B-pillar of Kristl because B-pillars provided the known benefit of supporting the central free ends (i.e. ends away from the sides of the door opening) as well as providing a seal for the central region to prevent ingress of liquids or debris from the exterior to the interior of the cab.
Regarding claim 19, a seal is taught in Kristl in page 2 of the translate spec (enclosed herewith).
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/ Primary Examiner, Art Unit 3619