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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 14 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 5. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Drawings
The drawings are objected to because of the following:
Slot 24 seems to be present in figure 12 but not labeled.
In figure 10, applicant indicates pin 44, which is not mentioned in the specification. Examiner notes that it seems to be equivalent to pin 87 from figure 12. Please check the specification and drawings for accuracy between drawings, and between drawings and specification.
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 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 7, 13, 15, 20 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.
Regarding claim 7, 15, Applicant claims compressing the biasing member 70 AND “moves the ratchet portion of the first spindle away from the ratchet plug”. Examiner notes that compressing the spring 70 presses the ratchet features/portions 54/64 together. In fact, spring 70 is biased outward, so there is no situation that “moves the ratchet portion…away from the ratchet plug”. Examiner requests clarification.
Regarding claim 13, 20, claim 1 does not previously claim a pin, therefore “the pin” in line 3 is assumed to refer to the “stud extending away from the torsion spring”. In claim 20, examiner assumes that “second spindle comprises a pin” seems to be the same as the “stud” of claim 13. Examiner notes that applicant has disclosed several “pins” (22 and 87), and only one stud 85. Examiner assumes that claims 13 and 20 refer to “stud” 85.
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, 6-10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2013/0205543 Chen in view of KR20160042722 Park.
Regarding claims 1, Chen discloses a self-closing hinge (“self-closing” is the intended function of the structure below) assembly comprising:
a first leaf 22 configured to be attached to a first door system surface (having through holes for mounting);
a second leaf 21 configured to be attached to a second door system surface (having through holes for mounting);
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a first knuckle 221 and a second knuckle 221 (each annotated), wherein the first knuckle and the second knuckle are attached to the first leaf 22 and are aligned with each other along a hinge axis extending through the first knuckle and the second knuckle, and wherein the first knuckle and the second knuckle are spaced apart from each other along the hinge axis (as shown in figure 3);
a central knuckle 211 located between the first knuckle 221 and the second knuckle 221, wherein the central knuckle 211 is attached to the second leaf 21 and aligned with the first knuckle and the second knuckle along the hinge axis (as shown in figure 8);
a ratchet plug 23 located in the first knuckle 221, the ratchet plug 23 fixed in position relative to the first knuckle 221 and the hinge axis (using set screw 25, figure 3), and wherein the ratchet plug 23 comprises ratchet features 233 facing the central knuckle (best shown in figure 5);
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a torsion spring 32 located in the central knuckle 211, wherein the torsion spring 32 comprises a first end 322 proximate the first knuckle and a second end 321 proximate the second knuckle (best seen in figure 4);
a first spindle 42 located between the first end 322 of the torsion spring and the ratchet plug 23 (figure 7), wherein the first spindle 42 comprises a spring end (slot receiving end 322, figure 7) engaged with the first end 322 of the torsion spring 32 such that rotation of the first spindle 42 about the hinge axis rotates the first end of the torsion spring about the hinge axis (as shown in figure 7), and wherein the first spindle 42 comprises a ratchet portion 421 located in the first knuckle 221 (figures 4, 5, 7);
a biasing element 43 located between the first end of the torsion spring 32 and the ratchet portion 421 of the first spindle 42 (best shown in figure 8), wherein the biasing element 43 is configured to force the ratchet portion of the first spindle into engagement with the ratchet features on the ratchet plug (pushes ratchet features and portions together, figure 8), wherein the ratchet features 233 of the ratchet plug 23 and the ratchet portion 421 of the first spindle 42, when engaged with each other, are configured to allow the first spindle to rotate about the hinge axis in one direction and to prevent rotation of the first spindle about the hinge axis in a direction opposite the one direction (by having cam shapes present in figures 4, 5, 7);
a screw 52 located in the second knuckle 221, wherein the second knuckle 221 and the screw 52 comprise complementary threads 522 such that rotation of the screw in a first direction about the hinge axis moves the screw along the hinge axis towards the first knuckle (in the manner of the threaded surfaces), and wherein rotation of the screw 52 about the hinge axis in a second direction opposite the first direction moves the screw along the hinge axis away from the first knuckle (in the manner of threaded surfaces); and
a second spindle 31 extending between the second end of the torsion spring 32 and the screw 52 (as shown in figure 8), wherein the second spindle 31 comprises a spring end 312 located in the central knuckle 211 and engaged with the second end of the torsion spring 32 (best shown in figures 4 and 8), and wherein the second spindle 31 is fixed in position in the central knuckle 211 relative to the hinge axis (using protrusion 311, [0027]) such that rotation of the second leaf in the second direction about the hinge axis relative to the first leaf acts against the torsion force applied to the second leaf of the hinge assembly by the torsion spring.
Chen discloses the screw 52 moves up and down within the first knuckle, but not that it correlates to “moving the second leaf along the hinge axis”.
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Park discloses first leaf 20 configured to be attached to a first door system surface (with through holes 210) having two knuckles 22 aligned with each other along a hinge axis extending through both knuckles, wherein the knuckles are spaced apart from each other along the hinge axis (figure 1); a second leaf 10 configured to be attached to a second door system surface (with through holes 110) having a central knuckle 12 located between the two knuckles of the first leaf, and aligned with the two knuckles along the hinge axis;
a biasing element 15; a screw 23 located in the second knuckle comprising complementary threads (figure 3) so that the screw 23 moves linearly along the hinge axis (between figure 3 and 4),
wherein rotation of the screw 23 about the hinge axis in the first direction moves the second leaf 10 along the hinge axis towards the first knuckle (from figure 3 to figure 4), and wherein rotation of the screw 23 about the hinge axis in the second direction moves the second leaf 20 along the hinge axis away from the first knuckle (from figure 4 to figure 3). This movement is done to “finely lifting and lowering a door leaf with respect to a door frame” (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the central knuckle of Chen between the first and second knuckles of Chen in order to “finely lifting and lowering a door” within the door frame as taught by Park, by using the existing screw 52 of Chen. In order to achieve this usage of the screw 52 of Chen, this would require shortening the length of the central knuckle 211 of Chen so that there is room to move the central knuckle 211 between the other knuckles 221 of Chen, which is taught by figures 3 and 4 Park. Further, this would require shortening the tube of the ratchet plug 23 of Chen, so that the ratchet plug 23 does not interfere with the movement of the central knuckle 211 within the central hole of the central knuckle. Examiner notes that applicant does not claim how the screw moves the central knuckle, only that it does. Chen discloses the structure claimed, and Park discloses that the structure of Chen is possible to allow the “Finely lifting” feature which is old and well known in the art, can be used in a similar hinge. The changes to the length of the central knuckle and the length of the ratchet plug 23 merely allows the movement taught by Park to happen.
Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. MPEP 2114. Examiner notes the phrases in italics above, and throughout the action, are considered intended use. Examiner contends that the structure capable of performing the intended use is met in the prior art, and is described how the structure disclosed performs the claimed functions in the parentheses; therefore, all italicized language is considered and shown in the prior art. Further, examiner notes that the disclosed structure is capable of performing the intended use claimed by applicant.
Regarding claim 2, Chen as modified discloses an assembly according to claim 1, wherein rotation of the screw (52 of Chen, 23 of Park) about the hinge axis in the first direction moves the second spindle 31 and the second end of the torsion spring 32 along the hinge axis towards the first knuckle (in the same manner taught by Park).
Regarding claim 3, Chen as modified discloses an assembly according to claim 1, wherein rotation of the first spindle 31 about the hinge axis in the one direction increases a torque force applied by the torsion spring to the second leaf (because the end of the torsion spring is connected to the spindle 31 using slot 312).
Regarding claim 6, Chen as modified discloses an assembly according to claim 1, wherein rotation of the screw 52 about the hinge axis in the first direction (the same direction that moves the central knuckle towards the first knuckle) moves the torsion spring 32 towards the first knuckle (because the spindle 31 is moved as well as the central knuckle 211).
Regarding claim 7, Chen as modified discloses an assembly according to claim 1, wherein rotation of the first spindle 31 about the hinge axis in the one direction (the same direction that moves the central knuckle towards the first knuckle) compresses the biasing element 43 along the hinge axis (because the linear position of the spindle compresses/relaxes the biasing member 43) and moves the ratchet portion 421 of the first spindle away from the ratchet plug (please see 112b rejection above; the spring pushes the ratchet portions/features together at all times in the same manner disclosed by applicant).
Regarding claim 8, Chen as modified discloses an assembly according to claim 1, wherein the biasing element 70 comprises a helically wound compression spring 43 (figures 8 and 9).
Regarding claim 9, Chen as modified discloses an assembly according to claim 8, wherein the biasing element 43 is attached to the first spindle 42 (spring 43 is between first spindle 42 and second spindle 31).
Regarding claim 10, Chen as modified discloses an assembly according to claim 8, wherein the assembly comprises a shoulder (narrow end) located on the first spindle 31, wherein the biasing element 43 acts on the shoulder (narrow end) to force the ratchet portion into engagement with the ratchet features on the ratchet plug (spring 43 pushes both ratchets together at all times, as disclosed by examiner).
Regarding claim 13, Chen as modified discloses an assembly according to claim 1, wherein the second spindle 31 comprises a stud (annotated in figure 8) extending away from the torsion spring 32 along the hinge axis and wherein the screw 52 comprises a stud cavity (as shown in figure 8), wherein the stud is located in the stud cavity (as shown in figure 8) and wherein the stud rotates about the hinge axis within the stud cavity when the second leaf rotates about the hinge axis (as shown in figures 8-9).
Claim(s) 4, 5, 14-17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen modified by Park as applied to claim 1 above, and further in view of 2013/0247329 Teta.
Examiner notes that claim 14 is equivalent to claim 5. All claims will be grouped together for purposes of compact prosecution.
Regarding claims 4, Chen as modified discloses the device of claim 1, wherein the torsion spring 32 comprises helical windings and a leg extending 322 along the helical windings at the first end of the torsion spring 32 (best shown in figure 7), and wherein the first spindle 42 comprises a slot 422 (best shown in figure 7) configured to capture the leg 322 such that rotation of the first spindle about the hinge axis in the one direction increases a torque force applied by the torsion spring to the second leaf. Chen discloses that the leg 322 of the end of the torsion spring 32 extends in the axial direction, but does not extend inward of the windings, best shown in figure 7.
Teta discloses a hinge having similar knuckle structure, using a torsion spring 52, having two spindles 28/44, the ends of the spring 52 has legs at the end of the torsion spring extending interior of the windings, and extend into slots in an extension of the spindles adjacent the torsion spring (best shown in figure 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the angle of the legs 322 of Chen to be inserted into the slot 422 of Chen in a different orientation which is old and well known in the art, taught in Teta, as these are different orientations known in the art to achieve the connection of a torsion spring to a spindle. The rearrangement of known parts into a known arrangement is considered obvious to one of ordinary skill in the art. See MPEP 2144.04 (VI) (c). Examiner contends that these are known equivalents and are used for the same purpose within the ordinary skill in the art. See MPEP 2144 (I): “rationale to modify or combine the prior art does not have to be expressly stated in the prior art…it may be reasoned from knowledge generally available to one of ordinary skill in the art”.
Regarding claims 5 and 14, Chen as modified discloses the device of claim 4, wherein the slot 422 of Chen comprises a depth extending along the hinge axis (best shown in figure 7), and wherein rotation of the screw 52 about the hinge axis in the first direction (which moves the central knuckle and the second spindle) moves the leg 322 of the torsion spring within the slot towards the first knuckle (because rotation of the screw 52 of Chen is taught to also adjust the torsion of the spring 30).
Regarding claim 15, please see claim 7.
Regarding claim 16, please see claims 8 and 9.
Regarding claim 17, please see claim 10.
Regarding claim 20, please see claim 13.
Allowable Subject Matter
Claims 11, 12, 18, 19, 21 are 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. Please see 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677