DETAILED ACTION
This final Office action is in response to the claims filed on 9/24/2025.
Status of claims: claim 2 are cancelled; claims 1, 3 and 4 are hereby examined below.
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 .
Claim Objections
Claims 1 and 4 are objected to because of the following informalities:
Claims 1 and 4 – is the “lock having a lock piece” latch 20? Or is the “lock having a lock piece” saddle 220? Perhaps amend the claims with either latch or saddle for clarity.
Claim 4, line 75 – “the third transverse member” should be amended to “the third transverse support member” for consistency
Appropriate correction is required.
Specification
The amendment filed 9/24/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “the latch mechanism engaging an innermost portion of the second gate, the latch mechanism further engaging an innermost portion of the first gate” recited in lines 51-52 of claim 4.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 recitation of claim 3 of “wherein the piece of the first gate engages the first side of the third transverse support member and wherein the piece of the first gate engages the second side of the third transverse support member” must be shown or the feature(s) canceled from the claim(s). 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 refirsting 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 refirsting 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
“the latch mechanism engaging an innermost portion of the second gate, the latch mechanism further engaging an innermost portion of the first gate” recited in lines 51-53 of claim 4 was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 3 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 3, lines 4 and 6 – “the piece of the first gate engages the first side of the third transverse support member and wherein the piece of the first gate engages the second side of the third transverse support member” is unclear. Does the applicant mean the piece on the second gate, rather than the first gate, since the piece 222 on the second gate extends downwardly, as recited in claim 1, and engages both the first side and second side of the third transverse support member, as recited in claim 3? Note, claim 1 recites “a structure of the lock piece being different from a structure of said piece extending downwardly” indicates that the lock piece of the first gate cannot be element 220 since element 220 has the same structure as piece 222. (see FIG. 11)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0221305 to Dilworth et al. (hereinafter “Dilworth”) in view of US 7950184 to Flannery in view of US 2013/0221304 to Wang.
Dilworth discloses a double door gate apparatus comprising:
a) a frame having a first vertical support member (with element 51 attached thereon; see FIG. 4), a second vertical support member (with element 51 attached thereon; see FIG. 4), the first and second vertical support members being spaced apart, each of the first and second vertical support members having an upper end and a lower end; (see FIG. 1)
b) the frame further having a third transverse support member (extends perpendicular and below to the first and second vertical support members; see FIG. 1),
c) a first gate 21 having an outer end and an inner end, the outer end of the first gate mounted on a first pivot axis on the third transverse support member, the inner end of the first gate swingable across the third transverse support member, (see FIGS. 1 and 2) and
d) a second gate 21 having an outer end and an inner end, the outer end of the second gate mounted on a second pivot axis on the third transverse support member, the inner end of the second gate being swingable across the third transverse support member. (see FIGS. 1 and 2)
Dilworth fails to disclose the frame further having a first transverse support member, a second transverse support member, wherein the first transverse support member on the upper end of the first vertical support member and extending inwardly, the second transverse support member on the upper end of the second vertical support member and extending inwardly, and the third transverse support member engaged to each of the lower ends of the first and second vertical support members;
the second gate being slideable vertically up and down on the second pivot axis;
e) the second and third transverse support members working as stops to limit vertical sliding of the second gate on the second pivot axis;
f) wherein the second transverse support member works as a stop to limit upward vertical sliding of the second gate on the second pivot axis;
g) wherein the first gate is engagable to and disengagable from the second gate, wherein the second gate is engagable to and disengagable from the third transverse support member;
h) the first gate being engagable to and disengagable from the second gate by a latch mechanism that includes a slideable latch body;
i) the latch body being on the first gate, the latch body being slideable on the first gate to a first position where the first gate is engaged to the second gate, the latch body being slideable on the first gate to a second position where the first gate is disengaged to the second gate;
j) the latch mechanism engaging a portion of the second gate, the latch mechanism further engaging a portion of the first gate;
k) the first gate having a lowermost transverse support member having an inner end and a lock on the inner end, the lock having a lock piece engagable to and disengagable from a portion of the double door gate apparatus that is spaced from and adjacent to the first gate to prevent the first gate from swinging relative to the third transverse support member when engaged to said portion and to permit the first gate to swing relative to said third transverse support member when disengaged from said portion;
l) the second gate having a lowermost transverse support member and a piece extending downwardly from said lowermost transverse support member of the second gate to the third transverse support member, the piece of the second gate engagable to the third transverse support member to limit swinging of the second gate relative to the third transverse member; and
m) a structure of the lock piece being different from a structure of said piece extending downwardly.
Flannery teaches of a first transverse support member (above vertical support member 44 and pivot 33; see FIG. 1), wherein the first transverse support member is on the upper end of the first vertical support member and extending inwardly, and a third transverse support member 28 engaged to the lower ends of vertical support members 44, 42. (see FIG. 1)
Flannery also teaches of the gate 14 is slidable vertically up and down a pivot axis, wherein the first and third transverse support members work as stops to limit vertical sliding of the gate along the pivot axis, wherein the first transverse support member works as a stop to limit upward vertical sliding of the gate on the pivot axis; wherein the gate is engagable and disengagable to another end of the gate assembly, wherein the gate is engageable to and disengagable from the third transverse support member.
Flannery also teaches of:
h) the gate 14 being engagable to and disengagable from an outer frame by a latch mechanism 16 that includes a slideable latch body 62, (see FIGS. 1-4);
i) the latch body being on the gate, the latch body being slideable on the gate to a first position where the gate is engaged to the outer frame, the latch body being slideable on the gate to a second position where the gate is disengaged to the outer frame; (see FIGS. 3 and 4) and
j) the latch mechanism engaging a portion of the outer frame (near vertical element 32 on the outer frame), the latch mechanism further engaging a portion of the gate (the portion of the gate is on the opposite side of the pivot axis of the first gate; see FIGS. 1, 3, 4);
k) the gate having a lowermost transverse support member 40 and a piece 18 extending downwardly from said lowermost transverse support member of the gate to the third transverse support member 28, the piece of the gate engagable to the third transverse support member to limit swinging of the gate relative to the third transverse support member.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Dilworth by including with Dilworth a piece 18 on the second gate, a latch 16 on the Dilworth first gate that engages the second gate, a pivot running along each of the Dilworth vertical support members, and a transverse support member that extends inwardly above each of the Dilworth first and second vertical support members, as taught by Flannery, in order to allow the Dilworth second gate to open via a two-step action of sliding a latch and lifting the gate to disengage the piece on the gate; thus further preventing unwanted opening/swinging of each gate.
Also, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Dilworth by including with Dilworth a piece 18 on the second gate, a latch 16 on the Dilworth first gate that engages the second gate, a pivot running along each of the Dilworth vertical support members, and a transverse support member that extends inwardly above each of the Dilworth first and second vertical support members, as taught by Flannery, in order to allow for latching the two gates together; thus further preventing unwanted opening/swinging of each gate.
Wang teaches of a gate 20 having a lowermost transverse support member having an inner end (next to element 13; see FIG. 2) and a lock on the inner end, the lock having a lock piece 21,111 (see FIG. 2) engagable to and disengagable from a portion of a door gate apparatus that is spaced from and adjacent to the gate to prevent the gate from swinging relative to the third transverse support member 11 when engaged to said portion and to permit the gate to swing relative to said third transverse support member when disengaged from said portion.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the first gate of Dilworth with a lock piece as disclosed in Wang with a reasonable expectation of success in order to further secure the first gate in the closed position; thus further preventing unwanted opening/swinging of the first gate.
Furthermore, by combining the teachings of Wang with Dilworth in view of Flannery, Dilworth, as applied above, further discloses a structure of the lock piece being different from a structure of said piece extending downwardly. (claim 1)
Dilworth, as applied above, further discloses the third transverse support member includes first, second, and third sides, wherein the piece of the first gate engages the first side of the third transverse support member and wherein the piece of the first gate engages the second side of the third transverse support member. (see FIG. 2 of Wang) (claim 3)
Dilworth discloses a double door gate apparatus comprising:
a) a frame having a first vertical support member (with element 51 attached thereon; see FIG. 4), a second vertical support member (with element 51 attached thereon; see FIG. 4), the first and second vertical support members being spaced apart, each of the first and second vertical support members having an upper end and a lower end; (see FIG. 1)
b) the frame further having a third transverse support member (extends perpendicular and below to the first and second vertical support members; see FIG. 1),
c) a first gate 21 having an outer end and an inner end, the outer end of the first gate mounted on a first pivot axis on the third transverse support member, the inner end of the first gate swingable relative to the third transverse support member, and
d) a second gate 21 having an outer end and an inner end, the outer end of the second gate mounted on a second pivot axis on the third transverse support member, the inner end of the second gate being swingable relative to the third transverse support member.
Dilworth fails to disclose the frame further having a first transverse support member, a second transverse support member, wherein the first transverse support member on the upper end of the first vertical support member and extending inwardly, the second transverse support member on the upper end of the second vertical support member and extending inwardly, and the third transverse support member engaged to each of the lower ends of the first and second vertical support members;
the second gate being slideable vertically up and down on the second pivot axis;
e) the second and third transverse support members working as stops to limit vertical sliding of the second gate on the second pivot axis;
f) wherein the second transverse support member works as a stop to limit upward vertical sliding of the second gate on the second pivot axis;
g) wherein the first gate is engagable to and disengagable from the second gate, wherein the second gate is engagable to and disengagable from the third transverse support member;
h) the first gate being engagable to and disengagable from the second gate by a latch mechanism that includes a slideable latch body;
i) the latch body being on the first gate, the latch body being slideable on the first gate to a first position where the first gate is engaged to the second gate, the slideable latch body being slideable on the first gate to a second position where the first gate is disengaged to the second gate;
j) the latch mechanism engaging a portion of the second gate, the latch mechanism further engaging a portion of the first gate;
k) the first gate having a lowermost transverse support member, an innermost upright support member, and a lock, the lowermost transverse support member having an inner end and the inner upright support member having a lower end, the lock being engaged to the first gate at a location adjacent to both the inner end of the lowermost transverse support member and the lower end of the innermost upright support member, the lock having a lock piece engagable to and disengagable from a portion of the double door gate apparatus that is spaced from an adjacent to the first gate to prevent the first gate from swinging relative to the third traverse support member when engaged to said portion and to permit the first gate to swing relative to said third transverse support member when disengaged from said portion; and
l) the second gate having a lowermost transverse support member and a piece extending downwardly from said lowermost transverse support member of the second gate to the third transverse member, the piece of the second gate engagable to the third transverse support member to limit swinging of the second gate relative to the third transverse member; and
m) a structure of the lock piece being different from a structure of said piece extending downwardly.
Flannery teaches of a first transverse support member (above vertical support member 44 and pivot 33; see FIG. 1), wherein the first transverse support member is on the upper end of the first vertical support member and extending inwardly, and a third transverse support member 28 engaged to the lower ends of vertical support members 44, 42.
Flannery also teaches of the gate 14 is slidable vertically up and down a pivot axis, wherein the first and third transverse support members work as stops to limit vertical sliding of the gate along the pivot axis, wherein the first transverse support member works as a stop to limit upward vertical sliding of the gate on the pivot axis; wherein the gate is engagable and disengagable to another end of the gate assembly, wherein the gate is engageable to and disengagable from the third transverse support member.
Flannery also teaches of:
h) the gate 14 being engagable to and disengagable from an outer frame by a latch mechanism 16 that includes a slideable latch body 62, (see FIGS. 1-4);
i) the latch body being on the first gate, the latch body being slideable on the gate to a first position where the gate is engaged to the outer frame, the latch body being slideable on the gate to a second position where the gate is disengaged to the outer frame; (see FIGS. 3 and 4) and
j) the latch mechanism engaging a portion of the outer frame (near vertical element 32 on the outer frame), the latch mechanism further engaging a portion of the gate (the innermost portion of the gate is on the opposite side of the pivot axis of the first gate; see FIGS. 1, 3, 4);
k) the gate having a lowermost transverse support member 40, an innermost upright support member 42, and the lowermost transverse support member having an inner end and the innermost upright support member having a lower end; and
l) the gate having the lowermost transverse support member 40 and a piece 18 extending downwardly from said lowermost transverse support member of the gate to the third transverse member 28, the piece of the gate engagable to the third transverse member to limit swinging of the gate relative to the third transverse member.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Dilworth by including with Dilworth a piece 18 on the second gate, a latch 16 on the Dilworth first gate that engages the second gate, a pivot running along each of the Dilworth vertical support members, and a transverse support member that extends inwardly above each of the Dilworth first and second vertical support members, as taught by Flannery, in order to allow the Dilworth second gate to open via a two-step action of sliding a latch and lifting a gate to disengage the piece on the gate; thus further preventing unwanted opening/swinging of each gate.
Also, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Dilworth by including with Dilworth a piece 18 on the second gate, a latch 16 on the Dilworth first gate that engages the second gate, a pivot running along each of the Dilworth vertical support members, and a transverse support member that extends inwardly above each of the Dilworth first and second vertical support members, as taught by Flannery, in order to allow for latching the two gates together; thus further preventing unwanted opening/swinging of each gate.
Wang teaches of a gate 20 having a lowermost transverse support member having an inner end (next to element 13; see FIG. 2) and a lock on the inner end, the lock having a lock piece 21,111 (see FIG. 2) engagable to and disengagable from a portion of a door gate apparatus that is spaced from and adjacent to the gate to prevent the gate from swinging relative to the third transverse support member 11 when engaged to said portion and to permit the gate to swing relative to said third transverse support member when disengaged from said portion.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the first gate of Dilworth with a lock piece as disclosed in Wang with a reasonable expectation of success in order to further secure the first gate in the closed position; thus further preventing unwanted opening/swinging of the first gate.
Furthermore, by combining the teachings of Wang with Dilworth in view of Flannery, Dilworth, as applied above, further discloses a structure of the lock piece being different from a structure of said piece extending downwardly. (claim 4)
Response to Arguments
Applicant's arguments filed 9/24/2025 have been fully considered but they are not persuasive.
On page 15 of the applicant’s response filed September 24, 2025, the applicant contends:
PNG
media_image1.png
336
584
media_image1.png
Greyscale
Applicant’s arguments with respect to claims 1 and 4 have been considered but are moot because the new ground of rejection does not rely on all the references applied in the prior rejection of record mailed March 27, 2025 for teaching or matter specifically challenged in the argument. More specifically, the newly cited Wang reference teaches of a lock piece on the first gate and Flannery teaches of a piece on the second gate, wherein “a structure of the lock piece being different from a structure of said piece extending downwardly,” as recited in claims 1 and 4.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 8-5 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached on 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Marcus Menezes/
Primary Examiner, Art Unit 3634