DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 12/18/2025.
Status of Claims: Claims 1, 4-9, and 13-22 are currently pending and have been examined below. Claims 2-3 and 10-12 are cancelled.
Claim Objections
Claim 1 is objected to because of the following informalities:
In lines 18-19 of claim 1, “wherein the block includes chamfered surfaces to guide the connector to the recess when the block collides with the connector in the extended position” is objected. Note that the guiding of the connector into the recess via the chamfered surfaces and the ‘collision’ of the block with the connector is performed before the connector is in the extended position (see figures 16-17 and 22-24). This objection is set forth because the claim is reciting that the guiding of the connector via the chamfered surfaces seems to be when the connector is already in the extended position.
Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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.
Claims 1, 4-5, 8-9, 13-17, 19, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plummer (US 9382745).
Claim 1
(Plummer discloses) An actuator assembly (figures 1A and 4A-7) for moving a sliding door or window (216), the actuator assembly including:
a motor assembly (242; figure 5) attachable to a frame (215; figure 7) of the sliding door or window;
a rod (244) driveable by the motor assembly, the rod having a thread (figure 5);
a block (270) that is engaged with and driveable by the thread of the rod (lines 62-67 of col. 10);
a connector (262) engaged at a first end (end of 262 that is inserted in the block in figure 6C), with the block, and engageable at a second end (end of 262 closer to the sash 216) with the sliding door or window, such that actuation of the motor assembly to drive the rod causes movement of the block along the rod, which causes movement of the connector for moving the sliding door or window (lines 8-12 of col. 12);
wherein the connector is selectively engageable with the block (figures 6A-6C);
wherein the connector is moveable between an extended position (extended position of 262 in figure 6C), wherein the first end of the connector is engaged with the block such that movement of the block causes movement of the connector (lines 8-12 of col. 12), and a retracted position (retracted position of 262 in figure 6B), wherein the first end of the connector is disengaged with the block such that movement of the block does not cause movement of the connector (lines 62-67 of col. 11);
wherein the block includes a recess (274) for receiving the connector in the extended position (figure 6C);
wherein the block includes chamfered surfaces (chamfered surfaces 276 and 278) to guide the connector to the recess when the block collides with the connector in the extended position (figures 6A-6C; lines 62-67 of col. 11); and
wherein the movement of the connector between the extended and the retracted positions is in an axial connector direction (Annotated figure 6C below), and wherein the connector is moved perpendicular to the connector direction while in the extended position (Annotated figure 6C below) by urging with the chamfered surfaces when guided into the recess by the chamfered surfaces (‘by’ was interpreted as --With the use or help of; through-- such that the movement of the connector to the extended position is done 'with the use or help of' the connector urging with the chamfered surfaces).
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Annotated figure 6C
Claim 4
(Plummer discloses) The actuator assembly of claim 1, wherein the actuator assembly further includes a button assembly (260; figures 4B-4C) operable to move the connector between the extended position and the retracted position (figures 4B-4C).
Claim 5
(Plummer discloses) The actuator assembly of claim 4, wherein the button assembly includes a slide toggle (see sliding toggle 264; figures 4B-4C).
Claim 8
(Plummer discloses) The actuator assembly of claim 1, wherein the connector is biased toward the extended position (lines 2-5 of col. 10).
Claim 9
(Plummer discloses) The actuator assembly of claim 1, wherein, in the retracted position, the connector is moveable relative to the block for moving the sliding door or window without actuation of the motor assembly (lines 57-65 of col. 2).
Claim 13
(Plummer discloses) The actuator assembly of claim 1, wherein the actuator assembly further includes a connector holder (320; figure 8) to allow the connector to engage with the sliding door or window (‘engage’ was interpreted as -- To require the use of; occupy-- and ‘with’ was interpreted as -- Next to; alongside of-- such that the connector holder allows the connector, which is next to the sliding door or window, to be used),
wherein the connector holder is movable perpendicular to the connector direction between a rest position (position of 320 when the connector is not in the recess) and a displaced position (position of 320 when the connector is within the recess) to allow the movement of the connector when guided into the recess by the chamfered surfaces (lines 56-67 of col. 12).
Claim 14
(Plummer discloses) The actuator assembly of claim 13, wherein the connector holder includes a spring (330) to bias the connector holder toward the rest position.
Claim 15
(Plummer discloses) The actuator assembly of claim 1, wherein the recess is located off-center with respect to the rod (figure 6A showing the recess off-centered with respect to the rod).
Claim 16
(Plummer discloses) The actuator assembly of claim 1, wherein the actuator assembly further includes a connector holder (264; figures 4B-4C) to allow the connector to engage with the sliding door or window,
wherein the connector holder includes a receiver (the receiver of the connector holder 264 in Annotated figure 4B below) for receiving the connector, the receiver being located off-center with respect to the rod (figure 4B and figure 6B).
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Annotated figure 4B
Claim 17
(Plummer discloses) The actuator assembly of claim 16, wherein the connector holder
includes said receiver and at a second receiver (see both receivers in Annotated figure 4B above), located on opposite off-center locations with respect to the rod (Annotated figure 4B above).
Claim 19
(Plummer discloses) A sliding door or window assembly (figure 1A) including the actuator assembly of claim 1 (see rejection in claim 1 above), the sliding door or window assembly including:
a frame (12-13, and 15) having a sill (13) with jambs (15) upstanding from the sill and topped by a head (12) to define a cavity (figure 1A);
a sliding member (218; figure 4A) mounted in the frame so as to be moveable between an open position and a closed position (figures 6A-6C);
wherein the motor assembly is mounted in an interior of an extrusion profile of at least one of the sill, the jambs, and the head (this is taught as shown in figure 1A showing the window balance assembly including the motor assembly inside the jamb).
Claim 21
(Plummer discloses) The sliding door or window assembly of claim 19, wherein the sliding member includes a plurality of sash members (at least 4 sash members as shown in figure 1A), and wherein the connector is mounted in an interior of an extrusion profile of one of the sash members (figure 6C).
Claim 22
(Plummer discloses) The sliding door or window assembly of claim 21, wherein the actuator assembly further includes a button assembly (260; figures 4B-4C) operable to move the connector between the extended position (position in figure 4B) and the retracted position (position in figure 4C) and wherein the button assembly is mounted to one of the sash members (figures 4B-4C).
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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Plummer, as applied to claims 1, 4-5, 8-9, 13-17, 19, and 21-22 above, in view of Simson et al. (US 5826377) (hereinafter “Simson”).
Claims 6 and 7
(Plummer discloses) The actuator assembly of claim 4.
Plummer fails to disclose:
(i) wherein the actuator assembly further includes a key lock operable between an unlocked position, wherein the button assembly is operable, and a locked position, wherein the button assembly is not operable; (claim 6);
(ii) wherein, when the key lock is in the locked position, the connector is not moveable between the extended position and the retracted position (claim 7).
However, Simson teaches:
(i) wherein an actuator assembly (assembly shown in Simson figures 1-2) further includes a key lock (30) operable between an unlocked position (loosened state; Simson figure 2; lines 11-16 of col. 3), wherein a button assembly (34) is operable, and a locked position (tightened state), wherein the button assembly is not operable;
(ii) wherein, when the key lock is in the locked position, a connector (17) is not moveable between an extended position and a retracted position (lines 11-16 of col. 3).
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 linearly moving actuator assembly of Plummer with the linear lock of Simson, with a reasonable expectation of success, for providing additional security means to the actuator therefore it is not actuated accidentally.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Plummer, as applied to claims 1, 4-5, 8-9, 13-17, 19, and 21-22 above, in view of Tseng.
Claim 18
(Plummer discloses) The actuator assembly of claim 1.
Plummer fails to disclose wherein the actuator assembly further includes a tip that is threadingly engaged with the connector, so that a length of the combined connector and tip is adjustable.
(However, Tseng teaches) a linear actuator assembly (1 and 2; Tseng figures 4-5) further includes a tip (2) that is threadingly engaged with a connector (1), so that a length of the combined connector and tip is adjustable (Tseng figures 4-5).
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 connector of Plummer with the adjustable tip of Tseng, with a reasonable expectation of success, for accurately optimizing the length of the connector such that it is properly fitted within the recess when the connector and the block are engaged with one another.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Plummer, as applied to claims 1, 4-5, 8-9, 13-17, 19, and 21-22 above.
Claim 20
(Plummer discloses) The sliding door or window assembly of claim 19.
Plummer is silent wherein the actuator assembly further includes a bearing holder at an opposite end of the extrusion profile wherein the motor assembly is mounted, the bearing holder having a bearing to support the rod.
(However, an embodiment of Plummer teaches) an actuator assembly (Plummer figure 2) further includes a bearing holder (Annotated figure 2 below) at an opposite end of an extrusion profile wherein a motor assembly (42) is mounted (Annotated figure 2 below), the bearing holder having a bearing to support a rod (44; Annotated figure 2 below).
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 assembly of Plummer with the bearing holder of the embodiment of Plummer, with a reasonable expectation of success, for the predictable and expected benefit of fully supporting both ends of the rod thus reducing vibration as it is rotated by the motor.
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Response to Arguments
Applicant’s amendment directed to the claim objections and 112 rejection has been accepted.
Applicant's arguments filed on 12/18/2025 have been fully considered but they are not persuasive.
Applicant notes “As shown in an embodiment of the claimed invention in FIG. 18, the connector 150 is deflected perpendicular to the axial connector direction 156 by urging with the chamfered surface 134 when in the extended position” (page 2 of the Remarks section). This is directed to the urging movement direction of the connector 150 as it moves along the inclined surface of the chamfered surfaces 134 which is perpendicular to the extending-retracting direction of the connector. This was found unpersuasive as the claims are broadly written such that another movement of the connector can be interpreted to be perpendicular to the extending-retracting direction of the connector.
Additionally, the limitation "wherein the connector is moved perpendicular to the connector direction while in the extended position" seems to be referring to the movement of the connector when it is already engaged within the recess of the block rather than the urging movement of the connector via the chamfered surfaces into the recess of the block. Applicant needs to amend this such that the perpendicular movement is specifically defined as the urging movement of the connector into the recess via its engagement with the chamfered surfaces.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634