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 .
The following final office action is in response to the reply filed July 1, 2026.
Drawings
The drawing correction filed July 1, 2026 has been approved.
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 1 and 3-15 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.
Recitations such as “the motor” on line 17 of claim 1 render the claims indefinite because they lack antecedent basis. Note that the applicant has previously set forth a motor assembly rather than a motor.
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 1, 3-6, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner (US 2017/0362874).
With respect to claim 1, DE 196 18 834 discloses a door assist system for a door closer 2 (fig. 1), the system comprising:
a track 5 (figs. 1 and 5); and
a drive assembly 7, 12, 15 (fig. 5) operatively coupled to the track 5, wherein the drive assembly 7, 12, 15 comprises:
a motor assembly 12 (fig. 5); and
a drive shaft (labeled below) rotatably coupled to the motor assembly 12;
wherein the track 5 is configured to be operatively coupled with a door or with a door frame or a wall;
wherein the door closer 2 (fig. 1) is configured to be operatively coupled to the opposite of the door 1 (fig. 1) or the door frame or the wall to which the track is operatively coupled;
wherein the drive shaft of the drive assembly is configured to be rotatably coupled to a drive arm 3 (figs. 1 and 5) of the door closer 2; and
wherein energy generated by the motor assembly 12 is mechanically transferred to the drive shaft; and
wherein the drive assembly 7, 12, 15, including the motor assembly 12, and the drive shaft, is configured to slide with respect to the track 5 as the motor 12 and the drive shaft moves the drive arm 3 to aid in opening or closing the door 1 (claim 1);
DE 196 18 834 is silent concerning a carriage.
However, Worner discloses a door assist system for a door closer, the system comprising: a track 16 (fig. 3); and a drive assembly 10 (fig. 3) operatively coupled to the track 16, wherein the drive assembly 10 comprises: a carriage 14; a motor assembly 20 operatively coupled to the carriage 14; and a drive shaft 34 rotatably coupled to the motor assembly 20; wherein the drive assembly 10, including the carriage 14, the motor assembly 20, and the drive shaft 34, is configured to slide with respect to the track 16 as the motor and the drive shaft 34 moves the drive arm 12 to aid in opening or closing the door.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide DE 196 18 834 with a carriage and track, as taught by Worner, with a reasonable expectation of success to more securely and accurately guide the movement of the drive assembly 7, 12, 15 as the drive assembly translates along the track.
With respect to claim 3, the carriage 14 comprises: one or more slides (labeled below) configured to contact track surfaces (labeled below) allowing the carriage 14 to slide with respect to the track 16.
With respect to claim 4, the carriage comprises: one or more carriage projections (labeled below) configured to extend into one or more holder cavities (labeled below) formed by one or more track projections (labeled below), wherein the one or more carriage projections and the one or more holder cavities locate the carriage within the track.
With respect to claim 5, the one or more carriage projections comprise four carriage projections (labeled below), wherein the one or more track projections comprise four track projections (labeled below), and wherein the one or more holder cavities comprise four holder cavities (labeled below) formed by the four track projections.
With respect to claim 6, the carriage 14 comprises: a first carriage portion (labeled below); and a second carriage portion (labeled below) operatively coupled to the first carriage portion to secure the motor assembly 20 and the drive shaft 34 at least partially within the carriage.
With respect to claim 8, the track 16 comprises: an upper portion (labeled below); a face portion (labeled below); and a mounting portion (labeled below).
With respect to claim 9, the track 16 further comprises: a lower portion defining a drive shaft aperture (labeled below); wherein the drive shaft aperture allows the drive shaft 34 of the drive assembly 10 to slide within the drive shaft aperture when the drive assembly 10 slides with respect to the track.
With respect to claim 10, the track 16 further comprises: one or more holder projections (labeled below as track projections) extending into a track cavity (labeled below) defined by the track 16, wherein the one or more holder projections and the track 16 define one or more holder cavities (labeled below) for securing at least a portion of the drive assembly 10 within the track cavity.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claims 1, 3-6, and 8-10 above.
DE 196 18 834, as modified above, discloses that the motor assembly 12 comprises a motor 12; and a drive train 15 operatively coupled to the motor 12; wherein the motor assembly has a drive ratio to transfer torque from the motor to the drive shaft, but is silent concerning a reduction ratio of at least 30 to 1.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill with a reduction ratio of at least 30 to 1 to increase the torque output of the motor to ensure that the motor assembly is able to move the door between opened and closed positions.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claims 1, 3-6, and 8-10 above, and further in view of Houser et al. (US 2006/0010771). Houser et al. discloses one or more sensors 170 to determine when to activate or deactivate a drive assembly 100 as set forth on lines 7-12 of paragraph 47, wherein the one or more sensors 170 comprise a position sensor as set forth on lines 7-12 of paragraph 47, a force sensor, or an accelerometer sensor (claim 11);
wherein the one or more sensors 170 comprise: the position sensor as set forth on lines 7-12 of paragraph 47 and wherein the position sensor is configured to identify a position of a door 42 or the drive assembly 100 for activating or deactivating the drive assembly (claim 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide DE 196 18 834, as modified above, with a position sensor, as taught by Houser et al., with a reasonable expectation of success to enable the controller to more accurately control the drive assembly.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claims 1, 3-6, and 8-10 above. DE 196 18 834, as modified above, discloses that the door assist system and a door closure are configured to allow opening and closing of the door, but is silent concerning the forces to allow opening and closing of the door.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide the door assist system of DE 196 18 834, as modified above, with opening and closing forces which allow opening of the door with less than or equal to five lbs of force and closing of the door with greater than or equal to five lbs of force with a reasonable expectation of success to enable a user to easily open and close the door.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claims 1, 3-6, and 8-10 above. DE 196 18 834, as modified above, discloses that the door assist system allows opening and closing of the door, but is silent concerning activating the door assist system to aid in closing the door when the door closer has a closing force that is less than or equal to five pounds of force.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to activate the door assist system of DE 196 18 834, as modified above, to aid in closing the door when the door closer has a closing force that is less than or equal to five pounds of force with a reasonable expectation of success to ensure that the door moves from the open position to the closed position. See lines 13-14 of paragraph 37 of Worner which discloses the use of the door assist system to close the door.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claims 1, 3-6, and 8-10 above. DE 196 18 834, as modified above, discloses that the door assist system is activated to open the door (see lines 13-14 of paragraph 37), but is silent as to when the door assist system is activated based on the closing force of the door closer.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to activate the door assist system of DE 196 18 834, as modified above, to aid in opening the door when the door closer has a closing force that is greater than or equal to five pounds of force to aid a user in opening the door and to ensure that the door is automatically fully opened.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner (US 2017/0362874). DE 196 18 834 discloses a door closer and assist system comprising:
a door assist comprising:
a track 5 (fig. 5); and
a drive assembly operatively coupled to the track 5, wherein the drive assembly comprises:
a motor assembly 12; and
a drive shaft (labeled below) operatively coupled to the motor
assembly 12;
a door closer 2 (fig. 1); and
a drive arm 3 (figs. 1 and 5) operatively coupling the door assist and the door closer 2;
wherein the door closer 2 is configured to be operatively coupled with a door 1 or with a door frame or a wall;
wherein the track 5 is configured to be operatively coupled to the opposite of the door or the door frame or the wall to which the door closer is operatively coupled;
wherein the drive shaft is configured to be operatively coupled to the drive arm 3 as shown in figure 5;
wherein energy generated by the motor assembly 12 is mechanically transferred to the drive shaft; and
wherein the drive assembly is configured to move the drive arm 3 and slide with respect to the track 5 to aid in opening or closing the door (claim 16).
DE 196 18 834 is silent concerning a carriage.
However, Worner discloses an assist system comprising a track 16 (fig. 3) and a drive assembly which comprises a carriage 14 and a motor assembly 20 operatively coupled to the carriage 14.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide DE 196 18 834 with a carriage, as taught by Worner, with a reasonable expectation of success to ensure the smooth and linear movement of the of the motor assembly as the motor assembly translates along the track.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claim 16 above.
DE 196 18 834 discloses that the motor assembly comprises a motor 12 and a drive train 15 operatively coupled to the motor 12 and a drive shaft (labeled below), wherein the motor assembly has a drive ratio to transfer torque from the motor 12 to the drive shaft.
DE 196 18 834, as modified above, is silent concerning a particular reduction ratio.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide the motor assembly of DE 196 18 834, as modified above, with a reduction ratio of at least 30 to 1 to increase the torque output of the motor to ensure that the motor assembly is able to move the door between opened and closed positions.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner as applied to claim 16 above and further in view of Patriquin et al. (US 3178759). DE 196 18 834, as modified above, is silent concerning the particular structure of the door closer 2.
However, Patriquin et al. discloses a door closer comprising a spring 16 to close a door; and a damper 12 operatively coupled to the spring 16 to control a closing speed of the door.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the door closer of DE 196 18 834, as modified above, with a damper and spring combination, as taught by Patriquin et al., with a reasonable expectation of success to more accurately control the closing speed of the door.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over DE 196 18 834 in view of Worner (US 2017/0362874) and Rietdijk (US 10612288). DE 196 18 834 discloses a method of assisting in opening or closing a door 1 (fig. 1) using a door closer 2 (fig. 1) and assist system comprising:
a door assist having,
a track 5 (fig. 5), and
a drive assembly operatively coupled to the track 5, wherein the drive assembly comprises:
a motor assembly 12; and
a drive shaft (labeled below) operatively coupled to the motor
assembly 12;
a door closer 2 having a drive arm 3 (figs. 1 and 5) operatively coupling the door assist and the door closer 2, wherein the door closer 2 is operatively coupled with the door 1 or with the door frame or a wall, and wherein the track 5 is operatively coupled to the opposite of the door or the door frame or the wall to which the door closer is operatively coupled, wherein the drive shaft is configured to be operatively coupled to the drive arm 3, wherein energy generated by the motor assembly 12 is mechanically transferred to the drive shaft, and wherein the drive assembly is configured to move the drive arm 3 and slide with respect to the track 5 to aid in opening or closing the door 1, the method comprising:
activating the drive assembly to assist in opening the door 1; or
activating the drive assembly to assist in closing the door 1.
DE 196 18 834 is silent concerning a carriage and a motor assembly operatively coupled to the carriage and identifying when the door is being moved in an open direction and an opening force to open the door is greater than or equal to a set opening force.
However, Worner discloses an assist system comprising a track 16 (fig. 3) and a drive assembly which comprises a carriage 14 and a motor assembly 20 operatively coupled to the carriage 14.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide DE 196 18 834 with a carriage, as taught by Worner, with a reasonable expectation of success to ensure the smooth and linear movement of the of the motor assembly as the motor assembly translates along the track.
Additionally, Rietdijk discloses a method of assisting in opening or closing a door 11 (fig. 1) comprising identifying when the door 11 is being moved in an open direction and an opening force to open the door 11 is greater than or equal to a set opening force, and in response activating a drive assembly 3 to assist in opening the door 11 as set forth on lines 29-32 of column 19.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide DE 196 18 834 with a control algorithm, as taught by Rietdijk, with a reasonable expectation of success to enable a user to initiate power assisted movement of the door by simply moving the door.
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Response to Arguments
Applicant's arguments filed July 1, 2026 have been fully considered but they are either moot in view of the new grounds of rejection or are not persuasive.
The applicant’s comments concerning claim 1 are moot in view of the new ground of rejection.
The applicant’s comments that the teachings of DE 196 18 834 and Worner fail to disclose that the drive assembly, including the carriage, the motor assembly, and the drive shaft, is configured to slide with respect to the track as the motor and the drive shaft moves the drive arm to aid in opening or closing the door are not persuasive. Claims 16 and 20 fail to explicitly recite that the carriage, the motor assembly, and the drive shaft, are configured to slide with respect to the track. See lines 18-19 of claim 16 and 15-16 of claim 20 which only require that the drive assembly be configured to slide with respect to the track. Thus, claims 16 and 20 fail to require that all of the components of the drive assembly be configured to slide with respect to the track. Even if the applicant were to further amend claims 16 and 20 to require that the carriage, motor assembly and drive shaft be configured to slide with respect to the track, the combination of the teachings of DE 196 18 834 and Worner disclose the above limitation. DE 196 18 834 discloses that the motor assembly and the shaft slide with respect to the track while Worner discloses that the carriage slides with respect to the track. Therefore, the combination of the teachings of DE 196 18 834 and Worner disclose a door assist system where the carriage, motor assembly and drive shaft all slide with respect to the track as the motor and the drive shaft move the drive arm to aid in opening or closing of the door.
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 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 GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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