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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 22-23 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Leist et al (5129441).
Leist et al figures (1-2) shows an overhead door comprising: a first row of panels(either 30 or 50, top or bottom) including a lower extruded rail(50 bottom) extending along a lengthwise direction of the first row of panels, the lower extruded rail including an exterior facing side(the surface where either 64 or 32a is, figure 2), a first interior facing side(the side of either 45a or 53), a lower side and an upper side, the respective sides defining a first enclosure; a second row of panels(the other of the 30 or 50 top or bottom) adjacent to the first row of panels, the second row of panels including an upper extruded rail extending along a lengthwise direction of the second row of panels, the upper extruded rail including a second exterior facing side(same side as first exterior surface), a second interior facing side(to the right), a second lower side and a second upper side, the respective sides defining a second enclosure(where 45 sits); and a first seal disposed between the upper side of the lower extruded rail and the lower side of the upper extruded rail, wherein a portion of the exterior facing side of the upper extruded rail covers a recessed portion(the surface to the left of 54 figure 2) of the exterior facing side of the lower extruded rail to form the first seal, the portion of the exterior facing side of the upper extruded rail having a thickness extending from a first surface facing exteriorly to a second surface opposite the first surface, the second surface facing the exterior facing side of the lower extruded rail, wherein the lower side of the upper extruded rail defines a groove (at 34a) configured to form a second seal between the lower extruded rail and the upper extruded rail, and wherein the lower surface of the upper extruded rail includes one of a protrusion(the portion to the left of 73, figure 2) and a recess and the upper surface of the lower extruded rail includes the other of the protrusion and the recess(recess from top of 54), the protrusion being disposed in the recess, an area between the protrusion and the recess defines a third seal, the third seal being further from the exterior facing side of the lower extruded rail than the first seal.
Per claim 22, Leist et al further shows the second seal is further from the exterior facing side of the lower extruded rail than the first seal, and the second seal is closer to the exterior facing side of the lower extruded rail than the third seal.
Per claim 23, Leist et al further shows the first surface of the exterior facing side of the upper extruded rail is parallel to the second surface of the exterior facing side of the upper extruded rail, and the portion of the exterior facing side of the upper extruded rail includes an extension positioned on an exterior side of the door, the extension configured to make contact with the lower extruded rail to form the first seal (see figures 1, 3 for the surfaces).
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) 14-15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leist et al(5129441).
Leist et al shows all the claimed structural limitations. the claimed method steps would have been the obvious method steps of manufacturing the overhead door with Leist et al’s structures.
Claims 16, 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.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: per claim 16, prior art does not provide sufficient motivation to modify Leist et al (5129441) to show the step of coupling a spacer to the lip of the extruded rail before the step of disposing the first sealing member in combination with other claimed method steps.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-16, 18-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different door seals.
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.
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/PHI D A/Primary Examiner, Art Unit 3633
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