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
Claim 15 is objected to because of the following informalities: the claim is depended on claim 14, the preamble is improper. Should it be “ A method of manufacturing….”.
The claim is examined as best understood to depend on claim 14.
Appropriate correction is required.
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) 1-3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ostrovsky et al (7866368).
Ostrovsky et al figures (3-6) shows an overhead door comprising: a first row of panels(either 45 top or bottom) including a lower extruded rail(45 bottom) extending along a lengthwise direction of the first row of panels, the lower extruded rail including a first exterior facing surface(figure 3, the surface side pointed to by part 40), a first interior facing surface(the other side), a first lower surface and a first upper surface, the respective surfaces defining a first enclosure(where part 45 sits); a second row of panels(the other of the 45 top or bottom) adjacent to the first row of panels, the second row of panels including an upper extruded rail(45 top) extending along a lengthwise direction of the second row of panels, the upper extruded rail including a second exterior facing surface(same side as first exterior surface), a second interior facing surface(to the right), a second lower surface and a second upper surface, the respective surfaces defining a second enclosure(where 45 sits); and a seal( 86) disposed between the second upper surface and the first lower surface, wherein a portion(bottommost part of 74) of the second exterior facing surface covers a recessed portion(next to and below 66) of the first exterior facing surface, and wherein the second lower surface includes one of a protrusion(66) and a recess(the cavity 66 goes into) and the first upper surface includes the other of the protrusion and the recess, the protrusion being disposed in the recess and being further from the first exterior facing surface than the seal(86).
Per claim 2, Ostrovsky et al further shows the portion of the second exterior facing surface includes an extension positioned on an exterior side of the door and is configured to make contact with the lower extruded rail to form a seal.
Per claim 3, Ostrovsky et al further shows the seal(86) is disposed within a groove defined by the upper extruded rail and is configured to form a seal between the lower and upper extruded rails.
Claim(s) 4-9, 13, 14, 16, 18-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Haba et al (2017/0247937).
Haba et al figure 7, shows an overhead door comprising: an extruded rail extending along a width direction of the overhead door between sides of the overhead door, the extruded rail being defined by an enclosed wall with a cavity therein,
the enclosed wall including a protruding portion(part 159) defining part of an interior facing surface of the enclosed wall; a pair of exterior members(374, 376) couplable onto the extruded rail proximate an exterior surface of the extruded rail; and a glazing panel(126) couplable onto the extruded rail, wherein when the glazing panel is received on the extruded rail on an exterior side of the protruding portion separate from the protruding portion, the pair of exterior members are coupled exterior to the glazing panel to secure the glazing panel to the extruded rail, the glazing panel being positioned such that the protruding portion and the glazing panel are on the same side of the extruded rail facing away from the ground when the overhead door is mounted and in a closed position.
Per claim 5, Haba et al further shows a spacer(392) configured to be coupled (indirectly) to the protruding portion and separating the protruding portion from the glazing panel.
Per claim 6, Haba et al further shows a kit for assembling the overhead door of claim 5, the kit comprising: the spacer configured to be coupled to the protruding portion, wherein the spacer is a first spacer having a first size, at least a second spacer (when spacer 294 Is used instead) having a second size different from the first size and configured to be interchangeable with the first spacer within the overhead door.
Per claim 7, Haba et al(figure 1-2 shows interchangeable panels 100) further shows the glazing panel, wherein the glazing panel is a first glazing panel having a first thickness, and at least as second glazing panel having a second thickness and configured to be interchangeable with the first glazing panel within the overhead door.
Per claim 8, Haba et al further shows the glazing panel is a first glazing panel,
wherein the extruded rail includes a lower extruded rail positioned along a bottom of the first glazing panel and an upper extruded rail positioned along a top of a second glazing panel, wherein the first glazing panel is received on the lower extruded rail, wherein the
protruding portion is a first protruding portion extending from the lower extruded rail, and
wherein the overhead door further comprises the second glazing panel received on the
upper extruded rail, the upper extruded rail including a second protruding portion which
mirrors the first protruding portion such that the second glazing panel is positioned on an exterior side of the second protruding portion(figures 2-3 shows top and bottom rails having mirroring structures).
Per claim 9, Haba et al further shows a mullion(138, 142, 140, see figures 2-3 also) extending in a direction perpendicular to the extruded rail, the mullion coupling the extruded rail to at least a second extruded rail, and wherein an intersection of the mullion and the extruded rail forms four receiving corners(as part 138 is designed to takes two panels 126 with the structure of figures 4-7, it has four corners), and wherein a first glazing panel is configured to be received by two of the four receiving corners and a second glazing panel is configured to be received by the other two of the four receiving corner(both sides of part 138, 142, 140).
Per claim 13, Haba et al further shows the extruded rail is a first extruded rail(top rail, 146) and the pair of exterior members(374, 376) is a first pair of exterior members, further comprising a second extruded rail(146, bottom) spaced apart from the first extruded rail and a second pair of exterior members(374, 376) couplable onto the second extruded rail, wherein when the glazing panel is received on the first extruded rail, the second pair of exterior members are coupled exterior to the glazing panel such that four exterior members secure the glazing panel from the exterior side.
Per claim 14, Haba et al further shows a method of manufacturing an overhead door comprising: forming a frame(160, figure 6) of the door with at least one extruded rail extending across a width of the overhead door, the extruded rail being formed monolithically and including a lip(159) protruding from a remainder of the extruded rail in a direction perpendicular to the width of the overhead door; disposing a first sealing member(280) onto the frame from an exterior side of the overhead door such that the first sealing member is limited from movement in an interior direction by the lip;
positioning a glazing panel(126) onto the frame from the exterior side of the overhead door such that an interior side of the glazing panel abuts the first sealing member; and
disposing a second sealing member(294) onto the frame from the exterior side of the
overhead door to abut an exterior side of the glazing panel, thereby securing the glazing panel to the extruded rail.
Per claim 16, Haba et al further shows coupling a spacer(150; indirectly attached) to the lip of the extruded rail before the step of disposing the first sealing
member.
Per claim 18, Haba et al further shows forming the frame includes coupling a plurality of extruded rails with a plurality of mullions(142, 138) extending in a direction perpendicular to the extruded rails and intersecting the plurality of extruded rails
to form a grid defining a plurality of sections, wherein positioning the glazing panel includes positioning a glazing panel within each section.
Per claim 19, Haba et al further shows disposing the first sealing member onto the frame includes disposing a sealing member on each of four corners defined by one of the sections (inherently so as the member as they are disclosed as mirror structure).
Per claim 20, Haba et al further shows disposing the second sealing member onto the frame includes disposing a second sealing member on each of four corners defined by one of the sections.
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) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haba et al(2017/0247937) in view of Hubbard et al (3844084).
Haba et al shows all the claimed limitations except for a reinforcing member
disposed within the cavity, the reinforcing member having a length along the width direction of the overhead door and a cross-sectional dimension extending from an exterior side of the enclosed wall to an interior side of the enclosed wall.
Hubbard et al discloses a reinforcing member (130, figure 8) disposed within the cavity, the reinforcing member having a length along the width direction of the overhead door and a cross-sectional dimension extending from an exterior side of the enclosed wall to an interior side of the enclosed wall.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Haba et al’s structure to show a reinforcing member disposed within the cavity, the reinforcing member having a length along the width direction of the overhead door and a cross-sectional dimension extending from an exterior side of the enclosed wall to an interior side of the enclosed wall as taught by Hubbard et al with a reasonable expectation of success in order to reinforce the attachment of the mullions to the rails.
Per claim 11, Haba et al as modified further shows the reinforcing member includes an elongate central body, an inner end portion(130a, inner side) extending transversely from the central body and an outer end portion(130a, the other side) extending transversely from the central body opposite the inner end portion.
Per claim 12, Haba et al as modified shows all the claimed limitations except for the inner end portion is received within a recess defined by a pair of opposing protrusion extending from the enclosed wall into the cavity such that the inner end portion is surrounded on at least a portion of each of four sides by the enclosed wall and the opposing pair of protrusions.
Hubbard figure 8, further shows the inner end portion is received within a recess defined by a pair of opposing protrusion extending from the enclosed wall into the cavity such that the inner end portion is surrounded on at least a portion of each of four sides by the enclosed wall and the opposing pair of protrusions(113 and its surrounding protrusions).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Haba et al’s modified structure to show
the inner end portion is received within a recess defined by a pair of opposing protrusion extending from the enclosed wall into the cavity such that the inner end portion is surrounded on at least a portion of each of four sides by the enclosed wall and the opposing pair of protrusions as taught by Hubbard with a reasonable expectation of success in order to securely and stably mount the reinforcement member (130) to the rails and the mullions.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haba et al(2017/0247937).
Haba et al shows all the claimed limitations except for the first sealing member includes coupling the first sealing member to a threaded slot defined by a wall of the lip.
Haba et al further shows a fastener 184 coupling the first sealing member to a slot defined by a wall of the lip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Haba et al to show the first sealing member includes coupling the first sealing member to a threaded slot defined by a wall of the lip with a reasonable expectation of success since using screw as fastener to mount into a threaded opening would enable the selective attachment/removal of the screw as needed.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haba et al(2017/0247937).
Haba et al shows all the claimed limitations including fastening a positioning fastener (the adhesive on the outside of the double sided tape 150) to the spacer and the wall of the lip.
Haba et al does not show disposing the first sealing member includes coupling the first sealing member to a threaded slot.
Haba et al further shows a fastener 184 coupling the first sealing member to a slot defined by a wall of the lip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Haba et al to show the first sealing member includes coupling the first sealing member to a threaded slot defined by a wall of the lip with a reasonable expectation of success since using screw as fastener to mount into a threaded opening would enable the selective attachment/removal of the screw as needed.
Haba et al as modified further shows the method step of disposing the first sealing member includes coupling the first sealing member to a threaded slot defined by the spacer and fastening a positioning fastener to the spacer and the wall of the lip.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different overhead panel systems.
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/PHI D A/ Primary Examiner, Art Unit 3633