DETAILED ACTION
This final Office action is in response to the claims filed on December 22, 2025.
Status of claims: claims 1-4, 6, 7, 10-14, 16 and 17 are cancelled; claims 5, 8, 9, 15 and 18-20 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 15 and 18-20 are objected to because of the following informalities:
Claim 15, line 30 – shouldn’t “the retractable bold” be amended to “their retractable bolt”
Claim 18, line 3 – shouldn’t “the retractable bold” be amended to “their retractable bolt”
Claim 19, line 3 – shouldn’t “the retractable bold” be amended to “their retractable bolt”
Claim 20, line 3 – shouldn’t “the retractable bold” be amended to “their retractable bolt”
Appropriate correction is required.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over
US 20100012280 to Hans et al. (hereinafter “Hans”) in view of US 3246684 to Rudnick in view of US 9234376 to Trulaske, Sr. in view of US 3672424 to Brown in view of US 20210396057 to Spork in view of US 3085298 to Metzger.
Hans discloses a frame and flexible sheet system for an opening to a space, comprising:
a top lineal track body 42 (see FIG. 1) with a side that faces a space;
a bottom lineal track body 44 (see FIG. 1)
a first assembly component and a second assembly component, (see Fig. 13c; each assembly component is on a side within the frame) wherein each assembly component comprises:
an articulating frame segment pair; (see annotated figure below)
an engagement and rolling component 96 (see FIG. 7a and [0082]) for a first top corner of the articulating frame segment pair, configured to roll within the top lineal track body, and whereby the articulating frame segment pair hangs; and
an engagement and pivoting component 50 for a second top corner of the articulating frame segment pair configured to be set in place to fix a pivot axis for the articulating frame segment pair;
a swinging fame segment (see annotated figure below) engaged via a hinge to the articulating frame segment pair of the first assembly component or the second assembly component, the swinging frame segment configured as a door;
wherein the articulating frame segment pair of each assembly component comprises a first frame segment comprising the first top corner, and wherein the first top corner hangs from the engagement and rolling component; (see annotated figure below)
wherein the articulating frame segment pair of each assembly component comprises a second frame segment comprising the second top corner, and wherein the second frame segment hangs from the engagement and pivoting component. (see annotated figure below)
Hans fails to disclose
an engagement and pivoting component for a second top corner of the articulating frame segment pair, configured to be supported by a bottom side of the top lineal track body, and configured to be set in place to fix a pivot axis for the articulating frame segment pair; and
a bottom lineal track insert, configured to be received by the bottom lineal track body, and configured to anchor a bottom corner of the articulating frame segment pair to the bottom lineal track body and to set the pivot axis.
Rudnick teaches of
an engagement and pivoting component 33,34,36-39 (see FIG. 1 and 4) for a second top corner of a panel, configured to be supported by a bottom side of the top lineal track body 28, and configured to be set in place to fix a pivot axis for the panel; and
a bottom lineal track insert 46-48, configured to be received by a bottom slot body, and configured to anchor a bottom corner of the panel to the bottom slot body.
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 replace the engagement and pivoting component of Hans and add a bottom lineal track insert to Hans, as taught by Rudnick with a reasonable expectation of success for aesthetic reasons by providing a more seamless and flush appearance at the connection between the articulating frame segment pair and frame jamb, to facilitate engagement and disengagement of the articulating frame segment pair with the top lineal track body and bottom lineal track body, and since it has been held that substituting equivalents known for the same purpose would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention. (see MPEP 2144.06 II)
Furthermore, by combining the teachings of Rudnick in view of Hans, Has, as applied above, further discloses
wherein the bottom lineal track body defines a track groove, wherein the track groove is on a top side of the bottom lineal track body, (see Fig. 6 of Hans) and wherein the bottom lineal track insert is configured to be received by the track groove to set the pivot axis of the articulating frame segment pair of each assembly component; (see FIG. 4 of Rudnick) and
wherein the bottom corner comprises a bolt mechanism with a retractable bolt 49, and wherein the retractable bolt is configured to be received by the bottom lineal track insert to set the pivot axis. (see FIG. 4 and col. 3 of Rudnick)
Hans fails to disclose a top weather-stripping lineal attached to a first side of the top lineal track body.
Trulaske, Sr. teaches of a top weather-stripping lineal 44, 36 attached to a first side of a top lineal track body 48. (see FIG. 3)
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 combine the top lineal track body disclosed in Hans with the top weather-stripping lineal taught in Trulaske, Sr. with a reasonable expectation of success in order to prevent dirt and debris from passing around and over the assembly component.
Hans fails to disclose a bottom weather-stripping lineal for each frame segment of each assembly component.
Brown teaches of a bottom weather-stripping lineal 11 attached to a frame segment 1 of the assembly component. (see FIGS. 1 and 3).
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 combine each frame segment of the assembly component disclosed in Hans with a bottom weather-stripping lineal taught in Brown with a reasonable expectation of success in order to prevent dirt and debris from passing around and below the assembly component.
Hans fails to disclose the hinge engaging the swinging frame segment to the articulating frame segment pair is a butt hinge.
Spork teaches of a butt hinge 13 between a first frame segment and a second frame segment. (see FIG. 2)
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 hinge disclosed in Hans with the butt hinge taught in Spork with a reasonable expectation of success in order to facilitate assembly and movement of the articulating frame segment pair as well as since it has been held that substituting equivalents known for the same purpose would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention.
Although Hans discloses a glass panel 14 for each frame segment and notes that, besides glass, “other transparent or translucent materials may also be used, including but not limited to, acrylic and vinyl,” (see [0062] of Hans) Hans fails to disclose wherein each frame segment of each assembly component comprises a replaceable flexible sheet or panel, and wherein each frame segment of each assembly component further comprises a spline groove and a removable spline, the spline groove configured to receive the removable spline for holding a portion of the replaceable flexible sheet.
Metzger teaches of a frame segment 9 comprising a replaceable flexible sheet or panel 16, and wherein the frame segment further comprises a spline groove 15 and a removable spline 17, the spline groove configured to receive the removable spline for holding a portion of the replaceable flexible sheet. (see FIGS. 1 and 4)
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 each Hans frame segment with the flexible sheet, spline groove and removable spline, as taught in Metzger with a reasonable expectation of success in order to allow for air to pass through the frame and flexible sheet system; thus ventilating the spaces in front and behind the frame and flexible sheet system. (claim 5)
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hans in view of Rudnick in view of Trulaske, Sr. in view of Brown in view of Spork in view of Metzger, as applied to claim 5 above, in further view of US 3479682 to McNinch.
Hans, as applied above, fails to disclose wherein the top lineal track body defines an internal wheel track and a track groove, wherein the track groove is on the bottom side of the top lineal track body, and wherein the engagement and rolling component is configured to roll within the top lineal track body along the internal wheel track.
McNinch teaches wherein the top lineal track body (houses wheels 20 and is attached to door frame 24; see FIG. 3) defines an internal wheel track (with the wheel therein) and a track groove (between the two internal wheel tracks with element 14 passing therethrough; see FIG. 3), wherein the track groove is on the bottom side of the top lineal track body, and wherein the engagement and rolling component 10 is configured to roll within the top lineal track body along the internal wheel track. (see FIGS. 1 and 3)
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 top lineal track body disclosed in Hans with the top lineal track body taught in McNinch with a reasonable expectation of success in order to facilitate engagement of the wheels of the engagement and rolling component with the top lineal track body and to facilitate assembly of the engagement and rolling component with the top lineal track body. (claim 8)
Hans, as applied above, further discloses wherein the engagement and rolling component comprises an engagement prong 14 configured to extend through the bottom side of the top lineal track body via the track groove, and wherein the first top corner is configured to receive and securely latch (via latch 16) the engagement prong such that the first top corner hangs from the engagement and rolling component. (see FIGS. 2-4) (claim 9)
Claims 15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hans in view of Trulaske, Sr. in view of Brown in view of McNinch in view of US 20160194068 to Savian et al. (hereinafter “Savian”) in view of Metzger.
Hans discloses a frame and flexible sheet system, comprising:
a top lineal track body 42 (see FIG. 1) facing a space;
a bottom lineal track body 44 (see Fig. 1) defining a bottom track groove;
a first assembly component, (see annotated figure below) comprising:
a first side, articulating frame segment pair;
a swinging frame segment; (see annotated figure below) and
a second assembly component, (see annotated figure below) comprising:
a second side, articulating frame segment pair;
wherein each articulating frame segment pair of each assembly component comprises:
a first frame segment (see annotated figure below) comprising:
an engagement mechanism 50 for facilitating a pivot between the top lineal track body and the first frame segment; and
a second frame segment comprising:
a wheel track engagement mechanism 96 for engaging the second frame segment to the wheel track of the top lineal track body;
and wherein the frame and the flexile sheet system further comprises at least one swinging frame segment configured as a door. (see annotated figure below)
[AltContent: textbox (Second assembly component)][AltContent: textbox (First assembly component)][AltContent: ]
[AltContent: arrow][AltContent: textbox (First frame segment)][AltContent: arrow][AltContent: textbox (Swinging frame segment)][AltContent: arrow][AltContent: ]
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Hans fails to disclose a top weather-stripping lineal attached to the top lineal track body.
Trulaske, Sr. teaches of a top weather-stripping lineal 44, 36 attached to a first side of the top lineal track body 48, the first side facing a space. (see FIG. 3)
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 combine the top lineal track body disclosed in Hans with the top weather-stripping lineal taught in Trulaske, Sr. with a reasonable expectation of success in order to prevent dirt and debris from passing around and over the assembly component.
Hans fails to disclose each assembly component comprises a bottom weather-stripping lineal for each frame segment.
Brown teaches of a bottom weather-stripping lineal 11 attached to a frame segment 1 of the assembly component. (see FIGS. 1 and 3).
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 combine each frame segment of each assembly component disclosed in Hans with a bottom weather-stripping lineal, as taught in Brown, with a reasonable expectation of success in order to prevent dirt and debris from passing around and below the assembly component.
Hans fails to disclose the top lineal track body defining a wheel track and a top track groove.
McNinch teaches of a top lineal track body defining a wheel track and a top track groove (between the wheels 20). (see FIG. 3)
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 top lineal track body disclosed in Hans with the top lineal track body taught in McNinch with a reasonable expectation of success in order to facilitate engagement of the wheels of the engagement and rolling component with the top lineal track body and to facilitate assembly of the wheel track engagement mechanism with the top lineal track body.
Hans, as applied above, fails to disclose
wherein, each articulating frame segment pair comprises:
a first frame segment comprising:
three side bolt mechanisms each with a retractable bolt;
a second frame segment comprising:
a side bolt mechanism with retractable bolt; and
wherein, each bolt mechanism is configured to engage with the top track groove or the bottom track groove, via the retractable bolt.
Savian teaches of side bolt mechanisms 28,30 with a retractable bolt 80 on a corner of a frame segment 18 configured to engage an upper track groove and bottom track groove. (see FIG. 7)
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 include three side bolt mechanisms at corners of each first frame segment of Hans wherein two side bolt mechanisms of the three side bolt mechanisms of the first frame segment are configured to engage with the bottom track groove, via the retractable bolt, wherein one side bolt mechanism of the three side bolt mechanisms of the first frame segment are configured to engage with the top track groove, via the retractable bolt and a side bolt mechanism on each second frame segment disclosed in Hans wherein the side bolt mechanism of the second frame segment is configured to engage with the bottom track groove, via the retractable bolt, as taught by Savian, with a reasonable expectation of success in order to allow for latching and securing the first frame segment and second frame segment each in a closed position.
Although Hans discloses a glass panel 14 for each frame segment and notes that, besides glass, “other transparent or translucent materials may also be used, including but not limited to, acrylic and vinyl,” (see [0062] of Hans) Hans fails to disclose wherein each frame segment of each assembly component comprises a replaceable flexible sheet or panel, and wherein each frame segment of each assembly component further comprises a spline groove and a removable spline, the spline groove configured to receive the removable spline for holding a portion of the replaceable flexible sheet.
Metzger teaches of a frame segment 9 comprising a replaceable flexible sheet or panel 16, and wherein the frame segment further comprises a spline groove 15 and a removable spline 17, the spline groove configured to receive the removable spline for holding a portion of the replaceable flexible sheet. (see FIGS. 1 and 4)
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 each Hans frame segment with the flexible sheet, spline groove and removable spline, as taught in Metzger with a reasonable expectation of success in order to allow for air to pass through the frame and flexible sheet system; thus ventilating the spaces in front and behind the frame and flexible sheet system. (claim 15)
Hans, as applied above, further discloses wherein two side bolt mechanisms of the three side bolt mechanisms of the first frame segment are configured to engage with the bottom track groove via the retractable bolt. (see FIG. 7 of Savian and FIG. 13c of Hans) (claim 18)
Hans, as applied above, further discloses wherein one side bolt mechanism of the three side bolt mechanisms of the first frame segment are configured to engage with the top track groove via the retractable bolt. (see FIG. 7 of Savian and FIG. 13c of Hans) (claim 19)
Hans, as applied above, further discloses wherein the side bolt mechanism of the second frame segment is configured to engage with the bottom track groove via the retractable bolt. (see FIG. 7 of Savian and FIG. 13c of Hans) (claim 20)
Response to Arguments
Applicant's arguments filed December 22, 2025 have been fully considered but they are not persuasive.
On page 8 of the applicant’s response filed December 22, 2025, the applicant emphasizes, in bold, the number of references cited in the rejection of claims 5 and 15.
However, it should be noted that reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
On page 9 of the applicant’s response filed December 22, 2025, the applicant contends the prior art of record fails to disclose:
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However, applicant's arguments are moot due to the new grounds of rejection.
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.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634