DETAILED ACTION
This non-final Office action is in response to the claims filed on April 10, 2026.
Status of claims: claims 2, 3, and 17 are cancelled; claims 1, 4-16 and 18-21 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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 8-16, 18, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US 8096342 to Scruggs in view of US 5613276 to Franz.
Scruggs discloses a telescoping door system, comprising:
an adjustable pivot plate including:
a base plate 116 comprising a flat plate with a plurality of drilled holes 502; (see FIG. 5A)
a first pivot 504 disposed on a side of the base plate;
a second pivot 504 disposed on a side of the base plate; and
a third pivot (not numbered, but illustrated in FIG. 5A at a corner of the base plate 116 opposite the second pivot 504) mounted on the base plate in a second end region;
a Swing Only (SO) door panel 202; (see FIG. 2C)
an inner Swing Slide (SX) door panel 204 configured to slide in a lateral direction with respect to the SO door panel, the inner SX door panel comprising a first capture device 118a configured to interface with the first pivot; and
an outer SX door panel 206 configured to slide in the lateral direction with respect to the SO door panel and the inner SX door panel, the outer SX door panel comprising a second capture device 118b configured to interface with the second pivot, wherein the inner SX door panel and the outer SX door panel are configured to rotate about the first and second pivots, respectively during a breakout procedure.
Scruggs fails to disclose a first slotted tab comprising a first slot mounted on the base plate with a first screw in a central region, the first slotted tab configured to be linearly adjustable in a first direction; the first pivot disposed on a distal end of the first slotted tab; a second slotted tab comprising a second slot mounted on the base plate with a second screw in a first end region, the second slotted tab configure to be linearly adjustable in the first direction; the second pivot disposed on a distal end of the second slotted tab;
wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot or wherein a longitudinal axis of the second slot is collinear with a line passing through the second pivot.
Franz teaches of a slotted tab 160 comprising a first slot 232 (see FIGS. 5, 7 and 8 and col. 3) mounted on a base member with a first screw (not shown; see col. 3) in a central region, the slotted tab configured to be linearly adjustable in a first direction (note the elongated slots 232,230 in FIG. 7 allow for linear adjustment) and wherein a first pivot 150 is disposed on a distal end of the first slotted tab, and wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot. (see FIG. 7 below)
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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 base plate of Scruggs with a slotted tab below each pivot, as taught by Franz, with a reasonable expectation of success in order to allow for horizontal adjustments of the SX door panels. (claim 1)
Scruggs, applied above, further discloses wherein the SO door panel is configured to be mounted on the third pivot such that the SO door panel is rotatable around the third pivot during the breakout procedure (not numbered, but illustrated in FIG. 5A at a corner of the base plate 116 opposite the second pivot 504), (claim 8) wherein the third pivot is mounted within a bottom rail of the SO door panel. (see FIG. 2C) (claim 9) and wherein the first capture device is mounted within a bottom rail of the inner SX door panel, wherein the second capture device is mounted within a bottom rail of the outer SX door panel. (see FIG. 6C and 1B; note the capture devices 118 in the doors are located at least partially within the lower rail of each door panel) (claim 10)
Scruggs discloses an adjustable pivot plate for a telescoping door system, comprising:
a base plate 116 comprising a flat plate with a plurality of drilled holes 502;
a first pivot 504 disposed on a side of the base plate;
a second pivot 504 disposed on a side of the base plate; (see FIG. 5A) and
a third pivot (not numbered but on the upper left corner of plate 116 in FIG. 5A) mounted on the base plate in a second end region.
Scruggs fails to disclose a first slotted tab comprising a first slot and mounted on the base plate in a central region, the first slotted tab configured to be linearly adjustable in a first direction; a first screw configured to pass through the first slot of the first slotted tab to mount the first slotted tab on the base plate; the first pivot disposed on a distal end of the first slotted tab; a second slotted tab comprising a second slot and mounted on the base plate in a first end region, the second slotted tab configure to be linearly adjustable in the first direction; a second screw configured to pass through the second slot of the second slotted tab to mount the second slotted tab on the base plate; the second pivot disposed on a distal end of the second slotted tab, and
wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot or wherein a longitudinal axis of the second slot is collinear with a line passing through the second pivot.
Franz teaches of a slotted tab 160 comprising a first slot 232 (see FIGS. 5, 7, 8 and col. 3) mounted on a base member in a central region, (see col. 3) the first slotted tab configured to be linearly adjustable in a first direction (note the elongated slots 230,232 allow for linear adjustment; see FIG. 7) a first screw (not illustrated; see col. 3) configured to pass through the first slot of the first slotted tab to mount the first slotted tab on the base plate; and wherein a first pivot 150 is disposed on a distal end of the first slotted tab, and wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot (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 modify the base plate of Scruggs with a slotted tab below each pivot, as taught by Franz, with a reasonable expectation of success in order to allow for horizontal adjustments of the SX door panels.
Furthermore, by combining the teachings of Franz with Scruggs, Scruggs, as applied above, discloses a first slotted tab comprising a first slot and mounted on the base plate in a central region, the first slotted tab configured to be linearly adjustable in a first direction; a first screw configured to pass through the first slot of the first slotted tab to mount the first slotted tab on the base plate; the first pivot disposed on a distal end of the first slotted tab; a second slotted tab comprising a second slot and mounted on the base plate in a first end region, the second slotted tab configure to be linearly adjustable in the first direction; a second screw configured to pass through the second slot of the second slotted tab to mount the second slotted tab on the base plate; the second pivot disposed on a distal end of the second slotted tab, and
wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot or wherein a longitudinal axis of the second slot is collinear with a line passing through the second pivot. (claim 11)
Scruggs, as applied above, further discloses a first capture device 118a configured to interface with the first pivot; and a second capture device 118b configured to interface with the second pivot, (see FIG. 6C and 5A) (claim 12) wherein the first capture device is configured to be mounted within an inner Swing Slide (SX) door panel, wherein the second capture device is configured to be mounted within an outer SX door panel, (see FIGS. 6C and 1B) (claim 13) and wherein the inner SX door panel and the outer SX door panel are configured to rotate about the first and second pivots, respectively during a breakout procedure of the telescoping door system. (see FIG. 5A) (claim 14)
Scruggs, as applied above, further discloses wherein the third pivot (see FIG. 5A) is configured to be mounted to a Swing Only (SO) door panel, (claim 15) wherein the SO door panel is configured to rotate about the third pivot during a breakout procedure of the telescoping door system. (see Fig. 4B) (claim 16)
Scruggs discloses a method for using an adjustable pivot plate with a telescoping door system, comprising:
providing a Swing Only (SO) door panel 202, an inner Swing Slide (SX) door panel 204, and an outer SX door panel 206; (see FIG. 2C)
providing the adjustable pivot plate comprising a base plate 116 comprising a flat plate with a plurality of drilled holes 502, a first pivot 504 disposed on a side of the base plate, a second pivot 504 disposed on a side of the base plate, and a third pivot mounted on the base plate in a second end region; (see FIG. 5A)
mounting a first capture device 118a in the inner SX door panel and a second capture device in 118b the outer SX door panel;
attaching the SO door panel to the third pivot; (see FIG. 2c)
placing the inner SX door panel and outer SX door panel in an open configuration such that the first capture deice and the first pivot and the second capture device interfaces with the second pivot; and
rotating the inner SX door panel, the outer SX door panel, and the SO door panel about the first, second, and third pivots, respectively in a breakout procedure.
Scruggs fails to disclose a first slotted tab comprising a first slot mounted on the base plate with a screw in a central region and configured to be linearly adjustable in a first direction; the first pivot disposed on a distal end of the first slotted tab; a second slotted tab comprising a second slot and mounted on the base plate with a second screw in a first end region and configured to be linearly adjustable in the first direction; the second pivot disposed on a distal end of the second slotted tab;
wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot or wherein a longitudinal axis of the second slot is collinear with a line passing through the second pivot.
Franz teaches of a slotted tab 160 comprising a first slot 232 (see FIGS. 5, 7 and 8 and col. 3) mounted on a base member in a central region and configured to be linearly adjustable in a first direction; a first pivot 150 disposed on a distal end of the slotted tab (see FIG. 7), and wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot. (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 modify the base plate of Scruggs with a slotted tab below each pivot, as taught by Franz, with a reasonable expectation of success in order to allow for horizontal adjustments of the SX door panels.
Furthermore, by combining the teachings of Franz with Scruggs, Scruggs, as applied above, discloses a first slotted tab comprising a first slot mounted on the base plate with a screw in a central region and configured to be linearly adjustable in a first direction; the first pivot disposed on a distal end of the first slotted tab; a second slotted tab comprising a second slot and mounted on the base plate with a second screw in a first end region and configured to be linearly adjustable in the first direction; the second pivot disposed on a distal end of the second slotted tab;
wherein a longitudinal axis of the first slot is collinear with a line passing through the first pivot or wherein a longitudinal axis of the second slot is collinear with a line passing through the second pivot. (claim 18)
Scruggs, as applied above, further discloses wherein the first capture device is configured to prevent excessive lateral movement between the first capture device and the first pivot during the breakout procedure, wherein the second capture device is configured to prevent excessive lateral movement between the second capture device and the second pivot during the breakout procedure. (see FIG. 5A) (claim 20)
Scruggs discloses wherein the inner SX door panel further comprises a first guide (see annotated FIG. 5B below) configured to bear on the first pivot during the breakout procedure, and wherein the outer SX door panel further comprises a second guide (see annotated FIG. 5B below) configured to bear on the second pivot during the breakout procedure. Scruggs fails to disclose the first guide and second guide are formed via extrusion. However, “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production.” (See MPEP 2113 – Product by process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps). Thus, note that claim 21 does not require that the first guide and second guide are extrusions, but only that the guides are capable of being formed via extrusion. And the examiner respectfully submits that the guides are capable of being formed via extrusion. (claim 21)
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second guide)][AltContent: textbox (First guide)]
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Claims 4-7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Scruggs in view of Franz, as applied to claims 1 and 18 above, in further view of US 8756864 to Hamaker et al. (hereinafter “Hamaker”).
Scruggs, as applied above, discloses wherein the first pivot has a circular cross-sectional shape, but fails to disclose wherein the second pivot has an oblong cross-sectional shape.
Hamaker teaches of a pivot 30 that has an oblong cross-sectional shape. (see FIG. 8A)
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 shape of the second pivot disclosed in Scruggs with the oblong cross-sectional shaped pivot taught in Hamaker with a reasonable expectation of success in order to “prevent any excessive sideway, forward, or backward motion” of the outer SX door panel “thus only allowing or pivotal movement” when the second capture device is engaged with the second pivot (see col. 8 of Hamaker) as well as since it would have been an obvious matter of design choice to make the second pivot of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. (claim 4)
Scruggs, applied above, further discloses wherein the first capture device 118a is configured to prevent excessive lateral movement between the first capture device and the first pivot during a breakout procedure, (claim 5) wherein the second capture device 118b is configured to prevent excessive lateral movement between the second capture device and the second pivot during a breakout procedure, (claim 6) and wherein the second capture device is configured to contact outer walls of the second pivot during a breakout procedure. (claim 7)
Note: it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. In other words, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Scruggs, as applied above, discloses wherein the first pivot has a circular cross-sectional shape, but fails to disclose wherein the second pivot has an oblong cross-sectional shape.
Hamaker teaches of a pivot 30 that has an oblong cross-sectional shape. (see FIG. 8A)
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 shape of the second pivot disclosed in Scruggs with the oblong cross-sectional shaped pivot taught in Hamaker with a reasonable expectation of success in order to “prevent any excessive sideway, forward, or backward motion” of the outer SX door panel “thus only allowing or pivotal movement” when the second capture device is engaged with the second pivot (see col. 8 of Hamaker) as well as since it would have been an obvious matter of design choice to make the second pivot of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. (claim 19)
Response to Arguments
Applicant's arguments filed April 10, 2026 regarding the finality of the previous Office action mailed February 13, 2026 have been fully considered and are persuasive.
Applicant's arguments filed April 10, 2026 regarding the cited prior art have been fully considered but they are not persuasive.
On page 11 of the applicant’s response filed April 10, 2026, the applicant contends:
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The examiner respectfully disagrees. First, at least FIG. 1 illustrates the Franz pivot pin clearly “disposed on” the slotted tab 160. Second, both FIGS. 1 and 7 illustrate that the pivot pin is “disposed on a distal end” of slotted tab 160. (see annotated Fig. 7 below)
[AltContent: textbox (Distal end)][AltContent: ]
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On page 12 of the applicant’s response filed April 10, 2026, the applicant contends “Franz’s lower base member 160 is not a ‘slotted tab mounted on the base plate.” The examiner respectfully submits that the applicant is presenting arguments against the references individually. And one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
On pages 12-13 of the applicant’s response filed April 10, 2026, the applicant contends “Franz’s openings 230/232 do not provide linear adjustability.” The applicant contends:
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The examiner respectfully submits that the elongated shape of slot 232 inevitably allows for linear adjustment of the slotted tab and therefore the slotted tab is certainly capable of being “configured to be linearly adjustable” in a direction, as recited in claim 11. Just because Franz does not explicitly describe linear adjustment of the slotted tab 160 does not mean that the slotted tab 160 isn’t configured to be linearly adjustable. Rather, Franz clearly illustrates slots 232,230 that are elongated and, with fastener engagement, allow the slotted tab to be linearly adjusted.
As for the pilot hole, “accurate locating” does not equate to fastening. And “accurate locating” in what direction? Note, Franz does not state accurate locating of the slotted tab in the longitudinal direction of the slotted tab. Without further describing the functionality of the pilot hole, the presence of the pilot hole does not preclude linear adjustability of the slotted tab.
On pages 13-14 of the applicant’s response filed April 10, 2026, the applicant contests the rejection of claim 21. Applicant’s remarks are persuasive, however new grounds of rejection have been made. More specifically, the first capture device 118 and second capture device 118 are not the same as the first guide extrusion and second guide extrusion. See the rejection of claim 21 above. Note the first guide is attached to the first capture device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 7:30 -4 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
Prosecution Insights