DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 05/29/2026.
Claims 1, 5-20, 22-25, and 27-29 are currently pending and have been examined below. Claims 2-4, 21, and 26 have been cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/26/2026 has been entered.
Claim Interpretation
In lines 2-3 of claim 1, “the door blade being movable between a closed position and an opened position within said side frame” was brought to applicant’s attention as line 1 of claim 1 recites an intended use language which does not positively recite the door blade and side frame. For the purpose of examination and clarity of the rejection, the door blade and the side frame was interpreted as not positively recited in at least claim 1. This interpretation is also applied in the other independent claims.
Claim Objections
Claim 5 is objected to because:
In line 17 of claim 5, “the one or more flaps” is objected because the claim only recites one flap. Note that the ‘or more’ recites that the option of more than one flap, therefore the claim needs to be corrected accordingly.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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.
Claims 1 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otsuka et al. (US 20100242392) (hereinafter “Otsuka”).
Claim 1
(Otsuka discloses) A side sealing (figure 3) adapted to seal between a door blade and a side frame in an overhead door system (intended use; the seal in figure 3 can be used as a seal in an overhead door system), the door blade being movable between a closed position and an opened position within said side frame (intended use; being able to be opened and closed is an inherent feature of a door),
the side sealing comprising:
a profile element (figure 3) comprising an attachment portion (Annotated figure 3 below) adapted to be attached to the side frame via a clamping member (21, 22, 23) and first and second flaps (28 and 30) adapted to come into sealing contact with the door blade (intended use; this is true when the sealing is attached in an overhead system), wherein the profile element is made of a flexible material (Otuska is silent on the composition of the seal in figure 3; however the sealing of other embodiments of Otsuka is made of a flexible material – i.e., rubber; pars. 36-40; it is also known in the sealing technology to make the profile element to be flexible), wherein the clamping member comprises first and second clamping flanges (21 and 22) and an interconnecting part (23), wherein the interconnecting part is joined with the first flange at an edge of the first flange (Annotated figure 3 below), wherein the interconnecting part is joined with the second flange at an edge of the second flange (Annotated figure 3 below) and
wherein the first flap extends from a surface of the first flange at a first distance from the edge of the first flange along the surface of the first flange (Annotated figure 3 below), wherein the second flap extends from a surface of the second flange at a second distance from the edge of the second flange along the surface of the second flange (Annotated figure 3 below), and wherein the first and second distances define first and second offset portions between each of the first and second flaps and the respective edge (Annotated figure 3 below), and wherein the flaps are adapted to flex relative to the attachment portion to engage the door blade to seal against said door blade (intended use; figure 3).
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Annotated figure 3
Claim 5
(Otsuka discloses) A side sealing (figure 3) adapted to seal between a door blade and a side frame in an overhead door system (intended use; the seal in figure 3 can be used as a seal in an overhead door system), the door blade being movable between a closed position and an opened position within said side frame (intended use; being able to be opened and closed is an inherent feature of a door),
the side sealing comprising:
a profile element (figure 3) comprising an attachment portion (Annotated figure 3 above) adapted to be attached to the side frame via a clamping member (21, 22, 23) and a flap (28 or 30) extending from the attachment portion and adapted to flex relative to the attachment portion (figure 3), wherein the clamping member comprises first and second clamping flanges (21 and 22) and an interconnecting part (23), wherein the interconnecting part is joined with the first flange at an edge of the first flange (Annotated figure 3 above), wherein the interconnecting part is joined with the second flange at an edge of the second flange (Annotated figure 3 above),
wherein the flap extends from a surface of the first or the second flange (Annotated figure 3 above) at a distance from the edge of the first flange or the edge of the second flange along the surface of the respective first or second flange (Annotated figure 3 above), where the distance defines an offset portion between the flap and the respective edge (Annotated figure 3 above), wherein, in an unrolled configuration (configuration in figure 3), the profile element extends along a longitudinal axis (axis towards the page as viewed in figure 3), wherein the profile element is made of a flexible material (Otuska is silent on the composition of the seal in figure 3; however the sealing of other embodiments of Otsuka is made of a flexible material – i.e., rubber; pars. 36-40; it is also known in the sealing technology to make the profile element to be flexible), wherein, in the unrolled configuration, the flap flexes away from the attachment portion and are adapted to come into sealing contact with the door blade (intended use; figure 3), and in a rolled configuration (the inherent flexibility of the seal in figure 3 allows it to be rolled to form a roll), the one or more flaps flex toward the clamping member, wherein in the rolled configuration the profile element is rollable about an axis extending orthogonal to the longitudinal axis to form a roll (intended use; figure 3).
Claim 6
(Otsuka discloses) The side sealing according to claim 1, wherein the flexible material comprises any one of natural rubber, isoprene rubber, styrene-butadiene rubber, ethylene propylene diene monomer, nitrile rubber, butyl rubber and chloroprene rubber (pars. 36-40 and 111).
Claim 7
(Otsuka discloses) The side sealing according to claim 1, wherein the profile element is formed by extrusion (par. 111).
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 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka, as applied to claims 1 and 5-7 above, in further view of Emringer et al. (FR 2633361) (hereinafter “Emringer”).
Claims 8-13
(Otsuka discloses) The side sealing according to claim 1.
Otsuka fails to disclose:
(i) further comprising an adhesive provided on the attachment portion for adhesion of the profile element to the side frame or the door blade;
(ii) wherein the adhesive is adapted to provide a releasable adhesion of the profile element to the side frame or the door blade;
(iii) wherein the adhesive is provided as a strip extending along the profile element;
(iv) wherein the adhesive is a hot melt sealant;
(v) wherein the adhesive is a butyl sealant;
(vi) wherein the adhesive is arranged to extend in a clamping engagement between the attachment portion and the side frame or the door blade when the side sealing is attached to said side frame or door blade. (claims 8-13).
However, Emringer teaches:
(i) A side sealing (Emringer figures 2-3), further comprising an adhesive (11) provided on an attachment portion (the clamping portion of the sealing) for adhesion of a profile element to a side frame (13; Emringer figure 3) or a door blade;
(ii) wherein the adhesive is adapted to provide a releasable adhesion of the profile element to the side frame or the door blade (Emringer figures 2-3);
(iii) wherein the adhesive is provided as a strip extending along the profile element (Emringer figures 2-3);
(iv) wherein the adhesive is a hot melt sealant (Excerpt 1 from page 3 below);
(v) wherein the adhesive is a butyl sealant (Excerpt 1 from page 3 below);
(vi) wherein the adhesive is arranged to extend in a clamping engagement (the upside-down U shaped clamping arrangement in Emringer figure 3) between the attachment portion and the side frame or the door blade when the side sealing is attached to said side frame or door blade (Emringer figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the clamping arrangement of the side sealing of Otsuka with the adhesive of Emringer for fixing and improving the stability of the position of the seal.
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Excerpt 1
Claims 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka, as applied to claims 1 and 5-7 above, in further view of Francis et al. (EP 0384626) (hereinafter “Francis”).
Claim 14
(Otsuka discloses) A side sealing comprising one or more of the side sealings according to claim 1 (see rejection in claim 1 above).
Otsuka fails to disclose a side sealing kit comprising a container, the container being adapted to contain said one or more side sealings.
(However, Francis teaches) A side sealing kit (Francis figure 4) comprising one or more of the side sealings (44) and a container (50), the container being adapted to contain said one or more side sealings (Francis figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to manufacture the side sealing of Otsuka as a kit as taught by the side sealing of Francis for improving the distribution of the side sealing while also allowing it to be portable and bought separately by customers without requiring to replace the entire frame or door blade.
Claim 15
(Otsuka, as modified above, discloses) The side sealing kit according to claim 14, wherein, in an unrolled configuration (configuration in figure 3), the profile element extends along a longitudinal axis (axis towards the page as viewed in figure 3), wherein in the unrolled configuration, the first and second flaps flex away from the attachment portion and are adapted to come into sealing contact with the door blade (intended use; this is will be inherent once the side sealing is installed), and wherein, in a rolled configuration (in a rolled configuration inside the container), the two flaps flex toward the clamping member to enable the profile element to be rolled up about an axis extending orthogonal to the longitudinal axis to form a roll (this is inevitably taught via the combination above).
Claim 16
(Otsuka, as modified above, discloses) The side sealing kit according to claim 15, wherein the container is adapted to contain said roll (this is inevitably taught via the combination above).
Claim 17
(Otsuka, as modified above, discloses) The side sealing kit according to claim 14.
Modified Otsuka fails to disclose wherein the one or more side sealings comprise at least two side sealings, and wherein the container is adapted to contain said at least two side sealings.
Examiner draws the attention to the fact that the courts have held that “Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced” In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to duplicate the single side sealing of modified Otsuka for the expected and predictable benefits of providing additional side sealing for the other side of the side frame or door blade.
Claim 18
(Otsuka, as modified above, discloses) The side sealing kit according to according to claim 16, wherein the roll is adapted to be cut to form said one or more side sealings (intended use; the side sealing of modified Otsuka can be cut to form plurality of seals).
Claim 19
(Otsuka, as modified above, discloses) The side sealing kit according to claim 16.
Modified Otsuka is silent regarding wherein the roll has a length of between 6 and 14 meters.
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 roll with a length of between 6 and 14 meters for providing an ideal length to cover the side frame and/or door blade.
Claims 20 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka in view of Stroup (US 2827114).
Claim 20
(Otsuka teaches) One or more of the side sealings (Otsuka figure 3) according to claim 1 (see rejection in claim 1 above).
However, Otsuka does not teach an overhead door system.
(Stroup discloses) An overhead door system (figures 1-7) comprising one or more of the side sealings (29), wherein each of said one or more side sealings is provided along a vertical side of a door opening (door opening of the overhead door in figure 6) when the door blade is in the closed position to seal between the side frame and the door blade (figure 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the side sealing of Otsuka in various applications outside of the vehicle body as taught by the side sealing of Stroup for improving its marketability and allowing the side sealing of Otsuka to be applied to different industries without requiring to significantly change its design.
Claim 22
(Stroup discloses) The overhead door system according to claim 20, wherein the side frame comprises a pair of vertical tracks (18; figures 1-7; only shows half of the door, but overhead doors inherently have a pair of tracks on both ends of the door) and a pair of horizontal tracks (20), connected by a pair of connecting track portions (21).
Claim 23
(Stroup discloses) The overhead door system according to claim 20, wherein the one or more of the side sealings comprise first and second side sealings (one on each end of the garage door), wherein the vertical side of the door opening comprises a first vertical side and a second vertical side of the door opening (as noted above, overhead doors inherently have a pair of tracks on both ends of the door in order to allow the door to move properly, therefore the vertical side also inherently have a first and second vertical sides), wherein the first and second side sealings are provided along the respective first and second vertical sides to seal between the side frame and the door blade when the door blade is in the closed position (this is inevitable via the combination above).
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Otuska in view of Stroup.
Claim 24
(Otsuka discloses) A method for providing a side sealing (figure 3) adapted to seal between a door blade and a side frame in an overhead door system (intended use; the seal in figure 3 can be used as a seal in an overhead door system), the door blade being movable between a closed position and an opened position within said side frame (intended use; being able to be opened and closed is an inherent feature of a door), the method comprising:
providing a profile element (figure 3) of the side sealing made from a flexible material (Otuska is silent on the composition of the seal in figure 3; however the sealing of other embodiments of Otsuka is made of a flexible material – i.e., rubber; pars. 36-40; it is also known in the sealing technology to make the profile element to be flexible), wherein the profile element comprises an attachment portion (Annotated figure 3 above) adapted to be attached to the side frame via a clamping engagement (21, 22, 23) and first and second flaps (28 and 30) adapted to engage the door blade to seal against said door blade, wherein the clamping member comprises first and second clamping flanges (21 and 22) and an interconnecting part (23), wherein the interconnecting part is joined with the first flange at an edge of the first flange (Annotated figure 3 above), wherein the interconnecting part is joined with the second flange at an edge of the second flange (Annotated figure 3 above) and
wherein the first flap extends from a surface of the first flange at a first distance from the edge of the first flange along the surface of the first flange (Annotated figure 3 above), wherein the second flap extends from a surface of the second flange at a second distance from the edge of the second flange along the surface of the second flange (Annotated figure 3 above), wherein the first and second distances define first and second offset portions between each of the first and second flaps and the respective edge (Annotated figure 3 above), and wherein the profile element extends along a longitudinal axis in an unrolled configuration (longitudinal axis viewed towards the page in figure 3), and wherein in a rolled configuration the profile element is rollable about an axis extending orthogonal to the longitudinal axis to form a roll (the inherent flexibility of the seal in figure 3 allows it to be rolled at an axis orthogonal to the longitudinal axis); and
rolling said profile element about the axis orthogonal to the longitudinal axis to form at least a part of the roll (as noted above, the inherent flexibility of the seal allows it to form the part of the roll).
The seal of Otsuka is installed to a vehicle body and the vehicle body configuration fails to disclose wherein, in an unrolled configuration the two flaps come into sealing contact with the door blade in the closed position.
(However, Stroup teaches) A side sealing (29; Stroup figures 1 and 5-7) wherein, in an unrolled configuration a flap (301) come into sealing contact with a door blade (8) in a closed position.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the side sealing of Otsuka in various applications outside of the vehicle body as taught by the side sealing of Stroup for improving its marketability and allowing the side sealing of Otsuka to be applied to different industries without requiring to significantly change its design.
(Otsuka, as modified above, teaches) wherein, in an unrolled configuration the two flaps come into sealing contact with the door blade in the closed position (this is true since the side sealing is applied to both ends of the door blade therefore each of the two flaps will come into contact to the side of the door blade based on the orientation of the installation of the side sealing).
Claim 25
(Otsuka, as modified above, teaches) The method according to claim 24, further comprising extruding the profile element (par. 112).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Otuska in view of Stroup, as applied to claims 24-25 above, in further view of Emringer.
Claim 27
(Otsuka, as modified above, teaches) The method according to claim 24.
Modified Otsuka fails to disclose further comprising applying an adhesive on the attachment portion for adhesion of the profile element to the side frame.
(However, Emringer teaches) A side sealing (seal in Emringer figures 2-3) further comprising applying an adhesive (11) on an attachment portion (3a and 3b) for adhesion of a profile element to a side frame (13).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the side sealing of modified Otsuka with the adhesion of Emringer for fixing and improving the stability of the position of the seal.
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Otuska in view of Stroup, as applied to claims 24-25 above, in further view of Francis.
Claims 28 and 29
(Otsuka, as modified above, teaches) The method according to claim 24.
Modified Otsuka fails to disclose
(i) cutting the roll to form the side sealing;
(ii) providing a container and positioning the roll in said container. (claims 28 and 29).
(However, Francis teaches) A sealing (44; Emringer figures 4-5) comprising cutting a roll to form the side sealing (as it is being dispensed from the container 50);
providing a container (50) and positioning the roll in said container (Emringer figures 4-5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to manufacture the side sealing of modified Otsuka as a kit as taught by the side sealing of Francis for improving the distribution of the side sealing while also allowing it to be portable and bought separately by customers without requiring to replace the entire frame or door blade.
Response to Arguments
Applicant’s amendments directed to the claim objections have been considered and some of the objections have been withdrawn.
Applicant’s arguments filed on 05/29/2026 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/CATHERINE A KELLY/Primary Examiner, Art Unit 3619
