DETAILED ACTION
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 .
Response to Amendment
The amendment filed 01-20-2026 has been entered.
Claims 1-4 and 6-23 are pending.
The terminal disclaimers filed 01-20-2026 respecting U.S. Patent No. 10,633,902 and U.S. Patent No. 11,091,947 have been approved.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 and 6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding currently amended claim 1, line 6, the original disclosure not recite or support “weather temperature-induced” changes in fluid pressure. The original disclosure supports changes in fluid pressure in response to “ambient temperature changes” (e.g. see original claim 2).
Claims 2-4 and 6 are also rejected under 35 U.S.C. 112(a) they depend from a rejected claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6, and 13-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is unclear how the “weather” cooperates with the closer to affect the fluid pressure in the fluid compartment as recited in claim 1, line 6.
It is unclear if the “ambient temperature changes” recited in claim 2, line 2, are referencing and/or include the “weather temperature-induced changes” previously recited in claim 1, line 6.
Claims 3, 4, and 6 are also rejected under 35 U.S.C. 112(b) they depend from a rejected claim.
In claim 13, line 6, the limitation “a piston slidably mounted in the cavities” is in accurate as the piston does not slide within each of the first, second, and third cavities. The following change would receive favorable consideration: claim 13, line 6, after “in” insert --one of--.
Claims 14-16 are also rejected under 35 U.S.C. 112(b) they depend from a rejected claim.
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 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burris et al. (US#2011/0252597).
Regarding claim 1, Burris discloses a hydraulic door closer mounted between a door 82 and a door frame 84, comprising: a housing 114; a fluid compartment in the housing for holding hydraulic fluid and having a variable volume 148,150 ([0074], “…the piston 116 divides the chamber in the housing 114 into a first variable volume chamber 148 between one end of the piston 116 and the valve assembly 120 and a second variable volume chamber 150 between the other end of the piston 116 and the spring assembly 118.”); a piston 116 slidably mounted in the compartment and “adapted to move” within the compartment in response to changes in fluid pressure in the compartment ([0179], [0187]); a spring 138 in the compartment to bias the piston to a first position; and the compartment including a plurality of fluidly interconnected cavities 148 and 150 with different volumes ([0088], “…another path through the piston 116 is provided for moving fluid from the second variable volume chamber 150 to the first variable volume chamber 148 during door 82 opening.”).
Regarding article claims 1 and 2, wherein the hydraulic fluid pressure changes in response to ambient temperature changes, which temperatures are affected by the weather (e.g. humidity, sunlight, wind, etc.). See [0179], “If so, the controller, at block 2606, reads the input switches (discussed below) to determine the settings of the door closer 90, and reads the ambient temperature from an on-board temperature sensor.”). See [0187], “It cannot be overemphasized that the positions of input switches, as well as the temperature, can change in the field, while the door closer 90 is installed, and the control unit 110 can adapt to set the single rotary valve to an appropriate position for the various operating regions of the door with a door closer 90 according to an embodiment of the invention.”
Regarding claim 3, wherein the piston moves in one direction in response to increased fluid pressure thereby increasing the volume of the compartment and moves in a opposite direction in response to decreased fluid pressure thereby reducing the volume of the compartment (see [0074], reciprocal movement, “The spool-shaped piston 116 is slidably disposed within the chamber of the housing 114 for reciprocal movement relative to the housing 114.”).
Regarding claim 4, wherein the piston is "mounted" in one of the cavities 148 and 150 via its at least partially and momentarily positioning therein.
Regarding claim 6, wherein the piston moves to a second position when the fluid pressure compresses the spring ([0084], “As the door 82 is opened, the door rotates the pinion 112 and thereby advances the piston 116 linearly to the right as seen in FIGS. 6 and 7. Movement of the piston 116, in turn, compresses the springs 138 between the piston 116 and the end plug 142.”).
Allowable Subject Matter
Claims 7-12 and 17-23 are allowed.
Claims 13-16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7, 13, and 17, although Burris et al. (US#2011/0252597) can be viewed as its compartment having three cavities (first cavity: 148; second cavity: open central portion of the piston 116 which houses element 112 (Fig. 6); and third cavity: 150), Burris fails to disclose or suggest the following: the compartment including first, second, and third cavities with successively increasing diameters (claim 7); the compartment including first, second and third cavities with increasing volumes (claim 13); and the hydraulic fluid residing only on one side of the piston during operation of the door closer (claim 17).
Regarding claims 7 and 13, although Lan (US#5657511) applied to claim 1 in the previous Office action discloses the compartment 20 including a plurality of cavities (front 21, middle 22, and rear 23, see Fig. 5) with different volumes, Lan fails to disclose or suggest a spring in the compartment to bias its piston 30. Regarding claim 17, Lan fails to disclose or suggest the hydraulic fluid residing only on one side of the piston during operation of the door closer.
Regarding claim 17, and as mentioned in the previous Office action, it is noted Kondratuk (US#10370885) discloses in Fig. 14-14C a hydraulic door closer 100 mounted between a door and a door frame, comprising: a housing 120; a fluid compartment 123 in the housing for holding hydraulic fluid and having a variable volume (cylindrical section with conical end section); the hydraulic fluid pressure changing in response to ambient temperature changes (col. 3, lines 9-28; col. 5, lines 1-39); and a piston 280 slidably mounted in the compartment and adapted to move within the compartment in response to changes in the ambient temperature and resulting hydraulic fluid pressure changes in the compartment (col. 5, lines 1-39); and the hydraulic fluid residing only on one side of the piston during operation of the door closer (right side in Figs. 14-14C). Kondratuk fails to disclose or suggest the fluid compartment including first, second, and third cavities.
Response to Arguments
Regarding claim 1 and Lan (US#5657511), the applicant’s arguments are persuasive.
Regarding claim 1 and Burris et al. (US#2011/0252597), the applicant argues the following:
“In Burris, as described in paragraph 0074, the piston moves in response to rotation of the rack and pinion assembly 117, 112. The rack and pinion precludes movement of the piston in response to fluid pressure changes. In other words, if the rack and pinion is not rotating, the piston will not move. Thus, changes in fluid pressure will not rotate the rack and pinion, and thereby will not move the piston. Therefore, claim 1 distinguishes over Burris so as to be allowable, along with depending claims 4 and 6.”
While the examiner agrees the piston of Burris moves in response to rotation of the rack and pinion assembly 117, 112, the language of claim 1 is broader than the above argument. Claim 1, lines 5-6, recites, “a piston slidably mounted in the compartment and adapted to move within the compartment in response to weather temperature-induced changes in fluid pressure in the compartment.” This language does not require the changes in fluid pressure to move the piston, nor does it limit movement of the piston solely to changes in fluid pressure.
In addition to the rotation of the rack and pinion assembly of Burris moving the piston, the ambient (and thus weather affected) temperature is monitored and used to determine/control the movement of the piston. Per [0179] of Burris, “If so, the controller, at block 2606, reads the input switches (discussed below) to determine the settings of the door closer 90, and reads the ambient temperature from an on-board temperature sensor.”. Further, per [0187], “It cannot be overemphasized that the positions of input switches, as well as the temperature, can change in the field, while the door closer 90 is installed, and the control unit 110 can adapt to set the single rotary valve to an appropriate position for the various operating regions of the door with a door closer 90 according to an embodiment of the invention.” Therefore, Burris discloses its piston is adapted to move within the compartment in response to weather temperature-induced changes in fluid pressure in the compartment.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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