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 14, 18, and 19 are objected to because of the following informalities:
Claim 14 recites “when the movable barrier system is in the closed configuration… when the movable barrier system is in the open configuration” (limitation shorted to show issue). The open and closed configurations as defined in claim 8 (from which claim 14 depends via claim 9) are configurations of the louvers, not of the movable barrier panel as a whole (i.e. the barrier panels moves open and closed separate from the open and closed configurations of the louvers).
Both claims 18 and 19 recite “a controller” and “a signal”. Claim 15, from which claims 18 and 19 depend, already recites both controller and signal. It is clear the controller is the same controller (i.e. there is only one controller). While the signals of claims 18 and 19 are different (claim 18 is from a user interface, claim 19 is from a sensor), it is clear that applicant is further defining the signal of claim 15. As such the correct antecedent for both controller and signal is “the” in both claim 18 and 19.
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.
Claim(s) 1, 2, 7-9, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US patent 5469658 to Digianni (hereinafter Digianni).
Regarding claims 1 and 8, the louver system (claim 1) for a movable barrier (claim 8) is shown in Digianni in figures 1-4 with
a movable barrier panel (10) comprising a first rail (16) and a second rail (14), the second rail (14) being disposed at a position spaced a distance apart from the first rail (16);
a first louver (lowest 22,34 in figure 2a) coupled to the second rail (14) and comprising a first slat portion (22) and a first pivot base (34) and having a first pivot axis;
a second louver (middle 22,34 in figure 2a) coupled to the second rail (14) and offset from the first louver, the second louver comprising a second slat portion (22) and a second pivot base (34) and having a second pivot axis;
a gear train (40,44) coupled to the first pivot base (34) and the second pivot base (34), the gear train (40,44) configured to simultaneously rotate the first louver (lowest 22,34) and the second louver (middle 22,34) between an open configuration and a closed configuration; and
a motor (M) carried on the first rail (16) and configured to drive the gear train (40,44) to simultaneously rotate the first louver (22,34) and the second louver (22,34).
Regarding claims 2 and 9, the gear train (40,44) comprises: a first gear (lowest 40 figure 2a) associated with the first pivot base (lowest 34 figure 2a) and configured to rotate the first pivot base relative to the second rail (14), the first gear (40) having a cog (40 is a toothed gear); a second gear (middle 40 figure 2a) associated with the second pivot base (middle 34 figure 2a) and configured to rotate the second pivot base relative to the second rail (14), the second gear (40) having a cog (40 is a toothed gear); and a third gear (44) configured to engage the cog (i.e. 44 is a toothed rack engaging toothed gears 40) of the first gear (40) and the cog of the second gear (40), at least a portion of the third gear (44) being configured to translate along a translation axis (vertical axis figure 2a) in a manner that causes the first gear (40) and the first pivot base (34) to rotate on the first axis of rotation (horizontal axis into page in figure 2a) substantially perpendicular to the translation axis and causes the second gear (40) and the second pivot base (34) to rotate on the second axis of rotation (horizontal axis into page in figure 2a) substantially perpendicular to the translation axis, the translation axis being substantially parallel to the first rail (16) in Digianni.
Regarding claim 7 and 14, when the louver system (plurality of louvers 22,34) in the closed configuration, an axis (axis along 34, diagonal in figure 2a) of the first slat portion (22) and an axis (axis along 34, diagonal in figure 2a) of the second slat portion (22) both being offset at a first angle (approximately 0 degrees as louvers are approximately vertical in figure 2a in the closed position) from the translation axis (vertical in figure 2a); and wherein when the louver system is in the open configuration (figure 2a), the axis of the first slat portion and the axis of the second slat portion both being offset at a second angle (angle between diagonal 34 and vertical in figure 2a) from the translation axis, the second angle being greater than the first angle in Digianni.
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) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Digianni in view of US patent 397322 to Whitaker (hereinafter Whitaker).
Regarding claims 3 and 10, Digianni does not show the lovers having an indent.
Indented louvers are shown in Whitaker in figures I-III where louvers (B) have indents (c) such that all louvers are parallel to the translation axis (horizontal in figure III) in the closed configuration (dashed lines figure III).
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 movable barrier with louver system of Digianni with the indented louvers of Whitaker because the indents provided the known benefit of allowing the louvers to flush close forming a plain barrier surface as taught in Whitaker in lines 27-30.
Claim(s) 4, 5, 11, 12, 15, 16, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Digianni in view of US PG Pub 2018/0002975 to Taylor (hereinafter Taylor).
Regarding claims 4, 5, 11, and 12, Digianni teaches a remote control actuating the motor (M) in column 5 lines 29-34, however, Digianni is silent as to a controller.
A controller is shown in Taylor in figures 1-8 where a controller (150) receives a signal (see connection to user interface in figure 3 and connection to sensor in paragraph [0042]) from a user interface (192) or sensor to operate the rotation system (130) to move the louvers (120).
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 movable barrier with louver system of Digianni with the controller of Taylor because the controller provides the known benefit of connecting the operating system (motor in Digianni) to various inputs such as the sensor and user interface to be better able to control the movement of the louvers.
Regarding claims 15, 16, 18, and 19, the method steps would inevitably follow the apparatus as detailed above.
Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Digianni in view of Official Notice.
Regarding claims 6 and 13, the third gear (44) is a rack driven by the motor (M) in Digianni.
Examiner takes Official Notice the belts were old and well known driven members in the art.
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 movable barrier with louver system of Digianni with the known driven belt because both belts and racks were known driven members and one of ordinary skill in the art substituted one known element for another, using known methods with no change in their respective functions. Such a substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Digianni and Taylor as applied to claim 15 above, and further in view of Whitaker.
Regarding claim 17, the method steps would inevitably follow the apparatus as detailed above.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Digianni and Taylor as applied to claim 16 above, and further in view of Official Notice.
Regarding claim 20, the method steps would inevitably follow the apparatus as detailed above.
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 CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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/CATHERINE A KELLY/Primary Examiner, Art Unit 3619
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