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 .
This Office Action is in response to the Amendment dated June 2, 2026. Currently, claims 1-20 are pending in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the one piece connector joining the first frame member and the second frame member to each other must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a one-piece connector, does not reasonably provide enablement for how the connector comprised of separate first and second portions is one-piece. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. The Specification indicates ”the first connector and the second connector may form one-piece” but provides no further details beyond a vague statement.
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 1-11 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.
Regarding claim 1: It is unclear how the connector joins the first frame member and the second frame member. As claimed, the connector has a first portion that connects the first frame member to the bridge and a second portion that connects the second frame member to the bridge. The connector does not appear to connect the first and second frame members. It is unclear how a first connector and a second connector can be a one-piece connector that connects the first and second frame members.
Additional claims rejected under 35 USC 112 but not addressed are rejected as being dependent on a rejected base claim and failing to further remedy the issue(s).
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) 1-10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sklar (US Patent No 3,338,008).
Referring to claim 1: Sklar teaches a frame assembly for a doorway, the frame assembly comprising: a first frame member (item 16) having an outside surface and an inside surface opposite the outside surface; a second frame member (item 16) having an outside surface and an inside surface opposite the outside surface, the second frame member separated from the first frame member; a bridge member (item 14) having an outside surface, an inside surface opposite the outside surface, a first end surface, and a second end surface opposite the first end surface, the first end surface and the second end surface each extending between the outside surface and the inside surface of the bridge member; and a connector (item 17) joining the first frame member and the second frame member with each other, the connector comprising: a first connector portion securing the first frame member to the bridge member; and a second connector portion attaching the second frame member to the bridge member, the second connector portion facing the first connector portion (figure 3); wherein an end extension piece of the first connector or the second connector portion forms a U-shape (between items 17c and 17d). Sklar does not specifically teach the connector is a one piece connector. However, as best understood from the drawings of the instant application, Sklar meets the limitations.
Referring to claim 2: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the bridge member spans a length between the first frame member and the second frame member (figure 3).
Referring to claim 3: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the first connector portion includes a first securing projection (item 17b) and the second connector portion includes a second securing projection (item 17b).
Referring to claim 4: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the first securing projection extends at a first angle relative to the inside surface of the first frame member and the second securing projection extends at a second angle relative to the inside surface of the second frame member (figure 3).
Referring to claim 5: Sklar teaches all the limitations of claim 4 as noted above. Additionally, Sklar teaches wherein the first connector portion covers the first end surface of the bridge member and the second connector portion covers the second end surface of the bridge member (figure 3).
Referring to claim 6: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the bridge member covers an opening defined between the first connector portion and the second connector portion (figure 3).
Referring to claim 7: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the first frame member and the second frame member are spaced apart from one another by the bridge member (figure 3).
Referring to claim 8: Sklar teaches all the limitations of claim 7 as noted above. Additionally, Sklar teaches wherein the first connector portion and second connector portion are spaced apart from one another by the bridge member (figure 3).
Referring to claim 9: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the inside surface of the first frame member is opposed to the inside surface of the second frame member (figure 3).
Referring to claim 10: Sklar teaches all the limitations of claim 1 as noted above. Additionally, Sklar teaches wherein the bridge member and the connector extend from the outside surface of the first frame member to the outside surface of the second frame member to form an end cap (figure 3).
Referring to claim 19: Sklar teaches a frame assembly for a doorway, comprising: a first frame member (item 16) having an outside surface and an inside surface opposite the outside surface; a second frame member (item 16) having an outside surface and an inside surface opposite the outside surface; and a connector (item 14) joining the first frame member and the second frame member with one another such that the first frame member is separated from the second frame member, the connector including a first wall and a second wall, the first wall and the second wall each having a terminal end, a first projection (item 17b), and a second projection (items 17c, 17d), wherein an end extension piece of the first projection or the second projection forms a U-shape Between items 17c and d, figure 3). Sklar does not specifically teach the connector is a one piece connector. However, as best understood from the drawings of the instant application, Sklar meets the limitations.
Allowable Subject Matter
Claims 11-18 are allowed.
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed June 2, 2026 have been fully considered but they are not persuasive.
Applicant has argued that claim 1 is clear because it now recites the limitation “one-piece connector” as supported by page 8 lines 21-22 of the Specification. However, the Examiner contends this does not clarify how two separate connector portions can be a single unitary connector. The drawings additionally fail to support the argument of a unitary connector and therefore have additionally been objected to based on the newly amended claims.
Additionally, Applicant now argues that based on the unclear amendment of a one piece connector Sklar does not teach the single connector. However, under broadest reasonable interpretation of the figures presented, Sklar matches the instant application in components.
Arguments pertaining to claims 11-18 ae moot as these claims have now been indicated as Allowable based on the newly presented amendments.
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 PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635
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