DETAILED ACTION
This non-final Office action is in response to the claims filed on 9/5/2024.
Status of claims: claims 1-6 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 .
Drawings
The drawings are objected to because:
Claim 1 – outer longitudinal edges of the first segment and third segment are not identified in the figures.
Claim 6 – “heating element” isn’t illustrated in the figures.
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 Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1, line 2 – “bottom edge” should be amended to “bottom edge,”
Claim 1, line 13 – “in manner” is unnecessary and should be deleted
Claim 5, lines 2-3 – “in manner” is unnecessary and should be deleted
Appropriate correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over GB 445049 to Timberlake.
Timberlake discloses an overhead door apparatus configured to be placed proximate a bottom edge of an overhead door in its closed position and provide sealing of the bottom edge wherein the overhead door apparatus comprises:
a body, said body having a first end (shown in FIG. 3) and a second end (not illustrated, on the opposite side of the first end), said body having a first segment, a second segment and a third segment, (see annotated FIG. 4 below) said first segment, said second segment and said third segment being contiguously formed, said second segment being intermediate said first segment and said third segment, said second segment having a first portion and a second portion, (see annotated FIG. 4 below) said first portion and said second portion being angular in orientation with respect to each other, said second segment having a rounded top edge at a transition point of said first portion and said second portion of said second segment, said first segment having an outer longitudinal edge distal to said second segment, said first segment of said body being planar in manner, said third segment having an outer longitudinal edge distal to said second segment, said second segment configured to create a cavity subsequent said body being superposed a ground;
at least one wing member 19, said at least one wing member being contiguously formed with said body along said outer longitudinal edge of said first segment, said at least one wing members having a central aperture configured to have a fastener 20 journaled therethrough; (see definition of contiguous below; note applicant’s specification fails to define contiguous) and
a sealing member 17 (see FIG. 2), said sealing member being secured to a bottom surface of said third segment of said body, said sealing member being proximate said outer longitudinal edge of said third segment extending intermediate said first end and said second end of said body.
Timberlake fails to disclose that the wing member is at least two wing members.
On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the wing member into at least two members, rather than a single member, in order to facilitate transport and packaging of the overhear door apparatus, to allow for replacement of a portion of the wing members rather than the entire wing member; thus saving on material and replacement costs as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (claim 1)
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https://www.oxfordlearnersdictionaries.com/us/definition/english/contiguous
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Timberlake, as applied to claim 1 above, in view of US 20080120914 to Fink et al. (hereinafter “Fink”).
Timberlake fails to disclose wherein said sealing member is manufactured from rubber.
Fink teaches of a sealing member 60 manufactured from rubber. (see FIG. 6 and [0029],[0032])
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 sealing member of Timberlake with a rubber sealing member, as taught by Fink, in order to further minimize dirt and debris from passing underneath the overhead door apparatus and to assist with bonding the overhead door apparatus to the floor. (claim 2)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Timberlake in view of Fink, as applied to claim 2 above, in further view of US 6138413 to Fehr.
Timberlake, as applied above, fails to disclose wherein said body is manufactured from a contiguous piece of metal.
Fehr teaches of a contiguous piece of metal 9 within the body of the overhead door apparatus. (see FIGS. 4 and 5 and MPEP 608.02; note: element 3, which has the same characteristics of element 9 is explicitly disclosed as metal)
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 include a contiguous metal insert within the body of the Timberlake overhead door apparatus, such as along the first segment, as taught by Fehr, in order to increase the structural integrity of the device. (claim 3)
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Timberlake in view of Fink in view of Fehr, as applied to claim 3 above.
Timberlake, as applied above, fails to disclose wherein said at least two wing members having a rounded outer perimeter edge.
On the other hand, it would have been an obvious matter of design choice to make the outer edges rounded at the ends of the wing members or 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. Furthermore, it would have been an obvious matter of design choice to make the outer edges rounded at the ends of the wing members in order to facilitate sliding the wing members into the upper grooves of the body. (see FIG. 4 of Timberlake) (claim 4)
Timberlake, as applied above, further discloses wherein said third segment is planar in manner extending outward from said second segment. (See FIG. 4 of Timberlake) (claim 5)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Timberlake in view of Fink in view of Fehr, as applied to claim 5 above, in further view of US 2004/0035853 to Pais.
Timberlake, as applied above, fails to disclose a heating element.
Pais teaches of a heating element 198, said heating element being configured to be disposed in said body, (see FIGS. 13 and 14) said heating element configured to provide a temperature for said body that is greater than that of environmental surroundings of the body.
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 include a heating element within the Timberlake body, as taught by Pais, in order to minimize any ice or snow buildup on the overhead door apparatus. (claim 6)
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over GB 445049 to Timberlake in view of Fink.
Timberlake discloses an overhead door apparatus configured to be placed proximate a bottom edge of an overhead door in its closed position and provide sealing of the bottom edge wherein the overhead door apparatus comprises:
a body, said body having a first end (shown in FIG. 3) and a second end (not illustrated, on the opposite side of the first end), said body having a first segment, a second segment and a third segment, (see annotated FIG. 4 below) said first segment, said second segment and said third segment being contiguously formed, said second segment being intermediate said first segment and said third segment, said second segment having a first portion and a second portion, (see annotated FIG. 4 below) said first portion and said second portion being angular in orientation with respect to each other, said second segment having a rounded top edge at a transition point of said first portion and said second portion of said second segment, said first segment having an outer longitudinal edge distal to said second segment, said first segment of said body being planar in manner, said third segment having an outer longitudinal edge distal to said second segment, said second segment configured to create a cavity subsequent said body being superposed a ground;
at least one wing member 19, said at least one wing member being contiguously formed with said body along said outer longitudinal edge of said first segment, said at least one wing members having a central aperture configured to have a fastener 20 journaled therethrough; (see definition of contiguous below; note applicant’s specification fails to define contiguous) and
Timberlake fails to disclose a sealing member and that the wing member is at least two wing members.
On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the wing member into at least two members, rather than a single member, in order to facilitate transport and packaging of the overhear door apparatus, to allow for replacement of a portion of the wing members rather than the entire wing member; thus saving on material and replacement costs as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Fink teaches of a sealing member 60 secured to a bottom surface of a overhead door apparatus.
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 secure a sealing member to a bottom surface of said third segment of said Timberlake body, as taught by Fink, said sealing member being proximate said outer longitudinal edge of said third segment extending intermediate said first end and said second end of said body in order to further minimize dirt and debris from passing underneath the overhead door apparatus and to assist with bonding the overhead door apparatus to the floor. (claim 1)
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