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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 122-1 and 122-2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The abstract of the disclosure is objected to because it is over 150 words in length and includes phrases that can be implied (e.g. “The present invention also relates to a door operator system”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claims 13 and 17 are objected to because of the following informalities:
Claim 13 recites “the attachment side” in line 3, which should be replaced with --an attachment side-- to ensure appropriate consistency and antecedent basis.
Claim 17 recites “A door operator system according to claim 16” which should be replaced with --The door operator system--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “receiving portion”, “connection portion” “adaption portion”, “first connection portion” and “second connection portion” in claims 4-8.
Claim 9 recites “retention means”, which is also not accompanied by sufficient structure to perform the recited function, and is therefore being interpreted under 35 U.S.C. 112(f).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 12 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abrahamsson (WO 2020/249395).
Regarding claims 1 and 16, Abrahamsson discloses a door operator system (operator system 1 including drive unit 10, frame 3, and door 8) and a tension arrangement [FIG. 2c] for the door operator system, the door operator system being configured for opening and closing an opening (2), the door operator system comprising:
a door frame (3) comprising a first frame section (4) at a first side (5) of the opening and a second frame section (6) at a second side (7) of the opening opposite the first side [FIG. 1];
a door (8) arranged to be moved between an open position and a closed position, the door being movably arranged in connection to the door frame;
a drive arrangement (10), said drive arrangement comprising a drive unit (10) mounted on the door [FIG. 3], said drive unit comprising at least one motor (11) being arranged to move the door between the open position and closed position and a first driven transmission member (18) in driving connection with the motor (page 5, lines 8-9), the door operator system comprising
a first elongated transmission member (19) extending along the first side of the opening between an upper position and a lower position (page 5, lines 6-8), the first elongated transmission member being configured to be connected at said upper position and at said lower position (page 6, lines 16-17), wherein the first driven transmission member is movably connected to said first elongated transmission member and arranged to interplay with said first elongated transmission member [FIG. for driving the first driven transmission member along said first elongated transmission member by means of the first elongated transmission member so as to move the door between the closed and open position (page 5, lines 6-15),
wherein said tension arrangement is configured to be attached in connection to said first side at one of said upper and lower positions (as shown in Figures 2b-2c, the tension arrangement is attached to said first side at said lower position), said tension arrangement comprising
a bracket member for facilitating attachment of said tension arrangement (bracket member shown in Figure 2c, connecting the spring arrangement 74 to the frame section 4 at element 75);
a tension device comprising a connection member (link at end 68 connected to the spring arrangement 74) for connecting said first elongated transmission member and a spring arrangement (74) comprising
a spring member [FIG. 2c], said spring arrangement being configured to be connected to said connection member so as to facilitate adapting the spring load of said spring member (connection of the spring arrangement to the connection member at 68 is shown in Figure 2c; it is noted that the limitation “to facilitate adapting the spring” is a functional recitation that does not positively require an adjustable structure; the connection is capable of being adapted and therefore meets the requirements of the limitation),
wherein said tension device is configured to be arranged in connection to said bracket member so that, when said first elongated transmission member is connected at one of said upper and lower positions and connected to said connection member at the other of said upper and lower positions, tension of said first elongated transmission member is provided (page 6, lines 21-26).
Regarding claim 12, Abrahamsson discloses that said connection member has an elongated configuration configured to extend along the longitudinal extension of said bracket member (as shown in Figure 2c, the connection member is elongate in a substantially vertical direction, which is also the direction defining the longitudinal extension of the bracket member; see annotated drawing below).
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Regarding claim 15, Abrahamsson discloses that said tension arrangement is configured to be attached in connection to said first side at said lower position (page 6, lines 21-23) [FIG. 2c].
Regarding claim 17, Abrahamsson discloses that said drive arrangement comprises a second driven transmission member (18; page 9, lines 18-30 discloses a second drive assembly including a second driven transmission member) in driving connection with a motor (11; page 9, line 29-page 10, line 2) of said drive arrangement, the door operator system comprising a second elongated transmission member (19; page 9, lines 18-19) extending along the second side (page 9, lines 21-22) of the opening between an upper position and a lower position, the second elongated transmission member being configured to be connected at said upper position and at said lower position (page 10, lines 14-16), wherein the second driven transmission member is movably connected to said second elongated transmission member and arranged to interplay with said second elongated transmission member for driving the second driven transmission member along said second elongated transmission member by means of the second elongated transmission member so as to move the door between the closed and open position (page 9, line 18-page 10, line 13), said door operator system comprising a tension arrangement (tension arrangement shown in Figure 2c and disclosed on page 10, lines 15-16) for providing tension of said second elongated transmission member.
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 2, 3, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Abrahamsson (WO 2020/249395) in view of Fry (U.S. Patent No. 147,493).
Regarding claims 2 and 3, Abrahamsson discloses the spring arrangement and spring member, but does not explicitly disclose a connection element or a groove or set of grooves in the bracket receiving said connection element.
Nonetheless, Fry discloses a spring arrangement and bracket member (K) [FIGS. 1-3], said spring arrangement comprising a connection member (H) arranged in connection to a respective spring member (G), wherein said bracket member (K) comprises a set of grooves (series of grooves o shown in Figure 2) configured to receive said connection element so as to support said tension device [FIG. 1]; wherein said set of grooves are arranged at different levels [FIG. 1], wherein said connection element is movably arranged relative to said connection member so as to facilitate introducing said connection element into a groove at a level providing a desired tension of a respective transmission member (as shown in Figures 1-3, the height of the spring arrangement is adjustable by positioning the connection members H in different openings, thereby inherently adjusting a desired tension of the transmission member).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the spring arrangement of Abrahamsson to include the set of grooves taught by Fry, in order to allow for greater flexibility in the positioning of the spring arrangement, so as to enable adjustment of the tension or resetting of the tension as components wear in, to prevent unwanted slack that could adversely affect operation.
Regarding claims 10 and 11, Abrahamsson discloses that said bracket member has an elongated configuration configured to extend along a portion of said first side [FIG. 2c] (see annotated drawing above), when said tension arrangement is attached in connection to said first side, having a first end portion (upper end portion as shown in Figure 2c), an opposite second end portion (lower end portion as shown in Figure 2c) and an intermediate end portion; further comprising a guiding roller (79) arranged in connection to an end portion of said bracket member [FIG. 2c] so that its axis extends transversal to the longitudinal extension of the bracket member, said first elongated transmission member (19), when said tension arrangement is attached to said first side and the first elongated transmission member is connected to the connection member (at 68) is configured to run from said connection member towards said end portion and turn, wherein said guiding roller is configured to guide said first elongated transmission member so that it turns around in connection to said guiding roller, extending in the opposite direction along said first side to the other connection position (page 13, lines 13-16) [FIG. 2c].
Nonetheless, Fry discloses a bracket member having at least one groove (o) arranged in an intermediate portion [FIG. 2]. As set forth with respect to claim 2 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bracket of Abrahamsson to include the groove taught by Fry, in order to allow for greater flexibility and adjustment of the position and tension level of the spring arrangement.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Abrahamsson (WO 2020/249395) in view of Fry (U.S. Patent No. 147,493), as applied to claim 2 above, and further in view of Fricker (U.S. Patent No. 4,878,640).
Regarding claims 13 and 14, Abrahamsson, as modified above, discloses the bracket member, but does not explicitly disclose that it has a U-shaped configuration, or grooves provided in side portions of the bracket member.
Nonetheless, Fricker discloses a bracket member (1) having a U-shaped configuration [FIG. 1] comprising a bottom portion configured to constitute an attachment side (the bottom portion defined as the lower body of the bracket connecting the arms 13, 14 together; this portion is capable of being used to attach the bracket to another component and therefore meets the requirements of the limitation “attachment side”); and a first side portion (at 13) and opposite second side portion (at 14) extending in the longitudinal direction of said bracket member [FIG. 1]; wherein at least one groove is provided as one or more recesses (recesses defined between teeth 15) in the respective side portions of said bracket member [FIG. 1].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bracket member of Abrahamsson, as modified above, to have the configuration taught by Fricker, in order to provide adjustable positioning of the spring arrangement while retaining sufficient load-bearing capability, so as to prevent the arrangement from becoming dislodged or broken during operation of the door system.
Allowable Subject Matter
Claims 4-9 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 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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/ABE MASSAD/Primary Examiner, Art Unit 3634
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