DETAILED ACTION
This non-final Office action is in response to the claims filed on June 26, 2026.
Status of claims: claims 10 and 11 are withdrawn; claims 12 and 13 are cancelled; claims 1-9 and 14-18 are hereby examined below.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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 26, 2026 has been entered.
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 entire recitations in each of claims 15-17 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 Objections
Claim 17 is objected to because of the following informalities:
Claim 17 – shouldn’t “wherein in an unstretched state, a diameter of the cylinder of knitted barrier material is larger relative to a diameter of the interior surface of the flexible hollow cylinder” be amended to state that this occurs when the knitted barrier material is not positioned within the flexible hollow cylinder? Appropriate correction is required.
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 1, 2, 5-8, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 532201 to Hines in view of US 1671349 to Crist in view of FR 2886362.
Hines discloses a door system of a building, the system comprising:
a door C,D having an edge adjacent to a ground surface. (see FIG. 1 below)
[AltContent: arrow][AltContent: textbox (Ground surface)][AltContent: textbox (Door edge)][AltContent: arrow][AltContent: arrow]
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Hines fails to disclose a door seal.
Crist teaches of a door seal system, the system comprising:
a door seal 21 mounted on an edge of a door 13, 15,16 adjacent to a surface 4 (see FIGS. 2-4), the door seal comprising:
a flexible hollow cylinder 21 formed of an elastic material (see FIGS. 3-4 and col. 1) extending between the edge of the door and the surface to space a gap between the edge of the door and the surface, thereby preventing passage of rodents.
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 Hines door edge with a door seal mounted thereon, as taught by Crist, with a reasonable expectation of success in order to minimize dirt, debris, water, unwanted insects or rodents from passing underneath the door.
Crist fails to disclose a cylinder of knitted material positioned inside the flexible hollow cylinder.
FR 2886362 teaches of a door seal comprising:
a flexible hollow cylinder 5 formed of an elastomeric material; (see FIG. 2; see page 3 of translation – “tubular sealing part 5 elastically deformable and non-metallic which is produced in a polymer material (elastomer or thermoplastic)”) and
a cylinder 10 of knitted barrier material (see FIG.2; see page 3 of translation – “tubular insert made of knitted metal wire”) positioned inside the flexible hollow cylinder, wherein an exterior surface of the cylinder of knitted barrier material is in contact with an interior surface of the flexible hollow cylinder. (see FIGS. 2, 3a-3c)
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 flexible hollow cylinder of Hines in view of Crist with the cylinder of knitted barrier material taught in FR 2886362 with a reasonable expectation of success in order to provide the Hines door seal with “a reinforcement in the form of an elastically deformable insert capable of compensating over time for the relaxation of the sealing part of the seal.” (see page 3 of the translation of FR 2886362 provided by the applicant). (claim 1)
Hines, as applied above, further discloses wherein the cylinder of knitted barrier material is formed of metal wire. (see FIG.2; see page 3 of translation provided by the applicant – “tubular insert made of knitted metal wire”) (claim 2)
Hines, as applied above, further discloses wherein the door seal further comprises a first strip 23 positioned on an exterior surface of the flexible hollow cylinder, (see FIGS. 3 and 4 of Crist) and wherein the door seal is arranged to be fixed to the edge of the door by the first strip. (Note: “arranged to be fixed to the edge of the door by the first strip” constitutes an intended use recitation.) (claim 5)
Hines, as applied above, further discloses comprising a fixing strip 22,24,26 fixed to the first strip. (see FIGS. 2-4 of Crist) (claim 6)
Hines, as applied above, further discloses wherein the first strip is clamped between two surfaces 24,26 of the fixing strip. (see FIGS. 3 and 4 of Crist) (claim 7)
Hines, as applied above, further discloses wherein the fixing strip comprises an area 22 through which the door seal can be screwed to the door. (see FIG. 3 and col. 1 of Crist) (claim 8)
Hines, as applied above, further discloses wherein a diameter of the cylinder of knitted barrier material is configured to reduce in size when the cylinder of knitted barrier material is in a stretched state along a length of the cylinder of knitted barrier material.
Note: the FR 2886362 cylinder of knitted barrier material 10 is “elastically deformable made of a polymer material.” (see page 3 of FR 2886362 translation; “elastomer or thermoplastic”) A knitted material that is formed of a polymer material, such as of an “elastomer or thermoplastic” material that is also “elastically deformable” is certainly capable of and “configured to reduce in size when the cylinder of knitted barrier material is in a stretched state along a length of the cylinder of knitted barrier material,” as recited.
Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. In other words, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. (claim 16)
Hines, as applied above, further discloses wherein the flexible hollow cylinder comprises a circular, elliptical, or teardrop geometry. (see FIG. 4 of Crist, which illustrates a teardrop geometry) (claim 18)
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hines in view of Crist in view of FR 2886362, as applied to claim 1 above, in view of GB 2238069 to Paget.
Hines, as applied above, fails to disclose a plug positioned in an opening at the end of the flexible hollow cylinder.
Paget teaches of a plug 6 (“bung”; see FIGS. 1 and 3) positioned in an opening at an end of the hollow cylinder 4, wherein the corresponding end of the cylinder of barrier material 5 is in contact with an exterior surface of the plug so that the barrier material is held in position between the exterior surface of the plug and the interior surface of the hollow cylinder.
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 door seal disclosed in Hines, as applied above, with a plug at each end of the door seal as taught in Paget with a reasonable expectation of success in order to minimize dirt and debris and rodents from entering the door seal as well as to further assist with maintaining the cylinder of knitted barrier material in place within the Hines flexible hollow cylinder. (claim 3)
Hines, as applied above, further discloses a second plug positioned in an opening at an opposite end of the flexible hollow cylinder. (see page 3 of Paget) (claim 4)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hines in view of Crist in view of FR 2886362, as applied to claim 8 above, in view of US 4463523 to Mailand et al. (hereinafter “Mailand”).
Hines, as applied above, fails to disclose wherein the fixing strip further comprises a layer of contact adhesive for gluing the door seal to the door.
Mailand teaches of a door seal with a fixing strip17 further comprising a layer of contact adhesive 23 for gluing the door seal to the door 12.
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 combine the fixing strip disclosed in Hines, as applied above, with the layer of contact adhesive taught in Mailand with a reasonable expectation of success in order to further assist attaching the door seal to a door. (claim 9)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hines in view of Crist in view of FR 2886362 in view of Mailand, as applied to claim 9 above.
Hines, as applied above, discloses the door seal attached to the edge of the door as claimed in claim 9. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Hines, as applied above, to disclose a method of mounting the door seal as claimed in claim 9 to the edge of the door 13, 15, 16 (see FIGS 1 and 2), comprising: attaching the fixing strip of the door seal to the edge of the door using the layer of contact adhesive; repositioning the fixing strip on the edge of the door; and once the door seal is in a desired position, screwing one or more screws 5 through the area 22 of the fixing strip into the edge of the door (see FIGS. 1-3 of Crist) with a reasonable expectation of success in order to minimize dirt, debris, water, unwanted insects or rodents from passing underneath the door.
Claim 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hines in view of Crist in view of FR 2886362, as applied to claim 1 above, in view of DE 202017007324 U1.
Hines, as applied above, further discloses wherein the cylinder of knitted barrier material 10 comprises a continuous strand (see FIG. 2 and page 3 of the translation of FR 2886362;) arranged into a spiral of rows (see FIG. 2 of FR 2886362; see page 3 of translation of FR 2886362 – “this insert can be produced in the form of a braid or a spiral spring” and note the rows illustrated in the detailed picture illustrated in FIG. 2) forming a length of the cylinder of knitted barrier material, each row being arranged into loops which interlock with each other. (FIG. 2 of FR 2886362 illustrates rows with interlocking loops of the knitted barrier material.)
Hines, as applied above, fails to disclose the cylinder of knitted barrier material is formed of a single continuous strand.
DE 202017007324 U1 teaches of a cylinder of knitted barrier material 202 formed of a single continuous strand. (see FIG. 2 and page 6 of the machine translation of DE 202017007324 U1)
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 form the Hines cylinder of knitted barrier material out of a single continuous strand, as taught by DE 202017007324 U1 with a reasonable expectation of success in order to facilitate and lower the cost of manufacturing of the cylinder of knitted barrier material as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 15)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hines in view of Crist in view of FR 2886362 in view of DE 202017007324 U1, as applied to claim 16 above.
Hines, as applied above, discloses that the cylinder of knitted barrier material is positioned within the flexible hollow cylinder (see FIG. 2 of FR 2886362) and that the cylinder of knitted barrier material is “elastically deformable made of a polymer material.” (see page 3 of FR 2886362 translation; “elastomer or thermoplastic”)
Furthermore, since FR 2886362 discloses the cylinder of knitted barrier material is “elastically deformable made of a polymer material” and that when the flexible hollow cylinder 5 undergoes relaxation over time and the cylinder of knitted barrier material is able to compensate for the relaxation by expanding in diameter, FR 2886362 appears to inherently disclose unstretched/stretched diameters of the cylinder of knitted barrier material such that in an unstretched state, a diameter of the cylinder of knitted barrier material is larger relative to a diameter of the interior surface of the flexible hollow cylinder, and wherein in the stretched state, the diameter of the cylinder of knitted barrier material is smaller relative to the diameter of the interior surface of the flexible hollow cylinder.
Note: if the unstretched/stretched diameters of claim 17 are not inherent in the prior art, then it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to form the Hines, as applied above, cylinder of knitted barrier material of a material such that in an unstretched state, a diameter of the cylinder of knitted barrier material is larger relative to a diameter of the interior surface of the flexible hollow cylinder, and wherein in the stretched state, the diameter of the cylinder of knitted barrier material is smaller relative to the diameter of the interior surface of the flexible hollow cylinder in order to facilitate assembly of the door seal as well as ensure a snug and firm positioning of the cylinder of knitted barrier material within the flexible hollow cylinder, thus minimizing any movement of the cylinder of knitted barrier material within the flexible hollow cylinder without requiring the use of fasteners as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice.
Additionally, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide cylinder of knitted barrier material with a diameter that varies in the unstretched and stretched state, as noted above, with a reasonable expectation of success, in order to facilitate assembly of the door seal as well as ensure a snug and firm positioning of the cylinder of knitted barrier material within the flexible hollow cylinder, thus minimizing any movement of the cylinder of knitted barrier material within the flexible hollow cylinder without requiring the use of fasteners.
Finally, since the recitation of “wherein in an unstretched state, a diameter of the cylinder of knitted barrier material is larger relative to a diameter of the interior surface of the flexible hollow cylinder, and wherein in the stretched state, the diameter of the cylinder of knitted barrier material is smaller relative to the diameter of the interior surface of the flexible hollow cylinder” constitutes a product by process recitation, claim 17 does not require “wherein in an unstretched state, a diameter of the cylinder of knitted barrier material is larger relative to a diameter of the interior surface of the flexible hollow cylinder, and wherein in the stretched state, the diameter of the cylinder of knitted barrier material is smaller relative to the diameter of the interior surface of the flexible hollow cylinder,” but only that the structure of the prior art be capable of being made in the recited manner. (see page 3 of applicant’s specification, which explicitly states “to manufacture the door seal,” and then continues with a recitation of claim 17)
And the examiner respectfully submits since FR 2886362 discloses the cylinder of knitted barrier material is “elastically deformable made of a polymer material” and that when the flexible hollow cylinder 5 undergoes relaxation over time and the cylinder of knitted barrier material is able to compensate for the relaxation by expanding in diameter, the FR 2886362 cylinder of knitted barrier material is capable of “wherein in an unstretched state, a diameter of the cylinder of knitted barrier material is larger relative to a diameter of the interior surface of the flexible hollow cylinder, and wherein in the stretched state, the diameter of the cylinder of knitted barrier material is smaller relative to the diameter of the interior surface of the flexible hollow cylinder,” as recited.
Further note, “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production.” (See MPEP 2113 – Product by process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps). (claim 17)
Response to Arguments
Applicant’s arguments filed June 26, 2026 with respect to claim 1 have been considered but are moot because the new ground of rejection relies on a reference that was not applied in the prior rejection of record for teaching the matter specifically challenged in the argument.
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
Prosecution Insights