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 .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 1-6 and 8-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aberle (U.S. 2023/0399034).
Regarding claim 1, Aberle teaches a flashing system (figures 7, 8) for an inner surface of a door of a shipping container 200, the system comprising a header member 70 comprising a rearwardly disposed vertical portion 74 configured for connection to an upper portion 22 of the door (figure 6), a horizontal portion 78 configured for extending outwardly from the inner surface of the door (figure 6), and a forwardly disposed vertical portion 76 extending downwardly relative to the horizontal portion of the header member (figure 6), a footer member 72 comprising a rearwardly disposed vertical portion (shown adjacent lead line 80; figure 8) configured for connection to a lower portion 34 of the door (figure 8), a horizontal portion (above 80) configured for extending outwardly from the inner surface of the door, and a forwardly disposed vertical portion extending upwardly relative to the horizontal portion of the footer member (figure 8), and two opposed side members 66, 68, each side member comprising a rearwardly disposed portion 74 (figure 5) configured for engagement with a side portion of the door 22, a laterally disposed vertical portion 78 configured to extend outwardly from the inner surface of the door between the header portion and the footer portion (figure 5), and a forwardly disposed vertical portion 76 extending inwardly and parallel to the inner surface of the door (figure 5) at an outer extent of the laterally disposed vertical portion of the side member (figure 5), the forwardly disposed vertical portions of the header member 76 and the footer member configured for connection to the forwardly disposed vertical portion of the side member (figure 7), wherein the horizontal portion and forwardly disposed vertical portion 76 of the header member, the horizontal portion and forwardly disposed vertical portion of the footer member, and the laterally disposed vertical portions and forwardly disposed vertical portions of the side members together are configured to define a space for receipt of an insulating material 90 therein (figures 5, 6), and wherein each of the side members further comprises upper and lower horizontal flanges 84 extending inwardly for connection to the horizontal portions of the header member and the footer member (figure 7).
Regarding claim 2, the rearwardly disposed vertical portions 74 of the header member and the footer member comprise horizontal flanges configured to extend rearwardly to engage upper and lower surfaces of the door (shown opposite 22 in figure 6 at lower end of 74).
Regarding claim 3, the rearwardly disposed vertical portions 74 of each of the header member and the footer member, and the upper and lower horizontal flanges 84 of the side members are configured to abut the inner surface of the door (figure 6).
Regarding claim 4, each of the side member 66, 68 comprises at least two side member parts 84 with the horizontal flanges (horizontally extending portion of 84) and connectable at the horizontal flanges (through their connection with the header 70 and footer 72).
Regarding claim 5, the door comprises a hollow tube frame (flashing system of Aberle is capable of being used with a door having a hollow tube frame), the header member 70, the footer member 72, and the side members 66, 68 connected to the door by mechanical fasteners at 80 extending into but not through the hollow tube frame. The claims are drawn to the subcombination of the flashing system and the not the combination of the flashing system and door. The door has not been positively recited as an element the claimed invention.
Regarding claim 6, the space is configured to receive the insulating material 90 and an inwardly-disposed interior surface finishing material 54.
Regarding claim 8, the header member 70, the footer member 72, and the side members 66, 68 are composed of metal, plastic, composite, or a combination thereof (“steel”; paragraph [0030]).
Regarding claim 9, the header member 70, the footer member 72, and the side members 66, 68 are connected to the door by means of mechanical fastening, adhering, welding, or a combination thereof (“welded”; paragraph [0030]).
Regarding claim 10, the header member 70, the footer member 72, and the side members 66, 68 are configured for assembly before mounting on the door (capable of being assembled before mounting).
Regarding claim 11, Aberle teaches a method for installing flashing on a door of a shipping container 200 (paragraph [0004]), the method comprising the steps of forming a header member 70 comprising a rearwardly disposed vertical portion 74 configured for connection to an upper portion 22 of the door (figure 6), a horizontal portion 78 configured for extending outwardly from the inner surface of the door (figure 6), and a forwardly disposed vertical portion 76 extending downwardly relative to the horizontal portion of the header member (figure 6), forming a footer member 72 comprising a rearwardly disposed vertical portion (shown adjacent lead line 80; figure 8) configured for connection to a lower portion 34 of the door (figure 8), a horizontal portion (above 80) configured for extending outwardly from the inner surface of the door, and a forwardly disposed vertical portion extending upwardly relative to the horizontal portion of the footer member (figure 8), forming two opposed side members 66, 68, each side member comprising a rearwardly disposed portion 74 (figure 5) configured for engagement with a side portion of the door 22, a laterally disposed vertical portion 78 configured to extend outwardly from the inner surface of the door between the header portion and the footer portion (figure 5), and a forwardly disposed vertical portion 76 extending inwardly and parallel to the inner surface of the door (figure 5) at an outer extent of the laterally disposed vertical portion of the side member (figure 5), the forwardly disposed vertical portions of the header member 76 and the footer member configured for connection to the forwardly disposed vertical portion of the side member (figure 7), wherein each of the side members further comprises upper and lower horizontal flanges 84 extending inwardly for connection to the horizontal portions of the header member and the footer member (figure 7), connecting the side members 66, 68 and the upper and lower horizontal flanges of the side members to the header member 70 and the footer member 72 to form a flashing frame defining a space (figure 2), and positioning the flashing frame against the door (figure 2), and securing the flashing frame thereto such that the rearwardly disposed vertical portions of each of the header member and the footer member and the upper and lower horizontal flanges of the side members abut the inner surface of the door (figures 5 and 6).
Regarding claim 12, the step of forming the two opposed side members 66, 68 comprises connecting at least two side member components 84 to form each of the side members.
Regarding claim 13, a step, during or after step d, of introducing an interior finishing material 90, 54, 96 into the space.
Regarding claim 14, the rearwardly disposed vertical portions 74 of the header member 70 and the footer member 72 comprise horizontal flanges (at lower end of 74; figure 6) configured to extend rearwardly, step e further comprising engaging the horizontal flanges with upper and lower surfaces of the door at 22 (figure 6).
Regarding claim 15, the door comprises a hollow tube frame (hollow tubes shown at 104 and between 38 and 40; figure 8), step e further comprising connecting the header member 70, the footer member 72, and the side members 66, 68 to the door by mechanical fasteners at 102 extending into but not through the hollow tube frame (figures 3 and 4).
Regarding claim 16, a step, during or after step d, of introducing an insulating material to the space at 90.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 7 are rejected under 35 U.S.C. 103 as being unpatentable over Aberle (U.S. 2023/0399034) in view of Livingston et al. (U.S. 2005/0073224).
Regarding claim 7, Aberle discloses the claimed invention except for the pre-drilled holes. Livingston et al. teaches that it is known to provide a flashing system with pre-drilled holes for fasteners (see paragraph [0169]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the flashing system of Aberle with pre-drilled holes for fasteners, as taught by Livingston et al., in order to secure elements of the flashing system together in a secure manner that allows for precise aligning of the elements.
pre-drilled holes in the header member, the footer member, and the side members to allow mechanical fastening thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the framework of the container.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NIKI M ELOSHWAY/Examiner, Art Unit 3736
Prosecution Insights