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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 8/11/26 is acknowledged.
Claims 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/11/26.
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:
Track with a cavity formed therein comprising an upper base, at least one side wall with at least one lower rail extending from one sidewall and the lateral portion extending laterally inward from the same one sidewall (Claims 6 and 8)
Claim 8 depending from claim 6 requires an upper base distinct from the sidewall as well as the lower rail and lateral portion both extending from the same sidewall while the disclosure depicts the upper base separating the sidewall with the lower rail from another structure comprising the lateral portion
Lateral portion extending from the at least one sidewall which has a lower rail extending therefrom (Claim 8)
Sidewall 92 is separated by upper base 94 from the lateral portion
Claim 6 defines the claimed ‘at least one side wall’ as having the lower rail extending therefrom and claim 8 references the same “the at least one sidewall”
An overhang portion extending from the at least one sidewall from which the lower rail extends (claim 9)
A second and distinct sidewall separated from the first at least one sidewall by the upper base and from which the lateral portion extends and the overhang is formed (if applicant intends to claim the depicted embodiment such as in Fig. 4)
Para. 0051 indicates the sidewall 92 extends between upper base 94 and lower base 90
Lateral portion comprising a lateral projection extending ‘inward’ from an overhang portion which limits the height of the opening and which extends from the same sidewall from which the lower rail extends (Claim 12)
Applicant’s disclosure indicates that the lateral projection extends from an overhang which extends downwardly from the upper base and is separated from the sidewall by the upper base
Lower rail with a cavity formed therein and which has a channel formed therein (Claim 20)
For the purpose of examination claim 20 is being interpreted as requiring a cavity formed by the track and a channel in the lower rail
A track guide provided by the channel of the track rail (Claims 4 and 20)
Applicant’s disclosure only indicates guide 52 which isn’t part of the lower rail and doesn’t receive the rollers/wheels
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
Claims 2, 8 and 20 are objected to because of the following informalities:
Claims 2 and 20 require a “side opening facing laterally inward” without the claims defining the shape/structure of the track and what would be considered ‘laterally inward’. For the purpose of examination the claim limitation is being interpreted as requiring the opening be perpendicular to the ground.
Claim 8 requires that “the lateral portion extends laterally inward from the at least one sidewall”. The claims do not establish a specific track shape, where the sidewall is located or define what would be considered ‘inward’. Claim 8 also references the same sidewall from claim 6 which is defined as having a lower rail extending therefrom. However the figures do not depict a lateral extension extending from this sidewall.
For the purpose of examination any lateral projection which extends from a sidewall laterally into a track volume where a roller is configured to install/operate will be considered to satisfy the claim language.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 11-12 and 20 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.
Claim 11 recites the limitation "the lower base" in line 2. There is insufficient antecedent basis for this limitation in the claim.
An upper base and a lower rail have previously been claimed but not a lower base.
Claim 12 requires that the lateral portion is a lateral projection extending inward from the overhang portion. Claim 12 depends from claim 9 which depends from claim 8 and already defines the lateral portion as extending inward from said sidewall which the overhang extends from.
Applicant’s claim language defines “at least one sidewall” and then further defines other structures in reference to ‘the at least one sidewall’ which results in the claims referencing back to a singular sidewall. The overhang has been defined as extending from this one sidewall and the lateral portion has been defined as extending from said same one sidewall in claim 6. For the lateral portion to extend from both the sidewall and the overhang that itself extends from the sidewall the language ‘extends…from’ must not require a direct physical connection (physically extending directly from a structure) even through that is what the claim language would imply.
As such the claim language is indefinite as it is unclear as to whether Applicant is claiming multiple lateral portions attached at different locations, if Applicant is claiming multiple sidewalls without distinctly defining and referencing them, if Applicant is applying definition of ‘extends from’ not defined in the claims or if Applicant is claiming something else.
For the purpose of examination any lateral portion which extends from the sidewall (as required by intervening claim 6) and comprises a lateral projection will be considered to satisfy the requirements of claim 12.
Claim 20 recites the limitation "the lower base" in line 10. There is insufficient antecedent basis for this limitation in the claim.
An upper base and a lower rail have previously been claimed but not a lower base.
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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0003064 (Veilleux) in view of US 2,821,738 (McDonald).
Regarding claim 1, Veilleux discloses a shower door assembly comprising:
a track (20; Figs. 3-5) with a cavity formed therein and an opening for access to the cavity (Fig.4, annotated below);
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a later portion (72/73/75) extending from the track and into the cavity (Fig. 4);
a shower door pane (12/328); and
a pair of wheels (82; Figs. 7-8 – one roller/wheel at each end of each pane) mounted for rotation upon the shower door pane, each of the pair of wheels sized to be received in the track for translation along the track (Fig. 5, Para. 0096), wherein an upright clearance of each of the pair of wheels within the cavity is limited by the later portion to prevent the pair of wheels from accidentally sliding off the track (Para. 0092).
Veilleux, however does not disclose how he shower door pane and rollers are installed/mounted onto the track and as such does not disclose if the lateral portion and cavity are configured to facilitate installing the wheels at an angle while still limiting vertical displacement once installed.
McDonald teaches a track for a rolling door comprising a track (30) having a cavity accessible through an opening (Figs. 1-2; Annotated figure below indicates cavity of one rail and opening on another for clarity however it is noted each has a cavity with an opening).
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A roller/wheel (34/36) coupled to a door pane (54/56) is installed/mounted into the cavity though the opening and the cavity comprises a depressed section (16/18) configured to prevent derailment of the wheel/roller by limiting vertical movement of the wheel/roller (C2 L39-41). McDonald further teaches that the opening, cavity and vertical limiting depressed section facilitates installing and removing the wheels/rollers in an angled orientation while preventing their removal in a vertical orientation (C3 L51-C4 L10).
It would have been obvious to one of ordinary skill in the art to configure the track and lateral portion such that they provide sufficient clearance for insertion of a wheel at an angled orientation while preventing their removal in a vertical orientation, as taught by McDonald, to maintain the functionality of the lateral portion in preventing accidental derailment/removal while also facilitating simplified installation/removal of the door panes/wheels by not requiring disassembly of any track components and/or permitting removal/installation after track installation in the bathroom for maintenance/cleaning.
Regarding claim 2, Veilleux states that the opening is a side opening facing laterally inward (Fig. 4, annotated below. The lateral sides of the track cavities are open and provide direct lateral access into the cavity).
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Regarding claim 3, Veilleux states that the lateral portion bounds an upper limit of translation of the pair of wheels within the cavity as previously discussed (Para. 0092).
Regarding claim 4, Veilleux states that the opening provides access to a channel (74) which provides a track guide for receipt of the pair of wheels (Para. 0092).
Regarding claim 5, Veilleux states that the lateral portion is placed at a height which facilitates movement of the rollers in the track but which prevents its direct removal through the side opening (Para. 0092) while McDonald teaches the provision of a lateral portion limiting vertical movement of a door roller in a track which also prevents the wheel from being inserted/removed perfectly vertically as previously discussed. As such Veilleux in view of McDonald established the opening to the track being formed at a height less than the vertical height of the roller thereby necessitating an angular removal/installation to prevent accidental derailment.
Regarding claim 6, Veilleux states that the track further comprises an upper base (36/40/42), at least one sidewall (26/32/34) and at least one lower rail (62/64) extending from the at least one sidewall (Fig. 4 – parts 66/68/70 form the lower rail) and wherein the channel is formed in the at least one lower rail (Para. 0092).
Regarding claim 7, Veilleux states that the lateral portion is spaced apart from the upper base (Fig. 4).
Regarding claim 8, Veilleux states that the lateral portion extends laterally inward from the at least one sidewall (Fig. 4 – the later portion extends from the sidewall and into the cavity in a lateral direction and as such extends laterally inward).
Regarding claim 9, Veilleux further states the inclusion of an overhang portion (44/46/48) extending from the at least one sidewall to bound an upper limit of the opening (Fig. 4. In so much as Applicant’s invention discloses this - a downward extension from the upper base positioned at the opening which reduces the maximum height of the opening from the position of the upper base to a lower point).
Regarding claim 10, Veilleux states that the lateral portion is spaced apart from the opening within the cavity (Fig. 4).
Regarding claim 11, Veilleux states that the lateral portion is paced apart from a lower base (38) (Fig. 4).
Regarding claim 12, Veilleux states that the lateral portion comprises a lateral extension extending inward from the sidewall and as such it extends inward from the overhang (See 35 USC 112 rejection section above - in so much as Applicant’s lateral portion extends from both the sidewall and the overhang).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Veilleux in view of McDonald as applied to claim 1 above, and further in view of US 11,877,707 (Simek).
Regarding claims 13-14, Veilleux states the provision of a shower door assembly comprising an upper track with a lower channel that supports a roller mounted to a shower door and an upper limiter in the form of a lateral projection forming a limited side opening while McDonald teaches installing a door into such a track at an angle to facilitate installation/removal/maintenance without disassembly of the track as previously discussed. Veilleux further states the provision of a shower threshold/lower track (280) and which supports a guide (299) which is installed after the shower doors/panes are installed and which forms a channel (301) between opposing walls (Fig. 44) sized to receive a lower end of the shower door pane (Para. 0120, door channel 301). However Veilleux does not explicitly state the use of the door channel/guide or details of its construction.
Simek teaches a shower door assembly comprising an upper track (18) which supports a roller (26/32) of a shower door pane (24) and which has a limited opening into the track (28) requiring the pane/roller to be tilted/angled for installation and removal (Fig. 1-3) and which limits the vertical translation of the roller in the track a distance/height (C). Simek further teaches that after installation of the doors a guide (52) can be installed onto a lower track (50) comprising channels (58/82) configured to overlap the lower end of the shower door pane by a distance/height (D) greater than the limited vertical translation (C) of the roller in the upper track to prevent ‘rotation’ (angling of the shower pane and roller) of the shower door pane relative to the track (C4 L48- C5 L3).
It would have been obvious to one of ordinary skill in the art to configure the guide installed after the shower door panes such that its height sufficiently prevents rotation of the installed shower door pane in the upper track, as taught by Simek, to further prevent accidental derailment/removal of the shower panes during use and to prevent intentional removal while the guide is in place (vandalism, theft, unauthorized personnel).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Veilleux in view of McDonald and Simek.
Regarding claim 20, Veilleux discloses a shower door assembly comprising:
a track (20; Figs. 3-5) comprising:
an upper base (36/40/42),
at least one sidewall (26/32/34),
an cavity formed in the track (annotated figure below),
an opening for access to the cavity facing laterally inward (annotated figure below),
at least one lower rail (62/64) extending from the at least one sidewall (Fig. 4 – parts 66/68/70 form the lower rail), and
wherein a channel (74) is formed in the at least one lower rail and acts as a track guide for rollers/wheels (Para. 0092),
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a lateral portion (72/73/75) extending from the track and into the cavity (Fig. 4), wherein the lateral portion is spaced apart from the upper base (Fig. 4), wherein the lateral portion extends laterally inward from the at least one sidewall (Fig. 4), wherein the lateral part is spaced apart from the opening within the cavity (Fig. 4) and wherein the lateral part is spaced apart from a lower base (38);
an overhang portion (44/46/48) extending from the at least one sidewall to bound an upper limit of the opening (Fig. 4. In so much as Applicant’s invention discloses this - a downward extension from the upper base positioned at the opening which reduces the maximum height of the opening from the position of the upper base to a lower point);
a shower door pane (12/328); and
a pair of wheels (82; Figs. 7-8 – one roller/wheel at each end of each pane) mounted for rotation upon the shower door pane, each of the pair of wheels sized to be received in the channel for translation along the track (Fig. 5, Para. 0096), wherein an upright clearance of each of the pair of wheels within the cavity is limited by the lateral portion to prevent the pair of wheels from accidentally sliding off the track (Para. 0092); and
a shower threshold/lower track (280) and which supports a guide (299) which is installed after the shower doors/panes are installed and which forms a channel (301) between opposing walls (Fig. 44) sized to receive a lower end of the shower door pane (Para. 0120, door channel 301).
Veilleux, however does not disclose how he shower door pane and rollers are installed/mounted onto the track and as such does not disclose if the lateral portion and cavity are configured to facilitate installing the wheels at an angle while still limiting vertical displacement once installed. Veilleux does not explicitly state the use of the door channel/guide or details of its construction.
McDonald teaches a track for a rolling door comprising a track (30) having a cavity accessible through an opening (Figs. 1-2; Annotated figure below indicates cavity of one rail and opening on another for clarity however it is noted each has a cavity with an opening).
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A roller/wheel (34/36) coupled to a door pane (54/56) is installed/mounted into the cavity though the opening and the cavity comprises a depressed section (16/18) configured to prevent derailment of the wheel/roller by limiting vertical movement of the wheel/roller (C2 L39-41). McDonald further teaches that the opening, cavity and vertical limiting depressed section facilitates installing and removing the wheels/rollers in an angled orientation while preventing their removal in a vertical orientation (C3 L51-C4 L10).
It would have been obvious to one of ordinary skill in the art to configure the track and lateral portion such that they provide sufficient clearance for insertion of a wheel at an angled orientation while preventing their removal in a vertical orientation, as taught by McDonald, to maintain the functionality of the lateral portion in preventing accidental derailment/removal while also facilitating simplified installation/removal of the door panes/wheels by not requiring disassembly of any track components and/or permitting removal/installation after track installation in the bathroom for maintenance/cleaning.
Simek teaches a shower door assembly comprising an upper track (18) which supports a roller (26/32) of a shower door pane (24) and which has a limited opening into the track (28) requiring the pane/roller to be tilted/angled for installation and removal (Fig. 1-3) and which limits the vertical translation of the roller in the track a distance/height (C). Simek further teaches that after installation of the doors a guide (52) can be installed onto a lower track (50) comprising channels (58/82) configured to overlap the lower end of the shower door pane by a distance/height (D) greater than the limited vertical translation (C) of the roller in the upper track to prevent ‘rotation’ (angling of the shower pane and roller) of the shower door pane relative to the track (C4 L48- C5 L3).
It would have been obvious to one of ordinary skill in the art to configure the guide installed after the shower door panes such that its height sufficiently prevents rotation of the installed shower door pane in the upper track, as taught by Simek, to further prevent accidental derailment/removal of the shower panes during use and to prevent intentional removal while the guide is in place (vandalism, theft, unauthorized personnel).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2,726,420 (Kemp) teaches a door hanger assembly comprising an upper track which receives a roller of the door and which has an opening of a height less than the roller thereby requiring an angled insertion.
US 6,023,794 (Nein) teaches a shower door assembly comprising an upper track for supporting rollers of the shower door and which is provided with wheel stays which limit vertical displacement of the roller except at specific locations.
US 9,486,114 (Ball) teaches a shower door assembly with an upper track for receiving a roller of the shower doors and a lateral portion above the track channel for preventing derailment.
US 9,974,415 (Ball2) teaches a shower door assembly comprising an upper track for receiving rollers of the shower doors having a lower channel for the roller and an upper limiter for avoiding derailment as well as a lower track with a guide having channels for receiving the lower end of the door panes and maintaining them in a vertical orientation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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