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 were received on 12/1/2025. These drawings are acceptable.
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.
Claim(s) 1-9 and 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent 9127503 to Petta (hereinafter Petta) in view of US PG Pub 2021/0140226 to Kendall (hereinafter Kendall) and US patent 11542746 to Header (hereinafter Header).
Regarding claim 1, the threshold is shown in Petta in the embodiment of figures 1-10 (examiner notes Petta shows different configurations similar to applicant’s but as different embodiments with different reference numerals, for simplicity examiner will use reference numerals from configuration of figure 3 with other reference numerals where not shown in figure 3) with
a base threshold portion (112), wherein the base threshold portion comprises a base attachment receiving mechanism at a first end (left side figure 3, with engagement for 384) and a slope portion at a second end (right side figure 3);
a bumper adapter (114) coupled to the base threshold portion (112), wherein the bumper adapter is positioned to restrict movement of a door (115) during usage (see figure 2).
However, Petta is silent as to a weep hole and shows seals on the door and bumper rather than the base.
A base seal is shown in in Kendall in the embodiment of figure 2 where base (12) has seal (72,75).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the threshold of Petta with the seal of Kendall because seals on both door and sill were known and the seal on the sill allows for easy replacement (via tab 72 in Kendall).
A weep hole arrangement is shown in Header in figures 2-3 where base (31) has at least one weep hole (shown defining drain path P1). When provided with the weep hole arrangement of Header and the sill seal of Kendall, a weep hole of the base portion (112) of Petta would be in the seal receiving area (i.e. seal receiving area in Kendall includes low point as shown in figure 2 and the weep hole in Header is in a low point as shown in figure 3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the threshold of Petta with the weep hole arrangement of Header because weep holes provided the known benefit of improved drainage of water to the exterior.
Regarding claim 2, threshold (308) further includes a slope back adapter (386) providing a sloped surface opposite (i.e. on the opposite side of, left in figure 3) the slope position of the base threshold portion (112) in Petta.
Regarding claim 3, the slope back adapter (386) is coupled (via 384) to the base threshold (112) in Petta.
Regarding claim 4, the threshold (308) further comprises an extension adapter (384) between slope back adapter (386) and base portion (112) in Petta.
Regarding claim 5, the extension adapter (384) comprises an extension attachment receiving mechanism (unnumbered coupling at left end in figure 3) at a first end (left) and an extension attachment mechanism (unnumbered coupling at right end in figure 3) at a second end (right), the extension attachment receiving mechanism (left) couples with the slope back adapter (386) and the extension attachment mechanism (right) couples with the base portion (112) in Petta.
Regarding claim 6, the seal (72,75) is a bulb seal (75) and includes an attachment section (72) in Kendall.
Regarding claim 7, the threshold includes an inswing adapter (1016) where the base (1012) is coupled to the inswing adapter in Petta.
Regarding claim 8, when provided with the weep hole arrangement of Header, the inswing adapter (1016) would have weep holes to allow for proper drainage to the exterior in Petta.
Regarding claim 9, when provided with the weep hole arrangement of Header, the weep hole in the base portion (112) would be below (at least below 140) the bumper portion (114) in Petta.
Regarding claim 11-19, the method steps would inevitably follow the apparatus as rejected above.
Allowable Subject Matter
Claims 21 and 22 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.
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
In regards to applicant’s arguments directed to the drawing objections, examiner notes the replacement drawings are acceptable as indicated above.
In regards to applicant’s arguments directed to the 103 rejections, examiner disagrees that the combination of Petta, Kendall, and Header does not read over the placement of the weep holes as argued by applicant. As shown in Header figure 3, the weep hole (31c) defining the beginning of path (P1) on the interior side is at the low point of a trough (31x). The seal receiving recess as shown in figure 2 of Kendall is a similarly formed trough forming a low point. As such, examiner maintains as detailed above that in combination the weep hole location is read over.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/Primary Examiner, Art Unit 3619
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