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 § 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 1-6, 8-11, and 13-17 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 1 recites the limitation " a service configuration in which the movable portion is in the service position…" in lines 24-25. There is insufficient antecedent basis for this limitation in the claim as there were no previously introduced service positions. Examiner will interpret phrase as referring to a position within the service configuration wherein the movable portion is accessible to perform servicing on. Appropriate correction is advised.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-7, 9, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Skotty (US 20210032921 A1).
Claim 1
Skotty teaches: A drive unit (12) for driving a panel-lift door (20);
wherein the drive unit (12) is mountable above an eyeline of an operator having a view (above avg eye level over standard door, see Fig. 1);
the drive unit (12) comprises:
a motor unit (74) that lifts the door (20);
a housing (34, 36, 40, 42) comprising a movable portion (82) that moves from an operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to a service position (unsealed position allowing battery 70 to be removed, see fig. 8); and
one or more key components (battery 70, logic board 64) carried by the movable portion (82);
each of the one or more key components (battery 70, logic board 64) carried by the movable portion (82) is one of:
a battery (70);
a motor controller (64) that controls the motor unit (74);
a transformer (62) that transforms mains supply to power (60) the motor unit (note: transformer is not in 82 however, battery 70 and logic board 64 which are, meet key component requirement);
an electronic user-interface (94 comprised in logic board 64) that defines, or sits behind, a user contactable portion to
interface with a user;
a lighting unit (note: lighting unit 64 is not in 82 however, battery 70 and logic board 64 which are, meet key component requirement); or
an arrangement of light sources (note: lighting sources 66 is not in 82 however, battery 70 and logic board 64 which are, meet key component requirement);
the housing (34, 36, 40, 42) is reconfigurable in situ from:
an operative configuration (when drive unit 12 is mounted, battery 70 is contained and sealed in cover 82, and electrical cord 58 is plugged in) in which the movable portion (82) is in the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) and the housing (34, 36, 40, 42) shields, the motor unit (74) and the one or more key components (battery 70, logic board 64) carried by the movable portion (82), from the view of the operator; and a service configuration (when drive unit 12 is dismounted, cover 82 is opened at the very least and further when electrical cord 58 is unplugged and housing is disassembled) in which the movable portion (82) is in the service position (unsealed position enabling battery 70 to be removed, see fig. 8) and at least one of:
a) the motor unit (note: motor unit 74 is not in 82 however, battery 70 and logic board 64 which are, meet key component requirement) or
b) at least one of the one or more key components (battery 70, logic board 64) carried by the movable portion (82) is removable.
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Claim 3/1
Skotty teaches: The drive unit (12) of claim 1 wherein the movable portion (82) carries the battery (70).
Claim 4/1
Skotty teaches: The drive unit (12) of claim 1 wherein the movable portion (82) carries the motor controller (64).
Claim 5/1
Skotty teaches: The drive unit (12) of claim 1 wherein the service configuration (when drive unit 12 is dismounted, cover 82 is opened at the very least and further when electrical cord 58 is unplugged and housing is disassembled) is a configuration in which the motor unit (74) is removable.
Claim 6/1
Skotty teaches: The drive unit (12) of claim 1 comprising one or more threaded fasteners by which the motor unit (74) is mounted (as seen in fig. 10);
wherein the one or more threaded fasteners each has a head accessible from below (below the chassis 30) by which the fastener is removable to remove the motor unit (74) from the drive unit (12) in situ.
Claim 9/1
Skotty teaches: The drive unit (12) of claim 1 wherein the movable portion (82) turns from transverse-to-upright (outer face of 82 being perpendicular to upright direction 260) in the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to upright (outer face of 82 being parallel to upright direction 260) in the service position (unsealed position allowing battery 70 to be removed, see fig. 8).
Claim 10/1
Skotty teaches: The drive unit (12) of claim 1 wherein the movable portion (82) is hinged (via hinge 150, see fig. 8) to turn from the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to the service position (unsealed position allowing battery 70 to be removed, see fig. 8).
Claim 7
Skotty teaches: A drive unit (12) for driving a panel-lift door (20);
wherein the drive unit (12) is mountable above an eyeline of an operator;
the drive unit (12) comprises:
a motor unit (74) that lifts the door (20); and
a housing (34, 36, 40, 42);
the housing (34, 36, 40, 42) comprises a movable portion (82) that moves from an operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to a service position (unsealed position allowing battery 70 to be removed, see fig. 8);
the housing (34, 36, 40, 42) is reconfigurable in situ from:
an operative configuration in which the movable portion (82) is in the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) and the housing (34, 36, 40, 42) shields the motor unit (74) from the view of the operator; and
a service configuration in which the movable portion (82) is in the service position (unsealed position allowing battery 70 to be removed, see fig. 8) and the motor unit (74) is removable;
the drive unit (12) comprises one or more threaded fasteners by which the motor unit (74) is mounted (as seen in fig. 10);
wherein the one or more threaded fasteners each has a head (fastener head accessible from below chassis as illustrated in Fig. 10) accessible from below by which the fastener is removable to remove the motor unit (74) from the drive unit (12) in situ.
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Skotty in view of
Chu (US4595228A).
Claim 2/1
Skotty teaches: The drive unit (12) of claim 1 but does not disclose: wherein the movable portion (82) defines a floor of the housing (34, 36, 40, 42).
This configuration however is novel within the art of the claimed invention. Chu for example teaches, in the context of a garage door drive unit, a movable door 30 pivotally coupled to a housing 20, wherein the door 30 encloses and defines a floor for the housing 20 (col. 2, lines 67-68).
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It would have been obvious to a person having ordinary skill In the art at the time the claimed invention was filed to modify Skotty’s moveable portion as a bottom/floor defining portion of the housing, as taught by Chu, in order to provide convenient access to components located within the housing from below while maintaining the components enclosed during normal operation, which is especially an easier method to service a drive unit compared to Skotty’s method which requires removal of the entire housing structure from the wall bracket in order to access components.
Claim(s) 8, 13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skotty in view of Glanz (WO 2016180524 A1).
Claim 8/6/1
Skotty teaches: The drive unit (12) of claim 6 wherein the motor unit (74) comprises:
a bracket (labeled below) through which the one or more threaded fasteners (labeled below) upwardly pass; a gear box housing (34, 36, 40, 42);
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Although Skotty offers some engagement mechanism to attach the gearbox illustrated in Fig. 10 to the bracket, Skotty does not expressly disclose: the gear box housing comprising bores; and further threaded fasteners passing downwardly through the bracket and engaging the bores to fasten the gear box housing to the bracket.
A person having ordinary skill in the art however would recognize this arrangement as being a common arrangement within the art of the claimed invention, achieved through fastening means. Glanz for instance, teaches a garage door drive unit with a housing 1 that comprises a motor unit 42 connected to a gear box 40. As illustrated in Glanz’s Fig. 28-29, the gear box housing comprises of integrally formed connecting pieces 45, comprised of internal threads that serve to receive threaded fasteners 28 that fasten the motor gear unit to a bracket 38 (description, para. 56). The bracket comprises additional bores 43 used to fasten the gear box housing portion 5 to the bracket.
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It would have been obvious to a person having ordinary skill in the art at the time the claimed invention was filed to have provided the gear box housing of Skotty with bores and further threaded fasteners passing downwardly through the bracket and engaging the bores to fasten the gear box housing to the bracket. Such a modification would be advantageous in ensuring a secure means of attaching the gear box to the housing.
Claim 13/1
Skotty teaches: The drive unit (12) of claim 1 but does not expressly disclose the drive unit as comprising a lighting arrangement, of optical diffusing portions outboard of light sources, running about at least most of a periphery of the drive unit.
Glanz discloses a garage door unit 32 having a housing, wherein strip-shaped lighting devices 33 are integrated into the lower housing part 3. Glanz further discloses that the lighting devices may extend along the lateral radii and toward an end wall, thereby extending along peripheral portions of the drive device housing. Glanz teaches that the lighting devices are preferably implemented using LED technology and are provided behind a translucent cover. As illustrated in Figs. 18 and 19, removal of the translucent cover exposes a plurality of discrete LEDs distributed along the strip shaped lighting device 33. The translucent cover therefore constitutes an optical diffusing portion positioned outward of the LED light sources.
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Thus, Glanz teaches a lightening arrangement having optical diffusing portions outboard of light sources and extending about at least most of the periphery of the drive unit. It would have been obvious to a person having ordinary skill in the art at the time the claimed invention was filed to provide the lighting arrangement with optical diffusing portions outboard of the light sources and extending along at least most of the periphery of the drive unit in order to provide more uniform, widespread illumination of the surrounding garage space and reduce localized or shadowed areas associated with a centrally or directionally positioned light source.
Claim 15/13/1
Skotty as modified by Glanz teaches: The drive unit (12) of claim 13 wherein the lighting arrangement encircles the periphery (LED strip spaced along periphery in Figs. 18 and 19).
Claim 16/13/1
Skotty as modified by Glanz teaches: The drive unit (12) of claim 13 comprising an LED strip defining the light sources (exposed strip seen in Fig. 19).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skotty as modified by Glanz in view of Kerr (EP2732729B1)
Claim 14/13/1
Skotty as modified by Glanz teaches: The drive unit (12) of claim 13 but is silent to: wherein the movable portion (82) carries the lighting arrangement.
Kerr notably teaches a lighting unit 150 that carries an LED strip 180 and diffuser 160, wherein the lighting unit 150 is pivotably mounted by a hinged connection 178 and is movable between a display position as seen in Fig. 3B wherein the lighting unit is closed and a service position as seen in Fig. 4B wherein the lighting unit is open.
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It would have been obvious to a person having ordinary skill in the art at the time the claimed invention was filed to modify Skotty as modified by Glanz such that a similar lighting arrangement 33 taught by Kerr is carried by the hinged movable portion 82 taught by Skotty, thereby permitting the lighting arrangement to move with the hinged portion and facilitating access to the lighting arrangement to move with the hinged portion and facilitating access to the lighting arrangement for servicing or maintenance of components within the drive unit taught by Skotty.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skotty as modified by Glanz in view of Chamberlin (US2016290571A1).
Claim 17/13/1
Skotty as modified by Glanz teaches: The drive unit (12) of claim 13 but does not expressly disclose: comprising an integrally formed ring defining the optical diffusing portion
Chamberlain conversely teaches an LED light source 10 provided with an integral volumetric diffuser 48 for diffusing light emitted by LEDs 44 in the light source.
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It would have been obvious to form Glanz’s translucent diffuser as an integrally formed diffuser body, including a ring-shaped configuration corresponding to the peripheral LED arrangement, in order to provide a simple, continuous optical diffuser and uniform light distribution around the lighting arrangement.
Claim(s) 11and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skotty in view of Scharwaechter (DE7338887U).
Claim 11/1
Skotty teaches: The drive unit (12) of claim 1 comprising a fixed portion (portion of 34 independent of 82); wherein the movable portion (82) is hinged (via hinge 150), to turn from the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to the service position (unsealed position allowing battery 70 to be removed, see fig. 8), by a concealed hinge mechanism (hinge 150 concealed behind 172);
Skotty however does not expressly disclose the hinge mechanism as comprising an intermediate member connected to pivot relative to the each of the fixed portion and the movable portion about respective mutually parallel pivot axes.
Scharwaechter notably teaches the concept of a concealed type of hinge having an intermediate part 3 disposed between fixed portion 8 and movable hinge portions 4, and 5, wherein the respective hinge portions are pivotably connected to the intermediate part about two mutually parallel pivot axes. Scharwaechter describes the intermediate part as supporting the hinge portions through the respective pivot axes and expressly identifies the two axes as parallel pivot axes.
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It would have been obvious to modify Skotty’s concealed hinge mechanism 150 to incorporate the intermediate member, dual pivot axis construction of Scharwaechter, thereby providing controlled movement of the movable cover about mutually parallel pivot axes while maintaining the hinge mechanism concealed within the housing.
Claim 12
Skotty teaches: A drive unit (12) for driving a panel-lift door (20);
wherein the drive unit (12) is mountable above an eyeline of an operator;
the drive unit (12) comprises:
a motor unit (74) that lifts the door; and
a housing (34, 36, 40, 42);
the housing (34, 36, 40, 42) comprises a movable portion (82) that moves from an operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to a service position (unsealed position allowing battery 70 to be removed, see fig. 8);
the housing (34, 36, 40, 42) is reconfigurable from:
an operative configuration in which the movable portion (82) is in the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) and the housing (34, 36, 40, 42) shields the motor unit (74) from the view of the operator; and
a service configuration in which the movable portion (82) is in the service position (unsealed position allowing battery 70 to be removed, see fig. 8) and the motor unit (74) is accessible;
the drive unit (12) comprises a fixed portion;
the movable portion (82) is hinged, to turn from the operative position (sealed position allowing battery 70 to power drive unit, see fig. 6) to the service position (unsealed position allowing battery 70 to be removed, see fig. 8), by a concealed hinge mechanism (hinge 150 concealed behind 172)
Skotty however is silent to: the concealed hinge mechanism comprising an intermediate member connected to pivot relative to the each of the fixed portion and the movable portion about respective mutually parallel pivot axes.
Scharwaechter notably teaches the concept of a concealed type of hinge having an intermediate part 3 disposed between fixed portion 8 and movable hinge portions 4, and 5, wherein the respective hinge portions are pivotably connected to the intermediate part about two mutually parallel pivot axes. Scharwaechter describes the intermediate part as supporting the hinge portions through the respective pivot axes and expressly identifies the two axes as parallel pivot axes.
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It would have been obvious to modify Skotty’s concealed hinge mechanism 150 to incorporate the intermediate member, dual pivot axis construction of Scharwaechter, thereby providing controlled movement of the movable cover about mutually parallel pivot axes while maintaining the hinge mechanism concealed within the housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED F SECK whose telephone number is (571)272-4638. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached at (571) 272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED F SECK/ Examiner, Art Unit 2834
/CHRISTOPHER M KOEHLER/ Supervisory Patent Examiner, Art Unit 2834
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