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
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.
Claim(s) 1-5, 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by JP3179619.
Regarding claim 1, JP discloses a novel (examiner notes that “novel” is not appropriate in a claim, all applicants assume their invention is “novel”) cam action hydraulic door closer comprising:
a door closer housing 30, the door closer housing being provided therein along an axis direction thereof (left to right, in annotated figure 4) with an inner chamber filled with hydraulic oil (abstract);
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a bidirectional piston 51 (figures 3 and 4), the bidirectional piston 51 being movably inserted in the inner chamber and partitioning the inner chamber into a main shaft chamber (adjacent the shaft 42) and a spring chamber (outside the piston 51);
a transmission camshaft 42, an axial direction of the transmission camshaft being perpendicular to an extending direction of the door closer housing (as shown in annotated figure 4), at the same time the transmission camshaft being pivoted in the door closer housing and accommodated in the main shaft chamber; and
a drive spring 54, the drive spring being accommodated in the spring chamber (outside the piston 51), two ends of the drive spring being abutted against the bidirectional piston 51 and the door closer housing respectively (at the end cap), the drive spring being configured to drive the bidirectional piston to be abutted and pressed on the transmission camshaft (as shown in figure 4);
wherein the bidirectional piston 51 is provided therethrough with a fluid channel 514 communicating with the main shaft chamber and the spring chamber (as shown in figure 4), and an overload valve (55 “pressure relief valve”) is installed in the fluid channel (as shown in figure 4);
the overload valve “pressure relief valve 55” is configured in a way that if pressure in the main shaft chamber exceeds a threshold pressure, the overload valve allows the hydraulic oil to flow between the main shaft chamber and the spring chamber (meeting the structural claim language required above, and the functional requirements by the terms used by JP).
Note that 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. MPEP 2114. Examiner notes the phrases in italics above, and throughout the action, are considered intended use. Examiner contends that the structure capable of performing the intended use is met in the prior art, and is described how the structure disclosed performs the claimed functions in the parentheses; therefore, all italicized language is considered and shown in the prior art. Further, examiner notes that the disclosed structure is capable of performing the intended use claimed by applicant.
Regarding claim 2, JP discloses the novel cam action hydraulic door closer as claimed in claim 1, wherein the overload valve comprises: a valve body (as annotated in figure 4), the valve body being installed in the fluid channel 514, at the same time the valve body (as annotated) being provided therethrough with a valve flow channel communicating with the main shaft chamber (as shown in figure 4) and the fluid channel; a valve core member (as annotated), the valve core member being movably disposed in the fluid channel for realizing open or shut of the valve flow channel (in the common manner); and a valve core spring (annotated), the valve core spring being accommodated in the fluid channel (as shown in figure 4), an end of the valve core spring being abutted in the bidirectional piston 51, another end of the valve core spring being abutted against the valve core member for driving the valve core member to shut off the valve flow channel.
Regarding claim 3, JP discloses the novel cam action hydraulic door closer as claimed in claim 1, wherein the door closer housing is equipped with a first bushing (as annotated) correspondingly to a lower end of the transmission camshaft 42; the door closer housing is equipped with a positionally limiting installation seat (annotated) correspondingly to an upper end of the transmission camshaft 42, and at the same time the positionally limiting installation seat is equipped with a second bushing (annotated in figure 4); midpoints of the first bushing and the second bushing are located on a same axis (center of the camshaft 42); the transmission camshaft is inserted in the first bushing and the second bushing.
Regarding claim 4, JP discloses the novel cam action hydraulic door closer as claimed in claim 3, wherein an outer sealing ring (annotated) is disposed between an outer end surface of the positionally limiting installation seat and the door closer housing; an inner sealing ring (annotated) is disposed between an inner end surface of the positionally limiting installation seat and the transmission camshaft.
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Regarding claim 5, JP discloses the novel cam action hydraulic door closer as claimed in claim 1, wherein the novel cam action hydraulic door closer further comprises two fastening installation members 32 (figure 1); the two fastening installation members are respectively disposed at two ends of the door closer housing symmetrically (as shown in figure 1); at the same time the fastening installation member and the door closer housing are fastened to each other by several fastening screws (as shown in figure 1).
Regarding claim 8, JP discloses the novel cam action hydraulic door closer as claimed in claim 1, wherein the door closer housing comprises: a housing main body 30, the housing main body being hollow inside and having two lateral openings (plugged by end caps 36), the transmission camshaft being pivoted to the housing main body 30; and two sealing end caps 36 (figure 4), the two sealing end caps being fixedly disposed on the two lateral openings of the housing main body respectively to form the inner chamber in an enclosed manner, an end cap sealing ring (as annotated in figure 4 above) being disposed between an outer end surface of the sealing end cap and the housing main body.
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) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP as applied to claims 1-5, 8 above, and further in view of 2994906 Check.
Regarding claim 6, JP discloses the novel cam action hydraulic door closer as claimed in claim 5, wherein the fastening installation member 32 comprises a door body connecting plate (with through holes that engage door 12) and a housing connecting plate (with through holes engaging body 30, figure 1), which are formed integrally (and are planar); the door body connecting plate and fastened to a door body 12 by several fastening screws 23-24; the housing connecting plate and fastened to the door closer housing 30 by several fastening screws 23-24.
JP does not disclose that the two connecting plates are “configured in an L shape” such that the door plate is “disposed horizontally” and the housing plate is “disposed vertically”. JP discloses that the door plate is generally coplanar with an edge of the housing 30, but that the housing plate is on the same edge of the housing, rather than a perpendicular edge of the housing as disclosed by applicant.
Check discloses a door closer with body 21 and installation members 26, the installation members having a door connecting plate (with holes 27) and a housing plate (with hole 39), which are configured in an L shape and are integral.
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the structure of a flat mounting plate of JP to an L-shaped mounting plate as taught by Check, as these are equivalent shapes that allows the door plate to be generally coplanar with an edge of the closer housing, which is shown in both JP and Check. A change of shape is considered a matter of choice. See MPEP 2144.04 (IV) (b). Examiner contends that these are known equivalents and are used for the same purpose within the ordinary skill in the art. See MPEP 2144 (I): “rationale to modify or combine the prior art does not have to be expressly stated in the prior art…it may be reasoned from knowledge generally available to one of ordinary skill in the art”.
Regarding claim 7, JP as modified discloses the novel cam action hydraulic door closer as claimed in claim 6, wherein the door body connecting plate (which is coplanar with the housing, as taught by both JP and Check) and the housing connecting plate (coplanar with housing in JP and perpendicular in Check) are both provided therethrough with fastening holes for disposing the fastening screws (as shown in JP and Check).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892. Please also see cases cited to related case 18/976739; TW reference included herein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677
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