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 .
Continued Examination Under 37 CFR 1.114
The request filed on September 4, 2026 for a Request for Continuing Examination (RCE) under 37 CFR 1.114 is acceptable and an RCE has been established. Any previous finality is hereby withdrawn and a new action on the merits follows. Any newly-submitted claims have been added. An action on the RCE follows.
Drawings
The drawing corrections filed April 8, 2026 and August 10, 2026 have been approved.
Claim Objections
The claims are objected to because recitations such as “an opening, which is arranged in a frame” on lines 1-2 of claim 1 bring the clarity of the claims into question because it is unclear if the applicant is setting forth that the opening is arranged in the frame or is setting forth that the leaf is arranged in the frame.
Claim 1 is objected to because reference characters “X-X” on line 5 and “Y-Y” on line 8 should be enclosed in parentheses.
Recitations such as “a transverse direction” on line 8 of claim 1 bring the clarity of the claims into question because it is unclear to what element of the invention the direction is transverse.
Recitations such as “the closing direction” on line 17 of claim 1 bring the clarity of the claims into question because they lack antecedent basis.
Recitations such as “rotate about the vertical axis” on lines 2-3 of claim 2 bring the clarity of the claims into question because it is unclear what the applicant is attempting to set forth. It appears that the rollers each rotate about separate axes while both of the rollers pivot about the vertical axis. Thus, the above recitation is confusing since the rollers do not rotate about the vertical axis.
On line 5 of claim 2, it is suggested the applicant insert --is-- following “face” to avoid confusion.
Recitations such as “a rear side of the stop face” on line 9 of claim 2 bring the clarity of the claims into question because it is unclear how the deflection element can be arranged at the rear side of the stop face. See figure 5, which appears to show the deflection element 30 being positioned at a front side, in the opening direction, of the stop face 30b.
Recitations such as “behind the roll-off wall” on line 14 of claim 2 bring the clarity of the claims into question because it is unclear how the second roller 4b can be “behind” the roll-off wall. What defines the front of the roll off wall such that the roller is behind the roll off wall? See figure 5, which appears to show the roller 4b on top of the roll off wall 40.
Recitations such as “the first roller rolls off onto the deflection element” on lines 19-20 of claim 2 bring the clarity of the claims into question because it is unclear what element(s) of the invention the first roller is rolling off of.
Recitations such as “the outer contour” on line 2 of claim 6 bring the clarity of the claims into question because they lack antecedent basis.
Recitations such as “an outer side” on line 2 of claim 6 bring the clarity of the claims into question because it is unclear what element of the invention includes the outer side to which the applicant is referring.
Recitations such as “an inner side” on lines 2-3 of claim 6 bring the clarity of the claims into question because it is unclear what element of the invention includes the inner side to which the applicant is referring.
Recitations such as “a deflection element arranged at a front end of the guide rail in the opening direction comes to bear” on lines 7-8 of claim 9 bring the clarity of the claims into question because it is unclear what is causing the deflection element to come to bear on the swivel arm.
Recitations such as “a transverse direction” on line 12 of claim 9 bring the clarity of the claims into question because it is unclear to what element of the invention the direction is transverse.
Recitations such as “further movement of the leaf” on line 14 of claim 9 bring the clarity of the claims into question because it is unclear whether or not the applicant is setting forth another step in the method.
Recitations such as “a direction of the opening” on lines 21-22 of claim 9 bring the clarity of the claims into question because it is unclear if the applicant is referring to the direction of the closed position set forth above or is attempting to set forth another direction in addition to the one set forth above.
Recitations such as “a transverse direction” on lines 26-27 of claim 9 bring the clarity of the claims into question because it is unclear if the applicant is referring to the transverse direction set forth above or is attempting to set forth another transverse direction in addition to the one set forth above.
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 1-10 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.
Recitations such as “the entire swivel arm is aligned roughly . . . in the longitudinal direction” on lines 6-7 of claim 1 render the claims indefinite because the meets and bounds of the claim cannot be ascertained. Note that the swivel arm 2 includes two sections as shown in figure 2 and set forth in claim 7. Thus, it is unclear how the entire swivel arm can be aligned roughly in the longitudinal direction since at least one part of the swivel arm is at a 45 degree angle with respect to another part of the swivel arm as set forth in claim 7 and shown in figure 2. Additionally, the term “roughly” does not adequately define the applicant’s invention. How much does a swivel arm have to extend in the longitudinal direction in order to be referred to as being aligned roughly in the longitudinal direction? Also see “roughly in a transverse direction” on line 8 of claim 1 and “roughly” on line 25 of claim 9.
Recitations such as “so that a guide rail extending along the longitudinal direction into an opening direction” on lines 5-6 of claim 9 render the claims indefinite because it is unclear what the applicant is attempting to set forth. Is the applicant missing a verb which would describe what is happening to the leaf?
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.
Claims 1, 2, 4, 5, 7 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/216704.
With respect to claim 1, WO 2020/216704 discloses a system with a leaf 201 (fig. 1) for closing an opening 202 (fig. 1), which is arranged in a frame 204 (fig. 9), the system comprising:
a swivel arm 6 (fig. 9) fixed on the frame and swivellable about a vertical
axis A6 (fig. 3), a free end (labeled below) of the swivel arm is guided on the leaf 201 in a guide rail 4 extending along a longitudinal direction in an opening direction of the leaf 201 and the entire swivel arm 6 is aligned in a closed position of the leaf 201, as shown in figure 5, in a first position roughly in the longitudinal direction and in an open position of the leaf 201, as shown in figure 10, in a second position roughly in a transverse direction;
a deflection element 36 (fig. 6) on the guide rail 4, which is designed and
arranged such that the deflection element 36 brings about a swivelling of
the swivel arm 6 from the first position into the second position and a
movement of the leaf 201 in the transverse direction, when the leaf 201 is
moved out of the closed position into the open position and the free end of
the swivel arm 6 contacts the deflection element 36; and
a stop face (labeled below) in the guide rail 4, which is designed and arranged
such that the free end of the swivel arm 6 comes to bear on the stop
face when the leaf 201 moves out of the open position in the closing
direction (see figure 13) and the stop face brings about swivelling of the
swivel arm 6 from the second position into the first position and a
movement of the leaf 201 in the transverse direction.
With respect to claim 2, WO 2020/216704 discloses that the swivel arm 6 comprises a first roller 7 (fig. 3) and a second roller 80 (fig. 3), that rotate about the vertical axis A6,
the guide rail 4 comprises a roll-off wall (labeled below) extending parallel to a main extension of the leaf 201 along the longitudinal direction and the stop face (labeled below) arranged at a front end of the guide rail 4 in the opening direction,
the deflection element 36 is arranged in the opening direction at the front end of the guide rail 4 and at a rear side of the stop face (labeled below), wherein
the first roller 7 is arranged outside the guide rail 4, such that in the closed position of the leaf 201 the first roller 7 is arranged in front of the deflection element 36
in the opening direction as shown in figure 5,
the second roller 80 is arranged inside the guide rail 4 behind the roll off wall and rolls off on the roll-off wall,
the components of the system are arranged and aligned with one another such that, when there is a movement of the leaf 201
a. out of the closed position in the opening direction, the first roller 7 rolls off onto the deflection element 36 and brings about swivelling of the swivel arm 6 from the first position into the second position,
b. out of the open position in the closing direction, the second roller 80 comes to bear on the stop face, as shown in figure 13, and brings about swivelling of the swivel arm 6 from the second position into the first position.
With respect to claim 4, WO 2020/216704 discloses that in the first position, the two rollers 7, 80 are arranged beside one another with respect to the longitudinal direction, as shown in figure 5, and in the second position, the two rollers 7, 80, as shown in figure 11, are arranged beside one another obliquely to the transverse direction.
With respect to claim 5, WO 2020/216704 discloses that the guide rail 4 forms a guide track (labeled below), in which the second roller 80 is guided, wherein the guide track comprises a groove, which is limited on a side facing the opening by the roll-off wall (labeled below) and wherein the second roller 80 is guided in the groove and rolls off on an inner side of the roll-off wall.
With respect to claim 7, WO 2020/216704 discloses that the swivel arm 6 is angled with a first section (labeled below), which in the first position runs roughly parallel to the longitudinal direction, as shown in figure 5, and transforms into a second section (labeled below), which runs roughly in the transverse direction angled at roughly 45 degrees to the first section as shown in figure 3.
With respect to claim 8, WO 2020/216704 discloses that the leaf 201 is formed by a door leaf of a vehicle 200 (fig. 1) and the opening is formed by a door opening of the vehicle 200.
Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2824356.
With respect to claim 1, FR 2824356 discloses a system with a leaf 1 (fig. 2) for closing an opening (labeled below), which is arranged in a frame 2 (fig. 2), the system comprising:
a swivel arm 5 (fig. 2) fixed on the frame and swivellable about a vertical
axis (labeled below), a free end (labeled below) of the swivel arm 5 is guided on the leaf 1 in a guide rail 6 (fig. 2) extending along a longitudinal direction in an opening direction of the leaf 1 and the entire swivel arm 5 is aligned in a closed position of the leaf 1, as shown in figure 4, in a first position (labeled below) roughly in the longitudinal direction and in an open position of the leaf 1, as shown in figure 4, in a second position (labeled below) roughly in a transverse direction;
a deflection element (labeled below) on the guide rail 6, which is designed and
arranged such that the deflection element brings about a swivelling of
the swivel arm 5 from the first position into the second position and a
movement of the leaf 1 in the transverse direction, when the leaf 1 is
moved out of the closed position into the open position and the free end of
the swivel arm 5 contacts the deflection element via the rollers 10, 11; and
a stop face (labeled below) in the guide rail 6, which is designed and arranged
such that the free end of the swivel arm 5 comes to bear on the stop
face when the leaf 1 moves out of the open position in the closing
direction (see figure 4) and the stop face brings about swivelling of the
swivel arm 5 from the second position into the first position and a
movement of the leaf 1 in the transverse direction.
With respect to claim 2, FR 2824356 discloses that the swivel arm 5 comprises a first roller 10 (fig. 4) and a second roller 11 (fig. 4), that rotate about the vertical axis,
the guide rail 6 comprises a roll-off wall (labeled below) extending parallel to a main extension of the leaf 1 along the longitudinal direction and the stop face arranged at a front end of the guide rail 6 in the opening direction,
the deflection element is arranged in the opening direction at the front end of the guide rail 6 and at a rear side of the stop face, wherein
the first roller 10 is arranged outside the guide rail 6, such that in the closed position of the leaf 1 the first roller 10 is arranged in front of the deflection element
in the opening direction as shown in figure 4,
the second roller 11 is arranged inside the guide rail 6 behind the roll off wall and rolls off on the roll-off wall,
the components of the system are arranged and aligned with one another such that, when there is a movement of the leaf 1
a. out of the closed position in the opening direction, the first roller 10 rolls off onto the deflection element and brings about swivelling of the swivel arm 5 from the first position into the second position,
b. out of the open position in the closing direction, the second roller 11 comes to bear on the stop face, as shown in figure 4, and brings about swivelling of the swivel arm 5 from the second position into the first position.
With respect to claim 3, FR 2824356 discloses that the deflection element (labeled below) has a convex outer contour, as shown in figure 4.
With respect to claim 6, FR 2824356 discloses that the deflection element (labeled below) forms the outer contour on an outer side and the stop face (labeled below) on an inner side, wherein in the first position, as shown in figure 4, the deflection element is arranged between the two rollers 10 and 11.
With respect to claim 9, WO 2020/216704 discloses a method for opening and closing an opening 202 (fig. 1) which is arranged in a frame 204 (fig. 9), the method including the following steps:
a) opening procedure
moving a leaf 201, which closes the opening, out of a closed position, as shown in figure 5, in a direction of an open position, as shown in figure 15, along a longitudinal direction, so that a guide rail 4 extending along the longitudinal direction into an opening direction of the leaf with a deflection element 36 (fig. 6) arranged at a front end of the guide rail 4 in the opening direction comes to bear on a free end of a swivel arm 6 fixed on the frame and swivellable about a vertical access A6 and thus, with further movement of the free end from a first position, as shown in figure 5, into a second position, as shown in figure 11, brings about a movement of the leaf 201 in a transverse direction out of the opening as shown in figure 11, and
further movement of the leaf 201 in the longitudinal direction until in the open position as shown in figure 15,
b) closing procedure
moving the leaf 201 out of the open position in a direction of the closed position along the longitudinal axis until a stop face (labeled below) in the guide rail 4 comes to bear on the free end of the swivel arm 6 and causes the swivel arm 6 to swivel from the second position, as shown in figure 11, into the first position, as shown in figure 5, and a movement of the leaf 201 in the transverse direction in a direction of the opening 202, and
further movement of the leaf 201 until in the closed position as shown in figure 5.
wherein the entire swivel arm 6 is aligned in the closed position of the leaf 201 in the first position roughly in the longitudinal direction, as shown in figure 5, and in the open position of the leaf 201 in the second position roughly in a transverse direction as shown in figure 11.
With respect to claim 10, WO 2020/216704 discloses that the leaf 201 is formed by a door leaf of a vehicle 200 and the opening 202 is formed by a door opening of the vehicle 200.
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Response to Arguments
Applicant's arguments filed August 10, 2026 have been fully considered but they are moot in view of the new grounds of rejection.
Conclusion
THIS ACTION IS NOT MADE FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
