DETAILED ACTION
The replacement figures filed June 15, 2026 have been approved.
The amendments to the specification filed June 15, 2026 have been approved.
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 Objections
Claims 1, 5, 8, 9, 11, 13 and 20 are objected to because of the following informalities:
Claim 1, line 4 – shouldn’t “an top panel” be amended to “a top panel”
Claim 5, line 2 – shouldn’t “the outside panel” be amended to “an outside panel”
Claim 8, lines 1-2 – shouldn’t “the outside panel” be amended to “an outside panel”
Claim 9, line 7 – shouldn’t “attached panel” be amended to “the attached panel”
Claim 11, lines 2-3 – shouldn’t “the outside panel” be amended to “an outside panel”
Claim 13 – shouldn’t the claim be amended to read “a distal end of a cable is connected to one of the pair of vertical side frame members of one of the plurality of panels”
Claim 20, line 4 – shouldn’t “he adjacent panel” be amended to “the adjacent panel”
Appropriate correction is required.
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.
Claims 1-5, 13 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 6860311 to Minor in view of US 20250207445 to Lee in view of US 20100072868 to Deem et al. (hereinafter “Deem”) in view of US 6141907 to Parazader.
Minor discloses a lift wall for an opening in a building, wherein the opening connects an indoor space and an outdoor space, (see FIG. 1) wherein the opening is defined by opposing side jambs 55 and a header jamb, (see FIGS. 1 and 2) the lift wall comprising:
a plurality of panels 30 including a top panel 31A and bottom panel 31D,
wherein each of the plurality of panels comprises a frame that includes an upper horizontal frame member 34, a lower horizontal frame member 35, a first vertical side frame member 41, and a second vertical side frame member 41; (note: there are two frame members 41 on each side of each panel)
a plurality of pairs of opposing, vertically-oriented side guides 61 including a pair of side guides for each of the plurality of panels, wherein the side guides are attachable to the side jambs of the opening, and wherein each pair of side guides is sized to receive the vertical side frame members of one of the plurality of panels; (see FIGS. 2 ad 3)
wherein one of the top and bottom panels is mounted for movement vertically between a closed position and an open position, wherein in the open position all the plurality of panels are in a stacked position with the panels in a parallel side-by-side arrangement and the opening in the building is at least partially open, (see FIG. 8) wherein in the closed position the plurality of panels is spread vertically to seal the opening with the upper horizontal frame member of one panel at least partially overlapping the lower horizontal frame member of the adjacent panel; (see FIG. 6) and
a lift assembly 70 operatively attached to the vertically movable one of the top and bottom panels for lifting and lowering the attached panel.
Minor fails to disclose wherein each of the plurality of panels comprises a transparent pane circumscribed.
Lee teaches of a lift wall where each panel 110 includes a transparent pane that is circumscribed by a frame. (see [0031] and FIG. 1)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify each panel of Minor with a transparent pane, as taught by Lee, with a reasonable expectation of success in order to facilitate seeing through the lift wall.
Minor fails to disclose a plurality of pairs of opposing, vertically-oriented side channels.
Deem teaches of a lift wall with a plurality of pairs of opposing, vertically-oriented side channels 24. (see FIG. 6 and [0044]-[0045])
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Minor guides and vertical side frame members with side channels, as taught by Deem, with a reasonable expectation of success in order to lower material costs and facilitate assembly of the lift wall as well as since it has been held that substituting equivalents known for the same purpose would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention. (see MPEP 2144.06 II)
Minor fails to disclose at least one cleat assembly.
Parazader teaches of at least one cleat assembly, (see FIG. 8) wherein each of the at least one cleat assembly comprises an up cleat 105-107and a down cleat 109-111, wherein one of the up and down cleats is positioned on the upper horizontal frame member 12 of one panel 11, wherein the other one of the up and down cleats is positioned on the lower horizontal frame member 10 of an adjacent panel 9.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper horizontal frame member of one panel and the lower horizontal frame member of an adjacent panel of Minor with at least one cleat assembly, as taught by Parazader, in order to stop “the movement of both air and moisture past the two panels.” (see col. 6 of Parazader) Furthermore, by modifying Minor with Parazader, Minor, as applied above, discloses wherein, when the attached panel is moved vertically into the stacked position, the at least one cleat assembly is disengaged and when the attached panel is moved vertically into the closed position, the at least one cleat assembly is engaged and adjacent panels are interlocked. (claim 1)
Minor, as applied above, further discloses wherein the plurality of panels further comprises a middle panel 31C between the top and bottom panels. (see FIG. 6) (claim 2)
Minor, as applied above, further discloses wherein each of the plurality of pairs of opposing, vertically-oriented side channels has top and bottom ends and wherein the stacked position of the plurality of panels is at the top end of the side channels. (see FIG. 6 of Deem and FIG. FIG. 8 of Minor) (claim 3)
Minor, as applied above, further discloses wherein the attached panel is the bottom panel. (see FIG. 7 of Minor) (claim 4)
Minor, as applied above, further discloses wherein the attached panel is the outside panel. (see FIGS. 1 and 2 of Minor) (claim 5)
Minor, as applied above, further discloses wherein the lift assembly comprises a reel and cable system 747,76,83, the distal end of the cable (at element 85) connected to the one of the pair of vertical side frame members of the panel. (see at least FIG. 5 of Minor) (claim 13)
Minor, as applied above, further discloses wherein the reel and cable system includes a motor 92 (see FIG. 6 of Minor), (claim 15) a building comprising the lift wall of claim 1, (see FIG. 1 of Minor) (claim 16), an indoor space continuous with an outdoor space separated by an exterior wall and wherein the opening is formed in the exterior wall (see FIG. 1 of Minor) (claim 17) and wherein the building is an enclosure for playing sports. (see FIG. 1 of Minor) (claim 18).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Minor in view of Lee in view of Deem in view of Parazader, as applied to claim 1 above, in further view of US 1446118 to Lang.
Minor, as applied above, discloses wherein each of the plurality of pairs of opposing, vertically-oriented side channels has top and bottom ends and wherein the stacked position of the plurality of panels is at the top end of the side channels. Minor, as applied above, fails to disclose wherein the stacked position of the plurality of panels is at the bottom end of the side channels.
Lang teaches of a similar device wherein the stacked position of the plurality of panels D, E, F is at the bottom end of the side channels. (see FIG. 5)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Minor lift wall so that the stacked position is at the bottom end of the side channels, as taught by Lang, with a reasonable expectation of success for aesthetic reasons, to close off the bottom area of the opening while maintaining the opening partially open; thus helping with ventilation of the interior of the building as well as since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. (claim 6)
Minor, as applied above, further discloses wherein the attached panel is the top panel, (see FIG. 4; note the top panel attached to the window sash C) (claim 7) and wherein the attached panel is the outside panel. (see FIG. 4) (claim 8)
Claims 9-11 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Minor in view of Lee in view of Deem in view of Parazader, as applied to claim 1 above, in further view of Lang in further view of US 2008/0264573 to Beck et al. (hereinafter “Beck”).
Minor, as applied above, fails to disclose wherein the stacked position of the plurality of panels is at the bottom end of the side channels.
Lang teaches of a similar device wherein the stacked position of the plurality of panels D, E, F is at the bottom end of the side channels. (see FIG. 5)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Minor lift wall so that the stacked position is at the bottom end of the side channels, as taught by Lang, with a reasonable expectation of success for aesthetic reasons, to close off the bottom area of the opening while maintaining the opening partially open; thus helping with ventilation of the interior of the building as well as since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Minor, as applied above, fails to disclose a screen panel.
Beck teaches of a screen panel 54 having an upper edge and a lower edge and first and second side edges;
a spring-wound screen roller 52 (see [0021]; and 2) mountable adjacent a header jamb and wherein the upper edge of the screen panel is fixed to the screen roller;
wherein the lower edge is fixed to an upper horizontal frame member 40 of an attached panel for movement therewith;
wherein the first and second side edges of the screen panel are supported in the side channels of a window (see FIG. 4); and wherein the screen panel is sized to cover the opening when the plurality of panels is in the open position.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Minor lift wall with a screen panel, as taught by Beck, with a reasonable expectation of success in order to minimize bugs passing through the opening when the attached panel is in the open position. (claim 9)
Minor, as applied above, further discloses wherein the lower edge of the screen panel is detachably fixed to the upper horizontal frame member of the attached panel (see FIG. 2, 3A and [0023] of Beck) (claim 10), wherein the attached panel is the outside panel. (see FIGS. 1 and 6 of Minor) (claim 11) and wherein the lower edge of the screen panel is detachably fixed by a magnet. (see [0023] of Beck) (claim 21)
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Minor in view of Lee in view of Deem in view of Parazader, as applied to claim 1 above, in further view of US 4538661 to Henry et al. (hereinafter “Henry”)
Minor, as applied above, fails to disclose a pair of end boxes mountable above the opening and configured to connect with the upper ends of the side channels.
Henry teaches of a lift wall with a pair of end boxes 41-44 mountable above the opening and configured to connect with the upper ends of the side channels. (see FIG. 1)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a pair of end boxes with Minor, as taught by Henry, with a reasonable expectation of success in order to provide housing and protect components of the lift wall. (claim 12)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Minor in view of Lee in view of Deem in view of Parazader, as applied to claim 13 above.
Minor, as applied above, fails to disclose wherein the cable is a fabric strap.
On the other hand, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to swap the cable of Minor with a fabric strap for cost reduction, to minimize weight of the lift wall, to save on manufacturing costs, as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice.
Furthermore, it has been held that substituting equivalents known for the same purpose would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention. (see MPEP 2144.06 II) In other words, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Minor cable for a fabric strap due to availability of fabric straps, for cost considerations, and for ease of construction.
Claim 1, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 4014521 to Berman in view of Minor in view of Lee in view of Deem in view of Parazader.
Berman discloses an enclosure within a building (“gymnasium”; see col. 2) but fails to disclose a lift wall along one of its walls 20,21.
Minor discloses a lift wall for an opening in a building, wherein the opening connects an indoor space and an outdoor space, (see FIG. 1) wherein the opening is defined by opposing side jambs 55 and a header jamb, (see FIGS. 1 and 2) the lift wall comprising:
a plurality of panels 30 including a top panel 31A and bottom panel 31D,
wherein each of the plurality of panels comprises a frame that includes an upper horizontal frame member 34, a lower horizontal frame member 35, a first vertical side frame member 41, and a second vertical side frame member 41; (note: there are two frame members 41 on each side of each panel)
a plurality of pairs of opposing, vertically-oriented side guides 61 including a pair of side guides for each of the plurality of panels, wherein the side guides are attachable to the side jambs of the opening, and wherein each pair of side guides is sized to receive the vertical side frame members of one of the plurality of panels; (see FIGS. 2 ad 3)
wherein one of the top and bottom panels is mounted for movement vertically between a closed position and an open position, wherein in the open position all the plurality of panels are in a stacked position with the panels in a parallel side-by-side arrangement and the opening in the building is at least partially open, (see FIG. 8) wherein in the closed position the plurality of panels is spread vertically to seal the opening with the upper horizontal frame member of one panel at least partially overlapping the lower horizontal frame member of the adjacent panel; (see FIG. 6) and
a lift assembly 70 operatively attached to the vertically movable one of the top and bottom panels for lifting and lowering the attached panel.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify one of the walls 20, 21 of Berman with a lift wall, as taught by Minor, with a reasonable expectation of success in order to allow for ventilation into the building while maintaining the opening with the lift wall therein closed.
Berman fails to disclose wherein each of the plurality of panels comprises a transparent pane circumscribed.
Lee teaches of a lift wall where each panel 110 includes a transparent pane that is circumscribed by a frame. (see [0031] and FIG. 1)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify each panel of Berman with a transparent pane, as taught by Lee, with a reasonable expectation of success in order to facilitate seeing through the lift wall.
Berman fails to disclose a plurality of pairs of opposing, vertically-oriented side channels.
Deem teaches of a lift wall with a plurality of pairs of opposing, vertically-oriented side channels 24. (see FIG. 6 and [0044]-[0045])
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Berman guides and vertical side frame members with side channels, as taught by Deem, with a reasonable expectation of success in order to lower material costs and facilitate assembly of the lift wall as well as since it has been held that substituting equivalents known for the same purpose would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention. (see MPEP 2144.06 II)
Berman fails to disclose at least one cleat assembly.
Parazader teaches of at least one cleat assembly, (see FIG. 8) wherein each of the at least one cleat assembly comprises an up cleat 105-107and a down cleat 109-111, wherein one of the up and down cleats is positioned on the upper horizontal frame member 12 of one panel 11, wherein the other one of the up and down cleats is positioned on the lower horizontal frame member 10 of an adjacent panel 9.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper horizontal frame member of one panel and the lower horizontal frame member of an adjacent panel of Berman with at least one cleat assembly, as taught by Parazader, in order to stop “the movement of both air and moisture past the two panels.” (see col. 6 of Parazader) Furthermore, by modifying Berman with Parazader, Berman, as applied above, discloses wherein, when the attached panel is moved vertically into the stacked position, the at least one cleat assembly is disengaged and when the attached panel is moved vertically into the closed position, the at least one cleat assembly is engaged and adjacent panels are interlocked. (claim 1)
Berman, as applied above, further discloses a building comprising the lift wall of claim 1, (see FIG. 1 of Berman) (claim 16), an indoor space continuous with an outdoor space separated by an exterior wall and wherein the opening is formed in the exterior wall (see FIG. 1 of Minor) (claim 17) and wherein the enclosure is one of the group comprised of a pickleball court and padel ball court. (see FIG. 1 of Berman) (claim 19)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Minor in view of Lee in view of Deem in view of Parazader, as applied to claim 3 above.
Minor, as applied above, discloses at least one lift rail 47 extending from the top of the upper horizontal frame member of the attached panel so that, when the attached panel is lifted, the upper horizontal frame member of the adjacent panel is engaged by the lift rail and the adjacent panel is lifted with the attached panel. (see FIG. 5 of Minor) However, Minor fails to disclose the at least one lift rail extending from the bottom of the lower horizontal frame member of the attached panel so that, when the attached panel is lifted, the lower horizontal frame member of the adjacent panel is engaged by the lift rail and the adjacent panel is lifted with the attached panel. On the other hand, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Minor lift wall so that lift rail extends from the top of the bottom horizontal frame member of the attached panel for aesthetic reasons, minimize unwanted contact with the lift rail as well as since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. (claim 20)
Response to Arguments
Applicant's points filed June 15, 2026 are moot due to the new grounds of rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 8-5 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached on 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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/Marcus Menezes/
Primary Examiner, Art Unit 3634
Prosecution Insights