DETAILED ACTION
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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the configuration including “wherein the second spring element has a hook portion which is in contact with the diverter element in the open position of the diverter element wherein the diverter element is held in the open position by the hook portion”, as claimed in claim 12, must be shown or the feature(s) canceled from the claim(s). Examiner notes that Applicants paragraph [0059] indicates that “the first diverter element 19 is in contact with the hook portion 38, with the result that the first diverter element 19 is held in the closed position by the hook portion 38, as can be seen, in particular, from Fig. 9”. However, no “hook portion” appears to be shown in Figure 9. Examiner notes that it is unclear what exactly element 38 is pointing to, however, no “hook portion” of a “spring element” appears to be shown. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-16 are objected to because of the following informalities:
Claims 1 and 16 recite “wherein the guide element of the sliding door can be transferred from the first channel region into the holding portion; and wherein the diverter element releases the guide channel in the closed position”. This limitation is unclear (i.e. what is being claimed by the phrase “the diverter element releases the guide channel in the closed position”? How does the “diverter element” (indicated as element 19) release the guide channel (element 7)? How is a channel “released”?). Appropriate correction is required.
Claim 9 recites “wherein the concave transfer surface of the actuating portion forms, together with the concave transfer surface of the separating portion” and “an actuating contour which delimits the transfer channel”. This is unclear since “the concave transfer surface” and “the transfer channel” lacks proper antecedent basis. Appropriate correction is required.
Claim 11 recites “a second spring element”. This terminology is unclear, since “a first spring element” was previously recited in claim 10, however, claim 11 depends from claim 1, and it is unclear if Applicant is claiming a “a second spring element” without also previously claiming “a first spring element”. Appropriate correction is required.
Claim 12 recites “wherein the second spring element has a hook portion which is in contact with the diverter element in the open position of the diverter element wherein the diverter element is held in the open position by the hook portion”. This limitation is unclear since the claimed “hook portion” does not appear to be sufficiently shown in the Figures or described in the specification in such a way that it is clear what exactly is being claimed (i.e. how is the diverter “held in the open position by the hook portion”? What exactly is being claimed by “a hook portion”?). Appropriate correction is required.
Claim 14 recites “wherein the pivoting from the open position into the closed position”. This is unclear since both the previously recited “diverter element” and the “further diverter element” each have an “open position” and “closed position” (i.e. which “open position” and “closed position” are being referred to?). Appropriate correction is required.
Claims 15 and 16 each recite “a further guide element of the further sliding door”. This is unclear since “the further sliding door” lacks proper antecedent basis. Appropriate correction is required.
Claims 15 and 16 recite “the one guide channel”. This term is unclear since “a guide channel” and “a further guide channel” are previously recited in the claim, and it is unclear which guide channel is “the one guide channel”? Consistent terminology and phraseology must be maintained throughout the claims. Appropriate correction is required.
Claims 2-8, 10, and 13 are objected to as depending from a base claim with an objection
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 1-11 and 14 are rejected under 35 U.S.C. 102a1 as being anticipated by WO2020074994.
Regarding claim 1, as best understood, WO2020074994 discloses a guide rail for a sliding door (element 4) with a guide element (element 40), comprising: a guide channel (See at least Figures 2 and 8-9, considered channel of at least elements 18, 20, 20’, 26 and 26’) which extends along a center axis [and in which the guide element of the sliding door is configured to be guided]*; a holding portion (element 26); a diverter element (element 30) [configured to be pivoted about a pivot axis into an open position and into a closed position]*; wherein the diverter element divides the guide channel into a first channel region and a second channel region (Figure 20 illustrates a diverter 30” dividing a channel. Elements 30 and 30’ operate in a similar manner) in the open position; wherein the first channel region is connected to the holding portion (Examiner notes that all portions of the channel are “connected”) [wherein the guide element of the sliding door can be transferred from the first channel region into the holding portion; and wherein the diverter element releases the guide channel in the closed position]* wherein the first channel region and the second channel region are connected to one another.
Examiner’s note: *The above/below statements in brackets are examples of an intended use statement that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to the structure of a guide rail for a sliding door, the prior art must only be capable of meeting the structural recitation in order to be applicable, and in this case, the examiner maintains that the guide rail for a sliding door disclosed by WO2020074994 is entirely capable of the intended use statement. 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. Ex parte Masham 2 USPQ2d 1647 (1987).
Regarding claim 2, WO2020074994 discloses wherein the holding portion is arranged in a radial overlap with respect to the guide channel with regard to the center axis (See at least Figures 1-4 and 17-20).
Regarding claim 3, WO2020074994 discloses [wherein the diverter element is configured to be pivoted from the open position into the closed position by way of the guide element]*.
Regarding claim 4, WO2020074994 discloses wherein the pivot axis of the diverter element is arranged in a skewed manner with respect to the center axis of the guide channel (See at least Figures 1-4 and 17-20).
Regarding claim 5, WO2020074994 discloses wherein the pivot axis of the diverter element is arranged outside the guide channel (See Figures 3, 18, and 20).
Regarding claim 6, WO2020074994 discloses wherein the diverter element comprises a separating portion (See Figures 1-4 and 17-20, element 34, also see element 34” for similar structure) which is arranged in the guide channel in the open position and forms a portion of a wall of the guide channel in the closed position.
Regarding claim 7, WO2020074994 discloses wherein the separating portion has a concave transfer surface (Figures 1-4 and 17-20, surface of element 30 that guides element 40 into area of element 26 (or 86 for similar structure) and a straight channel wall surface (See Figures 3-4 and 17-18, considered portion of element 30 flush with area of element 18), wherein the concave transfer surface delimits, in the open position, a transfer channel (See Figure 20), [via which the guide element can be transferred from the guide channel into the holding portion]*, and the straight channel wall surface forms the portion of the wall of the guide channel in the closed position (Figure 18).
Regarding claim 8, WO2020074994 discloses wherein the diverter element comprises an actuating portion (See Figures 18-20, considered portion of element 30 that contacts element 40 in operation) which is arranged outside the guide channel in the open position and delimits the holding portion in the closed position.
Regarding claim 9, as best understood, WO2020074994 discloses wherein the actuating portion has a concave transfer surface (See at least Figures 18 and 20, considered right portion of element 30) and a straight holding portion bounding surface (See at least Figures 18 and 20, considered left portion of element 30 (element 30” for equivalent structure)), wherein the concave transfer surface of the actuating portion forms, together with the concave transfer surface of the separating portion, an actuating contour which delimits the transfer channel in the open position, and the straight holding portion bounding surface delimits the holding portion in the closed position.
Regarding claim 10, WO2020074994 discloses wherein a first spring element (element 32) loads the diverter element with a first spring force, [with the result that the diverter element is pivoted into the open position by the first spring force]*.
Regarding claim 11, as best understood, WO2020074994 discloses wherein a second spring element (element 32) which is in contact with the diverter element in the open position of the diverter element wherein the diverter element is held in the open position by the second spring element; and/or which is in contact with the diverter element in the closed position of the diverter element wherein the diverter element is held in the closed position by the second spring element.
Regarding claim 14, WO2020074994 discloses wherein a guide element of a further sliding door can be guided in the guide channel (See Figure 2, both elements 4 and 4’ can be guided in the channel), in that a further holding portion (element 26’) is provided, in that a further diverter element is provided (See at least Figures 3-4, elements 30’) [which can be pivoted about a further pivot axis into an open position and into a closed position]*, wherein the pivoting from the open position into the closed position takes place in the case of the further diverter element in the opposite direction to the pivoting of the diverter element (See Figures 3-4, element 30’ pivots in an opposite direction than element 30), in that the diverter element divides the guide channel into a third channel region and a fourth channel region in the open position, wherein the third channel region is connected to the further holding portion [wherein the guide element of the further sliding door can be transferred from the third channel region into the further holding portion, and in that the further diverter element releases the guide channel in the closed position wherein the third channel region is connected to the fourth channel region (See Figures 3-4 and 17-20)]*.
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 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over WO2020074994 in view of Dickson (US 9,359,804)
Regarding claim 12, as best understood, WO2020074994 discloses a second spring element (element 32) in contact with the diverter (See Figure 3) such that the second spring element is in contact with the diverter element in the open position of the diverter element wherein the diverter element is held in the open position by second spring element. Although little detail with regard to the spring element is disclosed, Examiner notes that Dickson teaches that it is known in the art to configure a spring element with a hook portion (See Figure 1 below) for connecting the spring element with an adjacent structure for operation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the second spring element of WO2020074994 such that the ends of the spring are connected to the adjacent structures (i.e. the diverter, etc.) via “hook portions”, as taught by Dickson, since this manner of connection would have been logical and obvious, and would have functioned as intended for the purpose of WO2020074994. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
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[AltContent: textbox (Hook Portion)][AltContent: textbox (Figure 1: Dickson (US 9,359,804), Figure 4 (Examiner Amended))][AltContent: arrow]
Regarding claim 13, WO2020074994 discloses [wherein the second spring element is configured as a spring clip which has the hook portion at a free end]*. Examiner notes that the spring (element 32) of WO2020074994 is considered to satisfy the broad term “spring clip”.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over WO2020074994 in view of Header (US 10,077,588).
Regarding claim 15, as best understood, WO2020074994 does not explicitly disclose wherein a further guide channel which has a center portion, which is arranged parallel to and spaced apart from the center axis of the one guide channel, and a first end portion and a second end portion which are each arranged spaced apart from and transversely with respect to the center axis of the one guide channel, wherein a further guide element of the sliding door and/or a further guide element of the further sliding door can be guided in the further guide channel. Header, however, teaches that it is known in the art to configure a guide rail for a sliding door with a guide element (element 17 or 19), comprising: a guide channel (element 21) which extends along a center axis and in which the guide element of the sliding door can be guided; a holding portion (element 25 or 27); and a diverter element (Figures 6-7, element 12 or 14); wherein a further guide channel (Figures 1-3, area of element 23 between elements 29 and 31) is provided which has a center portion, which is arranged parallel to and spaced apart from the center axis of the one guide channel, and a first end portion and a second end portion (elements 29 and 31) which are each arranged spaced apart from and transversely with respect to the center axis of the one guide channel; [and wherein a further guide element of the sliding door and/or a further guide element of the further sliding door can be guided in the further guide channel]*. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sliding door system of WO2020074994 such that it includes a further guide channel which has a center portion, which is arranged parallel to and spaced apart from the center axis of the one guide channel, and a first end portion and a second end portion which are each arranged spaced apart from and transversely with respect to the center axis of the one guide channel, as taught by Header, since a guide rail of this nature would allow for a system featuring multiple sliding panels (Figures 17-20 of WO2020074994 for example) to position the panels in a stacked configuration to one side of the opening, allowing all panels to be moved to an open and out-of-the-way position. This would be desirable for particular users and applications of the system where exposing the entire opening at one time is desired. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Regarding claim 16, WO2020074994 discloses a guide rail for a sliding door (element 4) with a guide element (element 40), comprising: a guide channel (See at least Figures 2 and 8-9, considered channel of elements 18, 20, and 20’) which extends along a center axis and in which the guide element of the sliding door can be guided; a holding portion (element 26); a diverter element (element 30) [which can be pivoted about a pivot axis into an open position and into a closed position]*; wherein the diverter element divides the guide channel into a first channel region and a second channel region in the open position (See Figure 20, element 30” operates in a manner similar to element 30); wherein the first channel region is connected to the holding portion [wherein the guide element of the sliding door can be transferred from the first channel region into the holding portion]*; [wherein the diverter element releases the guide channel in the closed position wherein the first channel region and the second channel region are connected to one another]*. WO2020074994 does not explicitly disclose wherein a further guide channel which has a center portion, which is arranged parallel to and spaced apart from the center axis of the one guide channel, and a first end portion and a second end portion which are each arranged spaced apart from and transversely with respect to the center axis of the one guide channel, wherein a further guide element of the sliding door and/or a further guide element of the further sliding door can be guided in the further guide channel. Header, however, teaches that it is known in the art to configure a guide rail for a sliding door with a guide element (element 17 or 19), comprising: a guide channel (element 21) which extends along a center axis and in which the guide element of the sliding door can be guided; a holding portion (element 25 or 27); and a diverter element (Figures 6-7, element 12 or 14); wherein a further guide channel (Figures 1-3, area of element 23 between elements 29 and 31) is provided which has a center portion, which is arranged parallel to and spaced apart from the center axis of the one guide channel, and a first end portion and a second end portion (elements 29 and 31) which are each arranged spaced apart from and transversely with respect to the center axis of the one guide channel; [and wherein a further guide element of the sliding door and/or a further guide element of the further sliding door can be guided in the further guide channel]*. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sliding door system of WO2020074994 such that it includes a further guide channel which has a center portion, which is arranged parallel to and spaced apart from the center axis of the one guide channel, and a first end portion and a second end portion which are each arranged spaced apart from and transversely with respect to the center axis of the one guide channel, as taught by Header, since a guide rail of this nature would allow for a system featuring multiple sliding panels (Figures 17-20 of WO2020074994 for example) to position the panels in a stacked configuration to one side of the opening, allowing all panels to be moved to an open and out-of-the-way position. This would be desirable for particular users and applications of the system where exposing the entire opening at one time is desired. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN B REPHANN whose telephone number is (571)270-7318. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JUSTIN B REPHANN/Examiner, Art Unit 3634
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