DETAILED ACTION
This non-final Office action is in response to the claims filed on March 28, 2026.
Status of claims: claims 1-20 are hereby examined below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 28, 2025 was considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on May 11, 2026 is acknowledged.
Drawings
The drawings are objected to because: “an overhead door” “set of vertically moveable door panels” and “a track” recited in claim 1 are not illustrated in the figures. Also, “a floor threshold” recited in claim 2 is not illustrated in the figures.
FIG. 5 and 6 – “32” should be replaced with “232” and “34” should be replaced with “234”
FIGS. 7 and 8 – “32” should be replaced with “332” and “34” should be replaced with “334”
FIGS. 9 and 10 – “32” should be replaced with “432” and “34” should be replaced with “434”
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 6-8, 10 and 17-20 are objected to because of the following informalities:
Claims 6, 7, 10 and 17-20 - shouldn’t “bottom door panel” recited in these claims be amended to “door panel”?
Claim 8 – for consistency, shouldn’t “protection device” be amended to “door protection device”?
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3, 6, 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over CA 2949418 to Coleman et al. (hereinafter “Coleman”) in view of US 6484447 to Snyder et al. (hereinafter “Snyder”).
The apparatus of Coleman inevitably discloses a method for protecting an overhead door from damage, comprising the steps of:
installing a set of vertically moveable door panels 17 at a door opening;
coupling a first portion (first portion includes screws 14-16; see FIG. 3) of a door protection device 10 to a bottom panel of the set of vertically moveable door panels;
wherein a second portion (below the first portion) of the door protection device extends beyond the bottom panel of the set of vertically moveable door panels.
Coleman fails to disclose a track for the door panels.
Snyder teaches of a set of vertically moveable door panels 12-18 on a track 26,28.
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 method disclosed in Coleman with a track, as taught by Snyder with a reasonable expectation of success in order to facilitate movement of the vertically moveable door panels. (claim 1)
The apparatus of Coleman, as applied above, inevitably further discloses moving the set of vertically moveable door panels down until the second portion of the door protection device contacts a floor threshhold under the bottom panel of the set of vertically moveable door panels. (claim 2)
The apparatus of Coleman, as applied above, inevitably further discloses wherein the first portion is coupled flush with the bottom panel of the set of vertically moveable door panels. (see FIG. 3) (claim 3)
The apparatus of Coleman, as applied above, inevitably further discloses wherein the coupling of the door protection device to the bottom door panel is performed by: inserting one or more screws 14-16 in one or more holes in the door protection device and/or in a reinforcing plate; and attaching the one or more screws in one or more preexisting holes in the bottom door panel. (Note: the examiner has included element 19 to be part of the bottom door panel. See page 3 of Coleman) (claim 6)
The apparatus of Coleman, as applied above, inevitably further discloses wherein the coupling of the door protection device to the bottom door panel is performed by: drilling one or more new holes in the bottom door panel; (Note: the examiner has included element 19 to be part of the bottom door panel. See page 3 of Coleman) inserting one or more screws 14-16 in a hole in the door protection device and optionally in a reinforcing plate; and attaching the one or more screws in the one or more new holes in the bottom door panel. (claim 7)
The apparatus of Coleman, as applied above, further discloses wherein the door protection device is 0.01 to 0.25 inches in thickness. (see page 3 of Coleman) (claim 11)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over CA 2949418 to Coleman et al. (hereinafter “Coleman”) in view of Snyder, as applied to claim 1 above.
The apparatus of Coleman, as applied above, fails to disclose a second door protection device. On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second protection device with Coleman to further protect the seal from over-compression as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Furthermore, by modifying Coleman with a second protection device, Coleman, as applied above, inevitably further discloses coupling a first portion of a second door protection device to the bottom panel of the set of vertically moveable door panels; wherein a second portion of the second door protection device extends beyond the bottom panel of the set of vertically moveable door panels. (see FIG. 3) (claim 5)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over CA 2949418 to Coleman et al. (hereinafter “Coleman”) in view of Snyder, as applied to claim 1 above.
The apparatus of Coleman, as applied above, discloses the door protection device is formed of metal, but fails to disclose wherein the door protection device is made of steel.
On the other hand, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to form the door protection device out of steel in order to form the device out of a durable, strong, and inexpensive material 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. (claim 9)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over CA 2949418 to Coleman et al. (hereinafter “Coleman”) in view of Snyder, as applied to claim 1 above.
The apparatus of Coleman, as applied above, fails to disclose wherein the door protection device extends 0.75 to 6 inches below the bottom door panel.
On the other hand, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide
wherein the Coleman door protection device extends 0.75 to 6 inches below the bottom door panel with a reasonable expectation of success in order to properly function as a device to prevent over-compression of the seal. (claim 10)
Claims 12, 15, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coleman.
The apparatus of Coleman inevitably discloses a method for protecting an overhead door that includes a set of vertically moveable door panels 17, (see FIG. 2) comprising the steps of: coupling a first portion (portion that includes screws 14-16; see FIG. 3) of a door protection device 10 to a bottom panel of the set of vertically moveable door panels, wherein a second portion (below the first portion) of the door protection device extends beyond the bottom panel of the set of vertically moveable door panels; and moving the set of vertically moveable door panels down until the second portion of the door protection device contacts a floor threshold. (claim 12)
The apparatus of Coleman further discloses wherein the first portion is coupled flush with the bottom panel of the set of vertically moveable door panels. (see FIG. 3) (claim 15)
The apparatus of Coleman, as applied above, inevitably further discloses wherein the coupling of the door protection device to the bottom door panel is performed by: inserting one or more screws 14-16 in one or more holes in the door protection device and/or in a reinforcing plate; and attaching the one or more screws in one or more preexisting holes in the bottom door panel. (Note: the examiner has included element 19 to be part of the bottom door panel. See page 3 of Coleman) (claim 17)
The apparatus of Coleman, as applied above, inevitably further discloses wherein the coupling of the door protection device to the bottom door panel is performed by: drilling one or more new holes in the bottom door panel; (Note: the examiner has included element 19 to be part of the bottom door panel. See page 3 of Coleman) inserting one or more screws 14-16 in a hole in the door protection device and optionally in a reinforcing plate; and attaching the one or more screws in the one or more new holes in the bottom door panel. (claim 18)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Coleman, as applied to claim 12 above, in view of Snyder.
The apparatus of Coleman, as applied above, fails to disclose a second door protection device. On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second protection device with Coleman to further protect the seal from over-compression as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Furthermore, by modifying Coleman with a second protection device, Coleman, as applied above, inevitably further discloses coupling a first portion of a second door protection device to the bottom panel of the set of vertically moveable door panels; wherein a second portion of the second door protection device extends beyond the bottom panel of the set of vertically moveable door panels. (see FIG. 3) (claim 16)
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman.
The apparatus of Coleman inevitably discloses a method for protecting an overhead door that includes a set of vertically moveable door panels 17, (see FIG. 2) comprising the steps of: coupling a first portion (portion with screws 14-16 thereon; see Fig. 3) of a door protection device 10 to a bottom panel of the set of vertically moveable door panels, (see FIG. 3) wherein a second portion (below the first portion; see FIG. 3) of the door protection device extends from the first portion at an angle (zero angle) and beyond the bottom panel of the set of vertically moveable door panels; ; and the steel of the door protection device is 0.01 to 0.25 inches in thickness. (see page 3 of Coleman).
The apparatus of Coleman, as applied above, discloses the door protection device is formed of metal, but fails to disclose wherein the door protection device is made of steel.
On the other hand, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to form the door protection device out of steel in order to form the device out of a durable, strong, and inexpensive material 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.
The apparatus of Coleman, as applied above, fails to disclose wherein the door protection device extends 0.75 to 6 inches below the bottom door panel.
On the other hand, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide
wherein the Coleman door protection device extends 0.75 to 6 inches below the bottom door panel with a reasonable expectation of success in order to properly function as a device to prevent over-compression of the seal. (claim 19)
The apparatus of Coleman further discloses wherein a bottom portion of the first portion extends below the bottom door panel and is attached to the second portion. (see FIG. 3 below) (claim 20)
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Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 4, 12, 13 and 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3543441 to Porte.
The apparatus of Porte inevitably discloses a method for protecting an overhead door from damage, comprising the steps of:
installing a set of vertically moveable door panels (form door 13; see FIG. 1) on a track 12;
coupling a first portion (with screws 24 thereon; see FIG. 2) of a door protection device 20 to a bottom panel of the set of vertically moveable door panels;
wherein a second portion (below the first portion) of the door protection device extends beyond the bottom panel of the set of vertically moveable door panels. (claim 1)
The apparatus of Porte further discloses wherein the second portion extends from the first portion and is bent at a first angle from the first portion. (see FIG. 2) (claim 4)
The apparatus of Porte inevitably discloses a method for protecting an overhead door that includes a set of vertically moveable door panels 13, (see FIG. 1) comprising the steps of: coupling a first portion (portion that includes screws 24; see FIG. 2) of a door protection device 20 to a bottom panel of the set of vertically moveable door panels, wherein a second portion (below the first portion) of the door protection device extends beyond the bottom panel of the set of vertically moveable door panels; and moving the set of vertically moveable door panels down until the second portion of the door protection device contacts a floor threshold. (claim 12)
The apparatus of Porte further discloses wherein the second portion extends from the first portion and is bent at a first angle from the first portion. (see FIG. 2) (claim 13)
The apparatus of Porte further discloses wherein a third portion of the door protection device extends from the second portion and is bent or curved upwards at an angle of 90 to 60 degrees. (Note; the third portion, extends upwards at an angle of 90 to 60 degrees.) (claim 14)
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Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6484447 to Snyder et al. (hereinafter “Snyder”).
The apparatus of Snyder inevitably discloses a method for protecting an overhead door from damage, comprising the steps of:
installing a set of vertically moveable door panels 12,14,16,18 on a track 26,28;
coupling a first portion 92 of a door protection device 90 to a bottom panel 12 of the set of vertically moveable door panels;
wherein a second portion (below the first portion) of the door protection device extends beyond the bottom panel of the set of vertically moveable door panels. (claim 1)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Snyder, as applied to claim 1 above, in further view of US 6662499 to Shin et al. (hereinafter “Shin”).
The apparatus of Snyder fails to inevitably disclose installation of a moveable door panel operator.
Shin inevitably discloses installation of a moveable door panel operator 12. (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 modify the method disclosed in Snyder with the step of installation of a moveable door panel operator, as taught by Shin with a reasonable expectation of success in order to facilitate movement of the vertically moveable door panels.
Furthermore, by modifying Synder with Shin, Synder, as applied above, inevitably discloses removing the protection device. (Note: when the door protection device is worn out, “removing the protection device” occurs.) (claim 8)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 7:30 -4 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Marcus Menezes/
Primary Examiner, Art Unit 3634
Prosecution Insights