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 .
Claim Objections
Claims 27-45 are objected to because of the following informalities:
Claim 27 recites “a plunger coupled to the rotatable element, at its proximal end, and to the second vertical edge of the closure unit at its other, distal end”. This is unclear, due to the term “its” (i.e. what exactly is being referred to by “its”. Is “it” the “plunger” or the “rotatable element”?). Examiner additionally notes that the terms “its proximal end” and “its other, distal end” lack proper antecedent basis (i.e. does “it” necessarily have only two ends?). Appropriate correction is required.
Claim 40 recites “A hinging device connectible to a frame element and to an edge of a closure unit”, “a housing attachable to one of an edge of a closure unit and a frame element”, and “attachable at its other, distal end to the other of an edge of a closure unit and a frame element”. This is objected to, since it is unclear if the multiple recitations of “an edge of a closure unit” and “a frame element” are intended to refer to the same structure, or different structure entirely. Appropriate correction is required.
Claim 40 recites “a plunger coupled to the rotatable element at its proximal end and attachable at its other, distal end to the other of an edge of a closure unit and a frame element”. This is unclear, due to the term “its” (i.e. what exactly is being referred to by “its”. What is “it”?). Examiner additionally notes that the terms “its proximal end” and “its other, distal end” lack proper antecedent basis (i.e. does “it” necessarily have only two ends?). Appropriate correction is required.
Claims 28-39 are 41-45 are objected to as depending from a base claim with an objection.
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 27-45 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 pre-AIA the applicant regards as the invention.
Claims 27 and 40 respectively recite “the plunger reciprocating in a plunger axis between an extended state and a retracted state, defining a plunger gauge therebetween, the plunger gauge being at least the same as said span” and “the plunger being reciprocable in a plunger axis between an extended state and a retracted state, defining a plunger gauge therebetween, that defines a span of said linear displacement”. This renders the claim indefinite, as the term “a plunger gauge” is entirely unclear, and Applicants specification as originally filed does not define the term “a plunger gauge” or identify what exactly the term “a plunger gauge” is intended to refer to (i.e. what is “a plunger gauge”? How does a “plunger reciprocating in a plunger axis between an extended state and a retracted state” define “a plunger gauge”?). Furthermore, it is unclear how Applicants “plunger gauge” would satisfy any of the art recognized definitions for the term “gauge” (see definition for “gauge” below). Therefore, the metes and bounds of the claimed term “a plunger gauge” are unclear, and the claims are rendered indefinite.
gauge
(geɪdʒ)v. gauged, gaug•ing,n. v.t.
1. to determine the exact dimensions, capacity, quantity, or force of; measure.
2. to appraise, estimate, or judge.
3. to make conformable to a standard.
4. to mark or measure off; delineate.
5. to chip or rub (bricks or stones) to a uniform size or shape.
n.
6. a standard of measure or measurement.
7. a standard dimension, size, or quantity.
8. any device or instrument for measuring, registering measurements, or testing something: pressure gauge.
9. a means of estimating or judging; criterion; test.
10. extent; scope; capacity.
11. a unit of measure of the internal diameter of a shotgun barrel, equal to the number of lead bullets of such diameter required to make one pound.
12. the distance between the inner edges of the heads of the rails in a track.
13. the thickness or diameter of various, usu. thin, objects, as sheet metal or wire.
14. the fineness of a knitted fabric as expressed in loops per every 1.5 in. (3.8 cm): 15 denier, 60 gauge stockings.
15. Naut. the position of one vessel as being to the windward or to the leeward of another vessel on an approximately parallel course.
Source: https://www.thefreedictionary.com/gauge
Claim 27 recites “the plunger gauge being at least the same as said span”. This renders the claim indefinite, as it is unclear what “the plunger gauge” is intended to be (See rejection above), and it is additionally unclear how “the plunger gauge” would be “at least the same as said span” when “said span” is referring to the previously recited “a span between the two opposite frame elements”, and “the two opposite frame elements” are elements 104 and 106, as shown in Applicants Figure 1A. In other words, it is unclear how the “plunger gauge” could be the same as the span between elements 104 and 106, when the span between elements 104 and 106 is very large when compared to the plunger.
Claims 28-39 and 41-45 are rejected as depending from a rejected base claim.
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 27-29, 32-34, 37, and 40-43 are rejected under 35 U.S.C. 102a1 as being anticipated by Lloyd (US 3,788,689).
Regarding claim 27, as best understood, Lloyd discloses a closure system having a fixed closure frame (considered at least elements 11-12 and 15) and a moveable closure unit (element 10), wherein the fixed closure frame comprises a first vertical frame element having a first closure-facing surface (Figures 3-4, left side of frame) with one or more first recesses (Figures 3-4, considered recess of element 15) defined in said first closure-facing surface, and an opposite, second vertical frame element (Figures 3-4, right side of frame), having a second closure-facing surface with one or more second recesses (Figures 3-4, considered recess defined by elements 11 and 12, in which element 20 is mounted) defined in the second closure-facing surface, the movable closure unit comprises first and second opposite vertical edges facing the first and second frame elements, respectively, and movable between a closed position (Figure 3), an intermediate position (Figure 4) and an open position (Figure 4, dashed lines), the closure having one or more first frame-engaging members (Figures 3-4, considered left side surface of element 10) defined in said first vertical edge, and configured to be received into the one or more of the first recesses (Figure 3), such that when the closure is in the closed position the one or more first frame-engaging members are fully received therein, and one or more second frame-engaging members defined in said second vertical edge (considered right side surface of element 10), and configured to be received into the one or more second recesses, and when the closure is in the intermediate position, the one or more second frame-engaging members are at least partially received within said one or more second recesses (See Figure 4), while the one or more first frame-engaging members are outside said one or more first recesses (See Figure 4); the closure unit being connected to the second frame element by one or more hinging devices (element 20) configured for (i) linear displacement of the closure unit along a linear path and in a span between the two opposite frame elements, between the closed position and the intermediate position, and (ii) a pivotal movement of the closure unit between the intermediate position and the open position about a pivot axis defined by the hinging device; the one or more second frame-engaging members and the one or more second recesses being shaped and/or dimensioned to permit rotation of the closure from the intermediate position to the open position; the hinging device comprising a housing (Figure 5, considered combination of elements 25-29) attached to one of the second frame element and said second vertical edge holding a rotatable element (element 21), rotatable between a first angular state and a second angular state, and a plunger (considered at least elements 22-23, Examiner notes that the term “plunger” is considered to be a very broad term) coupled to the rotatable element, at its proximal end, and to the second vertical edge of the closure unit at its other, distal end (Examiner notes that the plunger of Lloyd is a three-dimensional object that includes numerous “ends” that are at least indirectly coupled to element 10), the plunger reciprocating in a plunger axis between an extended state (See Figure 3) and a retracted state (See Figure 4), defining a plunger gauge therebetween (as best understood, considered the distance of plunger travel within elements 26-29), the plunger gauge being at least the same as said span (Examiner notes that amount of linear door travel corresponds directed to the amount of travel for elements 22-23), and in the first angular state of the rotatable element, the plunger axis is parallel to said path permitting the linear displacement of the closure unit between the closed and intermediate positions while the rotatable element is blocked from rotation, said pivotal movement into the second angular state being enabled once the plunger is at its retracted state.
Regarding claim 28, Lloyd discloses, wherein the frame-engaging members, in at least one of the first or second vertical edges, extend along a length of the vertical edge, with respective recesses extending along the same length in the respective frame element (See Figures 1 and 3-4).
Regarding claim 29, Lloyd discloses wherein one or both of the vertical edges have a single frame-engaging member extending along the entire length of the respective vertical edge (See Figures 3-4, left edge surface of element 10 is considered to be “a single frame-engaging member”), with a respective recess extending along substantially the same length in the respective frame element.
Regarding claim 32, Lloyd discloses comprising an urging element (Figures 1 and 6-7, elements 30-31) for urging the linear displacement of the closure unit from the intermediate to the closed position.
Regarding claim 33, Lloyd discloses wherein the plunger comprises an urging element (elements 30-31), urging the plunger into the extended state.
Regarding claim 34, Lloyd discloses wherein the plunger is blocked from displacement into the extended state when the rotatable element is not in the first angular state (See Figure 4).
Regarding claim 37, Lloyd discloses , wherein a top end of the closure unit is releasably associated through an association arrangement (considered multiple element 20 and element 15) to a frame header (Examiner notes that element 10 is “releasably associated” with the entire door frame) to thereby support the closure unit during said linear displacement, the association arrangement being configured to permit release of the closure unit therefrom when in the intermediate position (element 20 permits release of element 10 such that element 10 is able to rotate in the intermediate position).
Regarding claim 40, as best understood, Lloyd discloses a hinging device (element 20) connectible to a frame element (at least element 12) and to an edge of a closure unit (considered edge of element 10 connected to element 14) and configured to permit (i) linear displacement of the closure unit (See Figures 3-4) between a closed position (See Figure 3), in which said edge is distanced from said frame element, and an intermediate position (See Figure 4), in which said edge and said frame element are proximal to one another, and (ii) pivotal movement about a pivot axis between said intermediate position and an open position (See Figure 8), the hinging device comprising a housing (considered combination of elements 25-29) attachable to one of an edge of a closure unit and a frame element and holding a rotatable element (element 21), rotatable between a first angular state and a second angular state (See Figure 8); and a plunger (considered at least elements elements 22-23) coupled to the rotatable element at its proximal end and attachable at its other, distal end to the other of an edge of a closure unit and a frame element (elements 22-23 are “attachable” to the frame via elements 26-29, see at least Figure 5), the plunger being reciprocable in a plunger axis (See Figures 3-4, considered axis on which element 23 translates when moved between the configurations shown in Figure 3 and Figure 4) between an extended state (Figure 3) and a retracted state (Figure 4), defining a plunger gauge therebetween, that defines a span of said linear displacement (See at least Figures 3-4).
Regarding claim 41, Lloyd discloses wherein in the first angular state said linear displacement is enabled and the rotatable element is blocked from rotation, the rotation towards the second angular state being enabled when the plunger is in the retracted state (See at least Figures 3-4).
Regarding claim 42, Lloyd discloses wherein upon rotation into a state other than the first angular state, the displacement of the plunger into the extended state is blocked (See Figure 4, plunger is blocked from moving in to extended state (Figure 3) when door is rotated).
Regarding claim 43, Lloyd discloses wherein the plunger comprises an urging element (elements 30-31), urging the plunger into the extended state.
Claims 40, 41, and 43 are rejected under 35 U.S.C. 102a1 as being anticipated by Bellucci et al. (US 3,768,203)
Regarding claim 40, as best understood, Bellucci discloses a hinging device connectible to a frame element (Figures 1-3 and 7, considered portion of element 32 on which element 34 is mounted) and to an edge of a closure unit (Figures 1-2, Considered right “edge” of element 14, including element 23. Examiner notes that the hinging device and closure unit edge are “connected”) and configured to permit (i) linear displacement of the closure unit between a closed position (See Figure 1), in which said edge is distanced from said frame element, and an intermediate position, in which said edge and said frame element are proximal to one another (See Figures 1-2 and 7, “edge” (area of element 23) of element 14 is closer (i.e. proximal) to portion of element 32 on which hinging device is mounted in Figure 2), and (ii) pivotal movement about a pivot axis between said intermediate position and an open position (See Figure 3), the hinging device (considered at least elements 26, 35, 28, 29, 44, 46) comprising a housing (element 26) attachable to one of an edge of a closure unit and a frame element and holding a rotatable element (element 29), rotatable between a first angular state and a second angular state (See Figures 1-3, element 29 is rotatable between numerous positions); and a plunger (element 44) coupled to the rotatable element at its proximal end and attachable at its other, distal end to the other of an edge of a closure unit and a frame element (Examiner notes that plunger (element 44) is coupled at “its other end” to element 40 which is directly mounted to the frame and considered to be “a frame element”), the plunger being reciprocal in a plunger axis between an extended state and a retracted state, defining a plunger gauge therebetween, that defines a span of said linear displacement (See Figures 1 and 2, as best understood, the amount of displacement of the plunger (element 44) is directly proportional to the amount of displacement of the door (element 14)).
Regarding claim 41, Bellucci discloses wherein in the first angular state said linear displacement is enabled and the rotatable element is blocked from rotation, the rotation towards the second angular state being enabled when the plunger is in the retracted state (See Figures 1-3).
Regarding claim 43, Bellucci discloses wherein the plunger comprises an urging element (element 40 “urges” element 44), urging the plunger into the extended state.
Allowable Subject Matter
Examiner believes that Claims 30-31, 35-36, 38-39, and 44-45 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/JUSTIN B REPHANN/Examiner, Art Unit 3634