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 .
DETAILED ACTION
This is a non-final First Office Action on the Merits in application 19/173,368, filed 4/8/2025.
Applicant is reminded that a properly executed inventor's oath or declaration has not been received
Claims 1-20 are pending and examined.
Claim Objections
Claims 2-15 and 17-20 are objected to because of the following informalities: in claim 2-15, line 1, “A door” should be “The door”; in claim 2, line 1, “wherein door” should be “wherein the door”; and in claim 17-20, “A method” should be “The method”. 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 1-15 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.
In claim 1, line 3, “the door skin” has no antecedent basis and should be changed to “the door panel” to overcome the rejection.
In claim 5, it is not clear how the cavity gap and sealant cavity interrelate.
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Mullet(U.S. Pat. Appl. Publ. 2011/0107703; cited on PTO 892) in view of Gouge(U.S. Pat. Appl. Publ. 2021/0277706; cited on PTO 892) and evidenced by Garrett(U.S. Pat. Appl. Publ. 2010/0281805; cited on PTO 892).
Mullet discloses a door panel(see Fig. 1) comprising:
a first skin(22, see para. [0032] and Fig. 2) and a second skin(26, see para. [0032] and Fig. 2) positioned opposite from each other on opposite major sides of the door panel(see para. [0032] and Fig. 1), wherein each of the first skin and the second skin comprise a bottom edge, a first side edge, and a second side edge(see Figs. 1 and 2);
a first stile(30, see para. [0033] and Fig. 2) positioned between the first side edges of the first skin(22) and the second skin(26), the first stile comprising a first stile cap(outer edge of 30 between 38, see Fig. 2) exposed between the first edge of the first skin and the first edge of the second skin, and a first interior stile(shorter portion of 30, see Fig. 2) located inward from the first stile cap(see Fig. 2), wherein the first stile cap extends from the bottom edges of the first skin and the second skin to a top edge of the door panel, and wherein the first interior stile comprises a first inset end spaced inward from the bottom edges of the first skin and the second skin and a bottom end of the first stile cap(see Fig. 2);
a second stile(32, see para. [0033] and Fig. 2) positioned between the second side edges of the first skin(22) and the second skin(26), the second stile comprising a second stile cap(outer edge of 32 between 38, see Fig. 2) exposed between the second edge of the first skin and the second edge of the second skin, and a second interior stile(shorter portion of 30, see Fig. 2) located inward from the second stile cap(see Fig. 2), wherein the second stile cap extends from the bottom edges of the first skin and the second skin to a top edge of the door panel, and wherein the second interior stile comprises a second inset end spaced inward from the bottom edges of the first skin and the second skin and a bottom end of the second stile cap(see Fig. 2); and
a bottom rail(36, see Fig. 2) located between the bottom edges of the first skin and the second skin, the bottom rail positioned in a pocket defined by the first skin, the second skin, the inset end of the first interior stile, the inset end of the second interior stile, the first stile cap, and the second stile cap(see Figs. 1 and 2 wherein the bottom rail fits into the elements to make up the door), wherein the bottom rail comprises:
a first end proximate the first stile cap and a second end proximate the second stile cap(see paras. [0039] and [0043] and Figs. 2 and 9),
an interior face(37) extending from the first end to the second end(see Fig. 2), the interior face facing towards the first inset end of the first interior stile and the second inset end of the second interior stile(see Fig. 2),
an exterior face facing away from the first bottom end of the first interior stile and the second bottom end of the second interior stile(face opposite 37, see Fig. 2), and
a side surface extending between the interior face and the exterior face of the bottom rail about a perimeter of each of the interior face and the exterior face(see Fig. 2);
a first and second side cavity(40) located between the first and second stiles and the first and second skins, respectively(see Figs. 9 and 10); and
sealant(adhesive 66) located in the first side sealant cavity and the second side sealant cavity(see para. [0039] and [0042] and [0056] and Figs. 8 and 9).
Mullet discloses the cavities on the stiles receiving an adhesive therein(see para. 0042]) but lacks similar cavities in the bottom rail.
It would have been obvious for one having ordinary skill in the art to have duplicated the cavities located in the stiles into the rail in order to have provided a secure attachment between the rail and the skins.
Mullet lacks the sealant specifically being flowable.
Gouge discloses a door with a flowable sealant(42, see para. [0043] and Fig. 4) in a cavity of the area between the elements(14/16 and 18) to be attached to one another.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have substituted the sealant and cavity of Mullet with the attachment of Gouge given that KSR International Co. v. Teleflex Inc., 550 U.S. 398, 127 S.Ct. 1727, 82 USPQ.2d 1385 (Fed. Cir. 2005), cert. granted, 547 U.S. __ (2006) has found that the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Mullet lacks the specific material of the stiles
Applicant’s disclosure lends no criticality to the specific material of the stiles(see page 22, lines 19-24).
The use of composite stiles is considered well known in the construction art(as evidenced by Garett, see claim 17).
Therefore, the specific material chosen for the stiles is considered a feature best determined by a skilled artisan given the intended use of the element and design requirements thereof.
Regarding claim 2, Mullet and Gouge disclose the door panel according to claim 1, wherein the door panel comprises:
a first and second end sealant cavity located between the side surface of the bottom rail and the first and second stile cap, respectively, proximate the first end of the bottom rail; and sealant(66) located in the first and second end sealant cavity(the space between the stiles cap allowing the bottom rail to be received inherently has at least some amount of a cavity allowing for a sealant to be between the rail and stiles meeting the claim limitation); and
a flowable sealant located in the end sealant cavities(see combination of claim 1 above for sealant being flowable).
Regarding claims 3-4, Mullet and Gouge disclose the door panel according to claim 2, but lacks the cavities comprising a continuous sealant cavity, and wherein the flowable sealant in the cavities extends continuously through the cavities.
It would have been well within the purview of a skilled artisan to have provided the cavities of Mullet and Gouge as a continuous cavity to allow the sealant to flow and ensure the cavities were completely full to ensure a good attachment of the rail to the stiles/skins.
Regarding claim 5, Mullet and Gough disclose as best understood, the door panel according to claim 1, wherein the bottom rail defines a first and second side sealant cavity gap(at least one of the channels as discussed in the duplication of parts in claim 1 above) between the side surface of the bottom rail and the first and second skin, respectively, along the bottom edge of the first skin and a second side sealant cavity gap between the side surface of the bottom rail and the second skin along the bottom edge of the second skin.
Regarding claims 6-7, Mullet and Gouge disclose the door panel according to claim 5, Mullet discloses the door having cavities and adhesive but lacks the specific cavities/gaps.
It would have been well within the purview of a skilled artisan to have interconnected the rails, stiles and skins with cavities/gaps and sealant in order to have securely attached the elements. The specifics of the cavitied and gaps is considered a feature best determined by a skilled artisan given the intended use of the element and design requirements thereof.
Allowable Subject Matter
Claims 16-20 are allowed.
Claims 8-15 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.
No prior art of record shows a door panel having skins, stiles and a bottom rail with cavities, and a stop in the bottom rail as in claims 8 and 10, or a door panel having skins, stiles and a bottom rail with cavities, and a pressure relief feature in the bottom rail as in claims 12 and 13, or a method of shortening a door panel by cutting portions of the skins and stiles forming a pocket and inserting a bottom rail and a flowable sealant into cavities between the rail and stiles/caps/skins, as in claim 16, nor any motivation to do so.
Prior Art
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 BETH A. AUBREY whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/
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