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 .
This Office Action is in response to the claims filed on 06/11/2026.
Claims 1-15 are currently pending and have been examined below.
Drawings
Applicant’s amendment directed to the drawing objection filed on the previous Office Action (03/16/2026) was accepted and the previous objection was withdrawn.
Claim Objections
Claims 1, 6, and 11 are objected to because of the following informalities:
In line 13 of claim 1, “the space” should read --a space--. Note that this issue is also present in claims 6 and 11.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Skold et al. (US 20200370363) (hereinafter “Skold”) in view of Raven (AU 2013245579).
Claims 1 and 6
(Skold discloses)
“A door system (figure 1) comprising: a door (102)” (claim 6); and
“A door shoe (figure 1) comprising” (claims 1 and 6):
a first shoe member (Partial Annotated figure 1 below) configured to be operatively coupled to a first face of a door (Partial Annotated figure 1 below), wherein the first shoe member is an L-shaped member (Partial Annotated figure 1 below) comprising:
an upper flange (Partial Annotated figure 1 below); and
a lower flange (Partial Annotated figure 1 below);
an inner intumescent portion (110) operatively coupled to an inner surface (inner surface facing the door) of the lower flange opposite an outer surface (outer surface facing the floor) of the lower flange (figure 1);
a second shoe member (Partial Annotated figure 1 below) configured to be operatively coupled to a second face of the door (Partial Annotated figure 1 below);
wherein the first shoe member and the second shoe member are configured to be operatively coupled to the door with a space formed between the lower flange of the first shoe member and the second shoe member (Partial Annotated figure 1 below) to form a thermal break between the first shoe member and the second shoe member (Partial Annotated figure 1 below);
wherein the first shoe member and the second shoe member are made as having a single layer being a uniform type of material (figure 1); and
wherein the door shoe has a UL90 fire rating (Excerpt 1 from par. 5 below) (claims 1 and 6).
Skold fails to disclose:
(i) the lower flange having a first channel and a second channel on an outer surface of the lower flange;
(ii) a first gasket operatively coupled to the first channel;
(iii) a second gasket operatively coupled to the second channel;
(iv) an outer intumescent portion operatively coupled to the outer surface of the lower flange between the first channel having the first gasket and the second channel having the second gasket, wherein the outer intumescent is configured to be exposed to a floor or a threshold, and wherein the first gasket and the second gasket are not configured to extend into the space below and between the outer intumescent and the floor or the threshold before being exposed to a fire;
(v) the inner intumescent portion opposite the outer intumescent portion on the outer surface of the lower flange;
(vi) wherein the first gasket and the second gasket each comprise two or more legs, wherein the two or more legs are configured to engage with the floor or the threshold; and
(vii) wherein the first shoe member and the second shoe member are made as extruded aluminum members.
However, Raven teaches:
A door shoe (Raven figures 1-3);
(i) a lower flange (11; Raven figures 2-3) having a first channel (left channel defined by 27 and 28) and a second channel (right channel defined by 29 and 30) on an outer surface of the lower flange (channels are located at the outer surface of the lower flange facing the floor 3);
(ii) a first gasket (16) operatively coupled to the first channel;
(iii) a second gasket (22) operatively coupled to the second channel;
(iv) an outer intumescent portion (25) operatively coupled to the outer surface of the lower flange between the first channel having the first gasket and the second channel having the second gasket (Raven figure 2), wherein the outer intumescent is configured to be exposed to a floor (Raven figure 3) or a threshold, and wherein the first gasket and the second gasket are not configured to extend into the space below and between the outer intumescent and the floor or the threshold before being exposed to a fire (the first and second gaskets are not located between the outer intumescent and the floor; Raven figures 2-3).
(vi) wherein the first gasket and the second gasket each comprise two or more legs (see the plurality of legs of the brushes 16 and 22), wherein the two or more legs are configured to engage with the floor or the threshold (Raven figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the outer surface of the lower flange of Skold with the first and second channels, first and second gaskets, and the outer intumescent located between the first and second gaskets of Raven for improving the sealing underneath the door shoe and to provide a sweeping functionality to the door shoe as the door is being opened or closed to maintain a dust-free area. Furthermore, the outer intumescent prevents smoke and fire from passing underneath the door. Additionally, Skold discloses a door shoe with fire proofing features (par. 0005) and Raven is directed to a fire door seal with smoke resistant features (see abstract), therefore one of the ordinary skill in the art has reasons to look to Raven for improvements in the door shoe of Skold.
(v) (Skold, as modified above, discloses) the inner intumescent portion opposite the outer intumescent portion on the outer surface of the lower flange (this is inevitably taught via the combination above).
(vii) However, 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, therefore it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to provide the first shoe member and second shoe member of modified Skold such that they are made as extruded aluminum members, with a reasonable expectation of success, for the known manufacturing benefits of aluminum such as being an easily shaped material and lightweight without sacrificing durability for easy attachment to the fire door.
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Partial Annotated figure 1
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Excerpt 1
Claims 2 and 7
(Skold, as modified above, discloses) “The door shoe of claim 1” (claim 2) and “The door system of claim 6” (claim 7), wherein the lower flange of the first shoe member is configured to extend across a majority of a bottom edge between the first face and the second face of the door (figure 1).
Claim 3
(Skold, as modified above, discloses) The door shoe of claim 1, wherein the second shoe member is a planar-shaped member having at least one straight portion (the second shoe member of applicant’s invention is planar-shaped with a bent at the top end which is similar to the second shoe member of modified Skold, as such they are both interpreted similarly).
Claims 4 and 9
(Skold, as modified above, discloses) “The door shoe of claim 1” (claim 4) and “The door system of claim 6” (claim 9), further comprising:
one or more end caps (108), wherein the one or more end caps cover at least a portion of the door and a portion of a door shoe cavity (Partial Annotated figure 1 above and figure 1), wherein the door shoe cavity is formed between a bottom edge of the door and the first shoe member and the second shoe member (Partial Annotated figure 1 above).
Claims 5 and 10
(Skold, as modified above, discloses) “The door shoe of claim 1” (claim 5) and “The door system of claim 6” (claim 10).
Modified Skold fails to disclose wherein at least a portion of the lower flange of the first shoe member is located below a lower end of the second shoe member.
However, 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 modify the height of the lower flange of the first shoe member to be located below a lower end of the second shoe member, with a reasonable expectation of success, to further reduce the gap underneath the door as such improving the sealing and further preventing the traversing of foreign elements.
Claim 8
(Skold, as modified above, discloses) The door system of claim 6, wherein the second shoe member is a planar-shaped member (the second shoe member of applicant’s invention is planar-shaped with a bent at the top end which is similar to the second shoe member of modified Skold, as such they are both interpreted similarly).
Claim 11
(Skold discloses) A method of installing a door shoe (shown in figure 1) to a door (102), the method comprising:
assembling a first shoe member (Partial Annotated figure 1 above) to a first face of the door using one or more door shoe connectors (112; Partial Annotated figure 1 above), wherein the first shoe member is an L-shaped member (Partial Annotated figure 1 above) comprising:
an upper flange (Partial Annotated figure 1 above); and
a lower flange (Partial Annotated figure 1 above);
an inner intumescent portion (110) operatively coupled to an inner surface (inner surface facing the door) of the lower flange opposite an outer surface (outer surface facing the floor) of the lower flange (figure 1); and
assembling a second shoe member (Partial Annotated figure 1 above) to a second face of the door using one or more door shoe connectors (112; Partial Annotated figure 1 above);
wherein the first shoe member and the second shoe member have a space (Partial Annotated figure 1 above) between the lower flange of the first shoe member and the second shoe member to form a thermal break (Partial Annotated figure 1 above);
wherein the first shoe member and the second shoe member having a single layer being a uniform type of material (figure 1); and
wherein the door shoe has a UL90 fire rating (Excerpt 1 above).
Skold fails to disclose:
(i) the lower flange having a first channel and a second channel on an outer surface of the lower flange;
(ii) a first gasket operatively coupled to the first channel;
(iii) a second gasket operatively coupled to the second channel;
(iv) an outer intumescent portion operatively coupled to the outer surface of the lower flange between the first channel having the first gasket and the second channel having the second gasket, wherein the outer intumescent is configured to be exposed to a floor or a threshold, and wherein the first gasket and the second gasket are not configured to extend into the space below and between the outer intumescent and the floor or the threshold before being exposed to a fire;
(v) the inner intumescent portion opposite the outer intumescent portion on the outer surface of the lower flange;
(vi) wherein the first gasket and the second gasket each comprise two or more legs, wherein the two or more legs are configured to engage with the floor or the threshold; and
(vii) wherein the first shoe member and the second shoe member are made extruded aluminum members.
However, Raven teaches:
A door shoe (Raven figures 2-3);
(i) a lower flange (11; Raven figures 2-3) having a first channel (left channel defined by 27 and 28) and a second channel (right channel defined by 29 and 30) on an outer surface of the lower flange (channels are located at the outer surface of the lower flange facing the floor 3);
(ii) a first gasket (16) operatively coupled to the first channel;
(iii) a second gasket (22) operatively coupled to the second channel;
(iv) an outer intumescent portion (25) operatively coupled to the outer surface of the lower flange between the first channel having the first gasket and the second channel having the second gasket (Raven figure 2), wherein the outer intumescent is configured to be exposed to a floor (Raven figure 3) or a threshold, and wherein the first gasket and the second gasket are not configured to extend into the space below and between the outer intumescent and the floor or the threshold before being exposed to a fire (the first and second gaskets are not located between the outer intumescent and the floor; Raven figures 2-3).
(vi) wherein the first gasket and the second gasket each comprise two or more legs (see the plurality of legs of the brushes 16 and 22), wherein the two or more legs are configured to engage with the floor or the threshold (Raven figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the outer surface of the lower flange of Skold with the first and second channels, first and second gaskets, and the outer intumescent located between the first and second gaskets of Raven for improving the sealing underneath the door shoe and to provide a sweeping functionality to the door shoe as the door is being opened or closed to maintain a dust-free area. Furthermore, the outer intumescent prevents smoke and fire from passing underneath the door. Additionally, Skold discloses a door shoe with fire proofing features (par. 0005) and Raven is directed to a fire door seal with smoke resistant features (see abstract), therefore one of the ordinary skill in the art has reasons to look to Raven for improvements in the door shoe of Skold.
(v) (Skold, as modified above, discloses) the inner intumescent portion opposite the outer intumescent portion on the outer surface of the lower flange (this is inevitably taught via the combination above).
(vii) However, 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, therefore it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to provide the first shoe member and second shoe member of modified Skold such that they are made as extruded aluminum members, with a reasonable expectation of success, for the known manufacturing benefits of aluminum such as being an easily shaped material and lightweight without sacrificing durability for easy attachment to the fire door.
Claim 12
(Skold, as modified above, discloses) The method of claim 11, wherein the lower flange of the first shoe member is configured to extend across a majority of a bottom edge between the first face and the second face of the door (figure 1).
Claim 13
(Skold, as modified above, discloses) The method of claim 11, wherein the second shoe member is a planar-shaped member (the second shoe member of applicant’s invention is planar-shaped with a bent at the top end which is similar to the second shoe member of modified Skold, as such they are both interpreted similarly).
Claim 14
(Skold, as modified above, discloses) The method of claim 11, further comprising:
assembling one or more end caps (108) to the door, the first shoe member, or the second shoe member (figure 1), wherein the one or more end caps cover at least a portion of the door and a portion of a door shoe cavity (Partial Annotated figure 1 above and figure 1), wherein the door shoe cavity is formed between a bottom edge of the door and the first shoe member and the second shoe member (Partial Annotated figure 1 above).
Claim 15
(Skold, as modified above, discloses) The method of claim 11.
Modified Skold fails to disclose wherein at least a portion of the lower flange of the first shoe member is located below a lower end of the second shoe member.
However, 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 modify the height of the lower flange of the first shoe member to be located below a lower end of the second shoe member, with a reasonable expectation of success, to further reduce the gap underneath the door as such improving the sealing and further preventing the traversing of foreign elements.
Response to Arguments
Applicant's arguments filed on 06/11/2026 have been fully considered.
Applicant’s amendments directed to the previous drawing objections were considered and the objections were withdrawn. Applicant’s remarks were found persuasive.
Applicant’s remarks directed to the objections to the claims are moot. The claim amendments address the previously made claim objections.
Applicant’s arguments regarding the rejections under 35 USC 103 were directed to the combination of Skold in view of Ohrstrom and in further view of Hughes. Arguments directed to Ohrstrom and Hughes are moot as both prior art were not relied upon in the rejection above.
Examiner notes that applicant points out “Hughes does not teach or suggest placing intumescent material on a door shoe's lower flange, much less positioning such material between two gasket channels on the outer surface of the lower flange” which seems to indicate that the crux of the invention is the placement of the outer intumescent on a door shoe's lower flange and between two gasket channels. These features of the invention are both taught by Raven as discussed in the rejection above. The claim amendments necessitated the new grounds of rejection discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rissone (US 6442901) is cited as being pertinent prior art as it teaches a door shoe (see Rissone figures 3a-3b) with an outer intumescent (61) located between a left and right channel (channels accommodating 43 and 45) and left and right gaskets (47).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (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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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
