DETAILED ACTION
This nonfinal office action is in response to the claims filed on May 19, 2025.
Status of claims: claims 21-37 are cancelled; claims 1-20 are hereby examined below.
Claim Objections
Claims 1, 6, 9, 14 and 20 are objected to because of the following informalities:
Claim 1, line 2 – shouldn’t “fastener is to connect” be amended to something along the lines of “fastener extends to connect”
Claim 6, line 2 – shouldn’t “extending from the first plate” be amended to “extending from the third plate?”
Claim 9 – “an elongate length” is odd and perhaps the “elongate” should be deleted
Claim 14, line 4 – “the retention block to ;” is odd and needs review
Claim 20, line 7 – shouldn’t “including” be amended to “included”
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 1027714 to Ferris.
Ferris discloses an apparatus comprising:
a first plate I, I’ including a slot through which a first fastener E is to connect to a door panel; (see FIGS. 1-3; note the first fastener connects to the door panel via at least elements I, H, F and J)
a second plate F to be between the first plate and a head of the first threaded fastener when the first threaded fastener is connected to the door panel; (see FIG. 1 and FIG. 2 below; note in FIG. 1 a portion of second plate F is positioned between a portion of I of the first plate and a head of the second plate F) and
a second threaded fastener H to couple the first and second plates so that rotation of the second threaded fastener results in movement of the second plate and the connected door panel relative to the first plate.
Ferris failed to disclose the first fastener E is threaded.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to swap the Ferris first fastener with a threaded fastener in order to ensure a stronger engagement between the fastener and first plate as well as since it has been held to be within the general skill of a worker in the art at the time the invention was made to select a known fastener on the basis of its suitability for the intended use as a matter of design choice. Further, threaded female receptacles are old and well-known and used commonly to mate with male threaded members to provide a secure yet rotatable connection. (claim 1)
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Ferris, as applied above, further discloses wherein the door panel is a horizontally translating door panel. (see FIG. 1) (claim 2)
Ferris, as applied above, further discloses wherein the movement of the second plate relative to the first plate is to be in a direction substantially perpendicular to a direction of travel of the translating door panel. (see FIG. 1 and 2) (claim 3)
Ferris, as applied above, further discloses a third plate G,g,g1 coupled to the first plate, the third plate substantially perpendicular to the first plate, the door panel to be supported from a track via the third plate. (see FIG. 2) (claim 4)
Ferris, as applied above, further discloses wherein the second threaded fastener extends through the third plate. (see FIG. 2) (claim 5)
Ferris, as applied above, further discloses the second threaded fastener extends through a flange (flange is one side of I’ on a side of I; see FIG. 2 above) extending from the first plate, the flange spaced apart from the second plate. (claim 6)
Ferris, as applied above, further discloses wherein the second threaded fastener is to be connected to the second plate via an arm protruding from the second plate. (see annotated FIG. 2 above) (claim 7)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ferris, as applied to claim 1 above.
Ferris, as applied above, further discloses wherein the second threaded fastener is a screw, but fails to disclose that the screw is a set screw.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to swap the Ferris second threaded fastener with a set screw in order to eliminate the need of a nut or other attaching device, for aesthetic reasons as well as since it has been held to be within the general skill of a worker in the art at the time the invention was made to select a known fastener on the basis of its suitability for the intended use as a matter of design choice. (claim 10)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ferris, as applied to claim 1 above, in further view of US 3017656 to Hillson et al. (hereinafter “Hillson”).
Ferris fails to disclose an anchor plate, retention block, and shim.
Hilson teaches of an anchor plate 11 to be positioned on a floor, the anchor plate to extend underneath the door panel 36; a retention block 20 to be coupled to the anchor plate, the retention block to ; and a shim 21 to adjust a position of the retention block relative to the anchor plate in a direction transverse to a travel path of the door panel. (see FIGS. 1 and 5)
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 include an anchor plate, retention block, and shim with Ferris, as taught by Hilson with a reasonable expectation of success in order to further guide movement of a lower portion of the door panel. (claim 14)
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ferris, as applied to claim 1 above, in further view of US 20220356743 to Beggs et al. (hereinafter “Beggs”).
Ferris fails to disclose a controller to collect torque data.
Beggs teaches of an apparatus including a controller 116 to: collect torque data from a sensor (“torque sensor”) monitoring movement of the door panel; and determine, based on the torque data, different torque thresholds for different zones of operation associated with at least one of an opening cycle of the door panel or a closing cycle of the door panel. (see [0051])
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 Ferris with a controller and torque sensor, as taught by Beggs with a reasonable expectation of success in order to improve movement control of the door panel and to detect when, for example, an obstruction is in the travel path of the door panel. (claim 15)
Claims 1, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ferris.
Ferris discloses an apparatus comprising:
a first plate I, I’,D, C including a slot through which a first fastener d is to connect to a door panel; (see FIGS. 1-3; note the first fastener connects to the door panel via at least elements C, D, I, H, F and J)
a second plate F to be between the first plate and a head of the first threaded fastener when the first threaded fastener is connected to the door panel; (see FIG. 1; note in Fig. 1 a portion of the second plate F is positioned between a portion of element I of the first plate and the head of first fastener d) and
a second threaded fastener H to couple the first and second plates so that rotation of the second threaded fastener results in movement of the second plate and the connected door panel relative to the first plate.
Ferris failed to disclose the first fastener E is threaded.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to swap the Ferris first fastener with a threaded fastener in order to ensure a stronger engagement between the fastener and first plate as well as since it has been held to be within the general skill of a worker in the art at the time the invention was made to select a known fastener on the basis of its suitability for the intended use as a matter of design choice. Further, threaded female receptacles are old and well-known and used commonly to mate with male threaded members to provide a secure yet rotatable connection. (claim 1)
Ferris, as applied above, further discloses wherein the second threaded fastener is to extend into a side edge of the second plate between first and second surfaces of the second plate, the first surface to face toward the first plate, the second surface (see annotated FIG. 2 above) to face toward the head of the first threaded fastener. (claim 8)
Ferris, as applied above, further discloses wherein an axis of rotation of the second threaded fastener is substantially parallel to an elongate length of the slot. (see FIG. 2 above) (claim 9)
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 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ferris.
Ferris discloses an apparatus comprising:
a plate I, I’ to be held adjacent a top edge of a door panel (includes elements C,B; see FIG.; 1);
a bracket F,G to be held adjacent the plate, the plate between the bracket and the top edge of the door panel, the bracket to be fastened to the door panel so that the bracket and the door panel are capable of moving in unison relative to the plate; and
a threaded fastener H to extend through at least a portion of the bracket, rotation of the threaded fastener to slidably adjust a position of both the bracket and the door panel relative to the plate. (see FIGS. 1 and 2) (claim 16)
Ferris further discloses wherein the fastener is a first fastener, and the bracket is to be fastened to the door panel by a second fastener E extending through a slot in the plate. (see FIG. 1) (claim 17)
Ferris further discloses wherein the plate is a first plate, the apparatus further including a second plate G o be coupled and extending transverse to the first plate, the threaded fastener to extend through the second plate. (see FIG. 1) (claim 18)
Ferris further discloses wherein the rotation of the threaded fastener is to cause the position of both the bracket and the door panel to be adjusted in a direction substantially perpendicular to a face of the door panel. (see FIGS. 1 and 2) (claim 19)
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 833438 to Burkholder.
Burkholder discloses an apparatus comprising:
a track coupling assembly 23,17,2,3 to be coupled to a track adjacent a doorway;
a panel coupling assembly 8 (see FIG. 2) to be coupled to a top of a door panel, the door panel to selectively block and unblock the doorway;
a first threaded fastener 15 to couple the panel coupling assembly to the track coupling assembly, rotation of the first threaded fastener to adjust a height of the door panel; and
a second threaded fastener 20 including in the panel coupling assembly, rotation of the second threaded fastener to adjust a distance of the door panel from the doorway. (claim 20)
Allowable Subject Matter
Claims 11-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634
Prosecution Insights