DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/17/26 has been entered.
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, 6-8, 11, and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Beyda (U.S. Patent Application Publication No. 2018/0020861) in view of Lee (U.S. Patent No. 6,131,243) and Hatton (U.S. Patent No. 10,264,908).
Regarding claims 1 and 11, Beyda discloses a curtain and grommet assembly [FIGS. 19-21] comprising:
a curtain (300); and
multiple curtain grommets (100) secured adjacent to an upper edge of the curtain [FIGS. 19-21], wherein each curtain grommet comprises:
a front ring (200) contacting a front of the curtain (the front of the curtain is shown in Figure 19) and having a front split portion (204) at an upper end thereof;
a rear ring (120, 130) secured to the front ring comprising a front face (face of the rear ring contacting the curtain 300) contacting a rear surface of the curtain (the rear surface of the curtain is shown in Figure 20) and a rear face (opposite face of the rear ring facing away from the curtain 300), a lower edge and a rear split portion (123) at an upper end thereof [FIG. 20]; wherein the front split portion of the front ring and the rear split portion of the rear ring are aligned to form a split in the curtain grommet [FIGS. 19, 20] that is aligned with an adjacent split (400) in the curtain; and
a liner hook (128) comprising a hook end structured and arranged for insertion through a liner grommet of a curtain liner (paragraph 0063; the liner hooks 128 are inserted through reinforced openings 510 in the curtain liner 500; also shown in Figure 21) and an attachment end [FIG. 10] (see annotated drawing below) attached to the rear ring of the grommet [FIGS. 9, 20, 21] and extending vertically downward from the rear ring along a vertical axis [FIG. 10] (see annotated drawing below), wherein the liner hook is positioned in an extended position structured and arranged for the hook end to extend through the liner grommet and support the curtain liner [FIG. 21], and a plane defined by a rear face of the rear ring. Beyda does not disclose a hook support projection on the rear ring, that the liner hook is rotatable to a flattened position in a plane substantially parallel to the plane defined by the rear face of the ring, or that the vertical axis of the attachment end is located horizontally rearward of the rear face.
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Nonetheless, Lee discloses a hook support projection (412) attached to and extending rearwardly away from a rear face of a respective carrier element (41) in a horizontal direction perpendicular to a plane defined by the rear face (as shown in Figure 2, the hook support projection 412 extends outwardly from a rear face of the carrier 41 in a horizontal direction); and a hook (43) rotatable around a vertical axis from a first position relative to the carrier element to a flattened position in a plane substantially parallel with a plane defined by the carrier element [FIG. 2].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the rear ring and liner hook of Beyda to include a hook support projection and liner hook rotatable relative to the rear ring, as taught by Lee, in order to enable the liner to hang in a position that reduces wrinkles and creases, and to enable replacement of the liner hook should it become damaged, or removal of the liner hook if it isn’t necessary for the application. Beyda further discloses positioning of the liner hook to be entirely located in a space opposite the rear face of the rear ring.
Furthermore, Hatton discloses a curtain suspension device comprising a rear attachment part (36; corresponds to the claimed rear ring) comprising a front face contacting a rear surface of a curtain (the front face is the surface contacting the curtain 12) and a rear face opposite the front face (the rear face is the face visible in Figure 3), and an attachment end (16) of a respective hook extending along a vertical axis located horizontally rearward of the rear face of the rear attachment part (as shown in at least Figures 1-3, the rod 16 extends along a vertical axis positioned within the opening 24, which is offset from the rear face in a rearward horizontal direction).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the hook support projection and hook of Lee in a position in which the hook extends vertically downward from the hook support projection along a vertical axis located horizontally rearward of the rear face of the rear ring, as taught by Hatton, in order to ensure that contact between the curtain and the liner hook is minimized during rotation of the liner hook, so as to prevent the curtain or liner from bunching or hanging unevenly. It is noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Providing the hook and hook support projection in such a position provides the obvious benefits of preventing the hook and support projection from interfering with the curtain or with the engagement between the front and rear rings of the grommet.
Regarding claims 6, 7, 16, and 17, Beyda discloses the liner hook, but does not disclose that the liner hook comprises an attachment end inserted into a hook support projection.
Nonetheless, Lee discloses a hook (43) and a hook support projection (412), wherein the hook comprises an attachment end (435) inserted in the hook support projection [FIG. 2]; wherein the attachment end of the hook comprises deformable opposing fingers (two sections of the attachment end 435 separated by the slit 437) contacting and retained within the hook support projection [FIGS. 2, 3].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the liner hook of Beyda to include the attachment end and hook support projection, as taught by Lee, in order to enable the liner to hang in a position that reduces wrinkles and creases, and to enable replacement of the liner hook should it become damaged, or removal of the liner hook if it isn’t necessary for the application.
Regarding claims 8 and 18, Beyda discloses that the front split portion of the front ring and the rear split portion of the rear ring are vertically aligned [FIGS. 4, 20].
Regarding claims 21 and 22, Beyda discloses multiple pins (230) extending between the front and rear rings [FIG. 5] and through the curtain structured and arranged to secure the front and rear rings together with a portion of the curtain located between the front and rear rings (paragraph 0057).
Regarding claims 19 and 20, Beyda discloses that the multiple pins extend from the front ring and are received in holes (115) in the rear ring (paragraph 0053); wherein the pins are cylindrical [FIG. 17] (paragraph 0053).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Beyda (U.S. Patent Application Publication No. 2018/0020861) in view of Lee (U.S. Patent No. 6,131,243) and Hatton (U.S. Patent No. 10,264,908), as applied to claim 1 above, and further in view of Zahner (U.S. Patent Application Publication No. 2015/0068688).
Regarding claims 9 and 10, Beyda, as modified above, discloses the split in the curtain but does not disclose that the slit is a vertical slit.
Nonetheless, Zahner discloses a curtain and grommet assembly comprising a slit (17) in the curtain (20) that is vertical [FIGS. 1, 3, 6], wherein the vertical slit in the curtain extends vertically upward from a top portion of the grommet (30) to an upper edge of the curtain [FIG. 3].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the slit of Beyda, as modified above, to extend vertically, as taught by Zahner, in order to eliminate the need for left and right handed grommets, and to reduce the visibility of the slit in the curtain by providing it above the grommet instead of horizontally positioned between the grommets.
Response to Arguments
Applicant’s arguments, filed 6/17/26, with respect to the rejection(s) of claim(s) 1, 6-11, and 16-22 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the amendments to the claims and the newly applied prior art reference (Hatton).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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/ABE MASSAD/Primary Examiner, Art Unit 3634
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