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 .
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).
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 contacting a rear surface of the curtain (the rear surface of the curtain is shown in Figure 20) and having a rear face (face of the rear ring contacting 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 located horizontally rearward of the rear face of the rear ring [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, or 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.
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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. 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 above the lower edge of the rear ring such that 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 a routine matter of rearranging parts. 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), 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 11/25/25 have been fully considered but they are not persuasive.
Applicant argues that Beyda, as modified by Lee, fails to disclose the combinations of structural features recited in the claims, but this argument is not found persuasive. Applicant argues that the liner hook of Beyda does not extend vertically downward along a vertical axis located horizontally rearward of a rear face of the ring. The rear face of the ring is defined as the surface of the rear ring that contacts the curtain in the assembled position. Beyda discloses a vertical axis of the liner hook that is horizontally and rearwardly spaced from said rear face, as shown in the annotated drawing above. This arrangement of the rear face and the horizontal rearward direction is consistent with the arrangement disclosed in the instant application (shown in at least Figure 11). When modifying the liner hook of Beyda to have the hook support projection connection taught by Lee, one of ordinary skill in the art would be motivated to have maintained this offset, as positioning the hook support projection in a location that extends past the rear face of the rear ring would result in an interference with the connection between the rings or the curtain.
It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Applicant’s arguments do not establish a critical feature or result of the particular location of the hook support projection that is not taught by the combination or that would require knowledge beyond that of one of ordinary skill in the art. The arguments are therefore not found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 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