DETAILED ACTION
The following Final Office Action is in response to the RCE filed 12/23/2025.
Status of the claims: Claims 16,19-24 and 27-35 are hereby examined below.
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 16,19-24 and 27-34 are rejected under 35 U.S.C. 103 and being unpatentable over Worrall US 4,874,026 in view of Andre de la Porte US 2015/0041076 and Kim US 2019/0381867.
In regard to claim 16, Worral ‘026 discloses a shading device comprising: a retractable and deployable shading curtain (40) that has a first longitudinal side (top) and a second longitudinal side (bottom) opposite to the first longitudinal side; a drawing device (16) configured to deploy the shading curtain; a first guide rail (104) having a groove configured to receive and guide the first longitudinal side (top) of the shading curtain; wherein: a deployed section of the first longitudinal side (top) of the shading curtain (40) is at least partially received in the groove when the shading curtain is in a partially deployed or finally deployed state, the shading curtain (40) includes a first shading layer made of a first flexible material, the shading layer has a first support member (120), by way of which the first longitudinal side (top) is receivable and guidable in the groove (of 104), and the first support member (120) is configured to generate a first magnetic attractive force (via 124) with a first groove wall of the first guide rail (104)
Worral ‘026 fails to disclose: the shading curtain includes a second shading layer made of a second flexible material, the second shading layer has a second support member, by way of which the first longitudinal side is receivable and guidable in the groove, and the second shading layer is configured to generate a second magnetic attractive force with a second groove wall of the first guide rail opposite to the first groove wall and maintain a spacing between the first shading layer and the second shading layer, the first and second support members are configured to generate a third and fourth magnetic attractive force with the bottom of the first guide rail, wherein the first support member and second support member are configured to maintain a spacing between the first shading layer and the second shading layer.
With reference to Figure 9, Andre de la Porte ‘076 discloses the support members (134) are configured to generate a magnetic attractive force (with 900) with the bottom of the guide rail (142).
With reference to Figure 2, Kim ‘867 discloses the shading curtain includes a second shading layer (31) made of a second flexible material. (paragraph [0035] discloses an internal and external curtain)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Worral ‘026 to make the support members be configured to generate third and fourth magnetic attractive forces with the bottom of the guide rail as taught by Andre de la Porte ‘076 as such would help to maintain the curtain within the track and keep it taut.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Worral ‘026 to include a second shading layer as taught by Kim ‘867 in order to provide a curtain with a variable screening rate. (abstract)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Worral ‘026 /Kim ‘867 to include a second support member on the second shading layer having a second magnetic attractive force for the purpose of effectively guiding and holding the second layer. As Worral ‘026 discloses that it is known to have a first support member having a first magnetic attractive force on the first shading layer for guiding the shading layer, one having ordinary skill would recognize that when modified by Kim ‘867 to include a second shading layer, that the second layer would also need a magnetic support member like the first layer has.
As modified above, the first support member and second support member are configured to maintain a spacing between the first shading layer and the second shading layer such that the first shading layer and the second shading layer do not contact each other. (shown in Fig 2, of Kim ‘867).
In regard to claim 19, Worral ‘026 discloses a winding axis of the shading curtain is in a vertical line, or forms an angle of no more than 30° with the vertical line, the first longitudinal side is an upper longitudinal side, and the second longitudinal side is a lower longitudinal side.
In regard to claim 20, Worral ‘026 discloses wherein the first support member (120) is configured to slide along the first groove (of 104).
In regard to claim 21, Worral ‘026 discloses wherein a width of the groove (of 104) and a width of the first longitudinal side (top) of the shading curtain together with the first support member (120) are adapted to each other, so that the first longitudinal side of the shading curtain together with the first support member form a clearance fit with the first groove.
In regard to claim 22, Worral ‘026 discloses wherein the first support member (120) is arranged on a side surface of the first longitudinal side (top) of the first shading layer.
In regard to claim 23, Worral ‘026 fails to disclose wherein the first support member and the first guide rail can also generate a magnetic repulsive force.
Andre de la Porte ‘076 discloses wherein the first support member and the first guide rail can also generate a magnetic repulsive force. (Figure 9 shows the first support member (134) generating a repulsive force (260) with the guide rail)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Worral ‘026 to make the first support member and first guide rail also able to generate a magnetic repulsive force as such is shown to be effective in guiding and holding curtains in place.
In regard to claim 24, Worral ‘026 as modified by Andre de la Porte ‘076 discloses the first support member (120, Worral ‘026) is at least partially made of a first magnetic material (as taught by Andre de la Porte ‘076), and the first guide rail (56) includes a second magnet (124, Worral ‘026).
In regard to claim 27, Worrall ‘026 discloses a second guide rail (108) having a groove configured to receive and guide a second longitudinal side (bottom) of the shading curtain (40).
In regard to claims 28-29, Worral ‘026 as modified above in claim 27 discloses wherein the second longitudinal side has a third support member (120, bottom), by way of which the second longitudinal side is receivable and guidable in the second groove of the second guide rail (108), wherein the third support member (120, bottom) of the second longitudinal side and the second guide rail can generate a magnetic attractive force (with 124)
In regard to claim 30, Worral ‘026 as modified by Kim ‘867 disclose the third support member (120, bottom) of the second longitudinal side is configured to maintain a spacing between deployed sections of the first shading layer and the second shading layer during a movement of the shading curtain and/or in a stationary state of the shading curtain.
In regard to claims 31-32, Worral ‘026 discloses wherein the shading device is configured for a side window of a vehicle (abstract).
In regard to claim 33, Worral ‘026 discloses the shading curtain (26) is configured to be deployed from one side to the other side of a front side and a rear side of the side window, the first longitudinal side (top) is an upper longitudinal side, and the second longitudinal side (bottom) is a lower longitudinal side.
In regard to claim 34, Worral ‘026 discloses wherein the first support member (140) is a member extending continuously on the first longitudinal side of the shading curtain.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Worrall US 4,874,026, Andre de la Porte US 2015/0041076 and Kim US 2019/0381867 as applied to claim 16 and further in view of Hansen US 2008/0223534.
In regard to claim 35, Worral ‘026 discloses the shading device configured to be deployed from one side to the other side of a window.
Worral ‘026 fails to specifically disclose a vehicle door for a motor vehicle, the vehicle door comprising a side window, wherein: the vehicle door is provided with the shading device, the shading curtain of the shading device is configured to be deployed from one side to the other side of a front side and a rear side of the side window, and the first guide rail of the shading device extends along an upper edge of the side window.
Hansen ‘534 discloses a vehicle door (1) for a motor vehicle, the vehicle door comprising a side window, wherein: the vehicle door is provided with a shading device, the shading curtain (21) of the shading device is configured to be deployed from one side to the other side of a front side and a rear side of the side window, and the first guide rail of the shading device extends along an upper edge of the side window.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Worral ‘026 to locate the shading curtain on a vehicle door as taught by Hansen ‘534 in order to provide shade to people sitting in a vehicle.
Response to Arguments
Applicant’s arguments with respect to claim 16 have been considered but are moot in view of the new grounds of rejection.
Applicant argues that Lekar does not disclose that the two pull out profiles are configured to maintain a spacing between the planar structures such that the planar structures do not contact each other. As shown in the rejection above, Kim ‘867 discloses this limitation. As such, the applicant’s arguments against Lekar are moot.
Conclusion
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/ABE MASSAD/Primary Examiner, Art Unit 3634