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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/2025 has been entered.
Claim Objections
The following claims are objected to because of the following informalities:
Claim 3, lines 1-2 recite “the first position”, but this is believed to mean “the second position”
Claim 14 lines 24-26 repeats what is written on lines 15-17. This is interpreted as referring to the second ratchet member and the second portion.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-7, 10, 12, 14-16, 19, 22-24, 26, 28-32, 35, 37, 39, 42-45, and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Diamond (US 10329840) in view of Zhu (US 20120285635).
Regarding claim 1, Diamond teaches an actuator system (fig. 1) for facilitating movement of shade material of a window shade system between an open position and a closed position (functional language), the window shade system having a beaded chain (column 4 lines 32-41 describes that cord 6 can be a beaded chain), the actuator system comprising:
a cover (4);
wherein the beaded chain is at least partially positioned within the cover (fig. 8);
an actuator mechanism (2);
the actuator mechanism having a carrier (3);
the actuator mechanism having a first ratchet member (40);
the actuator mechanism having a second ratchet member (42);
the actuator mechanism having a selector (46); and
wherein movement of the selector facilitates engagement of one of the first ratchet member or the second ratchet member with the beaded chain (figs. 11-14) so as to facilitate raising or lowering of the shade material;
wherein the selector is movable between a first position (shown in fig. 12) and a second position (shown in fig. 10);
wherein when the selector is in the first position (fig. 12) the first ratchet member (40) engages the beaded chain (via the sprocket) and the second ratchet member disengages the beaded chain (as shown in fig. 12),
wherein when the selector is in the second position (fig. 10) the second ratchet member (42) engages the beaded chain (via the sprocket) and the first ratchet member disengages the beaded chain.
Diamond does not teach that the carrier is at least positioned partially within the cover, nor that the selector is positioned partially within the cover and having a surface positioned outward from the cover.
Zhu teaches (figs. 2-5) an actuator system for a window shade system with a carrier (8) that is at least positioned partially within a cover (5, see fig. 2, where a portion of 8 is within the cover), and a selector (13b) is positioned partially within the cover (fig. 2) and having a surface positioned outward from the cover (fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Diamond with teachings of Zhu so that the carrier is at least positioned partially within the cover like that of Zhu, and by modifying how the selector is actuated so that the selector is positioned partially within the cover and having a surface positioned outward from the cover like that of Zhu. This alteration provides the predictable and expected results of a way of protecting the cord and allowing an easy means of switching the ratchets.
Regarding claim 2, modified Diamond teaches that when the selector (46) is in the first position the first ratchet member (40) engages (indirectly) with the beaded chain, such that the beaded chain is held between a connection end (top end in fig. 12) of the first ratchet member and an interior surface of the carrier (surface around which the sprocket rotates).
Regarding claim 3, modified Diamond teaches that the selector (46) is in the second position (see claim objection above) the second ratchet member (42) engages (indirectly) with the beaded chain, such that the beaded chain is held between a connection end (top end in fig. 10) of the second ratchet member and an interior surface of the carrier (surface around which sprocket rotates).
Regarding claim 4, modified Diamond teaches that the selector (46) facilitates engagement of the first ratchet member (40) with the beaded chain and the carrier is moved downward, the portion of the beaded chain which is engaged with the first ratchet member is forced downward thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41).
Regarding claim 5, modified Diamond teaches that the selector (46) facilitates engagement of the second ratchet member (42) with the beaded chain and the carrier is moved downward, the portion of the beaded chain which is engaged with the second ratchet member is forced downward thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41).
Regarding claim 6, modified Diamond teaches that the selector (46) facilitates engagement of the first ratchet member with the beaded chain, the first ratchet member stays engaged with the beaded chain until the selector disengages the first ratchet member from the beaded chain (it stays engaged until the selector is rotated).
Regarding claim 7, modified Diamond teaches that the selector (46) facilitates engagement of the second ratchet member with the beaded chain, the second ratchet member stays engaged with the beaded chain until the selector disengages the second ratchet member from the beaded chain (it stays engaged until the selector is rotated).
Regarding claim 10, modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45).
Regarding claim 12, modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13).
Regarding claim 14, Diamond teaches an actuator system (fig. 1) for facilitating movement of shade material of a window shade system between an open position and a closed position (functional language), the window shade system having a beaded chain (column 4 lines 32-41 describes that cord 6 can be a beaded chain), the actuator system comprising:
a cover (4);
wherein the beaded chain is at least partially positioned within the cover (fig. 8);
an actuator mechanism (2);
the actuator mechanism having a carrier (3); the carrier having a front plate (2) positioned outside the cover (fig. 7);
the actuator mechanism having a first ratchet member (40);
the actuator mechanism having a second ratchet member (42);
wherein the first ratchet member is configured to engage a first portion of the beaded chain;
wherein when the first ratchet member is engaged (via sprocket) with the first portion of the beaded chain and the carrier is moved downward, the first ratchet member moves the first portion of the beaded chain downward thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41);
wherein when the first ratchet member is engaged (via the sprocket) with the first portion of the beaded chain and the carrier is moved upward, the first ratchet member slides along the beaded chain (column 6 lines 1-12) without moving the beaded chain upward;
wherein the second ratchet member is configured to engage a second portion of the beaded chain;
and wherein when the second ratchet member is engaged (via sprocket) with the second portion of the beaded chain and the carrier is moved downward, the second ratchet member moves the second portion of the beaded chain downward thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41);
wherein when the second ratchet member is engaged with the second portion of the beaded chain and the carrier is moved upward, the second ratchet member slides along the beaded chain (column 6 lines 1-12) without moving the beaded chain upward.
Diamond does not teach that the carrier is at least positioned partially within the cover.
Zhu teaches (figs. 2-5) an actuator system for a window shade system with a carrier (8) that is at least positioned partially within a cover (5, see fig. 2, where a portion of 8 is within the cover). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Diamond with teachings of Zhu so that the carrier is at least positioned partially within the cover like that of Zhu. This alteration provides the predictable and expected results of a way of protecting the device.
Regarding claim 15, although modified Diamond teaches that that when the first ratchet member is engaged with a portion of the beaded chain and the carrier is moved downward, the shade material is either raised or lowered (column 6 lines 46-57 and column 4 lines 32-41), it does not explicitly teach whether it is raised or lowered.
The examiner notes that the courts have held that mere reversal of movement was held to be an obvious modification. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond so that that when the first ratchet member is engaged with a portion of the beaded chain and the carrier is moved downward, the shade material is lowered. This alteration provides the predictable and expected results of differentiating the movement of the shade, allowing a user to operate the device.
Regarding claim 16, although modified Diamond teaches that that when the second ratchet member is engaged with a portion of the beaded chain and the carrier is moved downward, the shade material is either raised or lowered (column 6 lines 46-57 and column 4 lines 32-41), it does not explicitly teach whether it is raised or lowered.
The examiner notes that the courts have held that mere reversal of movement was held to be an obvious modification. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond so that that when the second ratchet member is engaged with a portion of the beaded chain and the carrier is moved downward, the shade material is raised. This alteration provides the predictable and expected results of differentiating the movement of the shade, allowing a user to operate the device.
Regarding claim 19, modified Diamond teaches that the first ratchet member or the second ratchet member is caused to engage a portion of the beaded chain by a selector (46).
Regarding claim 22, modified Diamond teaches that wherein when the first ratchet member is engaged (via the sprocket) with a portion of the beaded chain, the first ratchet member stays engaged with the beaded chain until the first ratchet member is disengaged from the beaded chain (it stays engaged until the selector is rotated).
Regarding claim 23, modified Diamond teaches that wherein when the second ratchet member is engaged with a portion of the beaded chain (via the sprocket), the second ratchet member stays engaged with the beaded chain until the second ratchet member is disengaged from the beaded chain (it stays engaged until the selector is rotated).
Regarding claim 24, modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45).
Regarding claim 26, modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13).
Regarding claim 28, Diamond teaches an actuator system (fig. 1) for facilitating movement of shade material of a window shade system between an open position and a closed position (functional language), the window shade system having a beaded chain (column 4 lines 32-41 describes that cord 6 can be a beaded chain), the actuator system comprising:
a cover (4);
wherein the beaded chain is at least partially positioned within the cover (fig. 8);
an actuator mechanism (2);
the actuator mechanism having a carrier (3) having at least an intermediate plate (2) and a rear plate (fig. 7);
the actuator mechanism having a first ratchet member (40);
the actuator mechanism having a second ratchet member (42);
the actuator mechanism having a selector (46);
wherein movement of the selector facilitates engagement (indirect) of the first ratchet member with the beaded chain (figs. 11-14);
wherein the first ratchet member remains engaged (indirectly through the sprocket) with the beaded chain until the selector disengages the first ratchet member from the beaded chain (it stays engaged until the sector is rotated);
wherein movement of the selector facilitates engagement of the second ratchet member with the beaded chain (figs. 11-14); and
wherein the second ratchet member remains engaged (indirectly through the sprocket) with the beaded chain until the selector disengages the second ratchet member from the beaded chain (it stays engaged until the sector is rotated).
Diamond does not teach that the carrier is configured to be positioned partially within the cover, nor that the selector is positioned at least partially outside the carrier, wherein a rear side of the selector is adjacent to a rear side of the intermediate plate between the rear side of the intermediate plate and the rear plate.
Zhu teaches (figs. 2-5) an actuator system for a window shade system with a carrier (8) that is configured to be positioned partially within a cover (5, see fig. 2, where a portion of 8 is within the cover), and a selector (13b) is positioned partially outside the carrier (fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Diamond with teachings of Zhu so that the carrier is configured to be positioned partially within the cover like that of Zhu, and by modifying how the selector is actuated so that the selector is positioned partially outside the carrier like that of Zhu. This alteration provides the predictable and expected results of a way of protecting the device and allowing an easy means of switching the ratchets.
After this modification it is noted that a rear side of the selector is adjacent to a rear side of the intermediate plate between the rear side of the intermediate plate and the rear plate.
Regarding claim 29, modified Diamond teaches that when the first ratchet member is engaged with the beaded chain and the carrier is moved downward, the first ratchet member moves the beaded chain downward, thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41).
Regarding claim 30, modified Diamond teaches that when the first ratchet member is engaged with the beaded chain and the carrier is moved upward, the first ratchet member moves over the beaded chain (column 6 lines 1-12).
Regarding claim 31, modified Diamond teaches that when the second ratchet member is engaged with the beaded chain and the carrier is moved downward, the second ratchet member moves the beaded chain downward, thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41).
Regarding claim 32, modified Diamond teaches that when the second ratchet member is engaged with the beaded chain and the carrier is moved upward, the second ratchet member moves over the beaded chain (column 6 lines 1-12).
Regarding claim 35, modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45).
Regarding claim 37, modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13).
Regarding claim 39, Diamond teaches an actuator system (fig. 1) for facilitating movement of shade material of a window shade system between an open position and a closed position (functional language), the window shade system having a beaded chain (column 4 lines 32-41 describes that cord 6 can be a beaded chain), the actuator system comprising:
a cover (4);
wherein the beaded chain is at least partially positioned within the cover (fig. 8);
an actuator mechanism (2);
the actuator mechanism having a carrier (3);
the carrier having at least a front plate (2) and a rear plate (fig. 7);
the front plate positioned outside the cover (fig. 7);
the actuator mechanism having a first ratchet member (40);
the actuator mechanism having a second ratchet member (42);
wherein the first ratchet member is configured to be selectively engaged (via sprocket) with a portion of the beaded chain and the second ratchet member is configured to be selectively engaged (via sprocket) with a portion of the beaded chain (figs. 11-14);
wherein when one of the first ratchet member or the second ratchet member is engaged (via sprocket) with a portion of the beaded chain and the carrier is moved downward, the first ratchet member or the second ratchet member moves the beaded chain downward thereby raising or lowering the shade material (column 6 lines 46-57 and column 4 lines 32-41); and
wherein when one of the first ratchet member or the second ratchet member is engaged (via sprocket) with a portion of the beaded chain and the carrier is moved upward, the first ratchet member or the second ratchet member moves over the beaded chain, thereby allowing a user to repeatedly raise and lower the carrier in order to raise or lower the shade material without having to repeatedly disengage and re-engage either of the first ratchet member or the second ratchet member with a portion of the beaded chain (column 6 lines 1-12).
Diamond does not teach the rear plate positioned within the cover.
Zhu teaches (figs. 2-5) an actuator system for a window shade system with a carrier (8) that is at least positioned partially within a cover (5, see fig. 2, where a portion of 8 is within the cover). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Diamond with teachings of Zhu so that the rear plate of the carrier is positioned within the cover like that of Zhu. This alteration provides the predictable and expected results of a way of protecting the device.
Regarding claim 42, modified Diamond teaches that the first ratchet member or the second ratchet member is caused to engage (via sprocket) a portion of the beaded chain by a selector (46).
Regarding claim 43, modified Diamond teaches that wherein when the first ratchet member is engaged (indirectly via sprocket) with a portion of the beaded chain, the first ratchet member stays engaged with the beaded chain until the first ratchet member is disengaged from the beaded chain (it stays engaged until the selector is rotated).
Regarding claim 44, modified Diamond teaches that wherein when the second ratchet member is engaged (indirectly via sprocket) with a portion of the beaded chain, the second ratchet member stays engaged with the beaded chain until the second ratchet member is disengaged from the beaded chain (it stays engaged until the selector is rotated).
Regarding claim 45, modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45).
Regarding claim 47, modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13).
Claim(s) 11, 13, 25, 27, 36, 38, 46, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Diamond (US 10329840) in view of Zhu (US 20120285635) as applied above, and further in view of Brunetto (EP1950370A1).
Regarding claim 11, although modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 13, although modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 25, although modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 27, although modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 36, although modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 38, although modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 46, although modified Diamond teaches that the first ratchet member is forced into engagement with the beaded chain by a biasing member (fig. 10 shows each ratchet member has a spring that does this, element 45), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Regarding claim 48, although modified Diamond teaches that the second ratchet member is forced into engagement with the beaded chain by a biasing member (45 in fig. 13), it does not teach that it is a magnetic biasing member.
Brunetto teaches a window shade system with a magnetic biasing member (fig. 7b) that biases a component (7) to pivot (due to the same polarity magnet in fig. 7b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Diamond with the teachings of Brunetto so that the biasing member is replaced with same polarity magnets as taught by Brunetto. This alteration provides the predictable and expected results of a biasing member that is more durable and won’t degrade over time.
Allowable Subject Matter
Claims 8-9, 20-21, 33-34, and 40-41 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.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R SHEPHERD whose telephone number is (571)272-5657. The examiner can normally be reached M-F 8-5 EST.
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/M.S./Examiner, Art Unit 3634
/ABE MASSAD/Primary Examiner, Art Unit 3634