DETAILED ACTION
The following Final Office Action is in response to the amendment filed 6/24/2025.
Status of the claims: Claims 1-10 are hereby examined below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 states “the first and second shafts are the adjustment rods” and “the third shaft is the adjustment rod”. This is confusing to say that the first and second shafts are “the adjustment rods” and the third shaft is “THE adjustment rod”. Is there one adjustment rod or multiple adjustment rods?
Claims are being examined as best understood.
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPA) in view of Lin US 2013/0306776.
In regard to claim 1, with reference to Figures 1-2, AAPA discloses a cord guiding device of a window curtain for penetrating and winding of a cord, the cord guiding device comprising:
A base (51) having a cord hole (57).
A first shaft (52) pivotally connected with the base and correspondingly disposed above the cord hole (57).
A second shaft (53) pivotally connected with the base (51) and located at a first side of the first shaft (52) in a way that the second shaft (53) is spaced from the first shaft (52).
Wherein when the cord is configured to the cord guiding device, the cord (54) is penetrated through the cord hole (57) and wound around the first (52) and second (53) shafts.
The first shaft (52) is an adjustment rod.
The cord (54) extends from above the first shaft (52) and then extends downward to the cord hole (57).
AAPA fails to disclose:
The first shaft having first and second pivoting sections extending along an axial direction, and a bending section connected between the first and second pivoting sections and deviated from the axial direction, the adjustment rod being pivotally connected with the base through the first and second pivoting sections and abutted against the cord through the bending section, the bending section being located below the first and second pivoting sections.
Lin ‘776 discloses:
The shaft (41) having first and second pivoting sections (shown below) extending along an axial direction, and a bending section connected between the first and second pivoting sections and deviated from the axial direction, the adjustment rod (formed by the shaft 41) being pivotally connected with the base through the first and second pivoting sections and abutted against the cord through the bending section.
The bending section being located above the first and second pivoting sections.
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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 AAPA to make the first shaft comprise first and second pivoting sections extending in an axial direction with a bending section connected between the first and second pivoting sections and deviated from the axial direction as taught by Lin ‘776 in order to make less friction to the string 31 and avoid obstruction to the movement of the string 31 by any angle (paragraph [0021]). As modified by Lin to make the first shaft be comprised of the first and second pivoting sections with a bending section, the bending section of Lin ‘776 would need to be below the pivoting sections because the cord of AAPA is being turned downward by the shaft instead of going straight as shown above in Lin. Such modification would have been obvious to one having ordinary skill in the art.
In regard to claim 2, AAPA as modified by Lin ‘776 disclose:
Wherein the first shaft (52) is the adjustment rod, and the second shaft (53) is a guiding rod including first and second pivoting sections (ends) extending along an axial direction, and a middle section connected between the first and second pivoting sections.
The guiding rod (formed by 53) is pivotally connected with the base (51) through the first and second pivoting sections (ends) and abutted against the cord (54) through the middle section.
Claims 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPA) and Lin US 2013/0306776 as applied to claim 1 and further in view of Huang GB 2536737.
In regard to claims 3 and 9, AAPA/Lin ‘776 fail to disclose:
A third shaft pivotally connected with the base and located at a second side of the first shaft opposite to the first side of the first shaft in a way that the third shaft is spaced from the first shaft, wherein when the cord is configured to the cord guiding device, the cord is penetrated through the cord hole and wound around the first, second, and third shafts; the third shaft is a guiding rod including first and second pivoting sections extending along an axial direction, and a middle section connected between the first and second pivoting sections.
The guiding rod is pivotally connected with the base through the first and second pivoting sections and abutted against the cord through the middle section
With reference to Figures 3 and 4, Huang ‘737 discloses:
A third shaft (402) pivotally connected with the base and located at a second side of the first shaft (400) opposite to the first side of the first shaft, in a way that the third shaft is spaced from the first shaft, wherein when the cord (2) is configured to the cord guiding device, the cord is penetrated through the cord hole (311) and wound around the first (43), second (400), and third shafts (402)
The third shaft (402) is a guiding rod including first and second pivoting sections (ends of 421) extending along an axial direction, and a middle section (422) connected between the first and second pivoting sections.
The guiding rod (formed by 402) is pivotally connected with the base through the first and second pivoting sections and abutted against the cord through the middle section
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 AAPA/Lin ‘775 to include a third shaft as taught by Huang ‘737 in order to help control the speed of the cord when in use.
In regard to claim 4, AAPA/Lin ‘776/Huang ‘737 disclose:
Wherein the first shaft (52, AAPA) is the adjustment rod, and the second (53, AAPA) and third (402, Huang) shafts are the guiding rods.
In regard to claim 6, AAPA discloses:
Wherein the axial direction of the guiding rod (formed by 53) is not parallel to the axial direction of the adjustment rod (formed by 52).
In regard to claim 8, Huang ‘737 discloses:
Wherein the middle section (422) of the guiding rod has a shaft diameter greater than those of the first and second pivoting sections (ends of 421) of the guiding rod.
In regard to claims 5 and 7, AAPA discloses:
Wherein the base (51) has an elongated bottom plate provided with the cord hole and an elongated axial direction.
The axial direction of the adjustment rod (52) is parallel to the elongated axial direction, and the axial direction of the guiding rod (53) is parallel to the elongated axial direction.
AAPA fails to disclose:
A height at which the first pivoting section of the guiding rod is pivoted to the base is greater than a height at which the second pivoting section of the guiding rod is pivoted to the base
The axial direction of the adjustment rod (52) is not parallel to the elongated axial direction, and the axial direction of the guiding rod is not parallel to the elongated axial direction.
However, it would have been obvious to one having ordinary skill in the art with a reasonable expectation of success, to modify the device of AAPA/Lin ‘775 to make the heights different or angles different in order to provide a desired operation of the device. Changing the angles would affect the manner in which the cord slides along the rods, possibly making operation smoother or easier.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPA) and Lin US 2013/0306776 as applied to claim 1 and further in view of Huang et al US 2023/0399891.
In regard to claim 10, AAPA/Lin ‘776 fail to disclose:
Wherein the bending section of the adjustment rod has two abutment planes extending along the axial direction of the adjustment rod and arranged in an opposite manner for abutment of the cord without slipping.
Huang et al ‘891, Figure 20 discloses:
The adjustment rod (33c) has two abutment planes (flat top and bottom) extending along the axial direction of the adjustment rod and arranged in an opposite manner for abutment of the cord without slipping. (paragraphs [0067][0068])
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 AAPA/Lin ‘776 to make the adjustment rod have two abutment planes as taught by Huang et al ‘891 as means to increase friction between the cord and rod if desired. Such would help control the speed in which the cord moves.
Response to Arguments
Applicant's arguments filed 6/24/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that claim 9 is definite because line 11 indicates that at least one of the first and second shafts is an adjustment rod, this does not clarify the issue above where claim 9 states that “the third shaft is the adjustment rod”. How can the first and second shafts be an adjustment rod when the third shaft is THE adjustment rod? As such, the 112 rejection is maintained.
In response to applicant’s argument that AAPA as modified by Lin ‘776 fails to disclose the limitations as now claimed, the examiner respectfully disagrees. As set forth in the rejection above, AAPA clearly teaches that the cord of AAPA extends from above the first shaft and extends downward to the cord hole as is claimed. As modified to make the first shaft include first and second pivoting sections and a bending section as taught by Lin ‘776, when combined with AAPA, the bending section would need to be located below pivoting sections in order to provide the required guiding effect of AAPA. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634