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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/11/2026 has been entered. Claims 15-35 and 37 remain pending in the present application.
Claim Objections
Claim 34 is objected to because of the following informalities: the phrase “the adjuster” in Line 2 should be changed so that it states “the adjusters” or “at least one of the adjusters,” etc. so that it better agrees with the disclosure of “adjusters” in independent claim 33. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 17-18 and 26-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation “each crossbeam and the end spacers being connected by second crossbeams having a same longitudinal profile as the internal face of the slats” was not supported in the originally filed application in the Examiner’s position. In general, it appears as if the Applicant is combining embodiments which is not supported by the originally filed application. Specifically, claims 15 and 24 refer to specific embodiments where the fastener is defined as windings (claim 15 and shown in Fig. 7-8) and metal straps (claim 24 and shown in Fig. 9-10). Claims 17 and 26, depending from claims 15 and 24, then specifically refer to second crossbeams (17 and 18) which are clearly shown in a different embodiment than what was previously claimed, therefore referring to some combination of the two embodiments. It is the Examiner’s position that the originally filed application does not support a combination of these features since such a combination is not shown or discussed in Applicant’s originally filed application. Applicant’s paragraph 0052 (found in the published application) refers to the combination of “different fastening means of Figs. 7-8, 9-10 and 11-12” and “the spacer means of Figs. 1-3 and 4-6, or even 11-12 respectively.” At best, it is the Examiner’s position that this paragraph supports a combination of the fastening means (i.e. windings, straps, or bolts) with the spacing means (i.e. median crossbeams (11, 12, 13) and end spacers (14, 15)). It is the Examiner’s understanding that the spacing means does not include the second crossbeams since there does not appear to language which specifies that the second crossbeams (17, 18) are part of the spacing means. In fact, Applicant appears to exclude the crossbeams (17, 18) from the spacing means in Paragraph 0016 (of the published application) by stating “the structure of the inner core may consist of at least one median crossbeam and two transverse spacers at the end zones of the slat.” By using the term “consist” and otherwise not stating that the second crossbeams are part of the spacing means, it is the Examiner’s position that the Applicant intends to exclude other parts of the device from being considered part of the spacing means. Therefore, based on the evidence at hand, it is the Examiner’s position that the limitation cited above in claims 17 and 26 constitute new matter.
Allowable Subject Matter
Claims 15-16, 18-25, 27-35 and 37 are allowable over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter: the specific limitations of “the fastener comprises at least one winding of composite wire around the slats, in a plurality of directions making an angle of between 350 and 900 with the longitudinal axis, said at least one winding of composite wire being an adjuster for adjusting the curve of the slats with a view to vary an axial length of the connecting rod” in the combination of claim 15 and “the fastener comprises at least one metal strap surrounding an outside of the slats, said at least one metal strap being an adjuster for adjusting the curve of the slats with a view to vary an axial length of the connecting rod” in the combination of claim 24 are not anticipated or rendered obvious by the prior art of record in the Examiner’s position. Onstott US 1903064 and Targetti US 4589109, two prior art references which are relevant to Applicant’s invention disclose features of Applicant’s as discussed in the Non-Final Rejection dated 8/14/2025 invention but do not disclose the cited features above and therefore Applicant’s claims define over the closest known prior art references. Re. Cl. 33, Applicant has amended the claim to overcome the indefiniteness rejection set forth in the Final Rejection dated 2/12/2026. Further, the Examiner has considered Applicant’s remarks filed 5/11/2026 in reference to Riedele US 1497880. The Examiner finds Applicant’s argument persuasive in overcoming Riedele. Specifically, the Examiner agrees with the Applicant that the tightening of the bolts in Riedele would not lead to adjustment of the curve of the slats to vary the axial length of the connecting rod as required by Claim 33. Riedele shows that the connections between the slats (see Figs. 4-5) are tight connections where the parts all seat in a flat and flush manner with one another. Thus loosening or tightening the bolts would not alter the curve of the slats or change the axial length of the overall device, as required by Applicant’s claim. Therefore, the Examiner has withdrawn the rejection in view of Riedele and claim 33 is allowable in the Examiner’s position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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