18556745
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 .
DETAILED ACTION
This is a non-final First Office Action on the Merits in application 18/265,349, filed 6/5/2023.
Claims 4-8, 10-12, 16 and 18 were amended and claims 19-40 canceled in the preliminary amendment.
Claims 1-18 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/5/2023 and 10/11/2024 are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tension adjuster threaded with the housing(claims 1 and 13, the Figures show the adjuster within the housing but the two elements do no engage with one another) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "206" and "26" have both been used to designate the tension adjuster(see para. [0071]; the specification should be amended to clarify which element is correct).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "23" and "32" have both been used to designate the screen(see paras. [0045] and [0066]; the specification should be amended to clarify which element is correct).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "244" and "246" have both been used to designate the ribs(see paras. [0072]; the specification should be amended to clarify which element is correct).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “66” has been used to designate both clip tabs and outer legs(see paras. [0057] and [0058]; the specification should be amended to clarify which element is correct).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “229” has been used to designate both ribs and an aperture(see paras. [0068] and [0070]; the specification should be amended to clarify which element is correct).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “206” has been used to designate upper/lower adjustment and connecting members and upper cap and tension adjuster(see paras. [0067] and [0069]; the specification should be amended to clarify which element is correct).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “244” has been used to designate a ring and ribs(see para. [0072]; the specification should be amended to clarify which element is correct).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 12 and 15(see para. [0045]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 241(see Fig. 21). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because Figs. 22 and 23 are separate figures but connected via an arrow. The arrow should be removed or the two Figures joined in to a single figure and the figure numbering be amended accordingly. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in para. [006] “open 15 end” should be “open end”; in paras. [008] and [0020], “spinably” should be changed to “spinably”; in para. [0045], “15 distal edge” should be “distal edge”; and in para. [0072], “15 upper end caps” should be “upper end caps”. The specification should be checked for further similar phrases and amended accordingly. Also, in para. [0052], it is not clear how elements 300 and 302 are “angles” when the elements are part of the housing and not “angles”; in para. [0060], “extrusion”(3 occurrences) should be deleted; and in para. [0070], page 16, line 4, “tension 25 adjustment” should be “tension adjustment”. Similar occurrences found should be amended accordingly.
Appropriate correction is required.
Claim Objections
Claims 1, 10, 13-14 and 18 are objected to because of the following informalities: in claims 1 and 13, “spinably” should be “spinnably”; in claim 2-12, line 1, “A screen” should be changed to “The screen”; in claims 10 and 18, “with roller housing” should be “with the roller housing”; in claim 13, lines 2-3, “and for rolling screen” should be “and for rolling a screen”; in claims 14-18, line 1, “A method” should be changed to “The method”; and in claim 14, line 7, “adjust” should be changed to “adjuster”. Appropriate correction is required.
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.
Claims 1-18 are 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.
In claims 1 and 13 it is not clear how the tension adjuster moves and in and out of engagement with the housing(when the figures show no engagement) and how the adjuster tensions the spring when out of engagement with the housing. The specification discusses the adjuster and housing interaction in paras. [0008], [0020] and [0021] but lacks and specific discussion of the interaction between the elements rendering the metes and bounds of the claim unclear with no guidance from the disclosure.
In claim 13, lines 2-3, “for coupled to” is not clear and should be changed to “coupled to” to overcome the rejection.
In claim 13, line 6, “selectively tension in the torsion spring” is not clear and should be changed to “selectively tension the torsion spring” to overcome the rejection.
In claim 14, it is not clear how adjuster is unthreaded, the spring in tensioned and the adjuster is then threaded with the housing, similar to above.
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.
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 1-18 are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Poppema(U.S. Pat. Appl. Publ. 2001/0030028; cited on IDS filed 6/5/2023) in view of DeBlock(U.S. Pat. Appl. Publ. 2003/0079844; cited on IDs filed 10/11/2024).
Regarding claims 1, 5 and 13-14, Poppema discloses a screen retraction mechanism/kit/method of assemblying(see Fig. 2) for a retractable screen assembly(see Fig. 1), the screen retraction mechanism comprising:
a roller housing(112, see Fig. 2);
a roller(148, see Fig. 26) spinnably mounted within the roller housing and for rolling a screen material sheet(118, see Fig. 2) thereon;
a torsion spring(152, see Fig. 2) coupled to the roller(148) for rotationally biasing the roller; and
a tension adjuster(156, see Fig. 31) coupled to an end of the torsion spring(152, see Fig. 26) and configured to move in and out of engagement with the roller housing(156, see Fig. 26),
wherein the tension adjuster(156) is spinnable(see para. [0170] and Fig. 26) to selectably tension the torsion spring when out of engagement with the roller housing; wherein the tension adjuster and the housing are cooperatively configured for dis engageable threaded engagement(see Fig. 26).
Poppema lacks the use of a rotary damper assembly in rotary engagement with the roller.
DeBlock discloses a screen retraction mechanism with a housing, roller, screen material, and rotary damper slidingly received within the roller (see Figs. 1 and 3) and a spring and tension adjuster(see Figs. 1 and 4).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have provided the mechanism of Poppema with a rotary damper, with a reasonable degree of success, in order to have aided in the control of and provided better functioning of the screen assembly given the design requirements and intended use thereof.
Regarding claim 2, Poppema and DeBlock discloses the screen retraction mechanism as claimed in claim 1, comprising a torsion spring assembly(150; see Fig. 26) comprising the torsion spring(152, see Fig. 26), and an end piece(piece near item 148, see Fig. 26) disposed at an end of the torsion spring, the end piece being in rotary engagement with the roller(148, see Fig. 26).
Regarding claim 3, Poppema and DeBlock disclose the screen retraction mechanism as claimed in claim 2, wherein the end piece is slidingly received within an end of the roller(see Fig. 26).
Regarding claim 4, Poppema and DeBlock discloses the screen retraction mechanism as claimed in claim 2, wherein the torsion assembly comprises another end piece(155; see Fig. 26) disposed at another end of the torsion spring and coupled to the tension adjuster(see Fig. 26).
Regarding claim 6, Poppema and DeBlocvk discloses the screen retraction mechanism as claimed in claim 1, wherein the housing comprises an end cap(182, see Fig. 28), wherein the end cap(182) and the tension adjuster are cooperatively configured for dis-engagable threaded engagement(see Figs. 30-31).
Regarding claim 7, Poppema and DeBlock disclose the screen retraction member as claimed in claim 1 wherein the tension adjuster(156) comprises a thread having less than a pitch of thread(157, see Fig. 31).
Regarding claims 8-9, Poppema and DeBlock disclose the screen retraction mechanism as claimed in claim 1, but lacks the tension adjuster comprising a plurality of intertwined threads.
The specific thread used is considered a feature best determined by the skilled artisan given the intended use of the mechanism and design requirements thereof.
Regarding claims 10 and 18, Poppema and DeBlock discloses the screen retraction mechanism.method as claimed in claims 1 and 14, but lacks the specific biasing of the torsion spring.
The specific biasing of the spring is considered a feature best determined by the skilled artisan given the intended use of the mechanism and design requirements thereof.
Regarding claim 11, Popema and DeBlock disclose the screen retraction mechanism as claimed in claim 1, wherein the roller housing(112) comprises a longitudinal slot shaped screen material port(306, see Fig. 2).
Regarding claims 12 and 15, Poppema and DeBlock disclose the screen retraction mechanism/method as claimed in claims 1 and 14, wherein the tension adjuster is externally operable(156, see Fig. 26).
Regarding claim 16, Poppema and DeBlock disclose the method as claimed in claim 14, wherein the step of spinnably mounting the roller(148) within the roller housing(112) comprises disposing the roller(148) between a plurality of roller housing end caps(see Fig. 26).
Regarding claim 17, Poppema and DeBlock disclose the method as claimed in claim 16, wherein the step of engaging the tension adjuster to the roller housing comprises engaging the tension adjuster to one of the plurality of end caps(see Fig. 26).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Poppema(US 2006/0283564); Rosell Rosell(US 2016/0265275); Sang(KR20190103702); and Cai(CN111206871) disclose similar mechanism/method/kit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETH A. STEPHAN whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BETH A. STEPHAN
Primary Examiner
Art Unit 3633
/Beth A Stephan/