DETAILED ACTION
The following Non-Final Office Action is in response to the response to restriction filed 10/28/2025.
Status of the claims: Claims 1-11 are hereby examined below.
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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11, in the reply filed on 10/28/2025 is acknowledged. Claims 12-16 are withdrawn as being non-elected.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 8 recites “wherein the second ends”. Examiner presumes this should read – wherein second ends --. 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.
Claim 5 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.
Regarding claim 5, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims are being examined as best understood.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura EP 2497891.
In regard to claim 1, with reference to Figures 1,2,3 and 7, Nakamura ‘891 discloses a blind comprising an edge strip (5, Fig. 2), at least two guide cords (7, Fig. 2) connected at their first end to the edge strip (5) , a screen (4, Fig. 2) which is movable along the guide cords (7) and whose first edge is provided with a first edge profile (topmost pleated part) and whose second edge is provided with a second edge profile (bottommost pleated part), wherein the guide cords (7) extend through the edge profiles, and wherein the first and second edge profiles are suspended on the guide cords (7) and are movable independently of each other (shown in Fig. 7), wherein the blind further comprises lifting means (10,12 Fig. 3) for coiling, uncoiling, and storing the coiled guide cords (7), wherein the second ends of the guide cords (7) are fastened to the lifting means (10).
In regard to claim 2, Nakamura ‘891 discloses said screen (4, Fig. 2) is a pleated piece of fabric (paragraph [0003] states fabric).
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,3,5,6,8 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang US20220316272.
In regard to claim 1, with reference to Figures 1-2, Huang ‘272 discloses a blind comprising an edge strip (104, Fig. 2), at least two guide cords (118,120, Fig. 2) connected at their first end to the edge strip (104, via 126) , a screen (108, Fig. 2) which is movable along the guide cords (118,120) and whose first edge is provided with a first edge profile (126, Fig. 2) and whose second edge is provided with a second edge profile (124, Fig. 2), wherein the guide cords (118,120) extend through the edge profiles (126,124), and wherein the first and second edge profiles are suspended on the guide cords (118,120) and are movable independently of each other, wherein the blind further comprises lifting means (132A,132B Fig. 2) for coiling, uncoiling, and storing the coiled guide cords (118,120), wherein the second ends of the guide cords (118,120) are fastened to the lifting means (132A,132B).
In regard to claim 3, Huang ‘272 discloses wherein said lifting means (132A,132B Fig. 1) comprise a tube (144, Fig. 4), wherein the tube (144) is rotatable around its longitudinal axis and the second ends of said guide cords (118,120) are fastened to the tube, directly or indirectly.
In regard to claim 5, Huang ‘272 disclose wherein the blind comprises an actuator (134,148 Fig. 8) for rotating the tube, for example a spring element or an electric motor. (paragraph ]0026] states that it is an electric motor)
In regard to claim 6, Huang ‘272 discloses wherein said actuator (134,148, Fig. 8 ) is arranged at least partly inside the tube (144). (Fig. 3)
In regard to claim 8, Huang ‘272 discloses wherein end plugs (118A,122, Fig. 2) are provided at the ends of said first (126) and second (124) edge profiles, and wherein the end plugs (118A,122) comprise a hole (must be a hole in 122 for cord 118 to pass through and must be a hole in 118A for cord to be attached) that opens to the inside of the edge profile (124,128), and said guide cords (118,120) are arranged to extend via the hole in the end plug (118A) of the first edge profile (126) and via the hole in the end plug (122) of the second edge profile (124).
In regard to claim 9, Huang ‘272 discloses wherein said first edge strip (104) comprises an engaging part (groove) for connecting (functional language) the edge strip in a removable way (via removability its from 118A and 120A) to the frame of the terrace or balcony glazing system.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Huang US20220316272.
In regard to claim 2, Huang ‘272 discloses said screen (1, Fig. 1) is a pleated piece of screen.
Huang ‘272 fails to disclose that the screen is fabric. However, 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 make the screen be formed of fabric based on a users desired appearance or light blocking capabilities. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Huang US20220316272 in view of Kirby US20230042244.
In regard to claim 4, Huang ‘272 fails to disclose wherein string cones are provided around the tube, wherein said guide cords are arranged to coil around said string cones.
With reference to Figures 4 and 5, Kirby ‘244 discloses string cones (124, Fig. 5) are provided around the tube, wherein said guide cords (112, Fig. 2) are arranged to coil around said string cones (124) when the tube (122, Fig. 4) is rotated.
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 KR ‘365 to make the lifting means comprises a tube with string cones provided around the tube as taught by Kirby ‘244 as the cones shape would provide a variable winding force as is known in the art. (paragraph [0037] discloses the conical shape of the other spools and the reasoning behind this shape)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Huang US20220316272 in view of Haapalahti US 2019/0264500.
In regard to claim 7, Huang ‘891 discloses wherein the blind comprises an elongate housing (102, Fig. 1) in which said lifting means (132A,132B) are arranged, wherein said housing comprises a first end piece (114, Fig. 2) and a second end piece (114, Fig. 3). Huang ‘891 fails to disclose, wherein the end pieces comprise openings facing the housing, and said guide cords are arranged to extend via the opening of the first or the second end piece.
With reference to Figures 1a and 2, Haapalahti ‘500 disclose wherein the end pieces (10) comprise openings (18,20, Fig. 1a) facing the housing (100, Fig. 2), and said guide cords (28a,28b Fig. 2) are arranged to extend via the opening of the first or the second end piece.
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 Huang ‘272 to make the end pieces have openings facing the housing with the guide cords extending through the openings as taught by Haapalahti ‘500 as such is shown to be an effective means of guiding lift cords of a blind.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura EP 2497891 in view of Tobikura CN1075771.
In regard to claim 10, Nakumura ‘891 fails to disclose a terrace or balcony glazing system comprising a frame with an upper guide track and a lower guide track as well as glazing elements, wherein at least some of the glazing elements are movable along the upper guide track and the lower guide track, wherein the system also comprises at least one blind according to claim 1, wherein the blind is fastened to the frame of the glazing system, separately from the glazing elements.
With reference to Figures 1-4, Tobikura ‘771 discloses a terrace or balcony glazing system comprising a frame (1, Fig. 3) with an upper guide track (6A,7A Fig. 3) and a lower guide track (6B,7B, Fig. 3) as well as glazing elements (100, 200 Fig. 3), wherein at least some of the glazing elements (100,200) are movable along the upper guide track (6A,7A)and the lower guide track (6B,7B), wherein the system also comprises at least one blind (10, Fig. 3), wherein the blind (10) is fastened to the frame (1) of the glazing system, separately from the glazing elements.
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 Nakumura ‘891 to combine the blind with a frame having and upper guide track, lower guide track and glazing elements as taught by Tobikura ‘771, as blinds as Tobikura ‘771 discloses it is known to use blinds combined with movable glazing for the purpose of providing a desired amount of air and light into a building.
In regard to claim 11, Nakumura ‘891 as modified by Tobukura ‘771 disclose wherein the housing (1, Fig. 1 Nakumura ‘891) of the blind is fastened to the frame (1, Fig. 3 Tobukura ‘771), above or in parallel with the upper guide track (6A,7A Fig. 3)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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