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 .
Response to Amendment
Applicant’s submission dated 09/16/2025 has been entered.
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 stopper and latching step of claim 19 in conjunction with the at least one guide pin of amended claim 1 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.
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(s) 1-6 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. 8,556,328 – Middleton in view of PG Pub. US 2021/0396044 A1 – Fielder et al., hereinafter Fielder.
Regarding claim 1.
Middleton discloses a curtain assembly (12, fig 1) for a vehicle (2, fig 1), the curtain assembly comprising:
a curtain (14, fig 1) selectively stored in a vehicle in a rolled state (at 22, fig 1);
a shade bar (24, fig 1) provided at an end portion of the curtain in a direction perpendicular to a deploying direction of the curtain (See figs 1 and 3);
a frame (13, fig 3) to which the shade bar is fixed to maintain a state in which the curtain has been deployed when the curtain is maximally drawn out from the rolled state (See figs 3 and 4);
a first magnet (20, fig 3) provided on one of the frame and the shade bar (See fig 3); and
a locker (26, fig 4) provided on another of the frame and the shade bar (See fig 4), protruding therefrom when the shade bar approaches the frame within a predetermined distance (the part 16 of the frame 13 containing the locker 26 protrudes toward the magnet at all times, including when the shade bar approaches. See fig 3.), and attached to the first magnet by a magnetic force of the first magnet (column 3, lines 15-18; In the present embodiment, the second edge 16 includes a ferrous material 26 operable to magnetically connect to the magnet 20 attached to the free end 24 of the shade 14).
Middleton does not disclose a pocket provided on the shade bar to allow the locker to hide in the pocket or reveal from the pocket in the deploying direction of the curtain;
at least one guide pin formed on the pocket, the at least one guide pin guides sliding of the locker; and
a second magnet provided on a bottom surface of the pocket and configured to pull the locker when the locker is separated from the first magnet,
wherein the locker is restricted from contacting the second magnet by the at least one guide pin.
However, Fielder (Examiner notes that, unless otherwise specified, the embodiment of figs 15d and 16d is relied upon. However, other figures may be referred to for illustration purposes.) teaches a pocket (as at 213, fig 4b) provided to allow the locker (as at 22, fig 4b) to hide in the pocket (See fig 16d) or reveal from the pocket (See fig 15d) in the deploying direction;
at least one guide pin (See annotated fig 15d) formed on the pocket, the at least one guide pin guides sliding of the locker (Compare figs 15d and 16d); and
a second magnet (as at 212, fig 4b) provided on a bottom surface of the pocket (see fig 3b) and configured to pull the locker when the locker is separated from the first magnet (as at 331, fig 3b),
wherein the locker is restricted from contacting the second magnet by the at least one guide pin (See annotated fig 15d).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Middleton with the magnetic latch of Fielder. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of presenting a positive attachment and a snag free profile when the shade is retracted.
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Regarding claim 2.
The combination of Middleton and Fielder teaches all limitations of claim 1.
Middleton further discloses:
a holder (at 16, fig 3) fixed to the frame (13, fig 3).
Middleton does not disclose including the first magnet provided on the holder.
However, Fielder teaches a first magnet (as at 331, fig 3b) provided on a holder (as at 330, fig 3b).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Middleton with the holder and magnet arrangement of Fielder. It would have further been obvious to install the holder and magnet on the frame, and to install the pocket and locker on the shade bar. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of presenting a more positive connection when the shade is fully extended.
Regarding claim 3.
The combination of Middleton and Fielder teaches all limitations of claim 2.
The combination, in Fielder, further teaches at least one guide groove (See above pin in annotated fig 15d) formed in the locker in the deploying direction of the curtain (See annotated fig 15d), and at least one guide pin (See annotated fig 15d) slidably inserted into the at least one guide groove (See fig 16d).
Regarding claim 4.
The combination of Middleton and Fielder teaches all limitations of claim 2.
The combination further teaches:
a stopper (See at 215, fig 15c of Fielder) formed to protrude from an inlet (See fig 15d of Fielder) of the pocket (as at 213, fig 3b of Fielder), and
a latching step (See at 215, fig 15c of Fielder) formed at a lower end portion of the locker (as at 22, fig 4b of Fielder) and caught by the stopper (See at 215, fig 15c of Fielder) when the locker is drawn out of the pocket (See fig 15d of Fielder).
Regarding claim 5.
The combination of Middleton and Fielder teaches all limitations of claim 2.
The combination further teaches:
at least one fastening hole (as in 32, fig 4b of Fielder) formed in the frame (as in 32, fig 4b of Fielder) so that the holder (as at 330, fig 3b) is fixedly fitted into the at least one fastening hole (See fig 4b of Fielder and fig 4 of Middleton), and at least one recess (as at 210, fig 3b of Fielder) formed on the shade bar (24, fig 4 of Middleton) so that the pocket (213, fig 3b of Fielder) is provided in the at least one recess (See fig 3b of Fielder).
Regarding claim 6.
The combination of Middleton and Fielder teaches all limitations of claim 2.
The combination further teaches the holder (as at 330, fig 3b of Fielder) is fastened to the frame (at 26, fig 4 of Middleton) and includes a body (as at 330, fig 3b of Fielder) formed with a space (as at 331, fig 3b of Fielder) in which the first magnet (as at 331, fig 3b of Fielder) is accommodated.
Regarding claim 15.
The combination of Middleton and Fielder teaches all limitations of claim 1.
The combination further teaches an intensity of the first magnet (as at 331, fig 3b) is greater than an intensity (Paragraph [0062]- [0063]; FIGS. 3A and 3B show the closing device 1 prior to the closing of the closing device 1. The blocking piece 22 in this state is retracted into the receptacle chamber 213 of the housing 21 and is thus in a retracted state in which said blocking piece 22 does not protrude outward from the housing 21. A magnet 212 which in a magnetically attracting manner is opposite a magnet 223 of the blocking piece 22 (see FIG. 3b) is disposed on a receptacle opening 214 of the housing portion 210. The blocking piece 22 in the opened position of the closing device 1, by virtue of the magnetic attraction force between the magnets 212, 223, is initially held in the retracted position of said blocking piece 22.
[0063] When the first closing part 2 is moved closer to the second closing part 3 in the closing direction X, as is illustrated in FIGS. 4A and 4B, the blocking piece 22 is transferred from the retracted position thereof to a deployed position as is illustrated in FIG. 4B. This takes place in an automated manner by virtue of a magnetic attraction force between the magnet 223 which is disposed on the blocking piece 22 and a magnet 331 which is disposed on the holding portion 330 on the housing 31 of the second closing part 3.) of the second magnet (as at 212, fig 3b).
Regarding claim 16.
The combination of Middleton and Fielder teaches all limitations of claim 1.
Middleton further discloses:
a mount (at 16, fig 3) fixed to the frame (13, fig 3); and
a cover (at 16, fig 3) fastened to the mount and surrounding the locker (at 26, fig 4),
Middleton does not disclose including the first magnet provided on the holder;
wherein the cover includes a fixing hole formed at a lower end portion of the cover so that the locker passes through the fixing hole and is attached to the first magnet; and
a pocket provided on the shade bar to allow the locker to hide in the pocket or reveal from the pocket in the deploying direction of the curtain.
However, Fielder teaches a first magnet (as at 331, fig 3b) provided on a holder (as at 330, fig 3b);
wherein the cover (as at 31, fig 3b) includes a fixing hole (aperture to access magnet, see at 31, fig 1) formed at a lower end portion of the cover so that the locker (as at 22, fig 3b) passes through the fixing hole and is attached to the first magnet (via holder 330, fig 3b); and
a pocket (as at 213, fig 3b) provided to allow the locker (22, fig 3b) to hide in the pocket (See fig 3b) or reveal from the pocket (See fig 4b) in the axial direction of the plane travel.
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Middleton with the holder, magnet, pocket. and locker arrangement of Fielder. It would have further been obvious to install the holder and magnet on the frame, and to install the pocket and locker on the shade bar. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of presenting a cleaner appearance when the shade is retracted.
Regarding claim 17.
The combination of Middleton and Fielder teaches all limitations of claim 16.
The combination further teaches the pocket (213, fig 3b of Fielder) is formed in contact with a side surface (See figs 3b and 4b) of the locker (22, fig 3b).
Regarding claim 18.
The combination of Middleton and Fielder teaches all limitations of claim 17.
The combination, in Fielder, further teaches at least one guide groove (See above pin in annotated fig 15d) formed in the locker in the deploying direction of the curtain (See annotated fig 15d), and at least one guide pin (See annotated fig 15d) slidably inserted into the at least one guide groove (See fig 16d).
Regarding claim 19.
The combination of Middleton and Fielder teaches all limitations of claim 17.
The combination further teaches:
a stopper (as seen at 215, fig 15c of Fielder) formed to protrude from an inlet (See fig 15c of Fielder) of the pocket (213, fig 3b of Fielder), and
a latching step (as seen at 215, fig 15c of Fielder) formed at a lower end portion of the locker (22, fig 3b of Fielder) and caught by the stopper (as seen at 215, fig 15c of Fielder) when the locker is drawn out of the pocket (as seen at 215, fig 15c of Fielder).
Regarding claim 20.
The combination of Middleton and Fielder teaches all limitations of claim 1.
Middleton further discloses a vehicle (2, fig 1), comprising:
a door including a door frame (13, fig 1), a door glass (6, fig 1) provided at the door frame, and the curtain assembly of claim 1 (See above) which is disposed adjacent to an upper portion of the door frame to block sunlight through the door glass (See fig 1).
Claim(s) 7-8, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Middleton and Fielder as applied above, and further in view of US Pat. 3,425,729 – Bisbing.
Regarding claim 7.
The combination of Middleton and Fielder teaches all limitations of claim 6.
The combination does not teach an elastic buckle formed at one side of the body and configured to elastically support the holder fitted into the frame.
However, Bisbing teaches an elastic buckle (31, fig 1 of Bisbing) formed at one side of the body (20, fig 1 of Bisbing) and configured to elastically support the holder fitted into the frame (See at 41 in fig 4 of Bisbing).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the combination of Middleton and Fielder with the elastic buckle of Bisbing. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of simplifying the method of assembly.
Regarding claim 8.
The combination of Middleton, Fielder, and Bisbing teaches all limitations of claim 7.
The combination further teaches an upper end portion of the body (Seen inverted at 330, fig 4b of Fielder) is open (See fig 4b of Fielder) so that the first magnet (331, fig 4b of Fielder) is inserted through the upper end portion of the body (See fig 4b of Fielder), and wherein an end cap (32, fig 2 of Fielder) is fastened to the upper end portion of the body (See fig 2 of Fielder).
Regarding claim 10.
The combination of Middleton and Fielder teaches all limitations of claim 6.
The combination does not teach latching hooks formed on surfaces of the body facing each other and including upper end portions connected to the body and lower end portions caught by an internal surface of the frame to fix the holder to the frame.
However, Bisbing teaches latching hooks (33 and flange opposite, pinching frame 40 in fig 4 of Bisbing) formed on surfaces of the body facing each other (See fig 4 of Bisbing) and including upper end portions (33, fig 4 of Bisbing) connected to the body (via 31, fig 4 of Bisbing) and lower end portions (flange opposite 33, fig 4 of Bisbing) caught by an internal surface (at 41, fig 4 of Bisbing) of the frame (40, fig 4 of Bisbing) to fix the holder to the frame (See figs 4 and 5 of Bisbing).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the combination of Middleton and Fielder with the latching hooks of Bisbing. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of simplifying the method of assembly.
Regarding claim 11.
The combination of Middleton, Fielder, and Bisbing teaches all limitations of claim 10.
Modified Middleton does not teach a spacer inserted into the first magnet in the body and configured to maintain a position of the first magnet inside the body.
However, Bisbing teaches a spacer (12, fig 1) inserted (See fig 2) into the first magnet (11, fig 1) in the body (20, fig 2) and configured to maintain a position of the first magnet inside the body (See fig 5).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the combination of Middleton, Fielder, and Bisbing with the spacer of Bisbing. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of maintaining a position of the first magnet inside the body.
Regarding claim 12.
The combination of Middleton, Fielder, and Bisbing teaches all limitations of claim 11.
The combination further teaches the spacer (12, fig 1 of Bisbing includes a magnetic material magnetized by the first magnet (See column 2, lines 14-16 of Bisbing).
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Middleton, Fielder, and Bisbing as applied to claims 7 and 10 above, and further in view of 3,579,934 – Pietsch.
Regarding claim 9.
The combination of Middleton, Fielder, and Bisbing teaches all limitations of claim 7.
The combination does not teach a guide formed under the body, externally exposed of the frame, and configured to guide the locker to the first magnet.
However, Pietsch teaches a guide (38, fig 5) formed under the body (18, fig 5), externally exposed of the frame (24, fig 3), and configured to guide the locker (26, fig 3) to the first magnet (33, fig 3).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the combination of Middleton, Fielder, and Bisbing with the guide of Pietsch. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of preventing misalignment between the magnet and locker.
Regarding claim 13.
The combination of Middleton, Fielder, and Bisbing teaches all limitations of claim 10. The combination does not teach a guide formed under the body, externally exposed of the frame, and configured to guide the locker to the first magnet.
However, Pietsch teaches a guide (38, fig 5) formed under the body (18, fig 5), externally exposed of the frame (24, fig 3), and configured to guide the locker (26, fig 3) to the first magnet (33, fig 3).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the combination of Middleton, Fielder, and Bisbing with the guide of Pietsch. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of preventing misalignment between the magnet and locker.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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
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.
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/J.W.H./Examiner, Art Unit 3634
/ABE MASSAD/Primary Examiner, Art Unit 3634