DETAILED ACTION
The following Non-Final Office Action is in response to the RCE filed 6/9/2026.
Status of the claims: Claim 1-16 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.
Claims 1-16 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.
Claim 1, line 8 recites “disposed on the profile rail” while line 2 recites “two profile rails”. Should this read – disposed on one of the two profile rails --?
Claim 2 recites “preferably being formed in one piece”. The use of the word “preferably” makes it unclear if it is required to be formed in one piece.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6, line 2 recites “ a tension shoe cap adapter”. Examiner presumes this should read – the tension shoe cap adapter --.
Claim 14 is objected to because of the following informalities: Claim 14, line 2 recites “ the clear width”. Examiner presumes this should read – a clear width --.
Appropriate correction is required.
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 snap connection between the guide blade and the end lid as recited in claim 13 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 § 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 1-7,9-12 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelissen US 2023/0313603.
In regard to claim 1, with reference to Figures 1-12b, Nelissen ‘603 discloses a plisse installation for window and door openings, the plisse installation comprising two profile rails including an upper rail (20, Fig. 1) and a lower rail (30, Fig. 1) between the both of which a sun protection device (40, Fig. 1) adjustable in size is disposed, a lateral profile (50, Fig. 1) disposed perpendicular to the longitudinal extension of the profile rails (20,30), the profile rails being disposed on a tension cord (190, Fig. 12a) so as to be freely displaceable independently of each other along the longitudinal extension of the lateral profile (50), the tension cord (190) being directly or indirectly fastenable within the lateral profile (50), wherein a guide blade (322, Fig. 10a) is disposed on the profile rails (20,30), the guide blade (322) protruding into the lateral profile (50) via an opening (shown below) of the lateral profile (50) in order to guide the profile rails (20,30) along the lateral profile (50), and the tension cord (190) being guided through the sun protection device (40), through the lateral profile (50) and through the profile rails (20,30) so as to be inaccessible, further including a tension fitting (80, Fig. 1) adapted for the tension cord (190), wherein the tension fitting (80) includes a tension shoe cap (100, Fig. 6C), a tension shoe cap adapter (90, Fig. 6c), and an end wall ( of 322, Fig 12b), and wherein the tension fitting (80) is disposed within the lateral profile (50) such that the tension shoe cap (100) and the tension shoe cap adapter (90) are within (between the side walls 60,65 as shown in Figure 12a) the lateral profile (50) and the end wall (of 322) faces in a direction of the opening and is at least partially within the opening (shown below).
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In regard to claim 2, Nelissen ‘603 discloses wherein the guide blade (322) is disposed on an end cap (320, Fig. 10a) disposed on a front face on the profile rails (20,30), the guide blade (322) preferably being formed in one piece with the end cap (320).
In regard to claim 3, Nelissen ‘603 discloses wherein the opening (12B) in the lateral profile (12) extends over the entire longitudinal extension of the lateral profile (12).
In regard to claim 4, Nelissen ‘603 disclose wherein the guide blade (322) has a recess (as shown in Fig. 10a) for guiding the tension cord (190).
In regard to claim 5, Scholz ‘462 discloses wherein an end lid (216, Fig. 7h) is disposed on a front face (of 50) in order to fasten a tension fitting (80) for the tension cord (190).
In regard to claim 6, Nelissen ‘603 discloses wherein the tension shoe cap (100) and the tension shoe cap adapter (90) fasten the tension cord (190) within the lateral profile, the tension shoe cap (100) and the tension shoe cap adapter (90) being connectable to one another.
In regard to claim 7, Nelissen ‘603 disclose the tension shoe cap adapter (100) is connectable (indirectly) to the end lid by means of a snap connection (created by the screw connection to upper frame 230).
In regard to claim 9, Nelissen ‘603 discloses an end lid (216) which closes an end of the lateral profile (50) and forms an even continuous end surface.
In regard to claim 10, Nelissen ‘603 discloses wherein a handle element (110, Fig. 1) for adjusting the height of the profile rails (20,30) is disposed on each of the profile rails, each handle element (110) being fastened on a respective one of the profile rails.
In regard to claim 11, Nelissen ‘603 discloses wherein the connection between the lateral profile (50) and the end lid (216) is designed so as to not be manually disconnectable. (Paragraph [0094] states that the corners 216 and the frames are sealed which would require a tool to penetrate the seal to disassemble. Per applicant’s definition on page 10 of the specification, manually disconnectable means that it cannot be disconnected without tools)
In regard to claim 12, Nelissen ‘603 discloses wherein the lateral profile (50) has an essentially C-shaped base body (forming 232, Fig. 12a) , a cover leg (60, Fig. 12a) protruding from the base body of the lateral profile towards the profile rails (20,30).
In regard to claim 15, Nelissen US 2023/0313603 discloses wherein the plisse installation has two lateral profiles (20,30), four end lids (216, one at each corner) and four tension fittings (80, one at each corner).
In regard to claim 16, Nelissen ‘603 disclose the tension shoe cap adapter (90) at least partially encloses the tension shoe cap (100)
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 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nelissen US 2023/0313603 in view of Scholz US 2023/0332462.
In regard to claim 8, Nelissen ‘603 fails to disclose wherein the end lid has a snap arm which is engageable in a snap opening of the lateral profile. Scholz ‘462 discloses that end lids (14) have snap arms (14A) which is engageable in a snap opening (12A) of the lateral profile (12) (paragraph [0012] states that the endcaps are snapped into the rails)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Nelissen ‘603 to include a snap arm and snap opening as taught by Scholz ‘462 for the purpose of securely connect them together.
In regard to claim 13, Nelissen ‘603 fails to disclose wherein the guide blade and the end lid are connectable to one another by means of a disconnectable snap fit connection. Scholz ‘462 discloses wherein the guide blade (20) and the end lid (14) are connectable to one another by means of a disconnectable magnetic connection (via 16E and 20C), the guide blade (20) being brought into contact (with 16) at an undercut of the end lid.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Nelissen ‘603 to make the guide bland and end lid be connectable, the guide blade being brought into contact with an undercut and be connectable to the lid as taught by Scholz ‘462 so as to allow the curtain to be held in place and prevent falling. It would have obvious to modify the device to use a snap fit connection instead of a magnetic connection in order to possibly lower cost or the possibility of the magnets coming loose.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nelissen US 2023/0313603
In regard to claim 14, Nelissen US 2023/0313603 discloses wherein two lateral profiles (50) are provided and a clear width between the two lateral profiles (12) is wider than the length of the profile rails (there must be a width between profiles that is wider than a length of the profile rails for the rails to be able to moved up and down). Nelissen US 2023/0313603 fails to disclose the width between the two lateral profiles is maximally 20 mm wider than the length of the profile rails.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to make the width between the two lateral profiles be maximally 20 mm wider than the length of the profile rails in order to minimize light gaps or help to limit access to the cords as is desired by Nelissen US 2023/0313603. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Response to Arguments
Applicant's arguments filed 10/23/2025 have been fully considered but they are moot in view of the new grounds of rejection.
Conclusion
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
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