DETAILED ACTION
The following Final Office Action is in response to the amendment filed 10/23/2025.
Status of the claims: Claim 1-15 are hereby examined below.
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 1-15 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.
Claim 1 recites that the end wall of the tension fitting is flush with a wall of the lateral profile. This is never stated in the specification, and while Figure 10 shows and end wall (105) of the tension fitting within the lateral rail, it cannot be assumed to be flush with the wall of the lateral rail. Examiner believes that “approximately” or “substantially” flush are appropriate descriptors since it is never defined to be exactly flush.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
Specification
The amendment filed 10/23/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Claim 1 recites that the end wall of the tension fitting is flush with a wall of the lateral profile. This is never stated in the specification, and while Figure 10 shows and end wall (105) of the tension fitting within the lateral rail, it cannot be assumed to be flush with the wall of the lateral rail.
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
As best understood, claims 1-12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scholz US 2023/0332462.
In regard to claim 1, with reference to Figures 1-9, Scholz ‘462 disclose a plisse installation for window and door openings, the plisse installation comprising two profile rails including an upper rail (shown below) and a lower rail (shown below) between the both of which a sun protection device (20D) adjustable in size is disposed, a lateral profile (12) disposed perpendicular to the longitudinal extension of the profile rails, the profile rails being disposed on a tension cord (18) so as to be freely displaceable independently of each other along the longitudinal extension of the lateral profile (12), the tension cord (18) being directly or indirectly fastenable within the lateral profile (12), wherein a guide blade (20B) is disposed on the profile rails, the guide blade (20B) protruding into the lateral profile (12) via an opening (12B) of the lateral profile (12) in order to guide the profile rails along the lateral profile (12), and the tension cord (18) being guided through the sun protection device (20D), through the lateral profile (12) and through the profile rails so as to be inaccessible, further including a tension fitting (16) adapted for the tension cord (18), wherein the tension fitting (16) includes a tension shoe cap (left half of 16), a tension shoe cap adjuster (16B), and an end wall (bottom surface), and wherein the tension fitting (16) is disposed within the lateral profile (12) such that the tension shoe cap (left half of 16) and the tension shoe cap adjuster (16B) are within (between the side walls) the lateral profile (12) and the end wall (bottom) is flush with a wall (top of 12a, shown in Fig. 7) of the lateral profile (12).
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In regard to claim 2, Scholz ‘462 discloses wherein the guide blade (20B) is disposed on an end cap (see Figure 3) disposed on a front face on the profile rails (shown above), the guide blade (20B) preferably being formed in one piece with the end cap.
In regard to claim 3, Scholz ‘462 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, Scholz ‘462 disclose wherein the guide blade (20B) has a recess (see Figure 7) for guiding the tension cord (18).
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In regard to claim 5, Scholz ‘462 discloses wherein an end lid (14) is disposed on a front face (See Figure 4), in order to fasten a tension fitting (16) for the tension cord (18).
In regard to claim 6, Scholz ‘462 discloses wherein the tension shoe cap (left half of 16) and a tension shoe cap adapter (right half of 16) fasten the tension cord (18) within the lateral profile, the tension shoe cap (left half of 16) and the tension shoe cap adapter (right half of 16) being integral.
In regard to claim 7, Scholz ‘462 discloses wherein the tension shoe cap adapter (right half of 16) is connectable to the end lid (14) by means of a snap connection (with 14C).
In regard to claim 8, Scholz ‘462 discloses wherein the end lid (14) has a snap arm (14A) which is engageable in a snap opening (shown in Figure 4) of the lateral profile (12).
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In regard to claim 9, Scholz ‘462 discloses an end lid (14) which closes an end of the side profile (12) and forms an even continuous end surface.
In regard to claim 10, Scholz ‘462 discloses wherein a handle element (20A) for adjusting the height of the profile rails (shown above) is disposed on the profile rails, the handle element (20A) being fastened on the profile rails.
In regard to claim 11, Scholz ‘462 discloses wherein the connection between the lateral profile (12) and the end lid (14) is designed so as to not be manually disconnectable. (Figure 4 shows the end cap screwed in place. 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, Scholz ‘462 discloses wherein the lateral profile (12) has an essentially C-shaped base body, a cover leg protruding from the base body of the lateral profile towards the profile rails.
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In regard to claim 15, Scholz ‘462 discloses wherein the plisse installation has two lateral profiles (12), four end lids (14) and four tension fittings (16,16D).
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 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Scholz US 2023/0332462.
In regard to claim 13, 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. Scholz ‘462 fails to disclose wherein the guide blade and the end lid are connectable to one another by means of a disconnectable snap fit connection.
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 Scholz ‘462 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.
In regard to claim 14, Scholz ‘462 discloses wherein two lateral profiles (12) are comprised and the clear width between the two lateral profiles (12) is wider than the length of the profile rails (shown above). (Figure 6 shows that the profile rails do not extend to touch the lateral profiles) Scholz ‘462 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, with a reasonable expectation of success 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 Scholz ‘462. 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 not persuasive. Per Examiner’s Interview summary on 10/27/2025, there was general discussion regarding language to further define the structure so as to not be so broadly claimed and possibly overcome the prior art applied, however there was no agreement that the specific language submitted would overcome the prior art. As shown in the rejection above, the prior art still anticipates the claimed limitations.
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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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