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 final office action in response to the amendment filed 2/24/2026.
Claims 1 and 3-5 are amended, and claim 2 is canceled.
Claims 1 and 3-20 are pending and examined.
Claim Objections
Claim 3 is objected to because of the following informalities: in line 3, “chain loop” should be “the chain loop”. 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 and 3-20 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 claim 1, line 9, “the proximal end of the chain loop” has no antecedent basis. By changing “chain loop” to “body” the rejection would be overcome.
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 § 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 1-6, 9 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buxbaum(4,932,456; cited on PTO 892).
Buxbaum discloses a chain protection system for a chain driven blind assembly comprising a drive means(shaft 28) and a chain loop(36/36a) connected to the drive means(see Figs. 2 and 4), the system comprising:
an elongate body(22/24, see Figs. 2 and 4) that extends along a longitudinal axis of the body between proximal and distal ends of the body, the body comprising an outer wall that defines a cavity therein(upper portion of 24 between horizontal 26 and vertical portion parallel to 14a, see Fig. 4 and rolled portion 10a, see Fig, 1), the cavity being configured to house a first portion(upper portion) of the chain loop which is disposed adjacent the proximal end of the body(see Fig. 4), the proximal end of the body being located adjacent the drive means when the chain protection system is installed on the blind assembly, such that the first portion of the chain loop is concealed within the cavity and thereby inhibited from operation by a user's hand(see Figs. 2 and 3); and
a rotatable member(30) mounted within the cavity of the body(see Fig. 4), the rotatable member being configured to engage with the first portion of the chain loop(see Fig. 4),
wherein a second portion of the chain loop hangs freely below the distal end of the body when the chain protection system is installed on blind assembly such that second portion of the chain loop js freely accessible by a user's hand to operate the chain loop(see Fig. 2).
Regarding claim 3, Buxbaum discloses the chain protection system according to claim 1, wherein the chain loop engages first and second opposing sides of the rotatable member such that the second portion of the chain loop remains a consistent length during operation(see Figs.).
Regarding claim 4, Buxbaum discloses the chain protection system according to claim 3, wherein the rotatable member is mounted in a fixed position within the cavity of the body and the chain loop engages the first side of the rotatable member(element 30 is fixed with respect to the element 22, see Figs.), extends below the distal end of the body, and returns to engage the second side of the rotatable member(see Fig. 2).
Regarding claim 5, Buxbaum discloses the chain protection system according to claim 4, wherein the rotatable member comprises a first aperture formed therethrough(see Figs. 3 and 4), and the body comprises a second aperture formed therethrough(see Fig. 4), the first and second apertures being disposed along an axis of rotation of the rotatable member(see Fig. 4), and wherein a pin(14b, see Fig. 4) extends through the first and second apertures and thereby rotatably mounts the rotatable member to the elongate body(the pin supports the body and thereby allows the body and rotation member to rotate meeting the claim limitation).
Regarding claims 6 and 16-18, Buxbaum discloses the chain protection system according to claim 1, wherein the elongate body(22/24) comprises a shroud(24 is considered a “shroud” extending between first and second ends of the shroud), and a funnel member(38/38a/38b or 14a/14b, see Fig. 4; the term “funnel member” lends no structural limitation to the claim) mounted to the first or second end of the shroud, the funnel member is mounted to an end of the shroud that is disposed towards the drive means of the chain driven blind assembly in use(the funnel member 14a/14b is adjacent the drive means, see Fig. 4), the funnel member is mounted to an end of the shroud that is disposed towards the drive means of the chain driven blind assembly in use(the funnel member 38/38a, 38b is spaced from the drive means, see Fig. 4).
Regarding claim 9, Buxbaum discloses the chain protection system according to claim 6, wherein the funnel member(14a) comprises:
an extension portion(14b) having a cross sectional area that is smaller than a cross sectional area of the shroud, the extension portion being configured to be received by the shroud(see Fig. 4); and
a head portion(14a) that is disposed at an end of the extension portion, the head portion being configured to extend from the shroud(see Fig. 4).
Regarding claims 19-20, Buxbaum discloses the chain protection system according to claim 1, wherein the rotatable member comprises a mounting portion(area between 32 and grooves 30a) and a plurality of chain receivers(area between grooves, see Fig. 3) that are integrally formed with and extend from the mounting portion, the chain receivers each being configured to receive a link of the chain loop and to thereby rotate the rotatable member upon operation of the chain loop(see column 3, lines 1-7),
wherein the plurality of chain receivers are evenly spaced about a circumference of the mounting portion and are disposed adjacent an inner wall of the body to prevent the chain loop from passing the rotatable member without rotating the rotatable member(see Fig. 4).
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Buxbaum in view of Ferland(CA3100301; cited on IDS filed 12/20/2023).
Buxbaum discloses the chain protection system according to claim 1, but lacks the shape of the shroud.
Ferland discloses a chain protection system for a blind assembly(see Fig. 1), the system having a shroud(44) around a chain loop(30), the should having walls around a cavity(see Figs. 4 and 5) and end walls having a curved shape thereby providing an oblong shroud(see Fig. 5), the loop extending from below the shroud to hang freely(see Fig. 3).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have substituted the body of Buxbaum with that of Ferland given that KSR International Co. v. Teleflex Inc., 550 U.S. 398, 127 S.Ct. 1727, 82 USPQ.2d 1385 (Fed. Cir. 2005), cert. granted, 547 U.S. __ (2006) has found that the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Response to Amendment
Applicant’s amendment has overcome the previous claim objection and rejections.
Allowable Subject Matter
Claims 10-15 are would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
No prior art of record shows a chain protection system with a body with a rotatable member therein and a chain loop with an end within the body and an end freely hanging therefrom, and the funnel member of claims 10, 14 and 15, nor any motivation to do so.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
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 BETH A. AUBREY(STEPHAN) whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/