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 .
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 1-9, 13, 15, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Sundelin (U.S. Patent Application Publication No. 2023/0349229) in view of Romoli (IT 202000003587). Note: A copy of a machine translation of the Romoli patent document was provided with the Office action dated 2/17/26. References to the disclosure of Romoli are directed to the machine translation.
Regarding claim 1, Sundelin discloses a modular pocket system (140) for recessing into a ceiling [FIG. 14a], the modular pocket system comprising:
a plurality of panels including a top panel (146), a first side panel (148), and a second side panel (144), which are configured to be assembled to form a pocket having at least one lower open face (as shown in Figure 21, the panels form a pocket with an open lower face at the cover element 8); and
a plurality of metal profiles (152 and the corresponding profile on the opposite panel 144 as shown in Figure 21; paragraph 0034 discloses that the elongated support members may be made from aluminum) including a first side profile (152) configured to be coupled to the first side panel [FIG. 21], and a second profile (opposite profile shown in Figure 21) configured to be coupled to the second side panel [FIG. 21] or the top panel, wherein the first side profile includes at least one protruding feature for coupling to a component (as shown in Figure 21, the profile 152 and the opposing profile each include protruding features that couple to at least component 10).
Sundelin does not disclose that the panels are formed of a wood-based material.
Nonetheless, Romoli discloses a modular pocket system comprising a plurality of panels (10, 11, 12, 13), wherein each of the plurality of panels is formed of a wood-based material (paragraphs 0060, 0062) so that the panels can be cut to a desired length prior to assembly (paragraphs 0120 and 0123 disclose cutting panels 10, 11, and 13 to a desired length).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the panels of Sundelin to be formed from a wood-based material, as taught by Romoli, in order to allow for rapid adjustment of dimensions of the pocket system using commonly available tools, so as to ensure a more precise or custom fit in a given installation.
Regarding claim 2, Sundelin discloses a plurality of end plates including a first end plate configured to be assembled to a first end of the plurality of panels, and a second end plate configured to be assembled to a second end of the plurality of panels (paragraph 0132 discloses that end plates may be attached to opposite ends of the pocket system).
Regarding claims 3-5, Sundelin discloses a cover profile (8) configured to be coupled to the first side profile to at least partially enclose the open face of the pocket [Fig. 21], wherein the cover profile has at least one protruding feature (hook shown in Figure 21 connecting the cover profile 8 to the connecting member 10) which is configured to engage with the at least one protruding feature on the first side profile (via connecting member 10) to couple the cover profile to the first side profile; wherein the at least one protruding feature on the first side profile includes at least two hooks to provide two vertically offset positions to couple the cover profile (as shown in Figure 21, profile 152 includes at least two protruding hooks engaging the connecting member 10 that are vertically offset); wherein the at least one protruding feature on the first side profile includes at least two hooks (hooks shown in Figure 21 on the first side profile 152), and the at least one protruding feature on the cover profile includes at least two hooks to provide two spaced apart locations for the cover profile to engage with the first side profile [FIG. 21].
Regarding claim 6, Sundelin discloses the panels, but does not disclose that they are made of fiberboard.
Nonetheless, Romoli discloses panels made of fiberboard (paragraph 0060). As set forth with respect to claim 1 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed the panels of Sundelin from the wood-based fiberboard material taught by Romoli, in order to allow for precise and simple adjustment of the dimensions using commonly available tools.
Regarding claim 7, Sundelin discloses that the plurality of metal profiles is made of aluminum (paragraph 0034).
Regarding claims 8 and 9, Sundelin discloses the panels, wherein the first side profile has an outer surface and an opposite inner surface facing an inside of the pocket [FIG. 21], wherein the at least one protruding feature on the first profile includes a plurality of protruding features (hook projections on the side profile 152 engaging connecting member 10) including a first protruding feature on the outer surface (stepped portion of the profile 152 interlocking with the side panel 148) and a second protruding feature on the inner surface for coupling to a component (8) [FIG. 21], but does not disclose that the panels include notches for assembling the panels, or a notch in the first side panel configured to engage the protruding feature of the first side profile.
Nonetheless, Romoli discloses notches in the plurality of panels (notches are shown in panels 11, 10 and 13 in at least Figure 9) for assembling the panels together; and a panel (15) having a notch configured to engage a protruding feature on a profile element (150; the protruding feature of the profile element 150 and the engagement with the notch of the panel 15 are both shown in at least Figure 9).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the panels and profile member of Sundelin to include the notch attachment and protruding feature taught by Romoli, in order to facilitate assembly by ensuring reliable and consistent alignment of the components with each other, and to provide additional mechanical strength for the connections.
Regarding claim 13, Sundelin discloses that the pocket is configured to house a bracket (164, 166) or track which is configured to hold a shade, screen, light, or drapery [FIG. 18].
Regarding claim 15, Sundelin discloses that the first side profile and the second side profile are configured to be coupled, respectively, to the first and second side panels adjacent the open face of the pocket [FIG. 21], and wherein a portion of the first side profile and the second side profile extends around a lower end of the first and second side panels and outside of the pocket (as shown in Figure 21, the profile 152 and the opposite profile on the second side panel 144 extend from an interior face of the respective panels 148, 144, and wrap around the lower sides thereof and out of the pocket).
Regarding claim 25, Sundelin discloses that the first side panel has an inner surface facing an inside of the pocket, wherein the first side profile is coupled to the inner surface of the first side panel [FIG. 21] (paragraph 0168).
Claims 10, 11, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sundelin (U.S. Patent Application Publication No. 2023/0349229) in view of Romoli (IT 202000003587) and Shopp (U.S. Patent No. 6,532,109).
Regarding claims 10 and 11, Sundelin, as modified above, discloses the modular pocket system and a bracket (164, 166) configured to hold a rolled shade or screen (46) within the pocket [FIGS. 18a, 24], but does not disclose a bracket mounting profile coupled to the op panel.
Nonetheless, Shopp disclose a modular pocket system comprising a bracket mounting profile (upper profile defined by projections 80 and 84) provided on a top panel (15); and a bracket (102) configured to be coupled to the bracket mounting profile [FIG. 4], wherein the bracket has an angled edge (at 113, 114) so that the bracket twists into the bracket mounting profile (column 8, lines 36-46).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pocket system and bracket of Sundelin, as modified above, to include a bracket mounting profile and attachment of the bracket to the top panel, as taught by Shopp, in order to provide an adjustable attachment for the roller shade that securely locates the bracket of the shade in an aligned location within the pocket.
Regarding claim 16, Sundelin discloses a modular pocket shade system (140) for recessing into a ceiling [FIG. 14a], the modular pocket system comprising:
a plurality of panels including a top panel (146), a first side panel (148), and a second side panel (144), which are configured to be assembled to form a pocket having at least one lower open face (as shown in Figure 21, the panels form a pocket with an open lower face at the cover element 8); and
a plurality of metal profiles (152 and the corresponding profile on the opposite panel 144 as shown in Figure 21; paragraph 0034 discloses that the elongated support members may be made from aluminum) including a first side profile (152) configured to be coupled to the first side panel [FIG. 21], wherein the first side profile includes at least one protruding feature for coupling to a component (as shown in Figure 21, the profile 152 includes protruding features that couple to at least component 10).
Sundelin does not disclose that the panels are formed of a wood-based material, or a top profile coupled to the top panel.
Nonetheless, Romoli discloses a modular pocket system comprising a plurality of panels (10, 11, 12, 13), wherein each of the plurality of panels is formed of a wood-based material (paragraphs 0060, 0062) so that the panels can be cut to a desired length prior to assembly (paragraphs 0120 and 0123 disclose cutting panels 10, 11, and 13 to a desired length).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the panels of Sundelin to be formed from a wood-based material, as taught by Romoli, in order to allow for rapid adjustment of dimensions of the pocket system using commonly available tools, so as to ensure a more precise or custom fit in a given installation.
Furthermore, Shopp discloses a modular pocket system comprising a top profile (upper profile defined by projections 80 and 84) provided on a top panel (14) including a protruding feature (82, 86) for coupling to a component.
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pocket system of Sundelin to include a top profile, as taught by Shopp, in order to provide an adjustable attachment for the roller shade that securely locates the bracket of the shade in an aligned location within the pocket.
Regarding claim 17, Sundelin discloses the modular pocket shade system, a rolled shade (46) or screen held within the pocket [FIGS. 23, 24], but does not disclose the top profile.
Nonetheless, Shopp discloses that the top profile is a bracket mounting profile [FIG. 4] configured to receive a bracket (106) configured to hold a rolled shade or screen within the pocket (column 8, lines 47-60) [FIG. 4]. As described with respect to claim 16 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pocket system of Sundelin to include the top profile taught by Shopp, in order to provide an adjustable attachment for the roller shade that reliable locates and aligns the shade within the pocket.
Regarding claims 18 and 19, Sundelin discloses a first cover profile (8) configured to be coupled to the first side profile to at least partially enclose the open face of the pocket [FIG. 21], wherein the first cover profile has at least one protruding feature (hook feature extending from the cover profile 8 and coupling to the connecting member 10) which is configured to engage with the at least one protruding feature on the first side profile to couple the first cover profile to the first side profile (via the connecting member 10); and a second side profile (opposite profile shown in Figure 21, connected to panel 144) configured to be coupled to the second side panel [FIG. 21], and a second cover profile (108) configured to be coupled to the second side profile to at least partially enclose the open face of the pocket, wherein the second cover profile has at least one protruding feature which is configured to engage with at least one protruding feature on the second side profile to couple the second cover profile to the second side profile (the engagement of the second cover profile 108 is shown in Figure 24; at least paragraph 0199 discloses that the cover configurations are usable with the different embodiments, and the two cover profiles 8 and 108 are usable with the embodiment shown in Figure 21).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sundelin (U.S. Patent Application Publication No. 2023/0349229) in view of Romoli (IT 202000003587) and Shopp (U.S. Patent No. 6,532,109), as applied to claim 10 above, and further in view of Feldstein (U.S. Patent No. 9,206,641).
Regarding claim 12, Sundelin, as modified above, discloses the bracket and engagement of the bracket with the bracket mounting profile (as modified by Shopp above), but does not disclose first and second bracket components and a height adjusting bolt.
Nonetheless, Feldstein discloses a bracket (100) comprising a first bracket component (102) and a second bracket component (112) configured to hold a rolled shade or screen (column 4, lines 16-21); and a height adjusting bolt (116) positioned between the first and second bracket components [FIGS. 1, 2] configured to level the rolled shade or screen while the rolled shade or screen is installed (column 4, lines 30-41).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bracket of Sundelin, as modified above, to have the two component configuration and height adjustment bolt taught by Feldstein, in order to allow for realignment of the shade during or after installation, so as to ensure that it does not become crooked or wrinkled during use.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sundelin (U.S. Patent Application Publication No. 2023/0349229) in view of Romoli (IT 202000003587), as applied to claim 1 above, and further in view of Hulka (U.S. Patent No. 9,464,433).
Regarding claim 14, Sundelin, as modified above, discloses the first side profile, but does not disclose a plurality of side profiles and a plurality of joiner bars.
Nonetheless, Hulka discloses a plurality of profiles (30) that extend in a substantially linear arrangement; and a plurality of joiner bars (10) coupling the plurality of profiles together [FIG. 8].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first side profile of Sundelin to be formed from different profiles linearly arranged and coupled via joiner bars, as taught by Hulka, in order to allow for installation of longer pocket systems with shorter length profiles, so as to reduce packaging and shipping costs for the assembly.
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Sundelin (U.S. Patent Application Publication No. 2023/0349229) in view of Chance (U.S. Patent No. 6,491,172).
Regarding claim 26, Sundelin discloses an assembled pocket system (140) for recessing into a ceiling [FIG. 14a], the pocket system comprising: a plurality of panels including a top panel (146), a first side panel (148), and a second side panel (144), which are assembled to form a pocket having at least one lower open face (as shown in Figure 21, the panels form a pocket with an open lower face at the cover element 8);
a plurality of metal profiles (152 and the corresponding profile on the opposite panel 144 as shown in Figure 21; paragraph 0034 discloses that the elongated support members may be made from aluminum) including a first side profile (152) coupled to the first side panel [FIG. 21], and a second profile (opposite profile shown in Figure 21) coupled to the second side panel [FIG. 21] or the top panel, wherein the first side profile includes at least one protruding feature for coupling to a component (as shown in Figure 21, the profile 152 and the opposing profile each include protruding features that couple to at least component 10);
wherein the first side panel has an inner surface facing an inside of the pocket (inner surface of the side panel 148 contacting the first side profile 152), and wherein at least a portion of the first side profile is coupled to the inner surface of the first side panel.
Sundelin does not disclose a notch in the first side panel in which the first side profile is received.
Nonetheless, Chance discloses a panel (10) and profile (34) connection, wherein the panel has a notch (18) on an inner surface (12) thereof [FIG. 2], and at least a portion of the first side profile (34) is received within the notch (as shown in Figure 2, the rear portion 36b of the profile is received within the notch 18) to couple to the inner surface of the panel.
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the panel profile connection of Sundelin to include a notch in the panel receiving a portion of the profile, as taught by Chance, in order to facilitate assembly, removal, and replacement of the profile by providing additional interlocking structure allowing for a toolless connection, and to provide greater adjustability in the position of the profile.
Regarding claim 27, Sundelin discloses that the first side profile has an outer surface and an opposite inner surface facing the inside of the pocket [FIG. 21], wherein the at least one protruding feature on the first profile includes a plurality of protruding features (hook projections on the side profile 152 engaging connecting member 10) wherein the outer surface of the first side profile has a first protruding feature (stepped portion of the profile 152 interlocking with the side panel 148) configured to engage with the first side panel [FIG. 21] and wherein the inner surface of the first side profile has a second protruding for coupling to a component (8) [FIG. 21], but does not disclose the notch in the first side panel configured to engage the protruding feature of the first side profile.
Nonetheless, Chance discloses a notch engaging a first protruding feature (36b) of the first side profile. As set forth with respect to claim 26 above, it would have been obvious to have modified the panel and profile of Sundelin to have the notch connection taught by Chance in order to facilitate connection of the parts and to allow for greater adjustability.
Regarding claim 28, Sundelin discloses the panels, but does not disclose that they are formed of a wood-based material.
Nonetheless, Chance discloses panels formed of a wood-based material (column 1, lines 35-44).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the panels of Sundelin to be formed from wood, as taught by Chance, in order to provide a lightweight, readily available and affordable material that is more easily cut, machined, or milled for the construction of the pocket system panels.
Response to Arguments
Applicant's arguments filed 5/15/26 have been fully considered but they are not persuasive.
Applicant argues that Sundelin fails to disclose panels made of wood, and also fails to disclose a plurality of discrete panels. This argument is not found persuasive, as Sundelin is not relied upon in the rejection to teach the use of wood panels or discrete panels. As set forth in the rejection above, Romoli teaches the use of wood panels, including discrete top and side panels that are assembled together. Romoli further teaches connection of the different panels to each other, and discloses in at least paragraphs 0012, 0018, 0062, and 0123, and Figures 1-3, 9, and 10 that the components of the pocket system may be formed from different materials. The rejection also does not rely upon Romoli to teach the location of the connection between the side panel and the profile, as Sundelin teaches that this connection is provided between the first side panel and the first side profile. Applicant’s arguments against the combination of Sundelin, Romoli, and Shopp are also not found persuasive, as Shopp is not relied upon to teach a discrete profile. Rather, Shopp is relied upon to teach the provision of a profile on the top panel, and Sundelin is relied upon to teach the use of discrete profiles that are connected to the panels of the pocket system. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Sundelin does not disclose that the pocket system is a “one material single piece construction” as argued by Applicant, as at least paragraph 0168 explicitly discloses that the profile 152 is formed as a separate component from the panel 148. Romoli also does not disclose that all of the components of the pocket system must be formed from wood, as the different components not forming the panels 10-13 may be formed from different materials (including the spacers 14, the “stiffeners” 150, or the load-bearing parts of the shoulders 20). One of ordinary skill in the art would recognize the means by which the panels could be formed from wood (as taught by Romoli) without changing the material composition of the profile member 152 of Sundelin, which is disclosed as being metal. One of ordinary skill would further recognize the benefits of such a material selection, as wood panels provide a structure that is more readily available and easier to cut to size, while metal provides the known benefits of being more durable and structurally secure. 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.
Applicant’s declaration under 37 CFR 1.132 has been fully considered, but it is insufficient to overcome the rejection(s) based upon 35 U.S.C. 103 as set forth in the last Office action. The declaration does not establish a commercial success linked specifically to the claimed invention, or establish evidence of non-obviousness of the claimed invention. Although the declaration appears to satisfy a relation between the claimed invention and the alleged copy, this is not sufficient to establish unexpected results, commercial success, solution of a long-felt need, or inoperability of the prior art. The declaration is therefore not persuasive in overcoming the obviousness rejection.
Applicant’s arguments have been fully considered but are not found persuasive.
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 ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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/ABE MASSAD/Primary Examiner, Art Unit 3634
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