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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/27/2026 has been entered.
Response to Arguments
Applicant's arguments filed 01/27/2026 with respect to claims 1-2, 6-7 have been fully considered but they are not persuasive.
Applicant argues that D1 does not disclose wherein respective bottoms of the voids are recessed from the first outer surface or second outer surface. The argument is not found persuasive because a void is an empty space by definition and is not required to be bounded by a physical object/barrier as applicant appears to be arguing. The void space of D1 (slots 21) can have a bottom bounds selectable that is not a physical part/member and still be recessed from the outer surface. The claim only requires bottom of void to be recessed from the outer surface but does not require the bottom of voids to be bounded by a physical part/member.
Applicant’s arguments with respect to claim(s) 13-15 and 20 have been considered but are moot in view of the new ground of rejection.
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 1-2, 4-12 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 recites the limitation "the second surface" in line 10. There is insufficient antecedent basis for this limitation in the claim. It is not clear if this refers to the second outer surface or another part.
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.
Claim(s) 1-2, 6-7 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sheng Yuang Plastic (DE 20011478 U1).
Regarding claim 1, Kalish et al. (hereafter “D1”) discloses a rod connector (connecting piece 2) comprising: a one-piece body (figure 1A), the one-piece body defining a first shaft portion (upper connector portion at arched discs 22) configured to engage a first rod, a second shaft portion (lower connector portion at arched discs 22) configured to engage a second rod, and a circumferential ridge (center portion of 2 - not indexed – figure 1A) projecting radially from the body between the first shaft portion and the second shaft portion (figure 1B), the circumferential ridge directly engaging the first shaft portion the second shaft portion and being entirely solid. D1 discloses wherein the first shaft portion (at upper 22) includes a first outer side surface and the second shaft portion (at lower 22) includes a second outer side surface, the first outer side surface and the second outer side surface including voids (at slots 21 – figure 1A) and wherein bottoms of the voids are recessed from the first outer surface or the second surface.
Regarding claim 2, D1 discloses wherein the one-piece body has a solid core (at least central region of ridge is solid – figure 1B).
Regarding claim 6, D1 discloses wherein the voids (21) are grooves extending longitudinally between adjacent longitudinally extending ribs carrying the first outer side surface and the second outer side surface (figure 1A).
Regarding claim 7, D1 discloses wherein a ratio of a length of the first shaft portion to a maximum diameter of the first shaft portion is about 1.25 or more (based on dimensions of figure 1A).
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) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheng Yuang Plastic (DE 20011478 U1) in view of Hubscher (CH 588,038 A5).
Regarding claim 13, D1 discloses a rod system comprising: a first hollow rod (1); a second hollow rod (figure 1A); and a rod connector (2), the rod connector comprising a one-piece body defining a first shaft portion (upper connector portion at arched discs 22) for engaging the first rod, a second shaft portion (lower connector portion at arched discs 22) for engaging the second rod, and a circumferential ridge (center portion of 2 - not indexed – figure 1A) projecting radially from the body between the first shaft portion and the second shaft portion (figure 1B), wherein the first rod and the second rod have a first outer diameter substantially the same as a second outer diameter of the circumferential ridge such that when the first rod and the second rod engage the first shaft portion and the second shaft portion, respectively, until the first rod and the second rod are adjacent the circumferential ridge, a substantially smooth transition is provided between the first rod, the circumferential ridge, and the second rod (figure 1B). D1 does not specifically state if the diameters of the circumferential ridge and outer tube are the same or different. The figures (1-B and 1-C) appear to show both a slightly different diameter (1-B) and a same diameter (1-C). However, it is well known in the art to have a connector ridge diameter to be equal to that of the outer tubes being connected as evidenced by Hubscher (hereafter “D2”) in figures 1-2. As such, if D1 is deficient in teaching of a substantially same diameter, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to utilize a same diameter of the circumferential ridges and tubes for D1, as taught by D2, for the purpose of providing a smooth transition.
Regarding claims 14-15, see the discussions of claims 1-2 above.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheng Yuang Plastic (DE 20011478 U1) in view of Hubscher (CH 588,038 A5) and Didehvar (US 8,341,775).
Regarding claim 20, D1 in view of D2 does not disclose a curved rod and shaft connector portion. Didehvar teaches a curved curtain rod with two rod portions connected by a curved connector (7) (figure 3). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify D1 for use with curved rod and connector as taught in Didehvar.
Allowable Subject Matter
Claims 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 4-5, 8-12 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.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not disclose or suggest any combination meeting the limitations of the objected to claim(s). Specifically, D1 does not teach at least the claimed void area to side surface ratio of at least 0.6, voids in groupings of pockets, tabs extending from the circumferential ridge, or angled longitudinal ridges; and the prior art documents of record do not suggest a modification to meet these limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/Primary Examiner, Art Unit 3631