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 .
Election/Restrictions
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/16/2026.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0008] contains a typographical error. “frustrum” should be “frustum”.
Paragraph [0090] contains a typographical error. “frustrum” should be “frustum”.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 2 and 7 are objected to because of the following informalities:
Claim 2 contains a typographical error. “frustrum” should be “frustum”.
Claim 7 contains the limitation “defined by the support member extend a second distance from the housing,”. This is grammatically incorrect.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/282,275. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is broader in scope than claim 1 of the reference application, and the subject matter of instant claim 1 is encompassed in the language of reference claim 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 12, 14, and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of copending Application No. 19/282,275 in view of PG Pub. US 2005/0172563 A1 – Komoda. Claim 20 of the reference application claims all elements of claims 12, 14, and 21 except for the sensor/target arrangement taught by Komoda (See 102 rejections of claims 12, 14, and 21 below). It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the system of the reference application with the sensor/target arrangement of Komoda. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of provide more precise feedback on position.
This is a provisional nonstatutory double patenting rejection.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Document CN 114885232 A – Zhu.
Regarding claim 1.
Zhu discloses a device (1, fig 5) for opening and closing a curtain on a rod or rail, comprising:
a driven wheel (1351, fig 6) coupled to a motor within a housing (10, fig 5) and protruding from the housing (10, fig 5) in frictional engagement with the rod or rail (See attached machine translation; As shown in FIG. 5 to FIG. 7, the embodiment of the intelligent curtain controller 1 of the invention 1. The intelligent curtain controller 1 comprises a main body 10 and a connecting device 20 assembled on the main body 10. The connecting device 20 can be connected with the curtain rod in a sliding manner.); and
a suspension assembly (20, fig 5) comprising a support member (21, fig 5) in sliding or rolling contact with the rod or rail (at 213, fig 6) and a linkage (22, fig 7) extending along a suspension axis (See fig 6) and connecting the support member to the housing to suspend the housing from the support member (See fig 5), wherein the driven wheel is rotated by the motor to advance the device along the rod or rail for opening and closing the curtain with the housing suspended from the support member (See claim 1).
Regarding claim 2.
Zhu discloses all limitations of claim 1.
Zhu further discloses the support member (21, fig 5) is at least one of a slide member in sliding contact with the rod or rail, a roller member (213, fig 6) in rolling contact with the rod or rail, or a V-shaped member with two frustrum portions (See attached machine translation; The connecting device 20 can be connected with the curtain rod in a sliding manner.).
Regarding claim 3.
Zhu discloses all limitations of claim 1.
Zhu further discloses the support member (21, fig 5) comprises at least one or more of a support arm (211, fig 6) with terminal members (213, fig 6) configured to roll or slide along outer channels of an I- rail (See fig 6) or a support arm with terminal members configured to roll or slide along an inner channel of a U-rail.
Regarding claim 4.
Zhu discloses all limitations of claim 1.
Zhu further discloses the linkage (22, fig 7) includes one or more springs (144, fig 7) that biases the housing to press the driven wheel against the rod or rail (See fig 6).
Regarding claim 5.
Zhu discloses all limitations of claim 4.
Zhu further discloses the linkage (22, fig 7) comprises a spring holder (141, fig 7) containing the one or more springs (144, fig 7) and connected to the housing (See figs 7 and 6), and an arm (222, fig 7) connected to the support member and detachably joined to the spring holder (See fig 7).
Regarding claim 6.
Zhu discloses all limitations of claim 4.
Zhu further discloses the linkage (22, fig 7) includes a locking mechanism (221, fig 7) with one or more detent positions (see spring attachment holes, fig 6) to arrest movement of the linkage relative to the housing along the suspension axis (See fig 6).
Regarding claim 7.
Zhu discloses all limitations of claim 6.
Zhu further discloses the suspension assembly (20, fig 5) is moveable (See ratcheting mechanism at 2211, fig 7) between a first assembly position (at which the topmost ratchet position is engaged) defined by the support member (21, fig 5) extended a first distance from the housing, and a second live position (as in figs 5 and 6) defined by the support member (21, fig 5) extend a second distance from the housing (See figs 5 and 6), the second distance less than the first distance (See figs 5 and 6), and wherein in the first assembly position the locking mechanism extends from the suspension assembly and engages with the housing to resist a force of the one or more springs (See fig 6), and in the live position the locking mechanism is positioned within the suspension assembly to allow the one or more springs to bias the housing to press the driven wheel against the rod or rail (See fig 6).
Regarding claim 8.
Zhu discloses all limitations of claim 1.
Zhu further discloses the suspension assembly (20, fig 5) is moveable (See ratcheting mechanism at 2211, fig 7) between a first assembly position (at which the topmost ratchet position is engaged) defined by the support member extended a first distance from the housing (at which the topmost ratchet position is engaged), and a second live position (as in figs 5 and 6) defined by the support member extended a second distance from the housing (see figs 5 and 6), the second distance less than the first distance (see figs 5 and 6).
Regarding claim 9.
Zhu discloses all limitations of claim 1.
Zhu further discloses the linkage (22, fig 7) comprises a first member (22, fig 7) extending from the support member to the housing along a first suspension axis at a first side of the driven wheel (1351, fig 7) and a second member (see opposite of 22, fig 7) extending from the support member to the housing along a second suspension axis at a second side of the driven wheel (See fig 7).
Claim(s) 12-15, 20, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PG Pub. US 2005/0172563 A1 – Komoda.
Regarding claim 12.
Komoda discloses a system (Examiner notes that the embodiment of fig 8 is relied upon. However, other figures may be referred to for illustration purposes.) for opening and closing (Compare figs 5 and 6) a curtain on a rod or rail (101, fig 10), comprising:
a driven wheel (109, fig 10) coupled to a motor (Paragraph [0059]; Accordingly, the output of the supersonic motor 107 is gradually increased, thus preventing the output transmitting members 129 from being rotated idly before the running member 102 is started.) within a housing (105, fig 8) and in frictional engagement with the rod or rail (as in fig 2), wherein the driven wheel is rotated by the motor to advance the system along the rod or rail for opening and closing the curtain (Paragraph [0059]; Accordingly, the output of the supersonic motor 107 is gradually increased, thus preventing the output transmitting members 129 from being rotated idly before the running member 102 is started. Also, noise production is suppressed when the running member 102 is started. FIG. 9 shows the speed of the running member 102 when moving toward the right end 101g, or the curtain spreading speed, and the speed of the running member 102 when moving toward the left end 101h, or curtain folding speed.);
a controller for the motor (Paragraph [0059]; When the running member 102 is moved from the stopped state toward the right end 101g or the left end 101h, the control means gradually changes the frequency of the high frequency voltage supplied to the supersonic motor 107);
an encoder operatively connected to the controller, wherein the encoder tracks rotational movement of the driven wheel (Paragraph [0058]; While the running member 102 moves from the right end 101g to the left end 101h, or from when the first end reaching signal is generated to when the second end reaching signal is generated, the sensor magnet 111 rotates with the rotor 122 of the rotary member 109. This produces pulse data in the Hall element 113 in correspondence with the rotation of the sensor magnet 111);
one or more sensor targets (101g and 101H, fig 8) disposed on the rod or rail (See fig 8); and
a sensor (115, fig 8) operatively connected to the controller and configured to generate a signal indicating presence of each of the one or more sensor targets disposed on the rod or rail when the sensor is located in proximity to or in contact with the respective sensor target during the advance of the system along the rod or rail (Paragraph [0064]; If the running member 102 reaches the right end 101g or the left end 101h of the curtain rail 101, the end reaching signal is generated by the contact between the end 101g, 101h and the corresponding switch 115.).
Regarding claim 13.
Komoda discloses all limitations of claim 12.
Komoda further discloses the encoder is a rotary encoder that generates output pulses based upon rotational movement of the driven wheel (Paragraph [0058]; While the running member 102 moves from the right end 101g to the left end 101h, or from when the first end reaching signal is generated to when the second end reaching signal is generated, the sensor magnet 111 rotates with the rotor 122 of the rotary member 109. This produces pulse data in the Hall element 113 in correspondence with the rotation of the sensor magnet 111).
Regarding claim 14.
Komoda discloses all limitations of claim 12.
Komoda further discloses the one or more sensor targets (101g and 101H, fig 8) comprise a first marker (101g, fig 8) and a second marker (101H, fig 8), wherein the controller is calibrated to store a first position of the first marker and a second position of the second marker, wherein the controller is configured to receive the signal indicating presence of each of the first marker and second marker and to identify a drift from the respective first position or second position during continuing operation of the system (Paragraph [0064]; If the running member 102 reaches the right end 101g or the left end 101h of the curtain rail 101, the end reaching signal is generated by the contact between the end 101g, 101h and the corresponding switch 115. When the initial setting means initially moves the running member 102 from the right end 101g to the left end 101h of the curtain rail 101, the rail length data is set for the controller 114, or the position acquiring means, in correspondence with the end reaching signals. Setting of the rail length data is thus relatively easy and highly accurate. Accordingly, the position acquiring means is allowed to acquire the position of the running member 102 on the curtain rail 101 with improved accuracy. This also enhances the accuracy of operation of the control means based on the acquired position of the running member 102.).
Regarding claim 15.
Komoda discloses all limitations of claim 14.
Komoda further discloses the controller is configured, in the event of identifying the drift from the respective first position or second position during continuing operation of the system, to recalibrate the respective first position or second position to compensate for the identified drift (Paragraph [0064]; If the running member 102 reaches the right end 101g or the left end 101h of the curtain rail 101, the end reaching signal is generated by the contact between the end 101g, 101h and the corresponding switch 115. When the initial setting means initially moves the running member 102 from the right end 101g to the left end 101h of the curtain rail 101, the rail length data is set for the controller 114, or the position acquiring means, in correspondence with the end reaching signals. Setting of the rail length data is thus relatively easy and highly accurate. Accordingly, the position acquiring means is allowed to acquire the position of the running member 102 on the curtain rail 101 with improved accuracy. This also enhances the accuracy of operation of the control means based on the acquired position of the running member 102.).
Regarding claim 20.
Komoda discloses all limitations of claim 14.
Komoda further discloses a suspension assembly including a support member (103, fig 8) in sliding or rolling contact with the rod or rail (101, fig 8) and a linkage (104a, fig 8) suspending the housing (105, fig 8) from the support member.
Regarding claim 21.
Komoda discloses all limitations of claim 14.
Komoda further discloses the controller receives a feedback from at least one of the motor or the encoder (Paragraph [0060]; When the running member 102 is moved, the controller 114 of the position acquiring means computes and acquires the position of the running member 102 on the curtain rail 101 based on the pulse data. That is, the controller 114 computes and acquires the position data of the running member 102 on the curtain rail 101 in correspondence with the pulse number.), and wherein the controller is further configured to use the feedback to determine each end of a maximum range of travel based on at least one of an increase in a current consumption of the motor, an increase in a torque generated, or a decrease in a speed at a given power level to determine the maximum range of travel along the rod or rail (Paragraph [0062]; Further, in determining when the running member 102 reaches the end vicinity positions 101i, 101j, the control means supplies the high frequency voltage to the supersonic motor 107 for a predetermined time. The frequency of the voltage supply is changed away from the first or second resonance frequency f101, f102 of the supersonic motor 107.).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chinese Document CN 111743373 A – Ren et al., hereinafter Ren.
Regarding claim 10.
Zhu discloses all limitations of claim 9.
Zhu Does not disclose the first member includes a first plurality of springs and the second member includes a second plurality of springs, wherein the first plurality of springs and the second plurality of springs bias the housing to press the driven wheel against the rod or rail.
However, Ren teaches the first member includes a first plurality of springs (Such as 31 in fig 6 and 26 in fig 10) and the second member includes a second plurality of springs (Such as 31 in fig 6 and 26 in fig 10), wherein the first plurality of springs and the second plurality of springs bias the housing (3, fig 5) to press the driven wheel (5, fig 5) against the rod or rail (8, fig 5).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the device of Zhu with the plurality of springs of Ren. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing for tuning of the force of pressure between the driven wheel and the rod or rail.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komoda.
Regarding claim 16.
Komoda discloses all limitations of claim 12.
Komoda further discloses the sensor is a contact sensor connected to an electrical circuit (Paragraph [0064] If the running member 102 reaches the right end 101g or the left end 101h of the curtain rail 101, the end reaching signal is generated by the contact between the end 101g, 101h and the corresponding switch 115.).
The applied embodiment of Komoda does not disclose each of the one or more sensor targets comprises a piece of electrically conductive material configured to cause a short circuit in the electrical circuit when the piece of electrically conductive material is in contact with the contact sensor.
However, another embodiment of Komoda teaches each of the one or more sensor targets (41, fig 5) comprises a piece of electrically conductive material (41a, fig 5) configured to cause a short circuit in the electrical circuit (complete the circuit) when the piece of electrically conductive material is in contact with the contact sensor (to charge the batteries).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the system of Komoda with the electrically conductive material of the alternate embodiment of Komoda. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of reducing the likelihood of false sensor activations.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komoda in view of Chinese document CN 104720531 A – Wei et al., hereinafter Wei.
Regarding claim 17.
Modified Komoda teaches all limitations of claim 16.
Modified Komoda does not teach the contact sensor comprises an electrically conductive material at a surface of the driven wheel.
However, Wei teaches the contact sensor (23, fig 4) comprises an electrically conductive material (electrode) at (a function word to indicate presence or occurrence in, on, or near. In this case, near – see fig 4) a surface of the driven wheel (21, fig 4).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the system of Komoda with the positioning of the electrically conductive material at a surface of the driven wheel as suggested by Wei. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of reducing the overall envelope of the trolley.
Regarding claim 18.
Modified Komoda teaches all limitations of claim 16.
Modified Komoda does not teach the contact sensor comprises electrically conductive probes that travel with the system (See fig and touch the rod or rail at all times during the advance of the system along the rod or rail.
However, Wei teaches the contact sensor (23, fig 4) comprises electrically conductive probes (at 23, fig 4) that travel with the system (as in fig 1) and touch the rod or rail at all times during the advance of the system along the rod or rail (Paragraph [0048] of machine translation; that the sliding electrode 23 always contacts the rail electrodes 31 are electrically connected.).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the system of Komoda with the probes and contact taught by Wei. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of improving sensor uptime.
Regarding claim 19.
Komoda discloses all limitations of claim 14.
Komoda does not disclose the sensor is a RFID sensor operatively connected to the controller, wherein each of the one or more sensor targets comprises an RFID tag.
However, Wei teaches the use of RFID technology (See paragraph [0057] of machine translation).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the system of Komoda with the sensor as a RFID sensor operatively connected to the controller, wherein each of the one or more sensor targets comprises an RFID tag, as suggested by Wei. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing non-contact sensor activation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN W HANES JR whose telephone number is (571)272-8840. The examiner can normally be reached M-F 8-5 EST.
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/J.W.H./ Examiner, Art Unit 3634
/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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