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
Applicant’s election without traverse of group 1 specie 1 claims 1-7 in the reply filed on 2/26/2026 is acknowledged.
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/26/2026.
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, 4 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Inamura et al (3989084).
Inamura et al figures 1-3, shows a movable thermal shroud(able to function as thermal cover), comprising: a mounting body comprising a framed opening having an area defined between a height and a length; a plurality of slats(4), each having a first end and a second end opposite the first end, wherein the plurality of slats are movably mounted to the mounting body at the first end and at the second end and are movable relative to the mounting body between a closed configuration and an open configuration, wherein the plurality of slats are mounted to the mounting body in a stacked configuration along the height of the framed opening(figure 1, from 1 to 2 direction), and wherein each of the plurality of slats extend across the length of the framed opening; and an operation mechanism(2), wherein the operation mechanism is configured to position the plurality of slats in the closed configuration or in the open configuration (column 3, lines 37-53).
Per claim 4, Inamura et al shows the operation mechanism is mechanically
Operated (by part 2).
Claim(s) 1, 3 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Erber (WO94/02705).
Erber shows a movable thermal shroud(able to function as thermal cover), comprising: a mounting body(shutter system) comprising a framed opening having an area defined between a height and a length; a plurality of slats(2’, figure 31), each having a first end and a second end opposite the first end, wherein the plurality of slats are movably mounted to the mounting body at the first end and at the second end and are movable relative to the mounting body between a closed configuration and an open configuration, wherein the plurality of slats are mounted to the mounting body in a stacked configuration along the height of the framed opening, and wherein each of the plurality of slats extend across the length of the framed opening; and an operation mechanism(42), wherein the operation mechanism is configured to position the plurality of slats in the closed configuration or in the open configuration, wherein the operation mechanism is manually operated(by part 42).
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) 2 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Inamura et al (3989084).
Inamura et al shows all the claimed limitations except for when the plurality of slats are in the open configuration, at least 80% of the area of the framed opening is open.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Inamura et al’s shutter system to show when the plurality of slats are in the open configuration, at least 80% of the area of the framed opening is open since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it has been held that by discovering an optimum value of a result, the effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05; one having ordinary skill in the art thus would have found it obvious to open the shutter system as wide as needed in order to provide needed viewing access to either the inner and outer sides of the shutter system.
Claim(s) 5-6 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Inamura et al (3989084) in view of Cavarec (EP3190256).
Inamura et al shows all the claimed limitations except for the movable thermal shroud encloses an inner equipment system, and at least one sensor is positioned on an outer surface of the inner equipment system.
Cavarec discloses the use of a control unit (13) having sensors that can be configured to determine temperature, brightness, wind speed to activate the shutter to protect the interior of the building with a shutter (3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Inamura et al’s shutter system to include an inner equipment system, and at least one sensor is positioned on an outer surface of the inner equipment system with a reasonable expectation success since having a sensor would enable the precise timing protection of the interior equipment system when needed per the changes in adjacent environment.
Per claim 6, Inamura as modified further shows the at least one sensor is selected from the group consisting of a temperature sensor, a humidity sensor, a pressure sensor, and a toxic gas detector.
Claim(s) 7 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Inamura et al (3989084) in view of McGregor (WO96/34170).
Inamura et al shows all the claimed limitations including the mounting body comprises a first side and a second side defining the framed opening; each of the plurality of slats are movably connected with the first end to the first side of the
mounting body and the second end to the second side of the mounting body.
Inamura et al does not show the operation mechanism comprises a line connected to each of the plurality of slats and a pully.
McGregor figures 9-10, shows an operation mechanism that comprises a line(310) connected to each of the plurality of slats and a pully(360, 351, 352, 326 or 324).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Inamura et al’s shutter system to include the operation mechanism comprises a line connected to each of the plurality of slats and a pully as taught by McGregor with a reasonable expectation success in order to allow for easy and precise opening and closing of the shutter system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different shuttering systems.
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/PHI D A/Primary Examiner, Art Unit 3633