DETAILED ACTION
The following Non-Final Office Action is in response to the response to restriction filed 12/22/2025.
Status of the claims: Claims 1-8, 12-15 and 20 are hereby examined below.
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
Claims 9-11 and 16-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 12/22/2025.
Applicant states that claims 1-8, 12-18 and 20 are elected, however, claims 16-18 depend from claim 9 which is not drawn to an elected species. As such, claims 16-19 are non-elected and are withdrawn.
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 3-9 and 13-18 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 3 states that the stopper is elastically supported “at an ascending/descending trajectory of the slider”. This language is somewhat confusing and unclear. Examiner does not know what it means to be supported at a trajectory.
Claim 6 appears to positively recite “the vehicle door”, while claim 1 only appear to be functionally reciting the vehicle door. Examiner does not know if the door is intended to be positively recited.
Claim 13 recites “move away from an ascending/descending trajectory”. It is unclear exactly what is meant by this and what it requires.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
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 1-5, 12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin US 2012/0205058.
In regard to claim 1, with reference to Figures 2-7, Lin ‘058 disclose a manually deployable vehicle door curtain assembly, the assembly comprising: a curtain (23, Fig. 2) capable of being retracted into a vehicle door and deployed to cover a door window glass; a rod (32, Fig. 2) configured to be mounted on the vehicle door and to be simultaneously movable with the curtain to support the curtain (23); a slider (322, Fig. 2) slidably coupled with the rod (32) and movable up and down together with the rod33; and a support member (4, Fig. 3) configured to allow or prevent descending movement of the slider.
In regard to claim 2, Lin ‘058 discloses wherein: in a deployed state (up, Fig. 2) of the curtain (23), the support member (4) is positioned at an initial position to support a bottom surface (323, Fig. 3) of the slider (322) so that the curtain (23) remains in the deployed state; and in a state in which the support member (4) is moved away from the initial position (when the cloth is pushed down, paragraph [0026]) , the slider (322) is movable so as to retract the curtain into an interior of the vehicle door.
As best understood, in regard to claim 3, Lin ‘058 discloses, wherein the support member (4) comprises a stopper (42,44 Fig. 3) mounted to be elastically supported (via 45, Fig. 3) at an ascending/descending trajectory (vertically up and down) of the slider (322) on the rod (32).
In regard to claim 4, Lin ‘058 discloses wherein the stopper (42,44) comprises: an inclined surface (right side of 44) configured to come into contact with the slider (322) during an ascending movement of the slider; and a stop surface (shown below) extending from an upper end of the inclined surface in a direction perpendicular to the ascending/descending trajectory of the slider.
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In regard to claim 5, Lin ‘058 discloses wherein the stopper (42,44) comprises, on the opposite side of the inclined surface (shown above), an engaging protrusion (shown above) extending from the stop surface.
In regard to claim 12, Lin ‘059 discloses a shade bar(24, Fig. 2) mounted on an upper portion of the curtain (23) along a longitudinal direction of the vehicle door, the shade bar being coupled to an upper end portion of the rod (32) and movable together with the rod.
In regard to claim 20, Lin ‘059 disclose a door (paragraph [0018]) of a vehicle, the door comprising: a door glass (side window, paragraph [0005]) for light-admission and ventilation; and a door curtain assembly comprising: a curtain (23, Fig. 2) retractable into the door and deployable to cover the door glass; a rod (32, Fig. 2) mounted on the door and simultaneously movable with the curtain to support the curtain; a slider (322, Fig. 2) slidably coupled with the rod (32) and movable up and down together with the rod; and a support member (4, Fig 2) configured to allow or prevent descending movement of the slider.
As best understood, claim 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin US 2012/0186759
In regard to claim 13, with reference to Figures 1-6, Lin ‘759 discloses a manually deployable vehicle door curtain assembly, the assembly comprising: a curtain (23, Fig. 2) capable of being retracted into a vehicle door and deployed to cover a door window glass, the vehicle door comprising an actuating lever (44, Fig 6) operable by descending of the door window glass (5, Fig. 6); a rod (32, Fig. 2) configured to be mounted on the vehicle door and to be simultaneously movable with the curtain (23) to support the curtain; a slider (41, Fig. 3) slidably coupled with the rod (32) and movable up and down together with the rod; and a stopper (42) configured to allow or prevent descending movement of the slider, wherein in a state in which the actuating lever (44) is operated by the descending of the door window glass (5), the stopper (42) is configured to move away (inwards) from an ascending/descending trajectory of the slider.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lin US 2012/0205058.
In regard to claim 6, Lin ‘058 discloses wherein the stopper (42,44) is rotatably mounted (at 43, Fig. 3) on the vehicle door (door stated in paragraph [0018]) and is elastically supported toward the ascending/descending trajectory of the slider by a spring (45). Lin ‘058 fails to specifically disclose that the spring is a torsion spring. However, the Examiner takes Official Notice that it is old and well known to use a torsion spring as an alternative to a compression spring for the purpose of having a compact design and enhanced durability.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lin US 2012/0205058 in view of DE20112948.
In regard to claim 7, Lin ‘058 fails to disclose a button on one side of the vehicle door, wherein the button is configured to operate the stopper, and wherein in a state in which the button is operated, the stopper is configured to move away from the ascending/descending trajectory of the slider.
With reference to Figures 2-4 DE ‘948 discloses a button (8, Fig 2) on one side of the vehicle door, wherein the button (8) is configured to operate the stopper (11, Figs 3-4) , and wherein in a state in which the button is operated, the stopper is configured to move away (Fig. 4) from the ascending/descending trajectory of the slide (12)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Lin ‘058 to include a button configured to operate the stopper as taught by DE ‘948 for the purpose of providing the user and easy means to unlock the device to allow movement.
In regard to claim 8, Lin ‘058 as modified by DE ‘948 disclose wherein the button (8, DE ‘948) is connected to the stopper (42, 44 Lin ‘058) by a first cable (9, DE ‘948), and in the state in which the button is operated, the first cable is configured to be pulled to move the stopper away from the ascending/descending trajectory of the slider (as taught by DE ‘948).
Claims 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Lin US 2012/0186759 in view of Lin US 2011/0272105 and DE20112948.
In regard to claim 14, Lin ‘759 discloses the stopper (42) is configured to move away from the ascending/descending trajectory of the slider (41) upon the window (5) contacting the actuating lever (44).
Lin ‘759 fails to disclose wherein the actuating lever is configured to be rotatably mounted on the vehicle door so that a first side of the actuating lever is rotatable by a lower end of the door window glass upon the descending of the door window glass and a second side of the actuating lever is connected with the stopper by a second cable such that the stopper is configured to move away from the ascending/descending trajectory of the slider upon rotation of the actuating lever.
With reference to Figure 3, Lin ‘105 discloses the actuating lever (26) is configured to be rotatably mounted on the vehicle door so that a first side of the actuating lever is rotatable by a lower end of the door window glass (3) upon the descending of the door window glass and a second side of the actuating lever is connected with the stopper (24).
DE ‘948 discloses that the actuating lever (8) is connected with the stopper (11) by a cable (9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Lin ‘759 to make the actuating lever be rotatable as taught by Lin ‘105 as such is shown to provide a known mechanism for allowing the window to push the device inward for operation while letting the window travel down.
It further would have been obvious to one having ordinary skill in the art to connect the lever to the stopper with a cable of taught by DE ‘948 as a flexible cable would allow for flexibility in packaging the device within a doorframe.
In regard to claim 15, Lin ‘759 fails to disclose a roller mounted on one side of the actuating lever. With reference to Figure 2, Lin ‘105 discloses a roller (263) mounted to the lever (261). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Lin ‘759 to include a roller mounted to the lever as taught by Lin ‘105 as such is shown to provide a known mechanism for allowing the window to push the device inward for operation while letting the window travel down.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JEREMY C RAMSEY/ Examiner, Art Unit 3634