DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 11/3/2023.
Status of the claims: Claims 1-22 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
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-22, drawn to a curtain assembly, classified in A47H13/00.
II. Claims 23-30 , drawn to a method of using a curtain assembly, classified in A47H99/00.
Inventions I and II are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case the end cap of the method could be closed in a different manner than the portion of the end cap being configured to transition between an open and closed position, such as another element not connected to the end cap being transitioned to close the end cap.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions have acquired a separate status in the art in view of their different classification.
The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries such as “end cap closure mechanism”).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with David Fitzgerald on 10/22/2025 a provisional election was made without traverse to prosecute the invention of group I, claims 1-22. Affirmation of this election must be made by applicant in replying to this Office action. Claims 23-30 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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.
Claim 20 is 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 20 recites “the at least one hook of the plurality of hooks is configured to change a material property when laundered and/or heated such that a pull force required to pull the at least one hook through a curtain track opening increases”. It is unclear exactly what material property is changed and how this affects a pull force.
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 1,9-12,14-18,20 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fridolph US RE23209.
In regard to claim 1, Fridolph ‘209 discloses a curtain assembly comprising:
A curtain track (19) including a cavity extending along a length of the curtain track, the curtain track configured to be secured to a ceiling or a wall.
A curtain (20) suspended from the curtain track, the curtain defined by a first lateral edge (right edge), a second lateral edge (left edge), a top edge, and a bottom edge.
A plurality of hooks (16) suspending the curtain from the curtain track, at least one hook of the plurality of hooks having a first end (bottom) and a second end (top) opposite the first end, the first end (bottom) operatively connected to the curtain adjacent the top edge of the curtain (20), the second end (top) configured to be housed within the cavity of the curtain track (19) to slidably secure the curtain to the curtain track.
A monolithic end cap (39) located adjacent to and surrounding an exterior portion of an end of the curtain track , a portion of the end cap (39) configured to selectively transition between an open position (off the track) and a closed position (on the track), wherein in the closed position, the portion of the end cap is configured to restrict the at least one hook of the plurality of hooks from entering or exiting the cavity via the end of the curtain track.
In regard to claim 9, Fridolph ‘209 disclose:
The at least one hook (16) of the plurality of hooks comprising: a hook head at the second end (top) of the at least one hook, the hook head including a top layer and a bottom layer, the top layer and the bottom layer secured together to form the hook head; and a hook body (21) extending away from the hook head, the hook body terminating in the first end (bottom) of the at least one hook.
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In regard to claims 10-11, Fridolph ‘203 discloses:
Wherein the top layer and the bottom layer (shown above) of the hook head are secured together to form a substantially Y-shaped/T-shaped hook head, the substantially Y-shaped hook head configured to avoid catching on a fastener extending into the cavity of the curtain track.
In regard to claim 12, Fridolph ‘203 discloses:
Wherein the hook head includes a reinforcement layer (22) located between the top layer and the bottom layer of the hook head, the reinforcement layer secured to the top layer of the hook head, the reinforcement layer configured to add additional rigidity to the hook head.
In regard to claim 14, Fridolph ‘209 discloses:
Wherein the at least one hook (16) of the plurality of hooks is fixed to the curtain so as not to be readily removeable from the curtain, and wherein the at least one hook of the plurality of hooks is configured to be laundered with the curtain. (column 2, lines 29-36)
In regard to claim 15, Fridolph ‘209 discloses:
Wherein the curtain (20) includes a first face (front) and a second face (back), the second face(back) located diametrically opposite the first face (front), and wherein the at least one hook (16)of the plurality of hooks is operatively connected to at least one of the first face of the curtain or the second face of the curtain.
In regard to claim 16, Fridolph ‘209 discloses:
Wherein the at least one hook (16) of the plurality of hooks is operatively connected to both of the first face (front) of the curtain and the second face (back) of the curtain.
In regard to claim 17, Fridolph ‘209 discloses:
Wherein the at least one hook (16)of the plurality of hooks is constructed of a textile material. (column 6, lines 21-24 state cloth tape)
In regard to claim 18, Fridolph ‘209 discloses:
Wherein the at least one hook (16) of the plurality of hooks is constructed so as to form a single contiguous piece of textile material.
As best understood, in regard to claim 20, Fridolph ‘209 discloses:
Wherein the at least one hook (16)of the plurality of hooks is configured to change a material property when laundered and/or heated such that a pull force required to pull the at least one hook through a curtain track opening increases. (laundering/heating will change properties of cloth over time)
In regard to claim 22, Fridolph ‘209 discloses:
A curtain track (19) including a cavity extending along a length of the curtain track, the curtain track configured to be secured to a ceiling or a wall.
A curtain (20) suspended from the curtain track, the curtain defined by a first lateral edge (right), a second lateral edge (left), a top edge, and a bottom edge.
A plurality of hooks (16) suspending the curtain(20) from the curtain track (19), at least one hook of the plurality of hooks having a first end (bottom) and a second end (top) opposite the first end, the first end operatively connected to the curtain (20) adjacent the top edge of the curtain, the second end configured to be housed within the cavity of the curtain track (19) to slidably secure the curtain to the curtain track.
The at least one hook (16) configured to be laundered with the curtain.
An end cap (39) located adjacent to and surrounding an exterior portion of an end of the curtain track (19), a portion of the end cap configured to selectively transition between an open position (off the track) and a closed position (on the track).
Wherein in the closed position, the portion of the end cap is configured to restrict the at least one hook (16) of the plurality of hooks from entering or exiting the cavity via the end of the curtain track.
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 2 and 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Fridolph US RE23209 in view of Colson et al WO2006101771.
In regard to claim 2, Fridolph ‘209 disclose:
The end cap (39, Fridolph) comprising: an end cap body including an end wall, a first side wall, and a second side wall, the first side wall and the second side wall connected to and extending from the end wall, the end cap body defining an inner periphery configured to face towards the curtain track and an outer periphery configured to face away from the curtain track. (shown below)
The inner periphery of the end cap body arranged in a confronting relationship with the exterior of the curtain track (38). (shown below)
A flange connected to the end wall of the end cap body. (shown below)
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KR ‘654 as modified by Fridolph ‘209 fails to disclose:
The flange connected to the end wall by a living hinge, the flange configured to selectively transition between the open position and the closed position, in the closed position the flange configured to restrict the at least one hook of the plurality of hooks from entering or exiting the cavity via the end of the curtain track.
Colson ‘771 disclose:
The flange (168) connected to the end wall by a living hinge (166), the flange configured to selectively transition between the open position and the closed position, in the closed position the flange configured to restrict the at least one hook of the plurality of hooks from entering or exiting the cavity via the end of the curtain track.
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 KR ‘654/Fridolph ‘209 to include a living hinge between the flange and end wall as taught by Colson ‘771 to allow the flange to be moved without having to removed the end cap completely. (page 18, lines 12-19)
In regard to claim 4, Fridolph ‘209 disclose:
Wherein in the closed position the flange (shown above) is substantially parallel to an end face of the curtain track.
In regard to claim 5, Fridolph ‘209 disclose:
Wherein the first side wall (shown above) of the end cap overlaps the exterior of the curtain track for a majority of a length and a width of the first side wall, and wherein the second side wall (shown above) of the end cap overlaps the exterior of the curtain track for a majority of a length and a width of the second side wall.
In regard to claim 6, Fridolph ‘209/Colson ‘771 disclose:
Wherein the end wall (shown above) of the end cap body extends an end wall width between the first wall (shown above) and the second wall (shown above).
Wherein the flange (shown above)extends a flange width between a first lateral edge of the flange and a second lateral edge of the flange.
Wherein a width of the living hinge (as modified by Colson ‘771) is substantially coextensive with the end wall width and the flange width.
In regard to claim 7, Fridolph ‘209 disclose:
Wherein the end cap (39, Fridolph) is releasably secured to the curtain track (19) by a transition and/or interference fit between the end cap (39) and the curtain track.
In regard to claim 8, Fridolph ‘209 fail to disclose:
Wherein the end wall of the end cap further comprises an aperture, and wherein a mechanical fastener passes through both the curtain track and the aperture of the end wall of the end cap to releasably secure the end cap to the curtain track.
However, the examiner takes Official Notice that it is old and well known to use a fastener through a hole to releasably secure two elements together, and one having ordinary skill in the art would have known to use such for the purpose of holding the device together.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fridolph US RE23209 and Colson et al WO2006101771 as applied to claim 2 and further in view of Marocco 5,265,837.
In regard to claim 3, Fridolph ‘209 fails to disclose:
Wherein the first wall of the end cap body includes a lip portion at an end of the first wall, wherein the second wall of the end cap body includes a lip portion at an end of the second wall, wherein the flange includes a first catch feature and a second catch feature, the first catch feature and the second catch feature located on opposing lateral edges of the flange adjacent the living hinge, and wherein in the closed position the lip portion of the first wall interfaces with the first catch feature of the flange and the lip portion of the second wall interface with the second catch feature of the flange to selectively restrict the at least one hook of the plurality of hooks from entering or exiting the cavity via the end of the curtain track.
Marocco ‘837 discloses:
Wherein the first wall (46)of the end cap body includes a lip portion (58, top) at an end of the first wall.
Wherein the second wall (48) of the end cap body includes a lip portion (58, bottom) at an end of the second wall.
Wherein the flange (50) includes a first catch feature (56, top) and a second catch feature (56, bottom).
The first catch feature (56, top) and the second catch feature (56, bottom) located on opposing lateral edges of the flange (50) adjacent the hinge (54).
Wherein in the closed position the lip portion of the first wall (46) interfaces with the first catch feature (56, top) of the flange and the lip portion of the second wall (48) interface with the second catch feature (56, bottom) of the flange to selectively restrict the at least one hook of the plurality of hooks from entering or exiting the cavity via the end of the curtain track.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the device of Fridolph ‘209/Colson ‘771 to include the lip portion and catch features as taught by Marocco ‘837 in order to provide a means to secure the flange in place when not moving.
Claims 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fridolph US RE23209.
In regard to claim 13, Fridolph ‘209 discloses:
Wherein the top layer and the bottom layer of the hook (16) head are secured together by fastening (via 22)
Fridolph ‘209 fails to disclose:
Wherein the top layer and the bottom layer of the hook head are secured together by fastening selected from the group consisting of: stitching, thermal welding, ultrasonic welding, and adhesive.
However, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985
One having ordinary skill in the art would know that stitching welding or adhesive could be used based on a desired bonding strength.
In regard to claim 19, Fridolph ‘209 fails to disclose:
Wherein the textile material is selected from the group consisting of: nylon, polyester, cotton, and polypropylene.
However, 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 use nylon, polyester, cotton or polypropylene based on a desired look, durability or light transmission.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Fridolph US RE23209 in view of Goodner et al US 2009/0032205.
In regard to claim 21, Fridolph ‘209 discloses:
Wherein the curtain (20) includes a first face (front) and a second face (back), the second face located diametrically opposite the first face.
Fridolph ‘209 fails to disclose:
Wherein the curtain includes curtain fasteners located adjacent the first lateral edge and located adjacent the second lateral edge of the curtain, wherein the curtain fasteners located adjacent the first lateral edge are on the second face of the curtain, and wherein the curtain fasteners located adjacent the second lateral edge are on the first face of the curtain, the curtain fasteners configured to selectively secure the curtain to a neighboring curtain.
Goodner et al ‘205 disclose:
Wherein the curtain includes a curtain fastener (161) located adjacent the first lateral edge and a curtain fastener (162) located adjacent the second lateral edge of the curtain, wherein the curtain fasteners located adjacent the first lateral edge are on the first face of the curtain, and wherein the curtain fasteners located adjacent the second lateral edge are on the first face of the curtain, the curtain fasteners configured to selectively secure the curtain to a neighboring curtain.
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 Fridolph ‘209 to include the curtain fasteners adjacent the first and second lateral edges as taught by Goodner et al ‘205 in order to allow multiple curtains to be connected to each other. It would have been obvious to one having ordinary skill in the art to use multiple fasteners instead of a single continuous fastener for the purpose of reducing cost, and it would have been obvious that fasteners could be located on either the first or second face depending on how the user wants the overlap of curtains to look. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ
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 JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634