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
Applicant's with traverse of invention I in the reply filed on November 20, 2025 is acknowledged. The traversal is on the ground(s) that there would not be a series search burden. This is not found persuasive because the method can include limitations not required of the product. It is noted that rejoinder is possible upon the determination of an allowable claim.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-6, 9, 11, 12, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knudtzen (EP 2 738 343 A1).
Regarding claim 1, Knudtzen discloses a screening arrangement (1; Fig 2) for a window, said window comprising a frame with a top member, a bottom member and two mutually parallel side members, said screening arrangement comprising:
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a screening body (6) having two side edges (left and right), a top portion (connected to 4) and a bottom portion (connected to 7), two side rails (8; Fig 3), each defining a longitudinal direction, a width direction and a depth direction,
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a bottom element (7) connected to the bottom portion of the screening body and being configured to be longitudinally positionable in said longitudinal direction between a non- screening position (raised) of the screening body and a screening position (lowered) by means of electric drive means (710, electric motor; Fig 3) operably connecting the bottom element and the side rails,
the screening body (6) defining a screening plane in said screening position substantially parallel to a plane defined by the longitudinal direction and the width direction (extends between the rails),
said electric drive means (710) comprising operating means including first transmission means (712) including a cogwheel (Figs 5 and 8) at each longitudinal end portion of the bottom element (Fig 5) and second transmission means (810) including a rack arranged in each of the side rails (Fig 4), and
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a suspension assembly being provided at each end of the bottom element, each suspension assembly comprising an inner part (718) provided with said first transmission means (710), and an outer part (719), the inner part and the outer part being movable relative to each other to allow the cogwheel of the first transmission means to assume an engaged condition in which the cogwheel is in engagement (Fig 8) with the rack of the second transmission means and a disengaged condition (Fig 9) in which the cogwheel is disengaged from the rack (paragraph [0064]),
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wherein each suspension assembly is configured such that the cogwheel (712) of the first transmission means is allowed to perform a substantially part-circular movement (rotation via slot during movement of 718 relative to 719) about a centre of rotation located on said screening plane (direction of 711) during movement of the inner part relative (718) to the outer part (718) when moving from the engaged condition (Fig 8) to the disengaged condition (Fig 9) and vice versa (paragraph [0064]).
Regarding claim 2, Knudtzen discloses wherein the bottom portion of the screening body (6) is connected to the bottom element (7) at or near a top edge of a front of the bottom element, and wherein the centre of rotation is located at a distance from the top edge of the front of the bottom element as seen in the longitudinal direction (Fig 5).
Regarding claim 3, Knudtzen discloses wherein the inner part and the outer part of each suspension assembly comprise curved engagement means defining a radius of curvature allowing the cogwheel of the first transmission means to perform the substantially part-circular movement about the centre of rotation (annotated Fig 9).
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Regarding claim 4, Knudtzen discloses wherein the bottom element comprises a main portion (7) composed by a set of profiles (front, top, bottom, back walls) defining a cross- sectional shape of the bottom element, and two end portions surrounding respective longitudinal ends of the main portion of the bottom element (Figs 4 and 5).
Regarding claim 5, Knudtzen discloses wherein the inner part of each suspension assembly comprises a substantially planar base portion and a front portion which together match the cross-sectional shape of the main portion of the bottom element (Figs 4 and 5).
Regarding claim 6, Knudtzen disclose wherein the outer part of each suspension assembly comprises a base portion and a slide portion (720) interacting with a track in the associated side rail (Fig 5).
Regarding claim 9, Knudtzen discloses wherein each suspension assembly is biased (via spring) towards the engaged condition in which the inner part and the outer part overlap each other (paragraph [0066]).
Regarding claims 11 and 12, Knudtzen discloses wherein the inner part and the outer part of each suspension assembly are able to assume two distinct positions relative to each other in said disengaged condition and wherein one of said two distinct positions corresponds to a supply condition (electric connection) of the screening arrangement.
Regarding claim 17, Knudtzen discloses wherein each side edge of the screening body is guided in a track of the respective side rail (Figs 1 and 2), and wherein the screening plane substantially coincides with a plane spanned by the tracks.
Regarding claim 18, Knudtzen discloses wherein the screening arrangement comprises a top casing accommodating at least the top portion of the screening body and connected to an upper end of the side rail (Figs 1 and 2).
Regarding claim 19, Knudtzen discloses wherein the electric drive means comprise an electric motor (710)located in the bottom element or in the top casing, and wherein the operating means of the electric drive means accommodated in the bottom element comprise a rotatable shaft (711) connected with the first transmission means (Fig 3), the bottom element being configured to accommodate battery means (paragraph [0009]) and a printed circuit board (configured to).
Regarding claim 20, Knudtzen discloses the electric drive means is powered by solar panels and/or mains power (electrical outlet), supplemented by battery means.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 7, 8, 10, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Knudtzen, as applied in claim 3 above, in further view of Jorgensen (WO 02/068786).
Regarding claims 7, 8, 10, 13-15, Knudtzen fails to disclose wherein the curved engagement means of each suspension assembly are provided by at least one curved guide portion on the inner part, to interact with at least one corresponding protrusion on the outer part. However, Jorgensen teaches that it is known for an assembly to have at least one curved guide portion that interacts with a protrusion on another part (Fig 5C). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Knudtzen and provide at least one curved guide portion and at least one corresponding protrusion since such technique is known for guiding a rotating part, as taught by Jorgensen (Figs 5c and 5d). Further, it would have been obvious to duplicate the elements and provide two curved guide portions at a mutual distance from each other and at least two protrusions since it involves a mere duplication of the known parts and such modification would not lead to any new or unexpected results. As modified, Jorgensen teaches wherein the at least one corresponding protrusion comprises a head (60) configured to slide on a face (62) of the inner part facing away from the outer part during the movement of the inner part relative to the outer part and such elements would be provided in Knudtzen, as modified above and wherein the at least one curved guide portion includes one or more curved guide portion or portions which form(s) part of a track of the inner part, wherein each track accommodating a protrusion with a head comprises an enlarged section configured to accommodate the head of the respective protrusion of the outer part in a distinct position corresponding to the supply condition of the screening arrangement, wherein the inner part comprises at least one receiving portion configured to receive a respective protrusion in the distinct position corresponding to the supply condition of the screening arrangement and wherein a lock protrusion is provided on the outer part, configured to be brought into abutment with an abutment portion of the inner part in the distinct position corresponding to the supply condition of the screening arrangement.
Conclusion
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634