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 election with traverse of Species IV in the reply filed on 3/23/26 is acknowledged. The traversal is on the ground(s) that there is not a serious search and/or examination burden in examining all of the disclosed species in the same application, but this argument is not found persuasive. Applicant’s argument that at least claim 1 is generic is persuasive. However, the presence of a generic claim does not negate or eliminate the search and examination burden established by the election requirement. If a generic claim is determined to be allowable, then any claim that can properly depend from said allowable generic claim may be eligible for rejoinder, and the election requirement may be withdrawn at such time. In the reply filed 3/23/26, Applicant asserts that Species I to IV are patentably distinct species. A search burden is presented in the requirement to search for all of the distinct features and/or configurations of the respective distinct species. Furthermore, an examination burden is presented in the requirement for additional consideration of diverging claims, including amendments and arguments directed to different aspects of the distinct species. Absent an assertion that the species are not patentably distinct, which would thereby render each species obvious in view of each other, the election requirement among Species I-IV is proper. Examiner also notes that the phrase “groupings of patentably indistinct species” refers to sets of embodiments that may be combined into one species, and does not include a typographical error.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3, 4, 6, and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/23/26.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “electric drive means” in claims 1, 13, 20, and 21; and “operating means” in claims 20 and 21. Each of the other limitations the term “means” (including “means for fastening” in claim 9, “fastening means” in claim 19, and “operating means” in claim 13) is not accompanied by sufficient structure, and is therefore interpreted under 35 U.S.C. 112(f).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1, 2, 5, 7, and 9-21 are rejected under 35 U.S.C. 103 as being unpatentable over Thomsen (EP 3091168) in view of Pereira (U.S. Patent Application Publication No. 2019/0277086) and Vande Haar (U.S. Patent Application Publication No. 2021/0238919).
Regarding claim 1, Thomsen discloses a screening arrangement (1) for a window (2), said window comprising a frame (27) with a top member, a bottom member and two mutually parallel side members (the top and bottom members are shown in Figure 8; side members are understood to be provided in positions corresponding to the guide means 5 of the screening arrangement), said screening arrangement comprising:
a screening body (10) having two side edges (side edges shown in Figure 2) a top portion and a bottom portion (upper and lower ends of the screening body 10, shown in at least Figure 7) and configured to assume a rolled-up condition, a folded-up condition or a collapsed condition in a non-screening position (non-screening position shown in Figure 6, wherein the screening body 10 is in a folded-up or collapsed condition),
a top casing (upper casing shown in at least Figure 7) accommodating at least the top portion of the screening body [FIG. 7], said top casing comprising:
a front rail,
a top cover portion, and
a back cover portion [FIG. 7] (see annotated drawing below),
the front rail defining a first direction corresponding to a width direction of the screening arrangement (width direction defined by the longitudinal axis of the front rail as shown in Figure 2), the first direction being perpendicular to a second direction corresponding to a longitudinal direction (vertical direction as shown in Figure 7), the first direction and second direction being perpendicular to a third direction corresponding to a depth direction (horizontal direction as shown in Figure 7),
a bottom element (4) connected to the bottom portion of the screening body [FIG. 2] and being configured to be longitudinally positionable in said longitudinal direction by means of electric drive means (motor 6; paragraph 0091), between the non-screening position of the screening body and a screening position, in which the screening body has been deployed (screening/deployed position depicted in Figure 1), the bottom element comprising
a front,
an upwards facing surface, and
a back portion [FIG. 7] (see annotated drawing below),
the bottom element comprises a receiving space for receiving a part of the rolled-up, folded-up or collapsed screening body in the non-screening position (the upward facing surface of the bottom element connects to the screening body, and thereby defines a “receiving space” given a broadest reasonable interpretation), said receiving space being delimited in the longitudinal direction by a first plane substantially parallel with a plane spanned by the width direction and the depth direction (first plane defined by the upward facing surface as shown in the annotated drawing below),
the first plane is defined by a lowest point on the upwards facing surface [FIG. 7],
at least the top portion of the screening body is located to an exterior side of and above a bottom edge of the front rail of the top casing (Figure 7 shows the top portion of the screening body 10 extending above the bottom edge of the front rail and into an interior space of the top casing) such that a majority of the rolled-up, folded-up or collapsed screening body is accommodated in said receiving space and the top casing in the non-screening position (as shown in Figure 7, the screening body is accommodated between the space immediately above the upward facing surface that defines the receiving space, and the interior space of the top casing).
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Thomsen does not disclose that the back portion is configured to accommodate one or more solar panels, a top edge of the back portion that is higher than the upwards facing surface, or a second plane defining the receiving space.
Nonetheless, Pereira discloses a screening arrangement comprising a bottom element (18) comprising a back portion configured to accommodate one or more solar panels (22) [FIG. 5] on an exterior side, facing an exterior in a mounted condition of the screening arrangement (paragraphs 0032, 0035).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom element of Thomsen to include the solar panel taught by Pereira, in order to provide renewable means for charging a battery of the arrangement, so as to allow for extended use without requiring manual charging or replacement of the battery.
Furthermore, Vande Haar discloses a screening arrangement comprising a bottom element (40; it is noted that in the upper screen assembly 40B the element 40 is provided at the bottom of the screen to connect to the sash 16 as described in paragraph 0078; references are made with respect to the element 40 as it is shown in the drawings, but the element 40 on the upper assembly 40B is disclosed as being the same as the element 40 on the lower assembly 40A in a reverse orientation), wherein a top edge of the back portion of the bottom element is located at a higher level than the upwards facing surface [FIG. 6] (see annotated drawing below), and a second plane parallel with the first plane and located at a higher level than the first plane, and the second plane is defined by a top edge of the front or a top edge of the back portion of the bottom element, whichever is located at the highest level as seen in the longitudinal direction [FIG. 6] (see annotated drawing below).
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Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom element of Thomsen to have the configuration taught by Vande Haar, in order to provide means for enclosing the screening element in the withdrawn position, so as to hide it from view for aesthetic reasons, or to protect the screening element from debris or other damage.
Regarding claims 2 and 5, Thomsen discloses the bottom element and the front rail, but does not disclose that the top edge of the front of the bottom element is located at a higher level than the top edge of the back portion, or at substantially the same level as the bottom edge of the front rail.
Nonetheless, Vande Haar discloses that the top edge of the front of the bottom element is located at a higher level than the top edge of the back portion (as shown in the annotated drawing above, the top edge of the front is at a higher level than the top edge of the back portion, given a reverse orientation that is provided on the upper screen assembly 40B; reference is made to the arrangement shown in Figure 6 to best identify the parts corresponding to the claimed parts); or, wherein the top edge of the front of the bottom element is located at substantially the same level as the bottom edge of the front rail of the top casing in the non-screening position [FIGS. 4, 20]. As set forth with respect to claim 1 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the screening arrangement of Thomsen to have the bottom element configuration taught by Vande Haar, in order to hide the screening arrangement from view and to provide better protection for the screening arrangement in the withdrawn position.
Regarding claim 7, Thomsen discloses that the bottom element comprises a main portion composed by a set of profiles defining a cross-sectional shape of the bottom element (outer walls of the housing of the bottom element 4 define profiles and are shown in at least Figures 1 and 7), and two end portions located at respective longitudinal ends of the main portion of the bottom element (outer portions are provided in the bottom element at opposite distal ends of the housing, shown in Figures 1 and 2 as the parts provided adjacent to the guide means 5).
Regarding claim 9, Thomsen discloses that the set of profiles includes a first profile which comprises the front of the bottom element and a second profile which comprises the back portion [FIG. 7] (see annotated drawing above), and a third profile which comprises the upwards facing surface of the bottom element and is provided with means for fastening the bottom portion of the screening body (the upward facing surface and the fastener attaching the screening body 10 to the bottom element 4 are each shown in Figure 7).
Regarding claim 10, Thomsen discloses that the first profile has a length exceeding the length of the second profile such that a space is provided at each longitudinal end of the main portion to accommodate parts of the two end portions to an exterior side of the front comprised in the first profile, as seen in the depth direction (as shown in at least Figure 1, the end portions include parts defined by gears 7 that are accommodated by different lengths of the profile parts to allow for engagement with the guide means 5).
Regarding claims 11 and 12, Thomsen discloses the exterior side of the back portion of the bottom element [FIG. 7], but does not disclose solar panels.
Nonetheless, Pereira discloses a bottom bar having one or more solar panels (22) with a height substantially corresponding to a height of an exterior side of the back portion of the bottom element [FIG. 1], wherein an exterior side of the back portion of the bottom element is configured to receive two or more solar panels (paragraph 0032: additional solar panels 22 may be includes on the bottom rail 18). As set forth with respect to claim 1 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom bar of Thomsen to include one or more solar panels, as taught by Pereira, in order to provide renewable means for supplying power to the assembly.
Regarding claim 13, Thomsen discloses that the bottom element comprises an operating space [FIGS. 2, 7] to accommodate operating means of the electric drive means (6).
Regarding claim 14, Thomsen discloses that the operating space is located below said receiving space, separated by the upwards facing surface of the bottom element [FIG. 7].
Regarding claim 15, Thomsen discloses that the screening arrangement further comprises two side rails (5) configured to be connected to the top casing [FIG. 1] and to be connected to the side members of the frame so as to extend in the longitudinal direction in the mounted condition of the screening arrangement (extension in the longitudinal direction is shown in Figure 1, and connection of the side rails to the frame is shown in Figure 8 and described in paragraph 0087).
Regarding claim 16, Thomsen discloses the bottom element, but does not disclose that it has a substantially U-shaped or L-shaped configuration.
Nonetheless, Vande Haar discloses a bottom element having a substantially U-shaped configuration [FIG. 6]. As set forth with respect to claim 1 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the screening arrangement of Thomsen to have the bottom element configuration taught by Vande Haar, in order to hide the screening arrangement from view and to provide better protection for the screening arrangement in the withdrawn position.
Regarding claims 17-19, Thomsen discloses that the top casing is composed by a set of profiles defining a cross-sectional shape of the top casing [FIG. 7], and wherein two end pieces are connected to respective longitudinal ends of the top casing [FIG. 2]; wherein the set of profiles includes a first profile which comprises the front rail, the top cover portion and the back cover portion [FIG. 7] (see annotated drawing above), and a second profile which comprises an additional back element (as shown in Figure 7, an additional back element is provided below the back element of the first profile); and a second profile which comprises fastening means for the top portion of the screening body (as shown in Figure 7, fastening means are provided within the top casing to attach the top of the screening body).
Regarding claim 20, Thomsen discloses an operating means (5, 7, 17) of the electric drive means comprise first transmission means including a cogwheel (7) at each longitudinal end portion of the bottom element and second transmission means including a rack (5) arranged in each of two side rails of the screening arrangement (paragraph 0090) [FIGS. 1, 2, 7].
Regarding claim 21, Thomsen discloses the electric drive means comprise an electric motor (6) located in the bottom element [FIG. 7], and wherein the operating means of the electric drive means is accommodated in the bottom element and comprise a rotatable shaft (17) connected with the first transmission means (paragraph 0098) [FIG. 7], the bottom element being configured to accommodate battery means (24, paragraph 0054) and a printed circuit board (15; paragraph 0094).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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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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/ABE MASSAD/Primary Examiner, Art Unit 3634
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