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 .
Response to Arguments
Applicant’s arguments are moot. Newly added claims are addressed by the newly applied reference detailed below.
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 27-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knowles (US 6,186,211).
Regarding claim 27, Knowles discloses device for automating a window blind having a shade comprising:
a housing (35) having a drive (4);
a fastener (55, 56) for attaching to the window blind (37 of blind); and
a track (25) operatively engaged with the housing and the fastener (Fig 6),
wherein the drive (4) operatively engages the track (25) to move the fastener (movement of 35 via 4 moves the blind, fastener, and housing) between first and second positions.
Regarding claim 28, Knowles discloses wherein the fastener is a clamp (55, 56 are a clamp in accordance to the definition in the specification “a clamp that squeezes the pull bar or has a portion that hangs on the pull bar”) or an adhesive.
Regarding claim 29, Knowles discloses wherein the track is a lifting track or a flexible track (the material of 27 has a degree of flexibility).
Allowable Subject Matter
Claims 1, 2, 9-14, 17-24, 26 are allowable as previously indicated.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnnie A. Shablack whose telephone number is (571)270-5344. The examiner can normally be reached Mon-Thu 6am-3pm EST, alternate Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
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