DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 12/12/2025 has been acknowledged. Claims 1-23 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group 1 (claims 1-5 and 19-23) and Species 1 (figures 1, 2, 3A, and 3B) in the reply filed on 12/12/2025 is acknowledged.
2. Claims 6-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Group II and Species 2. Election was made without traverse in the reply filed on 12/12/2025.
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.
Claim(s) 1, 4, 5, and 19-23, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brutsaert (WO 2015011263 A1).
Regarding claim 1, Brutsaert teaches an outdoor structure (terrace; abstract), comprising: a front beam (4); a back beam (5) opposite the front beam (figure 1); a first side beam (6) and a second side beam (7) opposite the first side beam (figure 1), each of the first and second side beams coupled to the front beam and the back beam (figure 1); a plurality of posts (2) coupled to one or more of the front beam and the back beams (figure 1); a plurality of louvers (8) coupled to the front and back beams (figure 1); a motor assembly (40) operably coupled to the plurality of louvers and configured to rotate the plurality of louvers (col. 8, lines 5-7).
Regarding claim 4, Brutsaert teaches the motor assembly comprises: an extendible rod (35); a bracket (15) coupled to the extendible rod (figure 2); and a rack (14) coupled to the bracket (figure 2).
Regarding claim 5, Brutsaert teaches the front beam comprises at least one wheel gear (37) engaged with the rack (figure 3), and wherein each of the at least one wheel gear is coupled to a louver of the plurality of louvers (figure 3).
Regarding claim 19, Brutsaert teaches an assembly for an outdoor structure (terrace; abstract), comprising: a beam (4); a motor (40) positioned within a cavity of the beam (figure 2); and a first wheel (37-left; figure 4) operatively coupled to the motor (via 35-left; figures 3 and 4) and comprising an opening configured to receive a shaped pin (col. 7, lines 25-30).
Regarding claim 20, Brutsaert teaches the first wheel is coupled to the motor by a toothed sliding bar (36).
Regarding claim 21, Brutsaert teaches a second wheel (37-middle) operatively coupled to the first wheel by a bracket (35-middle).
Regarding claim 22, Brutsaert teaches the shaped pin is coupled to a louver (col. 7, lines 25-30).
Regarding claim 23, Brutsaert teaches the motor shifts longitudinally within the cavity of the beam (figure 2).
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 of this title, 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(s) 2 and 3, is/are rejected under 35 U.S.C. 103 as being unpatentable over Brutsaert (WO 2015011263 A1) in view of Jackson (U.S. Pub. No. 2022/0349182).
Regarding claim 2, Brutsaert does not specifically disclose one or more of the front beam, the back beam, the first side beam, and the second side beam include lighting elements.
Jackson discloses a louvered patio system (title) wherein one or more of the front beam, the back beam, the first side beam, and the second side beam include lighting elements (paragraph 41).
Therefore, from the teaching of Jackson, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the terrace slat assembly of Brutsaert such that one or more of the front beam, the back beam, the first side beam, and the second side beam include lighting elements, as taught by Jackson, in order to provide night time lighting under the outdoor structure for a more pleasing atmosphere.
Regarding claim 3, Brutsaert does not specifically disclose a display unit communicatively coupled to the motor assembly and configured to transmit a first signal to the motor assembly to rotate the plurality of louvers.
Jackson discloses a louvered patio system (title) including a display unit (54) communicatively coupled (configured to communicate with one or more other components of the system wirelessly and/or via wires; paragraph 28) to the motor assembly and configured to transmit a first signal to the motor assembly to rotate the plurality of louvers (it is understood that the network is capable of communicating with the motor assembly and being configured to transmit a first signal to the motor assembly to rotate the plurality of louvers; paragraph 28 and figure 1A).
Therefore, from the teaching of Jackson, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the terrace slat assembly of Brutsaert to include a display unit communicatively coupled to the motor assembly and configured to transmit a first signal to the motor assembly to rotate the plurality of louvers, as taught by Jackson, in order to provide a modern interface that can control the slat assembly for simplified ease of use and a better user experience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to louver structures in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633