DETAILED ACTION
In view of the Pre-Appeal Brief Review filed on 3/12/2026, PROSECUTION IS HEREBY REOPENED. A new grounds of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
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Status of the claims: Claims 1-31 are hereby examined below.
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.
Claims 4-8 are 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 4 recites “a side wall of the channel”. It is unclear if this is the same or different from “a side wall” recited in claim 1. Examiner presumes they are the same.
Dependent claims are rejected as depending from a rejected claim.
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 1-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mullet et al US2014/0352897.
In regard to claim 1, Mullet et al ‘897 disclose a treatment comprising: a roller tube (12, Fig. 4) having a longitudinal axis extending in a longitudinal direction ; a flexible material (14, Fig. 4) that is attached to the roller tube (12), the flexible material operable between a raised position and a lowered position via rotation of the roller tube (paragraph [0040]);second flanges in the longitudinal direction, and wherein a width of the channel in the longitudinal direction is defined by the first and second flanges (shown below) and the side wall (of 136), and wherein the first and second flanges (shown below) are configured to secure the roller tube (at 36) in position along the longitudinal axis, a spring (122) disposed in the channel (between 88 and 136, Fig. 7), wherein the spring (122) is configured to secure the roller tube (12, Fig. 9) within the channel in the transverse direction.
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In regard to claim 2, Mullet et al ‘897 disclose wherein the spring (122) is configured to deflect toward the side wall (of 136, shown above) as the end (at 36) of the roller tube (12) is slidingly received by the channel.
In regard to claim 3, Mullet et al ‘897 disclose wherein the spring (122) is configured to abut the end (at 36) of the roller tube (12) to prevent unmounting of the roller tube from the mounting bracket.
In regard to claim 4, Mullet et al ‘897 disclose wherein a first edge (bottom, shown below) of the spring (122) is configured to be proximate to the side wall (of 136) of the respective channel, and wherein a second edge (top, shown below) of the respective spring (122) is configured to be spaced away from the side wall of the respective channel.
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In regard to claim 5, Mullet et al ‘897 disclose wherein the first edge of the spring (122)) is aligned with an opening (at the bottom) of the respective channel.
In regard to claim 6, Mullet et al ‘897 disclose wherein the spring (122) comprises one compliant finger (the spring is a compliant finger) that is configured to bias the second edge (shown above) of the spring away from the side wall (of 136) of the channel.
In regard to claim 7, Mullet et al ‘897 disclose wherein the compliant finger (forming the spring 122) is configured to flex to enable the second edge (shown above) to move toward the side wall (of 136) of the channel as the end of the roller tube is slidingly received by the channel.
In regard to claim 8, Mullet et al ‘897 disclose wherein the end (at 36) of the roller tube (12) is configured to abut the spring (122) between the first edge and the second edge as the end of the roller tube is slidingly received by the channel.
In regard to claim 9, Mullet et al ‘897 disclose wherein the mounting bracket (76) comprises an arm (78, Fig. 7) configured to extend from the structure, and an attachment member (136) extending from the arm (78), the attachment member (136) of the mounting bracket defining the channel (formed between 88 and the side wall of 136).
In regard to claim 10, Mullet et al ‘897 disclose wherein the arm (78) of the mounting bracket (76) defines an outer surface (right side of 78, Fig. 7) and an inner surface (left side of 78, Fig. 7), and the attachment member (136) of the mounting bracket extends from the inner surface (left side) of the arm (78).
In regard to claim 11, Mullet et al ‘897 disclose wherein the mounting bracket (76) further comprises a base (84, Fig. 7) configured to attach the mounting bracket (76) to the structure, the base (84) extending from the inner surface of the arm at an opposite end of the arm as the attachment member (136).
In regard to claim 12, Mullet et al ‘897 disclose wherein the attachment member (136) of the mounting bracket extends a predetermined distance from the arm (78) such that the flexible material (14) is prevented from contacting the arm (78) as the roller tube (12) is rotated to adjust the flexible material between the raised position and the lowered position. (Fig. 12 shows a gap between edge of the roller (12) and the arm (78))
In regard to claim 13, Mullet et al ‘897 disclose a base cover (142, Fig. 8) configured to be detachably mounted over the base (84) of the mounting bracket. (paragraph [0082])
In regard to claim 14, Mullet et al ‘897 discloses a bracket cover (142, Fig. 8) configured to be detachably mounted over the arm (78) of the mounting bracket, the bracket cover (142) comprising a body that defines a recess (between the top and side surface) configured to receive the arm (78) of the mounting bracket.
In regard to claim 15, Mullet et al ‘897 discloses a sliding cover (142, Fig. 8) that is configured to cover and uncover (from the top) an access opening (bottom) of the channel, the access opening configured to receive the end (at 36) of the roller tube (12) when uncovered by the sliding cover (142) such that the roller tube (12) is received by the channel.
In regard to claim 16, Mullet et al ‘897 disclose a treatment comprising: a roller tube (12) having a longitudinal axis extending in a longitudinal direction; a flexible material (14) that is attached to the roller tube, the flexible material (14) operable between a raised position and a lowered position via rotation of the roller tube; and a mounting bracket (76) configured to support the roller tube (12), wherein the mounting bracket is configured to be attached to a structure, and wherein the mounting bracket comprising: a channel (between 88 and 136) configured such that an end (at 36) of the roller tube (12) is received by the channel in a transverse direction that is perpendicular to the longitudinal direction to mount the roller tube to the mounting bracket, and wherein the channel is configured to prevent unmounting of the roller tube(12) from the mounting bracket (76) in the longitudinal direction; and a spring (122) within the channel that is configured to prevent unmounting of the roller tube (12) from the mounting bracket (76) in the transverse direction.
In regard to claim 17, Mullet et al ‘897 disclose wherein the channel of the mounting bracket is defined by at least one flange (shown above) and a side wall (of 136, shown above) that is distal from the at least one flange in the longitudinal direction, and wherein the at least one flange is configured to prevent unmounting of the roller tube from the mounting bracket in the longitudinal direction.
In regard to claim 18, Mullet et al ‘897 disclose wherein the spring (122) is configured to deflect toward the side wall (of 136) as the end (at 36) of the roller tube (12) is received by the channel.
In regard to claim 19, Mullet et al ‘897 disclose wherein the respective spring (122) is configured to abut the end (at 36) of the roller tube (12) to prevent unmounting of the roller tube from the mounting bracket.
In regard to claim 20, Mullet et al ‘897 disclose wherein a first edge (shown above) of the spring is configured to be proximate to a side wall of the channel, and wherein a second edge (shown above) of the spring is configured to be spaced away from the side wall of the channel.
In regard to claim 21, Mullet et al ‘897 disclose wherein the first edge (shown above) of the spring is aligned with an opening (at the bottom) of the channel.
In regard to claim 22, Mullet et al ‘897 disclose wherein the spring (122) comprises one compliant finger (the spring is a compliant finger) that is configured to bias the second edge (shown above) of the spring away from the side wall (of 136) of the channel.
In regard to claim 23, Mullet et al ‘897 disclose wherein the compliant finger (forming the spring 122) is configured to flex to enable the second edge (shown above) to move toward the side wall (of 136) of the channel as the end of the roller tube is slidingly received by the channel.
In regard to claim 24, Mullet et al ‘897 disclose wherein the end (at 36) of the roller tube (12) is configured to abut the spring (122) between the first edge and the second edge as the end of the roller tube is slidingly received by the channel.
In regard to claim 25, Mullet et al ‘897 disclose wherein the mounting bracket (76) comprises an arm (78) configured to extend from the structure, wherein the arm (78) defines an outer surface (right side of 78, Fig. 7) and an inner surface (left side of 78, Fig. 7), and an attachment member (136) extending from the inner surface (left side) of the arm (78), the attachment member (136) defining the channel (between 88 and 136).
In regard to claim 26, Mullet et al ‘897 disclose wherein the mounting bracket (76) further comprises a base (84, Fig. 7) configured to attach the mounting bracket (76) to the structure, the base (84) extending from the inner surface of the arm at an opposite end of the arm as the attachment member (136).
In regard to claim 27, Mullet et al ‘897 disclose wherein the attachment member (136) of the mounting bracket extends a predetermined distance from the arm (78) such that the flexible material (14) is prevented from contacting the arm (78) as the roller tube (12) is rotated to adjust the flexible material between the raised position and the lowered position. (Fig. 12 shows a gap between edge of the roller (12) and the arm (78)).
In regard to claim 28, Mullet et al ‘897 discloses a bracket cover (142, Fig. 8) configured to be detachably mounted over the arm (78) of the mounting bracket, the bracket cover (142) comprising a body that defines a recess (between the top and side surface) configured to receive the arm (78) of the mounting bracket.
In regard to claim 29, Mullet et al ‘897 disclose a base cover (142, Fig. 8) configured to be detachably mounted over the base (84) of the mounting bracket. (paragraph [0082])
In regard to claim 30, Mullet et al ‘897 discloses a moving cover (142, Fig. 8) that is configured to cover and uncover (from the top) an access opening (bottom) of the channel, the access opening configured to receive the end (at 36) of the roller tube (12) when uncovered by the moving cover (142) such that the roller tube (12) is received by the channel.
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 1-12,14-28 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg et al US 2018/023340 in view of Mullet et al US 2014/0352897.
In regard to claim 1, Goldberg et al ‘340 discloses a treatment comprising: a roller tube (102, Fig. 1) having a longitudinal axis extending in a longitudinal direction ; a flexible material (115, paragraph [0130] and Fig. 38) that is attached to the roller tube (102), the flexible material operable between a raised position and a lowered position via rotation of the roller tube (paragraph [0132]);and wherein the first and second flanges (184, top and bottom) are configured to secure the roller tube (102) in position along the longitudinal axis.
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Goldberg et al ‘340 fails to disclose a spring disposed in the channel, wherein the spring is configured to secure the roller tube within the channel in the transverse direction. With reference to Figure 7, Mullet et al ‘897 discloses a spring (122) disposed in the channel (between 88 and 78, Fig. 7), wherein the spring (122) is configured to secure the roller tube (12, Fig. 9) within the channel in the transverse direction.
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 Goldberg et al ‘340 to replace the retention structure (131) of Goldberg et al ‘340 with a spring disposed in the channel as taught by Mullet et al ‘897 as such would be useful for maintaining the roller tube in place in situations where there isn’t room to properly operate the retention structure of Goldberg et al ‘340. One such example would be a tight fit against a ceiling where the retention structure cannot fully rotate open.
In regard to claim 2, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the spring (122, Mullet et al ‘897) is configured to deflect toward the side wall (of Goldberg et al ‘340 shown above) as the end of the roller tube (102, Goldberg et al ‘340) is slidingly received by the channel.
In regard to claim 3, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the spring (122, Mullet et al ‘897) is configured to abut the end of the roller tube (102, Goldberg et al ‘340) to prevent unmounting of the roller tube from the mounting bracket.
In regard to claim 4, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein a first edge (shown above) of the spring (122, Mullet et al ‘897) is configured to be proximate to the side wall (of Goldberg et al ‘340, shown above) of the respective channel, and wherein a second edge (shown above) of the respective spring is configured to be spaced away from the side wall of the respective channel.
In regard to claim 5, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the first edge of the spring (122, Mullet et al ‘897) is aligned with an opening of the respective channel.
In regard to claim 6, Mullet et al ‘897 disclose wherein the spring (122) comprises one compliant finger (the spring is a compliant finger) that is configured to bias the second edge of the spring away from the side wall of the channel.
In regard to claim 7, Mullet et al ‘897 disclose wherein the compliant finger (forming the spring 122) is configured to flex to enable the second edge to move toward the side wall of the channel as the end of the roller tube is slidingly received by the channel.
In regard to claim 8, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the end of the roller tube (102, Goldberg et al ‘340) is configured to abut the spring (122, Mullet et al ‘897) between the first edge and the second edge as the end of the roller tube is slidingly received by the channel.
In regard to claim 9, Goldberg et al ‘340 disclose wherein the mounting bracket comprises an arm (150, Fig. 5) configured to extend from the structure, and an attachment member (128, Fig. 13) extending from the arm, the attachment member (128) of the mounting bracket defining the channel (formed by 184 and the side wall).
In regard to claim 10, Goldberg et al ‘340 discloses wherein the arm (150, Fig. 5) of the mounting bracket (116) defines an outer surface and an inner surface, and the attachment member (128) of the mounting bracket extends from the inner surface of the arm.
In regard to claim 11, Goldberg et al ‘340 disclose wherein the mounting bracket (116) further comprises a base (160, Fig. 17) configured to attach the mounting bracket (116) to the structure, the base extending from the inner surface of the arm (150)at an opposite end of the arm as the attachment member (128).
In regard to claim 12, Goldberg et al ‘340 disclose wherein the attachment member (128) of the mounting bracket extends a predetermined distance from the arm (150) such that the flexible material (115) is prevented from contacting the arm as the roller tube (102) is rotated to adjust the flexible material between the raised position and the lowered position. (Fig. 12 shows a gap between edge of the roller (102) and the arm (150))
In regard to claim 14, Goldberg et al ‘340 disclose a bracket cover (158, Fig. 2) configured to be detachably mounted over the arm (150) of the mounting bracket (116), the bracket cover (158) comprising a body that defines a recess configured to receive the arm (150)of the mounting bracket.
In regard to claim 15, Goldberg et al ‘340 disclose a sliding cover (212, Fig. 17) that is configured to cover and uncover an access opening of the channel (shown above), the access opening configured receive the end of the roller tube (102) when uncovered by the sliding cover (212) such that the roller tube is received by the channel.
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In regard to claim 16, Goldberg et al ‘340 disclose a treatment comprising: a roller tube (102, Fig. 1) having a longitudinal axis extending in a longitudinal direction; a flexible material (115, Fig. 38) that is attached to the roller tube (102), the flexible material (115) operable between a raised position and a lowered position via rotation of the roller tube (102); and a mounting bracket (116, Fig. 2) configured to support the roller tube (102), wherein the mounting bracket (116) is configured to be attached to a structure, and wherein the mounting bracket comprising: a channel (shown above in claim 1) configured such that an end of the roller tube (102) is received by the channel in a transverse direction that is perpendicular to the longitudinal direction to mount the roller tube to the mounting bracket, and wherein the channel is configured to prevent unmounting of the roller tube from the mounting bracket in the longitudinal direction.
Goldberg et al ‘340 fail to disclose a spring within the channel that is configured to prevent unmounting of the roller tube from the mounting bracket in the transverse direction. With reference to Figure 7, Mullet et al ‘897 discloses a spring (122) within the channel (between 88 and 78, Fig. 7) that is configured to prevent unmounting of the roller tube from the mounting bracket in the transverse direction
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 Goldberg et al ‘340 to replace the retention structure (131) of Goldberg et al ‘340 with a spring disposed in the channel t as taught by Mullet et al ‘897 as such would be useful for maintain the roller tube in place in situations where there isn’t room to properly operate the retention structure of Goldberg et al ‘340. One such example would be a tight fit against a ceiling where the retention structure cannot fully rotate open.
In regard to claim 17, Goldberg et al ‘340 disclose wherein the channel of the mounting bracket (shown above) is defined by at least one flange (184) and a side wall (shown above) that is distal from the at least one flange in the longitudinal direction, and wherein the at least one flange (184) is configured to prevent unmounting of the roller tube from the mounting bracket in the longitudinal direction.
In regard to claim 18, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the spring (122, Mullet et al ‘897) is configured to deflect toward the side wall (of Goldberg et al ‘340) as the end of the roller tube (102, Goldberg et al ‘340) is received by the channel.
In regard to claim 19, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the respective spring (122, Mullet et al ‘897) is configured to abut the end of the roller tube (102, Goldberg et al ‘340) to prevent unmounting of the roller tube from the mounting bracket (116, Goldberg et al ‘340).
In regard to claim 20, as shown above in claim 4, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein a first edge of the spring (122, Mullet et al ‘897) is configured to be proximate to the side wall (of Goldberg et al ‘340, shown above) of the respective channel, and wherein a second edge of the respective spring is configured to be spaced away from the side wall of the respective channel.
In regard to claim 21, Mullet et al ‘897 disclose wherein the first edge of the spring (122) is aligned with an opening of the channel.
In regard to claim 22, Mullet et al ‘897 disclose wherein the spring (122) comprises one compliant finger (the spring is a compliant finger) that is configured to bias the second edge of the spring away from the side wall of the channel.
In regard to claim 23, Mullet et al ‘897 disclose wherein the compliant finger (forming the spring 122) is configured to flex to enable the second edge to move toward the side wall of the channel as the end of the roller tube is slidingly received by the channel.
In regard to claim 24, Goldberg et al ‘340 as modified by Mullet et al ‘897 disclose wherein the end of the roller tube (102, Goldberg et al ‘340) is configured to abut the spring (122, Mullet et al ‘897) between the first edge and the second edge as the end of the roller tube is slidingly received by the channel.
In regard to claim 25, Goldberg et al ‘340 disclose wherein the mounting bracket (116) comprises: an arm (150, Fig. 17) configured to extend from the structure, the arm (150) defining an outer surface and an inner surface, and an attachment member (128, Fig. 17) extending from the inner surface of the arm, the attachment member of the mounting bracket defining the channel.
In regard to claim 26, Goldberg et al ‘340 disclose wherein the mounting bracket (116) further comprises a base (160, Fig. 17) configured to attach the mounting bracket to the structure, the base extending from the inner surface of the arm at an opposite end of the arm as the attachment member (128).
In regard to claim 27, Goldberg et al ‘340 disclose wherein the attachment member (128) of the mounting bracket extends a predetermined distance from the arm (150) such that the flexible material (115) is prevented from contacting the arm as the roller tube (102) is rotated to adjust the flexible material between the raised position and the lowered position. (Fig. 12 shows a gap between edge of the roller (102) and the arm (150))
In regard to claim 28, Goldberg et al ‘340 disclose a bracket cover (158, Fig. 2) configured to be detachably mounted over the arm (150) of the mounting bracket, the bracket cover comprising a body that defines a recess configured to receive the arm of the mounting bracket.
In regard to claim 30, Goldberg et al ‘340 disclose a moving cover (212, Fig. 18) that is configured to cover and uncover an access opening of the channel, the access opening configured receive the end of the roller tube when uncovered by the moving cover such that the roller tube is received by the channel.
In regard to claim 31, Goldberg et al ‘340 disclose wherein the moving cover (212) has a diameter that is approximately equal to a diameter of the roller tube (102).
Claims 13 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg et al US 2018/023340 and Mullet et al US 2014/0352897 as applied to claims 11 and 26 and further in view of DE 202016106903.
In regard to claims 13 and 29, Goldberg et al ‘340 as modified by Mullet et al ‘897 fail to disclose a base cover configured to be detachably mounted over the base of the mounting bracket. With reference to Figures 4A and 4B, DE ‘903 discloses a base cover (shown below) configured to be detachably mounted over the base (54) of the mounting bracket.
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 Goldberg et al ‘340/Mullet et al ‘897 to include the base cover as taught by DE ‘903 for the purpose of providing a clean and attractive appearance.
Response to Arguments
Applicant’s arguments with respect to the modification of Goldberg et al in view of Mullet et al have been considered, but examiner is not persuaded by applicant’s arguments. As clarified in 103 rejection above, one having ordinary skill in the art before the effective filing date of the invention would have been motivated to modify the device of Goldberg et al to substitute the spring as taught by Mullet et al to replace the retention arm disclosed by Goldberg et al for the purpose of allowing the device to work properly in situations where mounting does not allow the retention mechanism to properly operate as intended (i.e. close to a ceiling or other obstruction).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In response to applicant’s argument that it is unclear how the spring clip of Mullet would engage the rotating member of Goldberg, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
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
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