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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show how the second clutch member and the first clutch member are structurally provided as described in the specification. There is no showing of the details, the block diagram shown in Fig 6 fails to provide proper understanding of the elements and their structural arrangement and how they are capable of engaging and disengaging with the drive shaft. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu-Lai et al. (US 8,356,653), hereinafter referred to as Fu-Lai.
Regarding claim 1, Anderson discloses a window covering (Fig 1) comprising:
a first rail (head rail; Fig 24);
a second rail (bottom rail; Fig 24) moveable relative to the first rail;
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a drive shaft (18) received by the first rail (Fig 22);
a spring motor (70) operably connected to the drive shaft (18), the spring motor configured to apply tension to the drive shaft to assist with maintaining a position of the second rail relative to the first rail;
a lift drum (labeled in annotated Fig 24 above) operably connected to the drive shaft;
a lift cord (support cords, col 1, lines 26-32) extending between the lift drum and the second rail; and
a retractable cord lift assembly (labeled in annotated Fig 24 above) operably connected to the drive shaft (18), the retractable cord lift assembly including a spool member (28) operably connected to a wand assembly (87, shown in Fig 24 above) by a cord (20; shown in Fig 2 and Fig 11),
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a clutch (30 shown in Fig 2) connected to the spool member, the clutch configured to selectively engage the drive shaft,
wherein in a first operational configuration (uncoupled clutch 30), the second rail is configured to be manually repositioned relative to the first rail, and in response the drive shaft is configured to rotate relative to the clutch (30) in a first direction and a second direction (col 7, lines 51-63; the drive shaft is free to rotate relative to the clutch), and
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wherein in a second operational configuration (engagement of clutch 30), actuation of the wand assembly (pulling of 20) is configured to rotate the spool member (28) in the first direction, and in response the clutch (30) is configured to engage the drive shaft (18) to rotate the drive shaft in the first direction, moving the second rail relative to the first rail (col 11, lines 22-39).
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Regarding claim 2, Fu-Lai discloses the retractable cord lift assembly further comprising a biasing member (32) configured to apply a biasing force to the spool member (28) (col 7, lines 43-45).
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Regarding claim 3, Fu-Lai discloses wherein actuation of the wand assembly overcomes the biasing force applied to the spool member (Fig 25A-25D; pulling of the wand assembly allows for rotation opposite the biasing force exerted on spool member and allow the cord to unwind from the spool).
Regarding claim 4, Fu-Lai discloses wherein actuation of the wand assembly is configured to rotate the spool member in a first direction from a start position to an end position (pulling the wand unwinds the cord from the spool member starting from a start position to the end position being the position when the cord is unwound from the spool member).
Regarding claim 5, Fu-Lai wherein in response to the spool member rotating to the end position, the biasing member (32) is configured to counterrotate the spool member from the end position back to the start position (col 12, lines 3-7; the spring 32 causes the spool member to rotate and retract the cord onto the spool member).
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Regarding claim 6, Fu-Lai discloses wherein in response to the spool member counterrotating from the end position back to the start position, the clutch disengages from the drive shaft (30 is uncoupled; col 12, lines 3-7).
Regarding claim 7, Fu-Lai discloses wherein in response to the clutch disengaging from the drive shaft, the clutch and the spool member counterrotate relative to the drive shaft (col 12, lines 11-15; drive shaft 18 is held stationary).
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Regarding claim 8, Fu-Lai discloses wherein the clutch and the spool member counterrotate in the second direction (retracting the cord), opposite the first direction (first direction unwinds the cord).
Regarding claim 9, Fu-Lai discloses wherein the spring motor (70) applies tension (applies a brake) to the drive shaft to assist with maintaining a position of the second rail relative to the first rail as the clutch and the spool member counterrotate.
Regarding claim 10, Fu-Lai discloses the spring motor (70) applies tension to the drive shaft to minimize back driving (applies a brake) of the drive shaft as the clutch and the spool member counterrotate.
Regarding claim 11, Fu-Lai discloses wherein the clutch is concentric with the spool member (Fig 2).
Regarding claim 12, Fu-Lai discloses wherein in response to rotation of the drive shaft in the first direction, the second rail moves away from the first rail (according to a first interpretation, the drive shaft rotates in the first direction to lower the second rail).
Regarding claim 13, wherein in response to rotation of the drive shaft in the first direction, the second rail moves towards the first rail (according to a second interpretation, the drive shaft rotates in the first direction to raise the second rail).
Regarding claim 14, Fu-Lai discloses further comprising a shade panel (14) extending between the first rail and the second rail.
Regarding claim 15, Fu-Lai discloses wherein actuation of the wand assembly is configured to rotate the spool member in a first direction from a start position to an end position (pulling of the cord to rotate the spool member), wherein in response to rotation of the spool member reaching the end position: a biasing member (32) applies a biasing force to the spool member rotating the spool member in the second direction, the clutch member (30) disengages the drive shaft such that the spool member and clutch member rotate relative to the drive shaft, and the spring motor (70) limits back driving of the drive shaft.
Allowable Subject Matter
Claims 16-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record fail to disclose or teach it obvious to provide “the retractable cord lift assembly including a first spool member operably connected to a first wand assembly by a first cord, a first clutch connected to the first spool member, the first clutch configured to selectively engage the drive shaft, and a second spool member operably connected to a second wand assembly by a second cord, a second clutch connected to the second spool member, the second clutch configured to selectively engage the drive shaft, wherein in a first operational configuration, the second rail is configured to be manually repositioned relative to the first rail, and in response the drive shaft is configured to rotate relative to the first clutch and the second clutch in both a first direction and a second direction, and wherein in a second operational configuration, actuation of the first wand assembly is configured to rotate the first spool member in the first direction, and in response the first clutch is configured to engage the drive shaft to rotate the drive shaft in the first direction, moving the second rail towards the first rail, and actuation of the second wand assembly is configured to rotate the second spool member in the second direction, and in response the second clutch is configured to engage the drive shaft to rotate the drive shaft in the second direction, moving the second rail away from the first rail. “
Although Fu-Lai teaches a retractable cord lift assembly operably connected to the drive shaft, the assembly has one wand assembly with one cord, one spool member, and one clutch. Providing a second wand assembly with a second cord, second spool member, and a second clutch is not an obvious duplication modification. Motivation to modify Fu-Lai would be a result of the Applicant’s teachings and improper hindsight. The teachings of Fu-Lai rely on a single cord and single wand assembly for operation eliminating multiple operators, thus the modification of the device to include a second assembly would teach away from the teachings of Fu-Lai and bodily incorporation of a second device would be a result of improper hindsight as providing a second clutch to allow for operation is not an obvious modification.
Conclusion
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.
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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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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634