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 without traverse of Species I and Sub-species A in the reply filed on 4/17/23 is acknowledged. Claims 1-9, 11-13, and 15 read on the elected species and/or sub-species, and claims 10 and 14 have been cancelled.
Drawings
The drawings are objected to because they include faint lines or “grayscale” coloring in combination with small or zoomed out images that renders the different components difficult to distinguish. For example, in Figure 3, the reference lines corresponding to reference numerals 207 and 208 blend in with the drawing such that it is not readily clear which elements are being identified. In Figure 5 the reference lines for 603, 702, and 601 all appear to be pointing to the same component. The elements identified in Figure 20 are also unclear, as the elements pointed to by the reference lines are not clearly distinguishable. Although the difference between grayscale and black-and-white drawings may not be immediately apparent, clarity issues resulting from the use of grayscale images compounds when the drawings are reproduced or scanned so true black-and-white drawings are recommended to ensure that the features of the drawings are adequately clear. 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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. In the instant case the phrase “Disclosed is” should be removed from the abstract.
Claim Objections
Claims 1, 3-5, 7, and 8 are objected to because of the following informalities:
Claim 1 recites “two ends of each of the louvers are respectively close to inner walls of the two second cross beams”. The term “close” is understood in the context of the disclosure as requiring an adjacent positioning, and it is understood that it does not require a particular dimension or distance. It is recommended that the term “close” be replaced with --adjacent to-- or similar to ensure appropriate clarity and consistency. Claims 5 and 8 also recite the term “close”, which is understood to require the same as above, and should be similarly amended.
Claim 1 recites “two second cross beam” in line 6, which should be amended to recite --two second cross beams-- (replacing “beam” with --beams--).
Several claims include recitations of improper or insufficient antecedent basis. In each instance, the limitation is understood in the context of the disclosure as introducing the respective element or component rather than referencing a previously introduced element, but appropriate corrections should be made. Non-limiting examples are provided, but the entirety of the claims should be reviewed and amended as appropriate to ensure that similar inconsistencies are not present.
Claim 3 recites “the connecting side of the side curtain”, which should be replaced with --a connecting side of the side curtain--
Claim 4 recites “the end of the first cross beam and the end of the second cross beam” which should be replaced with --an end of the first cross beam and an end of the second cross beam--
Claim 7 recites “the end of the clamping block” which should be replaced with --an end of the clamping block--
Claim 13 recites “the mounting cavity” which should be replaced with --a mounting cavity--
Claim 6 recites “the side curtain is a pull-type rolling curtain”. The term “pull-type” is clear in the context of the disclosure, but it is recommended that “pull-type” be deleted from the limitation, as the scope is not explicitly defined and there is no clear definition for what constitutes a “pull-type” curtain.
Appropriate correction is required.
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 3-9 and 11-13 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 3 references “the second cross beam”, but two second cross beams are introduced in claim 1. The limitation “the second cross beam” is also recited in each of claims 4, 5, 11, and 12. Claims 5 and 6 also recite “the support column” without identifying which support column is being referenced. In each of these limitations, it is not readily clear if the subsequent limitations apply to only one of the second cross beams, support columns, etc., or if all of the referenced elements are required to have the subsequently recited structure or configuration.
Claim 6 recites “the guide rail is connected to the fixed connecting portion via the fastener”. Only one fastener is previously introduced (in claim 3), but it is not clear in the context of the disclosure how said fastener can be used to connecting the connecting portions of the cross beams and side curtain, along with the guide rail and the fixed connecting portion. It is assumed that a different fastener is intended to be introduced, but the claims do not differentiate between different fasteners. It is recommended that this limitation be amended to instead recite --a second fastener-- or --a guide rail fastener--.
Claim 13 recites “the at least one louver is provided with a solar panel”. It is not readily clear which louver is “the at least one louver”, as a plurality of louvers have been previously introduced.
Dependent claims not specifically addressed above are nonetheless rejected under 35 U.S.C. 112(b) as being dependent from a claim or claims rejected under 35 U.S.C. 112(b). All claims are 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, 11, 12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fang (U.S. Patent Application Publication No. 2023/0358053).
Regarding claim 1, Fang discloses a louvered awning structure (pergola disclosed in at least paragraph 0004), comprising an awning structure [FIG. 7] and a plurality of support columns (5), wherein the awning structure comprises a frame (frame formed by beams 3, shown in at least Figure 7) and a plurality of louvers (1) arranged side by side, the plurality of support columns are mounted on the frame [FIGS. 5, 7], so that the awning structure is in an overhead state due to being supported by the plurality of support columns (paragraph 0039) [FIG. 7], the frame comprises at least one first cross beam (first beam arranged parallel to the louvers 1, as shown in Figure 5), and two oppositely arranged second cross beams (opposing beams 3 arranged perpendicular to the louvers 1 as shown in Figure 5), the plurality of louvers are located between the two second cross beam [FIGS. 5, 7], two ends of each of the louvers are respectively close to inner walls (32) of the two second cross beams; a plurality of pivot portions arranged at intervals are formed on the inner walls of the two second cross beams (Z-shaped grooves are shown in Figure 4 and described in paragraph 0035); shaft bodies (21) at the two ends of each of the louvers are respectively pivotally connected to the pivot portions of the two second cross beams (paragraph 0035); each pivot portion on at least one of the second cross beams comprises an inlet passage and a pivot hole pivotally connected to the shaft body on the louver; and a communication passage respectively communicating with the inlet passage and the pivot hole, the communication passage is provided with a first communication port and a second communication port distributed up and down and arranged in a staggered manner, and the inlet passage and the pivot hole are respectively arranged at the first communication port and the second communication port, so that the inlet passage and the pivot hole are arranged in a staggered manner with respect to each other (the inlet passage, pivot hole, communication passage, and first and second communication ports are portions of the Z-shaped grooves described in paragraph 0035 and shown in Figure 4; a portion of Figure 4 with a clearer representation of the Z-shaped grooves is provided below including annotations identifying the parts of the pivot portions).
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Regarding claim 11, Fang discloses that the communication passage is provided horizontally along a length direction of the second cross beam or the communication passage is provided obliquely (as shown in Figure 4, at least a portion of the communication passage is provided obliquely); an upper side inner wall of the communication passage is located above the pivot hole [FIG. 4], and a lower side inner wall of the communication passage is located below the inlet passage [FIG. 4] (see annotated drawing above); a recess is formed on the pivot hole at one side of the lower side inner wall of the communication passage to cooperate with the shaft body on the louver (paragraph 0035), and a blocking portion is formed on an upper side of the recess (the staggered arrangement of the communication ports defines a blocking portion given a broadest reasonable interpretation), and the inner wall of the pivot hole is provided in a circular arc shape, so that the recess is a circular arc-shaped recess (paragraph 0035 discloses insertion and rotation of the shaft bodies 21 within the grooves, and at least Figure 2 illustrates a circular shape for the shaft bodies, indicating that the recess of the pivot hole has a corresponding circular arc-shape).
Regarding claim 12, Fang discloses two links (4) and a louver flipping driving device (drive device shown in Figure 5 and described in at least paragraph 0034), wherein the two links are arranged along a length direction of the second cross beam [FIG. 7] and are respectively located above two ends of each of the louvers (paragraph 0034 discloses two links 4, one provided on each end of the louver bodies 1; Figures 2 and 3 illustrate the arrangement of the links above the ends of the louvers at the upward extending tab on the endplate 2 shown in Figure 2), a first hinge at the two ends of each of the louvers is respectively hinged with the two links (hinge defined at the connection between the links 4 and the end plates 2), and the louver flipping driving device is hinged with a second hinge on one louver of the louvered awning; the positions of the first hinges at two ends of each of the louvers are arranged corresponding to each other [FIG. 3], and the first hinges at two ends of each of the louvers are arranged offset from a central axis thereof in the width direction of the louvers [FIGS. 2, 3].
Regarding claim 15, Fang discloses a limiting body (radial lips provided on the shaft body 21 as shown in Figure 2) is provided on the shaft body pivotally connected into the pivot hole via the inlet passage and the communication passage on the louver [FIGS. 2, 5], or (the term “or” as it is used in this claim requires that only one of the configurations be present; given that the first configuration is taught by Fang as described above, the subsequent limitations are not required) a rolling sleeve or a rolling wheel is sleeved on the shaft body pivotally connected into the pivot hole via the inlet passage and the communication passage on the louver, the rolling sleeve or the rolling wheel is movably mounted in the pivot hole, a limiting body is provided on the rolling sleeve or the rolling wheel, and a limiting member is mounted at the end of the shaft body pivotally connected into the pivot hole via the inlet passage and the communication passage on the louver to limit the rolling sleeve or the rolling wheel on the shaft body; and the limiting body is located outside a mounting piece.
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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Fang (U.S. Patent Application Publication No. 2023/0358053) in view of De Frene (U.S. Patent Application Publication No. 2023/0151614).
Regarding claims 2 and 3, Fang discloses the louvered awning structure but does not disclose a side curtain.
Nonetheless, De Frene discloses an awning structure comprising a side curtain (6a, 6b, 6c) mounted on a first cross beam or at least one second cross beam (3) [FIGS. 2A-2G]; wherein a mount (19b) is mounted on a connecting side of the first cross beam or at least one of the second cross beams [FIG. 3F] and is provided with a first clamping portion and a first connecting portion (first clamping and connecting portions are formed at flanges 221 and 445, respectively), a connecting groove (groove defined at wall 465b) is provided at the connecting side of the side curtain, and the connecting groove is provided therein with a second clamping portion and a second connecting portion (second clamping and connecting portions are formed by flanges 473 and 468a, respectively), the mount is located in the connecting groove [FIG. 3F], the second clamping portion is located in a clamping region between the first clamping portion and the first cross beam or the second cross beam (paragraphs 0073, 0098) [FIG. 3F], the first clamping portion and the second clamping portion are snap-fitted with each other (the interlocking engagements of the flanges 221/445 and 473/468a read on the term “snap-fitted” given a broadest reasonable interpretation), and the first connecting portion is fixedly connected to the second connecting portion via a fastener (paragraph 0075 discloses that bolts or rivets may be used to connect the profiles together).
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 awning structure of Fang to include the side curtain and configuration taught by De Frene, in order to provide a more complete enclosure that provides greater protection against sun or wind during use.
Regarding claim 4, Fang discloses that a top end of each of the support columns is fixedly connected to both the end of the first cross beam and the end of the second cross beam (paragraph 0040: connections between the support columns and the cross beams is provided via the connections between fillets 35 and grooves 51; Figure 5 further depicts the connection of said components), each of the support columns is provided with a fixed connecting portion (51), and the first cross beam and the second cross beam are respectively arranged perpendicular to the support columns [FIGS. 5, 7].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fang (U.S. Patent Application Publication No. 2023/0358053) in view of De Frene (U.S. Patent Application Publication No. 2023/0151614), as applied to claim 4 above, and further in view of Veys (U.S. Patent Application Publication No. 2016/0298332).
Regarding claim 6, Fang, as modified above, discloses the support column and side curtain, but does not disclose a guide rail provided on a side face of the support column.
Nonetheless, Veys discloses an awning structure comprising a guide rail (4, 13) provided on a side face of a support column (1) facing a side curtain (paragraph 0049 discloses engagement of a screen within the guide rails 4, 13, corresponding to the claimed side curtain), and the guide rail is arranged in a vertical shape (the guide rail 4, 13 extends vertically along the height of the column 1), a positioning protrusion (at 18) is provided on the side of the guide rail facing the support column, a positioning groove (groove defined between channel 6 and walls 7 and 8) is provided on the side of the support column facing the side curtain, the positioning protrusion fits into the positioning groove [FIG. 2], the side curtain is a pull-type rolling curtain having a side of a curtain body inserted into a rail slot of the guide rail (paragraph 0049 discloses rolling and unrolling of the screen within the guides 13), and the guide rail is connected to the fixed connecting portion via the fastener (14).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fang (U.S. Patent Application Publication No. 2023/0358053) in view of Thielemans (U.S. Patent Application Publication No. 2024/0044465).
Regarding claim 13, Fang discloses that the at least one louver is provided with a mounting cavity, a front face, and a back face [FIG. 2], but does not disclose a solar panel, lighting device, or battery.
Nonetheless, Thielemans discloses a louver assembly comprising at least one louver (103) provided with a solar panel (104, 105) mounted at a back face (101) of the louver, a storage battery mounted on the louver (paragraph 0024) [FIG. 1a], and a lighting device (107) mounted at a front face (102) of the louver, wherein the solar panel is connected to the storage battery and the storage battery is connected to the lighting device (paragraph 0024).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the louver(s) of Fang to include the solar panel, lighting device, and storage battery taught by Thielemans, in order to provide self-powered lighting within the awning structure, so as to improve the usability and convenience for the users.
Allowable Subject Matter
Claims 5 and 7-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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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