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 .
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 7, 8, and 16 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 7 recites “a mounting adhesive on the mounting face”. However, “a mounting face” has been introduced in both claim 6 and claim 1, and it is not readily clear which mounting face is being referenced in claim 7. As best understood, the mounting face of claim 1 and the mounting face of claim 6 are different mounting faces (at least paragraph 37 of the specification of the instant application, dated 3/25/24, discloses two mounting faces 6 and 6’). Claim 7 must be amended to clearly identify which mounting face is being referenced. A recommended correction is to distinguish between the mounting faces in claims 1 and 6 (e.g. by reciting --a first mounting face-- and --a second mounting face--), and identifying the specific mounting face in claim 7.
Claim 16 recites “the curved piece preventing a rod from which the curtain panel hangs”. It is not readily clear what is meant or required by the recitation “preventing a rod”. As best understood, the purpose of the curved piece is to support the curtain rod, and it does not prevent the curtain rod from being installed or used in the system. A recommended correction is to instead recite --the curved piece supporting a rod from which the curtain panel hangs--, or a similar recitation.
Claim 8 is rejected as being dependent from a claim 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 1-3, 5, 6, 9, 10, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Downey (U.S. Patent Application Publication No. 2002/0162929).
Regarding claim 1, Downey discloses a bracket (bracket formed by members 40A and 100) comprising:
a hollow piece (as shown in Figure 8, a hollow space 48 is defined in the bracket member 40A), the hollow piece having four sides (four sides are defined at surfaces 42, 44, 46, and 122);
a planar piece (140) extending from the hollow piece [FIGS. 6, 8]; and
a mounting face (the rear surface of rear wall 42 defines a mounting face) on one of the four sides of the hollow piece [FIGS. 6, 8].
Regarding claim 2, Downey discloses that the hollow piece is a hollow rectangular piece (paragraph 0037) [FIG. 8].
Regarding claim 3, Downey discloses a curved piece (142) extending from the planar piece [FIG. 9].
Regarding claim 5, Downey discloses two indentations (43, 45) located on one of the four sides of the hollow piece [FIG. 8].
Regarding claim 6, Downey discloses a mounting face (outer front wall surface 124) in between the two indentations [FIG. 8].
Regarding claim 9, Downey discloses an aperture on the planar piece (as shown in Figure 9, and aperture is defined between the top and bottom elements of the planar piece 140, inwardly spaced from the curved section 142).
Regarding claim 10, Downey discloses that the planar piece extends from the hollow piece perpendicularly to a front face (124) of the four sides [FIG. 8].
Regarding claim 12, Downey discloses a bracket system [FIGS. 6-10] comprising a bracket (100, 40A);
a curtain panel (14); and
a wall (wall surface shown in Figure 6, to which the bracket 40A is attached)
the bracket comprising a hollow piece (as shown in Figure 8, a hollow space 48 is defined in the bracket member 40A), the hollow piece having four sides (four sides are defined at surfaces 42, 44, 46, and 122);
the bracket further comprising a planar piece (140) extending from the hollow piece [FIGS. 6, 8]
the bracket further comprising a mounting face (the rear surface of rear wall 42 defines a mounting face) on one of the four sides of the hollow piece [FIGS. 6, 8];
wherein the curtain panel is mounted to the wall by the bracket [FIG. 6].
Regarding claim 13, Downey discloses that the hollow piece is at least one of a hollow rectangular piece (paragraph 0037) [FIG. 8] or a hollow cubical piece.
Regarding claim 14, Downey discloses a rod (32A) supported by the planar piece [FIGS. 6, 8], wherein the curtain panel hangs from the rod [FIG. 6].
Regarding claim 15, Downey discloses that the planar piece is a front piece extending from the hollow piece perpendicularly to a top side (42) of the four sides [FIG. 8].
Regarding claim 16, Downey discloses a curved piece (142) connected to the front piece, the curved piece preventing a rod from which the curtain panel hangs (paragraph 0038) [FIG. 6].
Claims 1, 5-8, 11, 12, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glikman (U.S. Patent Application Publication No. 2013/0174991).
Regarding claim 1, Glikman discloses a bracket (10) comprising:
a hollow piece (as shown in Figure 3 and described in paragraph 0059, a hollow space is defined in the body of the mounting portion 12), the hollow piece having four sides (four sides are defined at surfaces 14, 16, 18, and 24);
a planar piece (41) extending from the hollow piece [FIGS. 2, 3]; and
a mounting face (front surface 18 defines a mounting face; paragraph 0056) on one of the four sides of the hollow piece [FIGS. 1, 2].
Regarding claim 5, Glikman discloses two indentations located on one of the four sides of the hollow piece (indentations are defined at the bottom side 16 at the sides spaces where walls 36a and 36b are located) [FIGS. 2, 3].
Regarding claim 6, Glikman discloses a mounting face (bottom side 16 defines a mounting face to which attachment portion 17 is attached) in between the two indentations [FIG. 2].
Regarding claims 7 and 8, Glikman discloses a mounting adhesive (17) on the mounting face [FIG. 2] (paragraph 0058), wherein the mounting adhesive comprises at least one of a hook tape, a loop tape, or an adhesive strip (paragraph 0056 discloses that the attachment portion 17 may be a loop side of a hook-and-loop fastener).
Regarding claim 11, Glikman discloses that the planar piece (41) extends from the hollow piece parallel to a front face (18) of the four sides [FIGS. 3, 4].
Regarding claim 12, Glikman discloses a bracket system [FIGS. 1, 6] comprising a bracket (10);
a curtain panel (87); and
a wall (wall surface to which the bracket 10 is attached, described in paragraph 0056)
the bracket comprising a hollow piece (as shown in Figure 3 and described in paragraph 0059, a hollow space is defined in the body of the mounting portion 12), the hollow piece having four sides (four sides are defined at surfaces 14, 16, 18, and 24);
the bracket further comprising a planar piece (41) extending from the hollow piece [FIG. 3]
the bracket further comprising a mounting face (front surface 18 defines a mounting face; paragraph 0056) on one of the four sides of the hollow piece [FIGS. 1, 7];
wherein the curtain panel is mounted to the wall by the bracket [FIGS. 6, 7].
Regarding claim 17, Glikman discloses that the curtain panel is mounted to the wall by the bracket without using a rod (the curtain panel 87 mounts directly to the bracket 10 as shown in Figure 6-7, and does not require a rod).
Claims 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onyegasi (U.S. Patent No. 2020/0375385).
Regarding claim 19, Onyegasi discloses a method for installing a curtain bracket system (the curtain bracket system is identified as reference number 100; the steps of the method of installation are described in at least paragraphs 0037-0042), the method comprising:
attaching one of a hook tape or a loop tape (112a; paragraph 0037 discloses that attachment members 112a and 112b are hook and loop material) to a mounting face of a bracket (the bracket is defined by members 101, 102, and 104; the mounting face is the rear surface of wall mount member 101) [FIG. 3A];
attaching an opposite one of the hook tape or the loop tape (112b) to a wall (115) [FIG. 3B];
pressing the mounting face of the bracket against the wall to engage the hook tape and the loop tape, thereby mounting the bracket to the wall (paragraph 0037); and
hanging a curtain panel from the bracket (via rod 113; the curtain panel is disclosed in at least paragraphs 0015 and 0033).
Regarding claim 20, Onyegasi discloses placing a rod (113) on the bracket and hanging the curtain panel from the rod, wherein the hook tape engaged with the loop tape supports a weight of the bracket, a weight of the rod, and a weight of the curtain panel (as disclosed in paragraphs 0015 and 0033, the curtain bracket system supports the bracket, the rod, and the curtain panel in an installed configuration).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Downey (U.S. Patent Application Publication No. 2002/0162929).
Regarding claim 4, Downey discloses the hollow piece, but does not explicitly disclose that it is cubical.
It nonetheless 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 hollow piece of Downey to have a cubical shape, in order to provide a desired aesthetic appearance and to optimize the size or shape of the hollow piece to accommodate differently sized blinds. It is noted that it has been held that a shape or configuration of a claimed element is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed element was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Downey (U.S. Patent Application Publication No. 2002/0162929) in view of Onyegasi (U.S. Patent No. 2020/0375385).
Regarding claim 18, Downey discloses that the bracket is mounted to the wall [FIG. 6], but does not disclose that it is mounted by a hook and loop tape adhesive system.
Nonetheless, Onyegasi discloses a bracket system (100) mounted to a wall by a hook and loop tape adhesive system (112a, 112b; paragraph 0037).
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 bracket system of Downey to be mounted to the wall with hook and loop fasteners, as taught by Onyegasi, in order to provide a mounting mechanism that enables easy repositioning or removal, and to prevent permanent damage or marring on the wall surface.
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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/ABE MASSAD/Primary Examiner, Art Unit 3634