DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 3/28/2024.
Status of the claims: Claims 18-33 are hereby examined below.
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 Objections
Claim 32 is objected to because of the following informalities: Claim 32 recites “the covering material is attached to the enclosure and extends to the bottom end of the covering material”. Examiner presumes this should read – the covering material is attached to the enclosure and extends to the bottom of the enclosure -- .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 27,30 and 33 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 27 states that the second side of the body is open and absent of material. It is unclear what exactly it means to be “absent of material”. Does this mean there is no material at all on the second side, or just that there are open spaces?
Claim 30 recites “ a second lift ring against with the first cord and second cord, respectively, abut as the first and second cords wind around the roller tube”. This language is grammatically confusing and unclear.
Claim 33 recites “a second side that is open and absent of material”. It is unclear what exactly it means to be “absent of material”. Does this mean there is no material at all on the second side or just that there are open spaces?
Claims are being examined as best understood.
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 18-23 and 28-33 are rejected under 35 U.S.C. 103 as being unpatentable over KR 200496546 in view of Kirby et al US 2015/0075732.
In regard to claim 18, with reference to Figures 1-6, KR ‘546 discloses a window treatment system comprising: a rotatably couple roller tube (7, Fig. 1); a covering material (1, Fig. 1) extending from a location adjacent to the roller tube (7) to a bottom end; a lift ring (8, Fig. 6) extending around the roller tube (7), the lift ring (8) having a body that extends from a first end (left side of 18a, Fig. 6) to a second end (right side of 18a, Fig. 6) and defines a central opening (hole through the middle) that receives the roller tube (7), the first end (left side of 18a) of the body spaced apart from the second end (right side of 18a) by a gap (18a); and a cord (4, Fig. 1) having one end attached to the roller tube via the lift ring (8), the cord also attached to a second end attached to the bottom end of the covering material (1), the cord (4)windingly received around the roller tube (7) such that the bottom end of the covering material (1) may be raised and lowered in response to rotations of the roller tube (7) in first and second angular directions, respectively; wherein the roller tube (7) is received in the central opening of the body (of 8), the first end (left side of 18a) of the body configured to be attached (via the top of 18a) to the second end (right side of 18a) of the body for fixedly attaching the lift ring to the roller tube.
KR ‘546 fails to disclose first and second brackets for mounting the window treatment system to a structure. With reference to Figure 1A, Kirby et al ‘732 disclose first and second brackets (14, left and right) for mounting the window treatment system to a structure. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of KR ‘546 to include first and second brackets as taught by Kirby et al ‘732 for the purpose of holding the roller tube in place for use.
In regard to claim 19, KR ‘546 fails to disclose: a motor drive unit received within a cavity of the roller tube at a first end of the roller tube, the motor drive unit having an end portion supported by the first bracket, the motor drive unit configured to rotate the roller tube for raising and lowering the covering material.
With reference to Figure 1B, Kirby et al ‘732 disclose a motor drive unit (30, Fig. 1B) received within a cavity of the roller tube at a first end of the roller tube (abstract), the motor drive unit having an end portion (at 32b, Fig 1B) supported by the first bracket (shown in Fig. 1A) , the motor drive unit configured to rotate the roller tube for raising and lowering the covering material.
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 KR ‘546 to include a motor drive unit as taught by Kirby et al ‘732 for the purpose of increasing the ease of operation of the device.
In regard to claim 20, KR ‘546 as modified by Kirby et al ‘732 disclose an idler assembly (32a, Fig. 1B, Kirby et al ‘732) supported by the second bracket (14, left, Kirby et al ‘732) and received within the cavity of the roller tube (7, KR ‘546) at the second end of the roller tube, the idler assembly configured to rotatably support the roller tube.
In regard to claim 21,KR ‘546 fails to disclose a housing extending from a first end to a second end and supported by the first and second brackets, the housing configured to receive, at the first end of the housing, one or more batteries for powering the motor drive unit inside the roller tube. With reference to Figure 1A, Kirby et al ‘732 discloses a housing (26) configured to receive, at the first end of the housing, one or more batteries (28, Fig. 1A) for powering the motor drive unit (30) inside the roller tube. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of KR ‘546 to make the housing configured to received one or more batteries as taught by Kirby et al ‘732 for the purpose of powering the drive assembly and any other electrical components. (paragraph [0017])
In regard to claim 22, KR ‘546 as modified by Kirby et al ‘732 discloses wherein the housing (26, Kirby et al ‘732) is also configured to support (provide power to) a lift assistance subsystem (120,124, Fig. 2B Kirby et al ‘732) at the second end of the housing, the lift assistance subsystem configured to provide variable lift assistance to the motor drive unit.
In regard to claim 23, KR ‘546 discloses wherein the cord (4) is configured to abut against the lift ring (8) as the cord winds around the roller tube (7).
In regard to claim 28, KR ‘546 fails to disclose wherein the body is made of an unfilled nylon material. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of KR ‘546 to make the body be formed of an unfilled nylon material as such material is known for high strength, toughness, wear resistance and chemical resistance. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
In regard to claim 29, KR ‘546 discloses wherein the cord (4) comprises a first cord, and the window treatment system further comprises a second cord windingly received around the roller tube. (shown in Fig. 1)
As best understood, in regard to claim 30, KR ‘546 discloses wherein the lift ring (8) comprises a first lift ring, and the window treatment system further comprises a second lift ring (8) against with the first cord (4) and the second cord (4), respectively, abut as the first and second cords wind around the roller tube (7).
In regard to claim 31, KR ‘546 discloses wherein the lift ring (8) comprises a cord-attachment structure (9, Fig. 6) to which the cord (4) is attached.
In regard to claim 32, KR ‘546 discloses an enclosure (5, Fig. 1)in which the roller tube (7) is located; wherein the covering material (1) is attached to the enclosure (5) and extends to the bottom end of the enclosure (5), such that the covering material hangs from the enclosure.
In regard to claim 33, KR ‘546 discloses wherein the body of the lift ring (8) comprises an outer surface (15, Fig. 6) and an inner surface (unnumbered but which contacts the outer surface of the roller 7), the inner surface configured to abut against the roller tube (7), the body of the lift ring further comprising a first side having a sidewall (13, Fig. 6) that extends from the outer surface to the inner surface and a second side (14, Fig. 6) that is open and absent of material (at 18a).
Allowable Subject Matter
Claims 24-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634