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 .
DETAILED ACTION
Election/Restrictions
Claims 5-7, 13, 15 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 24 November 2025.
Claim 5 describes a non-elected Species. The engagement portion shown in elected Figs. 3A-3D is not detachably attachable to the anchor portion.
Claim Objections
Claim 9 is objected to because of the following informalities: In line 1, the phrase “through opening” should be replaced by --through-opening-- to be consistent with claim 1. Appropriate correction is required.
Drawings
The drawings were received on 22 July 2026. These drawings are not entered. Newly submitted Fig. 1 includes depictions of the plurality of holes and a further mounting strip. However, while the presence of these structures is supported, the detail which Applicant has now provided these structures in the newly submitted Fig. 1 is not supported. The shape of the holes, their relative size and positioning and the manner in which holes and mounting strips are provided on the additional panel edge was not sufficiently described to support the details not provided.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 8-12, 14, 16, 18 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akashi (US 5,291,632) in view of Mazzarelle (US 3,638,711).
Regarding claim 1, Akashi discloses an apparatus comprising an assembly, a structure comprising a plurality of mounting points, and at least one connection element, wherein:
the assembly includes a panel element (14) and at least one mounting strip (6, H) wherein the least one mounting strip is affixed with respect to the panel element (Fig. 1 as shown);
the mounting strip comprising a strip element (6) and a plurality of engagement elements (H; Column 3, line 33 describes wherein there are a plurality of devices), each said engagement element including:
an anchor portion (4) configured for anchoring the respective engagement element to the strip element; and
an engagement portion (2) including a through-opening wherein said engagement portion includes a loop structure (hook shape as shown in Fig. 2) defining said through-opening therein (Fig. 2 shows the hook with a through-opening);
wherein at least the anchor portion is provided as an injection molded article, directly molded onto said strip element (Column 2, line 57-59), the anchor portion thereby being non-movably and non-reversibly mounted with respect to the strip element (Figs. 1-4 as shown);
wherein the engagement portions of the engagement elements of the assembly are connected to the plurality of mounting points by the at least one connection element (15); and
Akashi et al. fails to disclose wherein the at least one connection element comprises a cord element threaded in an alternating fashion between the mounting points and the loop structures of the engagement portions.
Mazzarelle teaches a device wherein a cord (16) threaded in an alternating fashion between mounting points (13) and loop structures (23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use alternating threaded cord suspension of a curtain as demonstrated by Mazzarelle. The cord suspension would allow a user to adjustably determine the curtain height when used in an environment wherein blocking the view near the ceiling is not critical such as would be found in hospital settings.
Regarding claim 2, Akashi further discloses wherein the mounting strip comprises an elongate configuration having a longitudinal dimension greater than a width dimension thereof (Fig. 1 as shown) but fails to specify the longitudinal dimension is at least twice a width dimension. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to maximize the ratio of the longitudinal dimension in relation to the width such that a curtain’s drape characteristics are maintained. As discussed in MPEP 2144.05 (citing In re Aller, 220 F.2d 454, 456 (CCPA 1955)), where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art.
Regarding claim 3, Akashi further discloses wherein the mounting strip is configured for affixing with respect to a panel element (Fig. 1 as shown).
Regarding claim 4, Akashi further discloses wherein the mounting strip is configured as a multi-purpose belt or strap, for facilitating mounting multiple items thereto (the device as shown can be used in the claimed manner).
Regarding claim 8, Akashi further discloses wherein the mounting strip comprises at least one cordelle (Fig. 1 shows a circular cross section portion along the top edge of tape 6) at an edge of the strip element, and a slot (between 4a and 4b) in each of the anchor portions, the slot comprising a circular portion arranged to engage with the cordelle (Figs. 2 as shown).
Regarding claim 9, Akashi further discloses wherein said through opening defines a passage axis different from a longitudinal axis of the anchor portion (Figs. 1-6 as shown).
Regarding claim 10, Akashi further discloses claim 9, including one of:
- wherein said passage axis is one of substantially parallel to said longitudinal axis (Fig. 2 as shown);
- wherein said passage axis is substantially orthogonal to said longitudinal axis;
- wherein said passage axis is oriented at an acute angle to said longitudinal axis.
Regarding claim 11, Akashi further discloses mounting system according to claim 1, including one of:
- wherein said loop structure is in the form of a body of material at least partially circumscribing and thereby defining the through-opening (Fig. 2 as shown);
- wherein said loop structure is in the form of a body of material at least partially circumscribing and thereby defining the through-opening, and, wherein the body of material comprises at least one partial ring-shaped structure having an opening in the ring structure, the opening being a gap either at a central portion of the ring distal from the anchoring portion, or at a side portion of the ring between the central portion and the anchoring portion;
- wherein said loop structure is in the form of a body of material at least partially circumscribing and thereby defining the through-opening, and, wherein the body of material comprises at least one partial ring-shaped structure having an opening in the ring structure, the opening being a gap either at a central portion of the ring distal from the anchoring portion, or at a side portion of the ring between the central portion and the anchoring portion, and, wherein the relative sizes of the gap and the through-opening are such as to allow the loop-structure to engage with a cable passing through the through- opening, and to allow the loop-structure to become disconnected from the cable via the gap under loads above a pre-determined threshold;
- wherein a transverse cross-sectional area of the through-opening is configured to be larger than a transverse cross-sectional area of a connection element configured to be passed therethrough;
- wherein said loop structure is in the form of a body of material fully circumscribing and defining the through-opening, wherein a first part of the loop structure is defined by the base element, while a second part of the loop structure is defined by a C-shaped element joined to the base element; and wherein the through-opening is configured to allow passage of a connection element through the loop structure along a passage axis.
Regarding claim 12, Akashi further discloses including one of:
wherein the engagement elements are arranged on a first edge portion of the strip element (Column 3, lines 33-40);
wherein the engagement elements are arranged on a first edge portion of the strip element, and, wherein the mounting strip comprises two layers joined together at the first edge portion and, when not connected to a panel, separated at a second edge portion of the strip element.
Regarding claim 14, Akashi further discloses wherein the mounting strip is affixed at a second edge portion thereof to the panel element (Fig. 1 as shown).
Regarding claim 16, Akashi further discloses wherein the mounting strip is affixed to an edge of the panel element (Fig. 1 and 2 as shown), or to a portion of the panel element spaced from an edge thereof.
Regarding claim 18, Akashi further discloses wherein affixing comprises at least one of sewing, stapling welding, melting or adhering (Column 3, line 35-37).
Regarding claim 20, Akashi discloses a method of providing a mounting system, the mounting system comprising an assembly, a structure comprising a plurality of mounting points, and at least one connection element, the method comprising:
providing the assembly, the assembly including a panel element (14) and at least one mounting strip (6, H), wherein the least one mounting strip is affixed with respect to the panel element (Figs. 1 as shown), the mounting strip comprising a strip element (6) and a plurality of engagement elements (H; Column 3, line 33 describes wherein there are a plurality of devices), each said engagement element including:
an anchor portion (4) configured for anchoring the respective engagement element to the strip element; and
an engagement portion (2) including a through-opening (Fig. 2 shows an opening in the hook);
wherein at least the anchor portion is provided as an injection molded article, directly molded onto said strip element (Column 2, line 57-59 provides this injection molding), the anchor portion thereby being non-movably and non-reversibly mounted with respect to the strip element (Figs. 1-4 as shown).
Akashi fails to disclose connecting the engagement portions of the engagement elements of the assembly to said plurality of mounting points using said at least one connection element by threading the at least one connection element in an alternating fashion between the mounting points and the loop structures of the engagement portions, wherein the at least one connection element comprises a cord element.
Mazzarelle teaches a device wherein a cord (16) threaded in an alternating fashion between mounting points (13) and loop structures (23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use alternating threaded cord suspension of a curtain as demonstrated by Mazzarelle. The cord suspension would allow a user to adjustably determine the curtain height when used in an environment wherein blocking the view near the ceiling is not critical such as would be found in hospital settings.
Regarding claim 21, Akashi further discloses providing the injected molded article via the step of injection molding the plurality of anchor portions with respect to the strip element (Column 2, line 57-59 provides this injection molding).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Akashi et al. and Mazzarelle as applied to claim 1 above, and further in view of Obrien (US 4,558,475).
Regarding claim 19, the combination of Akashi and Mazzarelle discloses the invention except for wherein the panel element comprises at least one further said mounting strip affixed thereto.
O’Brien teaches an apparatus wherein a curtain (30) is secured at a top and bottom (Figs. 1 and 2 as shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a mounting strip at an opposite end of the panel of Akashi et al. when a curtain is meant to be held such that wind or rain would normally push a curtain in an undesired direction.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
