DETAILED ACTION
The following Non-Final Office Action is in response to the RCE filed 9/8/2026.
Status of the claims: Claims 1,3-10 and 12-22 are hereby examined below.
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 1,3-10 and 12-22 are rejected under 35 U.S.C. 1032 as being unpatentable over Graichen US 2009/0139664 in view of DE 3124267.
In regard to claim 1, Graichen ‘664 discloses a vertical blind (10) comprising a plurality of vertically arranged shading elements (18), each of the vertically arranged shading elements having a shape of a strip, Swivel hooks (24), wherein the shading elements (18) are held in the swivel hooks (24) to be pivotable about a vertical axis; and intermediate elements (14), each of the intermediate elements having a shape of a strip, two shading elements (18) being arranged on longitudinal sides of an associated one of the intermediate elements (14) and the two shading elements (18), together with the associated intermediate element (14) forming a blind element, wherein a plurality of mutually separate blind elements are provided, and wherein mutually adjacent shading elements (18) of mutually adjacent blind elements are held by an associated common swivel hook (24), and wherein each of the associated common swivel hooks (24) comprises receiving means (opening within 24, 24a) for the two adjacent shading elements (18), (Figures 9B and 10 show that two adjacent shading elements are held), wherein each of the associated common swivel hooks (24) is configured to connect the adjacent shading elements (18) to one another, the receiving means (space within 24, 24a) comprising a common receptacle (space) for the adjacent shading elements (18).
Graichen ‘664 fails to disclose the receiving means comprising separate receptacles for the adjacent shading elements.
With reference to Figure 6, DE ‘267 discloses separate receptacles (32)(33) for the adjacent shading elements. 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 Graichen ‘664 to make the receiving means comprise separate receptacles as taught by DE ‘267 for the purpose of allowing each individual shading element to be held separately. Such would allow manipulation of a single shading element without having to handle two shading elements at once.
In regard to claim 10, Graichen ‘664 disclose a vertical blind comprising a plurality of mutually separate blind elements , each of the blind elements comprising two vertically extending shading elements (18) and a vertically extending intermediate element (14), wherein each of the two shading elements (18) is connected to one of two spaced apart longitudinal edges of the intermediate element(14); and swivel hooks (24) configured to swivel about a vertical axis, each of the swivel hooks (24) comprising a receiving device (open space and 24a) configured to receive two adjacent shading elements (18) of two adjacent blind elements, wherein each of the swivel hooks (24) is configured to connect the adjacent shading elements (18) to one another, wherein the receiving device (space within 24, 24a) comprises a common receptacle (space) for the adjacent shading elements (18).
Graichen ‘664 fails to disclose the receiving means comprising separate receptacles for the adjacent shading elements.
With reference to Figure 6, DE ‘267 discloses separate receptacles (32)(33) for the adjacent shading elements. 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 Graichen ‘664 to make the receiving means comprise separate receptacles as taught by DE ‘267 for the purpose of allowing each individual shading element to be held separately. Such would allow manipulation of a single shading element without having to handle two shading elements at once.
In regard to claims 3 and 12, Graichen ‘664 disclose the receiving means comprises at least one hook (24a) with a retaining section (curved end, shown below) for the adjacent shading elements (18).
In regard to claims 4 and 13, Graichen ‘664 discloses wherein the hook (24a) is assigned a guide means (shown below) for guiding the shading element (18) to the retaining section (24a) and for securing the shading element (18) thereto.
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In regard to claims 5 and 14, Graichen ‘664 discloses wherein the guide means (shown above) comprises a spring tab (shown above, must be flexible for 18 to be inserted) which has a stop (shown above), in particular of resilient configuration, for limiting the path of insertion of the shading element (18) into the receiving means , the stop (shown above) in particular interacting with a stop (bottom surface of 24a) assigned to it on the hook (24a).
In regard to claims 6 and 15, Graichen ‘664 discloses an upper rail (22), wherein the swivel hook (24) is guided to move along the upper rail (22).
In regard to claims 7 and 16, Graichen ‘664 discloses wherein the shading elements (18) have a greater rigidity than the intermediate elements (14) and are configured to provide greater shading than the intermediate elements (paragraph [0041]).
In regard to claims 8 and 18, Graichen ‘664 discloses wherein the intermediate elements (14) are connected along their longitudinal edges thereof to the adjacent shading elements (18) and formed in one piece. (via a woven construction (paragraph [0023])
In regard to claims 9 and 19, Graichen ‘664 discloses a drive (cord) for moving the swivel hooks (24)
In regard to claim 11, Graichen ‘664 discloses wherein each of the swivel hooks (24) is configured to connect the two adjacent shading elements (18) to each other, wherein the receiving device comprises a common receptacle (open space)for receiving the adjacent shading elements (18)
In regard to claim 17, Graichen ‘664 discloses the shading elements (18) each form a light barrier.
In regard to claims 20, Figure 14 of Graichen appears to disclose operating cords. Graichen ‘664 fails to explicitly disclose a drive comprising a motor, ball chain or centrifugal rod gear.
The examiner takes Official Notice that it is old and well known to use a motor, ball chain or centrifugal rod gear to move swivel hanging hooks and one having ordinary skill in art would have known to use such in order to provide a means for a user to open and close the blinds.
Examiner acknowledges applicant’s acceptance of examiner’s Official Notice that it is well known in the art to use a motor, ball chain or centrifugal rod gear to operate a vertical blind. Applicant’s lack of arguments or traversal results in the Official Notice being acknowledged as admitted prior art. Per MPEP 2144.03 [R-1] (C) (emphasis by examiner):
If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate. If the traverse was inadequate, the examiner should include an explanation as to why it was inadequate.
Thus the issues are considered admitted prior art.
In regard to claim 21, Graichen ‘664 as modified by DE ‘267 discloses wherein each of the swivel hooks (24, Graichen ‘664) comprises a swivel hook portion (as taught by DE ‘267, shown below) located between a first one of the two adjacent shading elements (18, Graichen ‘664) and a second one of the two adjacent shading elements (18, Graichen ‘664), wherein the swivel hook portion (shown below) extends parallel to a longitudinal axis of at least one of the first one of the two adjacent shading elements and the second one of the two adjacent shading elements.
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In regard to claim 22, Graichen ‘664 discloses wherein the common swivel hook (24, Graichen ‘664) comprises a common swivel hook portion (DE ‘267, shown above) located between one of the adjacent shading elements (18, Graichen ‘664) and another one of the adjacent shading elements (18, Graichen ‘664), wherein the swivel hook portion (shown above) extends parallel to a longitudinal axis of at least one of the first one of the two adjacent shading elements and the second one of the two adjacent shading elements.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. Newly applied reference DE ‘267 discloses a hook having separate receptacles as is now claimed.
In response to applicant’s argument that a person of ordinary skill in the art understands the term “strip” based on its ordinary meaning. Examiner believes the meaning of strip to be a narrow piece, comparatively long and of uniform width.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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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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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
