DETAILED ACTION
The following Final Office Action is in response to the amendment filed 1/27/2026.
Status of the claims: Claims 1,3-10 and 12-22 are hereby examined below.
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 1-9 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 1 recites “having a shape of a strip”. It is unclear what is require to have a “shape of a strip” as a strip could by many shapes.
Dependent claims are rejected as depending from a rejected claim.
Claims are being 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 1-8 and 10-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graichen US 2009/0139664.
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).
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).
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 claim 21, Graichen ‘664 discloses wherein each of the swivel hooks (24) comprises a swivel hook portion (24a) located between one of the two adjacent shading elements (18) and another one of the two adjacent shading elements (18).
In regard to claim 22, Graichen ‘664 discloses wherein the common swivel hook (24) comprises a common swivel hook portion (24a) located between one of the adjacent shading elements and another one of the adjacent shading elements.
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Graichen US 2009/0139664.
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 or 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.
Response to Arguments
Applicant's arguments filed 1/27/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Graichen ‘664 fails to disclose mutually adjacent shading elements that are held by an associated common swivel hook, wherein each of the associated common swivel hooks is configured to connect the adjacent shading elements to one another and a receiving means comprises a common receptacle, the examiner respectfully disagrees. Paragraph [0030] states that two pairs of panels (12) are disposed adjacent to each other, while Figure 5 shows each of the two pairs of panels (12) being held together by a hanger (24). As shown in Figure 12, the hanger has a common receptacle (open space) as recited in claim 1 and a common hook portion (24a) extending through a hole in the panel (12) as recited in new claims 21 and 22. As such, the claimed limitations are met.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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/JEREMY C RAMSEY/Examiner, Art Unit 3634