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
This is a non-final First Office Action on the Merits in application 18/714,800, filed 10/22/2024.
The amendments to claims 2-7, the specification and the abstract in the preliminary amendment filed 5/30/2024 have been entered. The preliminary amendment filed 10/22/2024 has not been entered because the submission does not correspond to the amendments previously filed. The amendments made with the filing of the application are considered to meet the “Notification of Missing Requirements” form mailed 10/17/2024.
Claims 1-7 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/23/2024 and 8/8/2025 are being considered by the examiner.
Drawings
The drawings are objected to because Figs. 1A and 1B have not been shown in Fig. 1(see para. [0018], and Figs. 3A and 3B as examples).
The drawings are objected to because Figs. 4A and 4B and 4C have not been discussed in the specification(see para. [0018] and Fig. 4A-C).
The drawings are objected to because Figs. 6A, 6B, 6C and 6D have not been discussed in the specification(see para. [0018] and Fig. 6A-D).
The drawings are objected to because 1a in Figs. 1 and 2 appears to be directed to side wall parts 1b and not to a top of the body and should be changed to 1B, and 1a added to denote the top of the body.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 35t(see Fig. 4A).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 100(see pars. [0028] and [0030]).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “31” has been used to designate both the coupling body and rod(see Figs. 4A, and 4B-C with 31 denoting the coupling body).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in at least para. [0021] “arrow ab” and “arrow ef” should be changed to “arrows a and b” and “arrows e and f”, respectively(and throughout the remained of the specification).
Appropriate correction is required.
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.
Claim 5 is 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.
In claim 5, line 4, “the engaged portions” has no antecedent basis.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ri(JP2002159395; cited on IDS filed 8/23/2024).
Ri discloses a curtain hanging device(see Fig. 1a), comprising:
a plurality of runners(2) each provided with a hanging ring(3) to be engaged with a curtain hook provided on a curtain(see para. [0008]); and
a coupling body(13, see Figs. 3a-c and 4a-d) having a tape shape, capable of being accommodated in an inner space of a curtain rail body(13 is attached to an upper end of 2 which is within body 1 meeting the claim limitation, see para. [0014] and Figs. 1 and 4) that holds the plurality of runners in a travelable state(see Fig. 4a-d), and detachably attached to the plurality of runners via a plurality of engagement bodies(2, see Fig. 2) provided at predetermined intervals(see Figs. 4a-d and 5a-b).
Regarding claim 2, Ri discloses the curtain hanging device according to claim 1, wherein the curtain rail body is a cylindrical body(1), has a groove portion(opening receiving 2, see Fig. 1a) provided in a bottom wall part(considered wall with groove portion, see Fig. 1a) forming the cylindrical body along a longitudinal direction with respect to the bottom wall part, and a width in a short-side direction orthogonal to the longitudinal direction of the coupling body(13) is longer than a width of the groove portion(the coupling body 13 is held in place via 5 and the width of the coupling body is greater than a width of the portion of the runner denoted as 2 in Fig. 1b and therefore the claim limitation is considered met).
Regarding claim 4, Ri discloses the curtain hanging device according to claim 1, wherein the runners(2) each have a wheel(4) rotatably supported, and a cover(considered lower portions of 1 because the wheel is covered thereby, see Fig. 1a) with which the wheel is covered(see Fig. 1a).
Claims 1, 3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silent Glass International Ltd(GB2435410; cited on IDS filed 8/23/2024).
Silent Glass International discloses a curtain hanging device, comprising:
a plurality of runners(6) each provided with a hanging ring(12) to be engaged with a curtain hook provided on a curtain(see page 4, lines 12-19); and
a coupling body(40) having a tape shape, capable of being accommodated in an inner space of a curtain rail body(2, see Figs. 1A and 1B) that holds the plurality of runners in a travelable state(see Fig. 1A), and detachably attached to the plurality of runners via a plurality of engagement bodies(34, see Figs. 1A, 3 and 4) provided at predetermined intervals.
Regarding claim 3, Silent GIass International discloses the curtain hanging device according to claim 1, wherein the engagement bodies(34) each have a C-shaped engagement portion(bottom of upper semi circular portion, top of lower semi circular portion and portion therebetween), and detachably engage with engaged portions(8) of the runners(see Figs. 6 and 7).
Regarding claim 5, Silent GIass International discloses the curtain hanging device according to claim 1, wherein the engagement bodies(34) are rotatable in a state in which the engagement bodies(34, member 34 can be rotated meeting the claim limitation) are engaged with engaged portions(8) of the runners(see Fig. 6).
Regarding claim 6, Silent GIass International discloses the curtain hanging device according to claim 1, wherein the coupling body, a folded portion is formed by pleating(the curtain is considered folded and pleated when the runners are moved to one of the ends of the rail body meeting the claim limitation).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Silent GIass International in view of Lopez(WO2020/099694; cited on IDS filed 8/23/2024).
Silent GIass International discloses the curtain hanging device of claim 1 but lacks the width of the coupling body greater than a width of the groove portion.
Lopez discloses a curtain hanging device(see Fig. 1), comprising: a plurality of runners(1) each provided with a hanging ring(see Fig. 3a) to be engaged with a curtain hook provided on a curtain(see para. [0031] and Fig. 4); and a coupling body(6) having a tape shape(see para. [0036] and Fig. 2) capable of being accommodated in an inner space of a curtain rail body(2, see Fig. 2) that holds the plurality of runners in a travelable state(see para. [0037]), and attached to the plurality of runners via a plurality of engagement bodies(34, see Figs. 1A, 3 and 4) provided at predetermined intervals, the curtain rail body(2) is a cylindrical body(see Figs. 1A and 1B), has a groove portion(4) provided in a bottom wall part forming the cylindrical body along a longitudinal direction with respect to the bottom wall part(see page 4, lines 3-5 and Fig. 3), and a width in a short-side direction orthogonal to the longitudinal direction of the coupling body(6) is longer than a width of the groove portion(see para. [0036]).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to have provided the width of the coupling body greater than a width of the groove portion, such as disclosed by Lopez, with a reasonable degree of success, in order to have prevented the coupling body from falling into the groove portion and hiding the body from exterior view given the intended use of the device and specific design requirements thereof.
Allowable Subject Matter
Claim 7 is 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.
No prior art of record shows a hanging device having runner and a coupling body detachably attached to the runners and having bars as claimed, nr any motivation to do so.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETH A. AUBREY whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/
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