DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 7/19/2024.
Status of the claims: Claims 1-16 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 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 5-7 and 10-11 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 5 recites “roof-shaped”. It is unclear what is required to be “roof-shaped” as a roof can have many shapes.
Claims 6 and 7 recite “foot-shaped”. It is unclear what is required to be “foot-shaped” as a foot can be many shapes.
Claim 10 recites “a first number of roller shade rods according to claim 6” and a second number of roller shade rods”. Are the first number of roller shade rods different from the second number of roller shade rods? This language is somewhat confusing.
Claim 11 recites “a web provided for this purpose”. It is unclear what exactly “this purpose” is referring to.
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, 2, 6-10,12 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE4234162.
In regard to claim 1, DE ‘162 discloses a roller shutter rod, comprising a body (12, Fig. 2) having a head end (72, Fig. 2) and a foot end (74, Fig. 2), wherein a hook (84, Fig. 2) is arranged at one (head end) of the two ends of the body and a chamber (90, Fig. 2) for receiving the hook (84) is formed at the other (foot end) of the two ends ,and wherein the chamber (90) is formed in two parts (on opposite sides of 44, Fig. 3) in such a way that it enables the hook (84) to be received in two directions opposite to a centre plane (44) of the roller shutter rod. (shown in Fig. 4)
In regard to claim 2, DE ‘162 discloses wherein the hook (84) is arranged at the head end (72) and the chamber (90 is arranged at the foot end (74).
As best understood, in regard to claim 6, DE ‘162 discloses, wherein the body has a foot-shaped design having a foot tip (at 66), and the chamber (90) is arranged in the foot tip at the foot end and the hook (84) is arranged at the head end.
In regard to claims 8 and 12 DE ‘162 discloses roller shutter (10) comprising a plurality of roller shutter rods (formed by 12)
In regard to claims 9 and 16, DE ‘162 discloses wherein, in a closed state, the hooks (84) tilt in opposite directions (Fig. 4) in each case to the centre plane (44) of the roller shutter rod in the chamber (90) of which they are arranged, by an angle which is between approximately 8° and approximately 14°, and is approximately 12°. (shown in Fig. 4)
In regard to claim 10, DE ‘162 discloses a roller shutter (10) comprising a first number(every other one) of roller shutter rods and a second number (every other one between the first number) of roller shutter rods, the second number of roller shutter rods each comprising a body (12) having a head end (74) and a foot end (72), wherein a hook (84) is arranged at the foot end (72) and a chamber (90) for receiving the hook is formed at the head end (74), and wherein the chamber (90) is formed in two parts in such a way that it enables the hook to be received in two directions opposite to a centre plane (44) of the roller shutter rod (Fig. 4).
Alternatively, in regard to claim 1, DE ‘162 discloses a roller shutter rod, comprising a body (12, Fig. 2) having a head end (74, Fig. 2) and a foot end (72, Fig. 2), wherein a hook (84, Fig. 2) is arranged at one (foot end) of the two ends of the body and a chamber (90, Fig. 2) for receiving the hook (84) is formed at the other (head end) of the two ends ,and wherein the chamber (90) is formed in two parts (on opposite sides of 44, Fig. 3) in such a way that it enables the hook (84) to be received in two directions opposite to a centre plane (44) of the roller shutter rod. (shown in Fig. 4)
In regard to claim 7, DE ‘162 discloses wherein the body (of 12) has a foot-shaped design.
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 3-5 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over DE4234162 in view of Gom DE2838827.
In regard to claim 3, DE ‘162 recites wherein the chamber (90) has an inner profile inside the body (12) facing the head end, which is formed in cross-section as two C shaped segments arranged next to each other (on opposite sides of 44, show in Fig. 4). DE ‘162 fails to disclose the cross section is two curved sections arranged next to each other. With reference to Figure 6, Gom ‘827 discloses the chamber (at 44, bottom) has an inner profile inside the body which is formed in cross-section as two curved segments (bottommost portions) arranged next to each other.
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 DE ‘162 to make the inner profile be formed as two curved segments next to each other as taught by Gom ‘867 as such is shown as a known arrangement for interacting with the hook of a panel.
In regard to claim 4, DE ‘162 fails to recite wherein the head end has two surfaces which are beveled towards each other and converge towards a common tip on which the hook is arranged.
With reference to Figures 3 and 6, Gom ‘867 dislcoses wherein the head end has two surfaces (26, Fig. 3) which are beveled towards each other and converge towards a common tip on which the hook (32) is arranged.
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 DE ‘162 to make the head have two beveled surfaces as taught by Gom ‘867 as such would provide a desired pivoting characteristic.
In regard to claim 5, DE ‘162 as modified by Gom ‘867 disclose wherein the two surfaces (26, Gom ‘867) are formed roof-shaped symmetrically to a centre planeof the body of the roller shutter rod.
In regard to claims 13-15, DE ‘162 discloses roller shutter (10) comprising a plurality of roller shutter rods (formed by 12)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over DE4234162 in view of EP1528218.
In regard to claim 11, DE ‘162 fails to disclose one or more laterally inserted locking pieces, which are designed in such a way that the one or more locking pieces are hooked into a guide rail behind a piping channel or behind a web provided for this purpose by an inward and outward rotary movement.
With reference to Figure 3B, EP ‘218 discloses one or more laterally inserted locking pieces (7), which are designed in such a way that the one or more locking pieces (7) are hooked into a guide rail (2) behind a piping channel (6,9).
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 DE ‘162 to include a laterally inserted locking piece as taught by EP ‘218 for the purpose guiding the device and preventing removal upon application of an external force.
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