DETAILED ACTION
The following Final Office Action is in response to the amendment filed 7/20/2026.
Status of the claims: Claims 1,2 and 4-16 are hereby examined below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 5 recites the “two surfaces are formed symmetrically to a center plane of the body of the roller shutter at a reflex angle around the hook”. It is unclear where there is support for the limitation “at a reflex angle around the hook” in the specification as filed. As such it is considered new matter.
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 1,2 and 4-16 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.
Claims 1 and 10 recite “a chamber for receiving the hook” and “such that the hook is received in either one of said two parts of the chamber”. As written, this appears to recite that the hook at the head end of the body is received in the chamber at the foot end. Examiner believes it should be clarified that the hook which is received in the chamber is on the body of an adjacent roller shutter rod.
Claim 5 recites “two surfaces are formed symmetrically to a center plane of the body of the roller shutter at a reflex angle around the hook”. Examiner does not know what a “reflex angle around the hook” means and this is not described in the specification as filed.
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, 2, 6,8-10,12,13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernd DE102007003539.
In regard to claim 1, Bernd ‘162 discloses a roller shutter rod (1), comprising a body (2, Fig. 1) having a head end (4, Fig. 1) and a foot end (5, Fig. 1), wherein a hook (6, Fig. 1) is arranged at one (head end) of the two ends of the body and a chamber (8, Fig. 1) for receiving the hook (84) is formed at the other (foot end) of the two ends ,and wherein the chamber (8) is formed in two parts (above and below 11, Fig. 1) such that the hook (6) is received in either one of said two parts of the chamber (8) in such a way that it enables the hook (84) to be received in two directions opposite to a center plane of the roller shutter rod, wherein the chamber (8) has an inner profile inside the body facing the head end (4) which is formed in cross-section as two curved segments arranged abutting next to each other.
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In regard to claim 2, Bernd ‘539 discloses wherein the hook (6) is arranged at the head end (4) and the chamber (8) is arranged at the foot end (5).
In regard to claim 6, Bernd ‘539 discloses, wherein the chamber (8) is arranged in a lower corner portion of the foot end (5) and the hook (6) is arranged at the head end (4).
In regard to claims 8,12 and 13 Bernd ‘539 discloses roller shutter (10) comprising a plurality of roller shutter rods (1). (Fig. 2)
In regard to claims 9 and 16, Bernd ‘539 discloses wherein, in a closed state, the hooks (6) tilt in opposite directions in each case to the center plane of the roller shutter rod in the chamber (8) of which they are arranged, by an angle which is between approximately 8° and approximately 14°, and is approximately 12°.
In regard to claim 10, Bernd ‘539 discloses a roller shutter comprising one or more (every other one) first roller shutter rods (1) and one or more second roller shutter rods (1) (every other one between the first roller shutter rods) (Fig. 2), the second roller shutter rods each comprising a body (2) having a head end (4) and a foot end (5), wherein a hook (6) is arranged at the foot end (5) and a chamber (8) for receiving the hook is formed at the head end (4), and wherein the chamber (8) is formed in two parts in such a way that it enables the hook to be received in two directions opposite to a center plane of the roller shutter rod.
Alternatively, in regard to claim 1, Bernd ‘569 DE ‘162 discloses a roller shutter rod (1), comprising a body (2) having a head end (5) and a foot end (4), wherein a hook (6) is arranged at one (foot end, 4) of the two ends of the body and a chamber (8) for receiving the hook (6) is formed at the other (head end,5) of the two ends ,and wherein the chamber (8) is formed in two parts (above and below 11, Fig. 3) in such a way that it enables the hook (6) to be received in two directions opposite to a center plane of the roller shutter rod.
In regard to claim 7, Bernd ‘539 discloses wherein the chamber (8) is arranged at the head end (5) and the hook (6) at the foot end (4).
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 4-5 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bernd DE102007003539 in view of Gom DE2838827.
In regard to claim 4, Bernd ‘539 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 discloses 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 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, Bernd ‘539 as modified by Gom ‘867 disclose wherein the two surfaces (26, Gom ‘867) are formed symmetrically to a center plane of the body of the roller shutter rod.
In regard to claims 14-15, Bernd ‘539 discloses roller shutter comprising a plurality of roller shutter rods (1). (Fig. 2)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bernd DE102007003539 in view of EP1528218.
In regard to claim 11, Bernd ‘539 discloses a plurality of roller shutter rods (1). (Fig. 2)
Bernd ‘539 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 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.
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 Bernd ‘539 discloses “the chamber has an inner profile inside of the body facing the head end, which is formed in cross-section as two curved segments arranged abutting next to each other” as is now claimed by the applicant.
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 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
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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