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
Election/Restriction
This application contains claims directed to the following patentably distinct species: specie 1 to figure 1-7, specie 2 to figure 8, specie 3 to figure 9. The species are independent or distinct because each specie has features different and distinct from the others. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claim 1 is generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: the searches for the different distinct features would be burdensome.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Alex Hu on 4/2/2026 a provisional election was made without traverse to prosecute the invention of specie 1. Affirmation of this election must be made by applicant in replying to this Office action.
Applicant’s election of figures 1-7 to specie in the reply filed on 4/2/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 6-8 appear to read on the non-elected species and are hereby withdrawn from prosecution.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 9 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Nien (11223218).
Nien figures 3, 17-19, 2435-37b, shows an electric curtain, comprising a guide rail(2111, figure 18), a telescopic rod(41, figure 3), and a power supply(figure 24), wherein a telescopic end of the telescopic rod is provided with a connecting butt-joint piece(52, m8, 521, figure 36), the connecting butt-joint piece is provided with a power output end, the power output end(42) is electrically connected to the power supply, and the connecting butt-joint piece is provided with a support piece(52, 521); the guide rail is provided with a connecting butt-joint part(26) and a power storage apparatus(battery),
the connecting butt-joint part is provided with a power input end, the power input end is
connected to the power storage apparatus, the connecting butt-joint part is detachably connected to the connecting butt-joint piece, the connecting butt-joint part is configured to butt the power input end with the power output end, the power input end is configured to receive power input by the power output end and charge the power storage apparatus, the connecting butt-joint part is further provided with a support part, and the support part is matched with the support piece to support the telescopic rod on the guide rail (see figure 37b, 41b).
Per claim 2, Nien further discloses the connecting butt-joint piece is
detachably connected to the connecting butt-joint part in one of a clamped connection manner(figure 37b), a threaded connection manner, a mortise and tenon connection manner, or an inserted connection manner(figure 37b).
Per claim 3, Nien figure 37b further shows the connecting butt-joint piece is a
clamping piece(per 521), one end of the clamping piece is connected to the telescopic end of the telescopic rod, a free end(at 521) of the clamping piece is provided with a butt joint, and the power output end is arranged at the butt joint; and the connecting butt-joint part is a clamping part connected to an outer wall of the guide rail,
the clamping part protrudes out of the outer wall of the guide rail, a butt-joint groove(26) is formed in the clamping part, the power input end corresponds to the position of the butt-joint groove, the butt joint is detachably connected to the butt-joint groove, and when the butt joint is clamped and fixed in the butt-joint groove, the power input end is electrically connected to the power output end.
Per claim 9, Nien further shows the telescopic rod further comprises a
plurality of telescopic sleeves, wherein the plurality of telescopic sleeves(414s) are telescopically sleeved in sequence, and the power output end is arranged on the uppermost telescopic sleeve; the power supply is a power supply battery(figure 11; 431), the power supply battery is arranged in the telescopic sleeve, and the power supply battery is electrically connected to the power output end; and the guide rail is provided with a motor, the motor is electrically connected to the power storage apparatus, a controller(display unit; detection circuit) is further arranged in the telescopic sleeve, and the controller is connected to the motor through a signal.
Allowable Subject Matter
Claims 4-5 are 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.
The following is a statement of reasons for the indication of allowable subject matter: prior art does not provide sufficient motivation to modify Nien to show the connecting part protrudes out of the outer wall of the guide rail, one end, away from the butt joint, of the clamping piece is provided with an arc-shaped limiting support groove, one end, away from the power input end, of the butt-joint groove is provided with an arc-shaped limiting support protruding block in combination with other claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different curtain powering systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI D Tran whose telephone number is (571)272-6864. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/PHI D A/Primary Examiner, Art Unit 3633
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