DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “latch mechanism” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 16-19 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 16 refers to “the service position” which lacks antecedent basis in the claims. It is not understood what the service position refers to in the claims. Claims 17-19 are rejected for depending from rejected claim 16.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
The claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent Nos. 8,851,141; 9,045,939; 9,249,624; 10,590,700; 9,447,696; and 11,680,445 as further detailed below.
Claims 1-7, 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-9 of U.S. Patent No. US 8,851,141. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite equivalent structure in alternative terms. The pending limitations are copied below with the corresponding patented claim language italicized in parenthesis.
Pending claim 1 corresponds to patented claim 6, which is dependent from claims 1, 2, and 5, as outlined below:
1. A motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising (in patented claim 1: battery-powered motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising):
a headrail arranged to be disposed near a top of the opening, the headrail comprising an external side that faces the opening, an internal side that is opposite the external side, and a top side that is open, the headrail including a compartment configured to receive at least one battery (in patented claim 1: a headrail configured to be disposed near the top of the opening, such that the covering material extends from the headrail, the headrail including a compartment for receiving at least one battery for powering the motor drive unit…in which access is provided to a top side of the headrail; the compartment inherently has an internal and external side);
a covering material arranged to extend from the headrail (in patented claim 1: a covering material; a covering material inherently extends);
first and second mounting brackets (in patented claim 6: two mounting brackets) configured to couple the headrail to the surface (in patented claims 1 and 6: for coupling the headrail to the surface); and
a motor drive unit located inside the headrail and configured to raise and lower the covering material when the headrail is in a first position (in patented claim 1: a motor drive unit configured to control the covering material between a fully-opened and a fully-closed position…wherein the motorized window treatment is adjustable into a service position; the original position corresponds to the first position), the motor drive unit configured to be powered by the at least one battery (in patented claim 1: at least one battery for powering the motor drive unit);
wherein the headrail is adjustable from the first position into a second position in which the top side of the headrail is rotated away from the opening and access is provided to the top side of the headrail to provide access to the at least one battery through the top side, the first and second mounting brackets remaining coupled to the surface and the headrail remaining coupled to the first and second mounting brackets when the headrail is in the second position (in patented claim 1: wherein the motorized window treatment is adjustable into a service position in which access is provided to a top side of the headrail to provide access to the at least one battery through the top side, the mounting bracket remaining coupled to the surface and the headrail remaining coupled to the mounting bracket when the motorized window treatment is in the service position; the original position is the first position and the service position is the second position; in patented claim 5: wherein the headrail is configured…to be rotated away; in patented claim 2: the mounting bracket remains coupled to the surface).
Pending claim 2 corresponds to language in patented claim 5 as outlined below:
2. The motorized window treatment of claim 1, wherein the headrail is configured to be displaced away from the opening and then to be rotated away from the opening (wherein the headrail is configured to be displaced away from the window and then to be rotated away from the window).
Pending claim 3 corresponds to language in patented claim 6 as outlined below:
3. The motorized window treatment of claim 2, wherein the headrail further comprises endcaps located at each side of the headrail (two mounting brackets coupled to endcaps of the headrail).
Pending claim 4 corresponds to patented claim 6 as outlined below:
4. The motorized window treatment of claim 3, wherein the endcaps comprise channels for receiving pins of the first and second mounting brackets, the headrail configured to be moved from the first position into the second position by causing the pins to travel through the channels (the endcaps of the headrail comprising channels for receiving pins of the mounting brackets, the headrail configured to be moved into the service position by causing the pins to travel through the channels; the service position corresponding to the second position).
Pending claim 5 corresponds to patented claim 7 as outlined below:
5. The motorized window treatment of claim 4, wherein the pins are configured to rest in elbows of the channels when the headrail is in the second position (the pins are configured to rest in elbows of the channels when the headrail is in the service position; the service position corresponding to the second position).
Pending claim 6 corresponds to patented claim 8 as outlined below:
6. The motorized window treatment of claim 2, wherein each of the first and second mounting brackets comprises a plate that slides through the respective mounting bracket to displace the headrail away from the opening (wherein the mounting bracket comprises a plate that slides through the mounting bracket to thus displace the headrail away from the window).
Pending claim 7 corresponds to patented claim 9 as outlined below:
7. The motorized window treatment of claim 6, wherein the plate of each of the first and second mounting brackets is configured to pivot with respect to the respective mounting bracket to rotate the top side of the headrail away from the opening (wherein the plates are configured to pivot with respect to the mounting brackets to rotate the top side of the headrail away from the window).
Pending claim 13 corresponds to patented claim 6 which is dependent from claims 1, 2, and 5 as outlined below:
13. A motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising:
a headrail arranged to be disposed near a top of the opening (in patented claim 1: a headrail configured to be disposed near the top of the opening),
the headrail comprising endcaps located at each side of the headrail, the headrail including a compartment configured to receive at least one battery (in patented claim 6: two mounting brackets coupled to endcaps of the headrail; in patented claim 1: the headrail including a compartment for receiving at least one battery);
a covering material arranged to extend from the headrail (in patented claim 1: a covering material; a covering material of a window treatment inherently extends from the headrail);
first and second mounting brackets configured to couple the headrail to the surface (in patented claim 1: at least one mounting bracket for coupling the headrail to the surface and in patented claim 6: two mounting brackets); and
a motor drive unit located inside the headrail and configured to raise and lower the covering material when the headrail is in a first position, (in patented claim 1: a motor drive unit configured to control the covering material between a fully-opened and a fully-closed position…wherein the motorized window treatment is adjustable into a service position; the original position corresponds to the first position), the motor drive unit configured to be powered by the at least one battery (in patented claim 1: at least one battery for powering the motor drive unit);
wherein the first and second mounting brackets are coupled to the endcaps of the headrail (in patented claim 6: two mounting brackets coupled to endcaps of the headrail), such that the headrail is adjustable from the first position into a second position (in patented claim 6: the headrail configured to be moved into the service position; the service position corresponds to the second position) in which access is provided to a top side of the headrail to provide access to the at least one battery through the top side, the first and second mounting brackets remaining coupled to the surface and the headrail remaining coupled to the first and second mounting brackets when the headrail is in the second position (in patented claim 1: wherein the motorized window treatment is adjustable into a service position in which access is provided at a top side…in the service position).
Pending claim 14 correspond to language in patented claim 5 as outlined below:
14. The motorized window treatment of claim 13, wherein the top side of the headrail is configured to be rotated away from the opening in the second position (in patented claim 5: wherein the headrail is configured…to be rotated away).
Pending claim 15 corresponds to language in patented claim 5 as outlined below:
15. The motorized window treatment of claim 14, wherein the headrail is configured to be displaced away from the opening and then to be rotated away from the opening (wherein the headrail is configured to be displaced away from the window and then to be rotated away from the window).
Pending claim 16 corresponds to language in patented claim 6 as outlined below:
16. The motorized window treatment of claim 15, wherein the endcaps comprise channels for receiving pins of the first and second mounting brackets, the headrail configured to be moved from the first position into the second position by causing the pins to travel through the channels (the endcaps of the headrail comprising channels for receiving pins of the mounting brackets, the headrail configured to be moved into the service position by causing the pins to travel through the channels; the service position corresponding to the second position).
Pending claim 17 corresponds to patented claim 7 as outlined below:
17. The motorized window treatment of claim 16, wherein the pins are configured to rest in elbows of the channels when the headrail is in the second position (the pins are configured to rest in elbows of the channels when the headrail is in the service position; the service position corresponding to the second position).
Claims 1, 3-5, 12-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7-10 of U.S. Patent No. 9,249,624. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite equivalent structure in alternative terms. The pending limitations are copied below with the corresponding patented claim language italicized in parenthesis.
Pending claim 1 corresponds to patented claim 10, which is dependent from claims 1, 7, 8, and 9, as outlined below:
1. A motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising:
a headrail arranged to be disposed near a top of the opening, the headrail comprising an external side that faces the opening, an internal side that is opposite the external side, and a top side that is open, the headrail including a compartment configured to receive at least one battery (in patented claim 1: a headrail arranged to be disposed near the top of the opening…wherein the headrail includes a compartment for receiving at least one battery for powering the motor drive unit; the compartment inherently provides the headrail with an internal and external side);
a covering material arranged to extend from the headrail (in patented claim 1: a covering material arranged to extend from the headrail);
first and second mounting brackets configured to couple the headrail to the surface (in patented claim 1: at least one mounting bracket configured to couple the headrail to the surface and in patented claim 10: two mounting brackets coupled to endcaps of the headrail); and
a motor drive unit located inside the headrail and configured to raise and lower the covering material when the headrail is in a first position (in patented claim 1: a motor drive unit configured to control the covering material between a fully-opened position and a fully-closed position when the head rail is in a first position), the motor drive unit configured to be powered by the at least one battery (in patented claim 1: at least one battery for powering the motor drive unit);
wherein the headrail is adjustable from the first position into a second position (in patented claim 1: the headrail is adjustable with respect to the mounting bracket from the first position into a second position in which unobstructed access is provided) in which the top side of the headrail is rotated away from the opening (in patented claim 7: wherein the mounting bracket is configured such that the top side of the headrail is rotated away from the window in the second position) and access is provided to the top side of the headrail to provide access to the at least one battery through the top side (in patented claim 1: a second position in which unobstructed access is provided to the at least one battery), the first and second mounting brackets remaining coupled to the surface and the headrail remaining coupled to the first and second mounting brackets when the headrail is in the second position (in patented claim 1: the mounting bracket configured to remain coupled to the surface and the headrail configured to remain coupled to the mounting bracket when the headrail is in the second position and in patented claim 10: two mounting brackets).
Pending claim 3 corresponds to patented claim 10 as outlined below:
3. The motorized window treatment of claim 2, wherein the headrail further comprises endcaps located at each side of the headrail (in patented claim 10: two mounting brackets coupled to endcaps of the headrail).
Pending claim 4 corresponds to patented claim 10 as outlined below:
4. The motorized window treatment of claim 3, wherein the endcaps comprise channels for receiving pins of the first and second mounting brackets, the headrail configured to be moved from the first position into the second position by causing the pins to travel through the channels (in patented claim 10: two mounting brackets coupled to endcaps of the headrail, the mounting brackets comprises pins arranged to move through channels of the endcaps of the headrail to move the headrail from the first position into the second position).
Pending claim 5 corresponds to patented claim 10 as outlined below:
5. The motorized window treatment of claim 4, wherein the pins are configured to rest in elbows of the channels when the headrail is in the second position (in patented claim 10: wherein the pins are arranged to rest in elbows of the channels when the headrail is in the
Pending claim 12 corresponds to patented claim 1 as outlined below:
12. The motorized window treatment of claim 1, wherein the headrail is configured to rest in the second position after the headrail is adjusted from the first position to the second position (the headrail is in the second position, the mounting bracket configured such that the headrail rests in the second position after the headrail is adjusted from the first position to the second position).
Pending claim 13 corresponds to patented claim 10, which is dependent from claims 1, 7, 8, and 9, as outlined below:
13. A motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising:
a headrail arranged to be disposed near a top of the opening, the headrail comprising endcaps located at each side of the headrail, the headrail including a compartment configured to receive at least one battery (in patented claim 1: a headrail arranged to be disposed near the top of the opening…wherein the headrail includes a compartment for receiving at least one battery for powering the motor drive unit; the compartment inherently provides the headrail with an internal and external side);
a covering material arranged to extend from the headrail (in patented claim 1: a covering material arranged to extend from the headrail);
first and second mounting brackets configured to couple the headrail to the surface (in patented claim 1: at least one mounting bracket configured to couple the headrail to the surface and in patented claim 10: two mounting brackets coupled to endcaps of the headrail); and
a motor drive unit located inside the headrail and configured to raise and lower the covering material when the headrail is in a first position (in patented claim 1: a motor drive unit configured to control the covering material between a fully-opened position and a fully-closed position when the head rail is in a first position), the motor drive unit configured to be powered by the at least one battery (in patented claim 1: at least one battery for powering the motor drive unit);
wherein the first and second mounting brackets are coupled to the endcaps of the headrail (in patented claim 10: two mounting brackets coupled to endcaps of the headrail) such that the headrail is adjustable from the first position into a second position in which access is provided to a top side of the headrail to provide access to the at least one battery through the top side (in patented claim 7: configured such that the top side of the headrail is rotated away from the window in the second position), the first and second mounting brackets remaining coupled to the surface and the headrail remaining coupled to the first and second mounting brackets when the headrail is in the second position (in patented claim 1: the headrail configured to remain coupled to the mounting bracket when the headrail is in the second position, the mounting bracket configured such that the headrail rests in the second position after the headrail is adjusted from the first position to the second position).
Pending claim 14 corresponds to patented claims 2 and 7 as outlined below:
14. The motorized window treatment of claim 13, wherein the top side of the headrail is configured to be rotated away from the opening in the second position (in patented claim 7: the headrail is displaced away from the window and then rotated away from the window in the second position; in patented claim 2: access is provided to a top side of the headrail to provide access to the at least one battery through the top side).
Pending claim 15 corresponds to patented claims 9 as outlined below:
15. The motorized window treatment of claim 14, wherein the headrail is configured to be displaced away from the opening and then to be rotated away from the opening (the headrail is displaced away from the window and then rotated away from the window in the second position).
Pending claim 16 corresponds to patented claim 10 as outlined below:
16. The motorized window treatment of claim 15, the endcaps comprise channels for receiving pins of the first and second mounting brackets, the headrail configured to be moved from the first position into the service position by causing the pins to travel through the channels (two mounting brackets coupled to endcaps of the headrail, the mounting brackets comprises pins arranged to move through channels of the endcaps of the headrail to move the headrail from the first position into the second position).
Pending claim 17 corresponds to patented claim 10 as outlined below:
17. The motorized window treatment of claim 16, wherein the pins are configured to rest in elbows of the channels when the headrail is in the second position (wherein the pins are arranged to rest in elbows of the channels when the headrail is in the second position).
Claims 1-5, 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, and 12 of U.S. Patent No. 10,590,700. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite equivalent structure in alternative terms. The pending limitations are copied below with the corresponding patented claim language italicized in parenthesis.
Pending claim 1 corresponds to patented claim 5, which is dependent from claims 1 and 4, as outlined below:
1. A motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising:
a headrail arranged to be disposed near a top of the opening (in patented claim 1: a headrail arranged to be disposed near the top of the window), the headrail comprising an external side that faces the opening, an internal side that is opposite the external side, and a top side that is open, the headrail including a compartment configured to receive at least one battery (in patented claim 1: wherein the headrail includes a compartment configured to receive at least one battery for powering the motor drive unit; the headrail having a compartment inherently includes an external and internal side; in patented claim 1: that access is provided to the at least one battery through the top side of the headrail; providing access inherently provides an opening);
a covering material arranged to extend from the headrail (in patented claim 1: a covering material adapted to hang from the bottom side of the headrail);
first and second mounting brackets configured to couple the headrail to the surface (in patented claim 5: wherein the at least one mounting bracket comprises two mounting brackets coupled to endcaps of the headrail; in patented claim 1: configured to be mounting to a surface); and
a motor drive unit located inside the headrail and configured to raise and lower the covering material when the headrail is in a first position, the motor drive unit configured to be powered by the at least one battery (in patented claim 1: a motor drive unit configured to control the covering material between a fully opened position and a fully-closed position…to receive at least one battery for powering the motor drive unit);
wherein the headrail is adjustable from the first position into a second position in which the top side of the headrail is rotated away from the opening and access is provided to the top side of the headrail to provide access to the at least one battery through the top side, the first and second mounting brackets remaining coupled to the surface and the headrail remaining coupled to the first and second mounting brackets when the headrail is in the second position (in patented claim 4: the headrail is configured to be connected to at least one mounting bracket such that the headrail is adjustable with respect to the surface into a service position in which access is provided to the at least one battery through the top side of the headrail while the headrail remains coupled to the at least one mounting bracket and rests in the service position).
Pending claim 2 corresponds to patented claim 5 as outlined below:
2. The motorized window treatment of claim 1, wherein the headrail is configured to be displaced away from the opening and then to be rotated away from the opening (the headrail is displaced away from the window and then rotated away from the window in the service position, the pins of the mounting brackets arranged to rest in elbows of the channels when the headrail is in the service position).
Pending claim 3 corresponds to patented claim 5 as outlined below:
3. The motorized window treatment of claim 2, wherein the headrail further comprises endcaps located at each side of the headrail (two mounting brackets coupled to endcaps of the headrail).
Pending claim 4 corresponds to patented claim 5 as outlined below:
4. The motorized window treatment of claim 3, wherein the endcaps comprise channels for receiving pins of the first and second mounting brackets, the headrail configured to be moved from the first position into the second position by causing the pins to travel through the channels (the mounting brackets comprising pins arranged to move through channels of the endcaps of the headrail to move the motorized window treatment into the service position; wherein the mounting brackets are configured such that the headrail is displaced away from the window and then rotated away from the window in the service position).
Pending claim 5 corresponds to patented claim 5 as outlined below:
5. The motorized window treatment of claim 4, wherein the pins are configured to rest in elbows of the channels when the headrail is in the second position (the pins of the mounting brackets arranged to rest in elbows of the channels when the headrail is in the service position).
Pending claim 13 corresponds to patented claim 5, which is dependent from claims 1 and 4 as outlined below:
13. A motorized window treatment configured to be mounted to a surface for covering at least a portion of an opening, the motorized window treatment comprising:
a headrail arranged to be disposed near a top of the opening (in patented claim 1: a headrail arranged to be disposed near the top of the window), the headrail comprising endcaps located at each side of the headrail (in patented claim 1: mounting bracket comprises two mounting brackets coupled to endcaps of the headrail),
the headrail including a compartment configured to receive at least one battery; a covering material arranged to extend from the headrail (in patented claim 1: the headrail includes a compartment);
first and second mounting brackets configured to couple the headrail to the surface (in patented claim 5: mounting bracket comprises two mounting brackets coupled to endcaps of the headrail); and
a motor drive unit located inside the headrail and configured to raise and lower the covering material when the headrail is in a first position (in patented claim 1: a motor drive unit configured to control the covering material between a fully opened position and a fully-closed position), the motor drive unit configured to be powered by the at least one battery (in patented claim 1: at least one battery for powering the motor drive unit);
wherein the first and second mounting brackets are coupled to the endcaps of the headrail, such that the headrail is adjustable from the first position into a second position in which access is provided to a top side of the headrail to provide access to the at least one battery through the top side, the first and second mounting brackets remaining coupled to the surface and the headrail remaining coupled to the first and second mounting brackets when the headrail is in the second position (in patented claim 5: wherein the mounting brackets are configured such that the headrail is displaced away from the window and then rotated away from the window in the service position; and in patented claim 4: in which access is provided to the at least one battery through the top side of the headrail while the headrail remains coupled to the at least one mounting bracket and rests in the service position).
Pending claim 14 corresponds to patented claim 5:
14. The motorized window treatment of claim 13, wherein the top side of the headrail is configured to be rotated away from the opening in the second position (in patented claim 5: rotated away from the window in the service position; in patented claim 4: a service position in which access is provided to the at least one battery through the top side of the headrail).
Pending claim 15 corresponds to patented claim 5:
15. The motorized window treatment of claim 14, wherein the headrail is configured to be displaced away from the opening and then to be rotated away from the opening (the headrail is displaced away from the window and then rotated away from the window in the service position).
Pending claim 16 corresponds to patented claim 5:
16. The motorized window treatment of claim 15, the endcaps comprise channels for receiving pins of the first and second mounting brackets, the headrail configured to be moved from the first position into the service position by causing the pins to travel through the channels (the mounting brackets comprising pins arranged to move through channels of the endcaps of the headrail to move the motorized window treatment into the service position).
Pending claim 17 corresponds to patented claim 5:
17. The motorized window treatment of claim 16, wherein the pins are configured to rest in elbows of the channels when the headrail is in the second position (the pins of the mounting brackets arranged to rest in elbows of the channels when the headrail is in the service position).
Claims 1, 8-11,13, 14, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 9,045,939. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite equivalent structure in alternative terms. Further, providing two mounting brackets would have been obvious to one having ordinary skill in the art for supporting each side of the headrail.
Claims 1, 8-11,13, 14, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9,447,696. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite equivalent structure in alternative terms. Further, providing two mounting brackets would have been obvious to one having ordinary skill in the art for supporting each side of the headrail.
Claims 1, 8-13, 14, 16, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,680,445. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite equivalent structure in alternative terms. Further, providing two mounting brackets would have been obvious to one having ordinary skill in the art for supporting each side of the headrail.
Conclusion
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
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