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
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.
Claim(s) 1-9 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Skinner et al (WO2010011751).
Per claim 1, Skinner(figures 1-5b) shows an architectural structure covering comprising a headrail (118, 110, figure 1b), an operating system position within the headrail, the operating system including a transmission and one or more motors coupled to the transmission, a protective case (126, figure 2b) that constrains the transmission and the one or more motors within the headrail, the protective case comprising a housing, the housing including an inner cavity within which the transmission and the one or more motors are positioned to prevent relative movement of the transmission and the one or more motors.
Per claim 2, Skinner et al further shows the headrail defines an inner surface and wherein the housing includes a projection or spring that contacts the inner surface of the headrail (figure 1b-2b).
Per claim 3, Skinner further shows the projection or spring is integrally formed with the housing.
Per claim 4, Skinner et al further shows the projection or spring(230, 148, 128, 216) extends from a top surface of the housing.
Per claim 5, Skinner further shows the housing includes one or more feet(128) to maintain a position of the protective case within a headrail.
Per claim 6, Skinner further shows one or more feet from a bottom surface of the housing and contact a surface of the headrail.
Per claim 7, Skinner further shows the housing includes one or more barbs (figure 3a) extending into the inner cavity relative to an inner surface of the housing, the one or more barbs contacting the transmission and/or the one or more motors.
Per claim 8, Skinner(figure 3a) further shows the one or more barbs extend from the inner surface and contact an outer surface of the transmission to prevent the transmission from sliding out of the protective case(figure 3a).
Per claim 9, Anderson further shows the housing includes one or more ridges to provide additional rigidity to the protective case (figure 3a).
Claim(s) 1-2, 12-14 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mullet et al (2012/0090797).
Per claim 1, Mullet(figures 1-4) shows an architectural structure covering comprising a headrail (14), an operating system position within the headrail, the operating system including a transmission and one or more motors coupled to the transmission, a protective case (figures 3-5) that constrains the transmission and the one or more motors within the headrail, the protective case comprising a housing, the housing including an inner cavity within which the transmission and the one or more motors are positioned to prevent relative movement of the transmission and the one or more motors.
Per claim 2, Mullet further shows the headrail defines an inner surface and wherein the housing includes a projection or spring that contacts the inner surface of the headrail (52).
Per claim 12, Mullet further shows the projection or spring comprising the spring and wherein the spring applies a force against the inner surface of the headrail to at least partially inhibit movement of the protective case relative to the headrail(paragraphs 81-82).
Per claim 13, Anderson further shows the spring comprising leaf spring(52).
Per claim 14, Anderson further shows the leaf spring formed integrally with the housing (34, figure 6).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different headrail with housing designs.
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.
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/PHI D A/Primary Examiner, Art Unit 3633