DETAILED ACTION
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 .
Response to Amendment
This action is responsive to communication filed on 03/10/2026. Claims 1-9 and 12-16 remain pending, with claims 1, 12, and 14 currently amended. EXAMINER NOTE: claims 17-19 have the status identifier “Original” but contain no text. Accordingly, claims 17-19 are being treated as canceled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-9 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over 11,278,145 (hereinafter Ma-145) in view of US Patent 5,191,922 (hereinafter Wade) and US Patent Application Publication 2009/0272502 (hereinafter Brown).
Regarding claim 1, Ma-145 discloses a shower curtain extender device (fig. 6) that provides a device (4) for lengthening a standard shower curtain, the shower curtain extender device comprising: a body component (2); a plurality of buttonholes (note rings extending through holes in fig. 1; holes considered ‘buttonholes’ insomuch as Applicant’s buttonholes are intended to receive a curtain ring); and a plurality of buttons (43)(col. 10, ln. 38-41); wherein the body component (2) is secured to a shower curtain (3) via the plurality of buttons (fig. 6); wherein the plurality of buttonholes secures the shower curtain extender device to a shower rod (fig. 1); and further wherein the body component acts to extend the shower curtain during use and prevents water from escaping the shower and bath area (the curtain of Ma-145 is capable of being used a shower curtain if a user so desires; there is nothing to preclude the curtain from being installed in a shower since it is a piece of fabric that hangs from a rod).
Ma-145 fails to show shows a valence topper that covers the body component. Attention is turned to Wade, the same field of endeavor of rod mounted curtains, which shows attaching a valence (44) in the form of an elongated flap to a body component (18) to conceal attachment mechanisms on the body component. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the device of Ma-145 to include a valence topper to conceal the body component as is known in the art and evidenced by the teachings of Wade mentioned above.
Ma-145 fails to show the material of the body component is a vinyl body component. Attention is turned to Brown in the same field of endeavor of rod mounted curtains which teaches selecting vinyl as a suitable material for use when a hanging curtain is intended to cover a shower or bath (par. 15). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select vinyl for the material of the body component of Ma-145 depending on a user’s intended use and preference, such material being known in the art and evidenced by the teachings of Brown mentioned above.
Regarding claim 2, Ma-145 shows the body component is rectangular (2) but fails to recite a specific dimension of the body component and thus fails to show it measures approximately seventy inches wide by ten inches long. Applicant has not placed criticality on the claimed dimension. Furthermore, one of ordinary skill in the art would expect the body component of Ma-145 to work equally well with the claimed dimension given the standard length of showers. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select a size of approximately seventy inches wide b y ten inches long as a design consideration that fails to patentably distinguish over the prior art (see MPEP 2144.04(IV)).
Regarding claim 3, Ma-145 shows wherein the body component (2) comprises a front surface, a rear surface, opposing side edges, a top edge, and a bottom edge (fig. 1).
Regarding claim 4, Ma-145 shows the plurality of buttonholes are arranged in a row and spaced apart along the top edge of the body component (fig. 6), but is silent as to the specific spacing and thus fails to show approximately every six inches. Applicant has not placed criticality on the claimed dimension. Furthermore, one of ordinary skill in the art would expect the body component of Ma-145 to work equally well with the claimed dimension given the standard length of showers and utilizing even spacing. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select a spacing of approximately six inches long as a design consideration that fails to patentably distinguish over the prior art (see MPEP 2144.04(IV)).
Regarding claim 5, Ma-145 shows wherein the plurality of buttonholes are a series of circular shaped openings for use in applying hanging shower hooks which are then positioned on the shower rod (see fig. 1).
Regarding claim 6, Ma-145 shows wherein the plurality of buttons are positioned along the bottom edge of the body component (fig. 6), but fails to explicitly show directly beneath each buttonhole. Applicant has not placed criticality on the relative arrangement of parts. Furthermore, one of ordinary skill in the art would expect the device of Ma-145 to function equally well with the claimed relative arrangement of parts since the button holes and buttons are mutually exclusive and do not rely on one another for functioning. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to arrange the buttons directly beneath each buttonhole as a design consideration of the mere rearrangement of parts. See MPEP 2144.04(VI)(C).
Regarding claim 7, Ma-145 shows further comprising a second row of buttons (43) (fig. 6),but is silent to their specific position and thus fails to show which are positioned 1-2 inches above a bottom row of buttons. Applicant has not placed criticality on the claimed dimension. Furthermore, one of ordinary skill in the art would expect the body component of Ma-145 to work equally well with the claimed dimension given the standard length of showers and utilizing even spacing. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select a location of 1-2 inches above a bottom row of buttons as a design consideration that fails to patentably distinguish over the prior art (see MPEP 2144.04(IV)).
Regarding claim 8, Ma-145 fails to show a plurality of indicia. However, it is well-known in the art of drapery to have decorative ornamentation on curtains for aesthetic reasons. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include indicia on the curtain of Ma-145 since matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04(I)).
Regarding claim 9, Ma-145 fails to show the shower curtain extender device is available in several colors, lengths, and styles, corresponding with existing bathroom décor. However, it is well-known in the art of drapery to have decorative ornamentation on curtains for aesthetic reasons. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include indicia on the curtain of Ma-145 since matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04(I)).
Regarding claim 12, under the modification in view of Wade, Wade shows the valence topper component comprises a wide pocket (26) to accommodate a tension rod for positioning the valence topper component in front of the body component (fig. 3).
Regarding claim 13, the combination of Ma-145 and Wade is silent as to the ornamentation of the valence and thus fails to show the valence is available in different colors and styles to match the body component. However, it is well-known in the art of drapery to have decorative ornamentation on curtains for aesthetic reasons. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include indicia on the curtain of Ma-145 since matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04(I)).
Regarding claim 14, Ma-145 shows a shower curtain extender device (fig. 6) that provides a device (4) for lengthening a standard shower curtain, the shower curtain extender device comprising:
a body component (2) having a front surface, a rear surface, opposing side edges, a top edge, and a bottom edge (fig. 1);
a top row of buttonholes (note rings extending through holes in fig. 1; holes considered ‘buttonholes’ insomuch as Applicant’s buttonholes are intended to receive a curtain ring); and
a bottom row of buttons (43)(col. 10, ln. 38-41); wherein the body component (2) is secured to a shower curtain (3) via the plurality of buttons (fig. 6);
wherein the bottom row of buttonholes secures to a top row of circular shaped openings (fig. 1);
wherein the top row of buttonholes are attached to shower curtain rings (see fig. 1);
wherein, once secure, the shower curtain extender and device and attached shower curtain are hung on a shower rod, which allows the shower curtain to be lengthened approximately 8-9 inches (Ma-145 teaches the device is intended to adjust the vertical position of the curtain and therefore the device allows for the recited function of lengthening the curtain approximately 8-9 inches) and further wherein the body component acts to extend the shower curtain during use and prevents water from escaping the shower and bath area (the curtain of Ma-145 is capable of being used a shower curtain if a user so desires; there is nothing to preclude the curtain from being installed in a shower since it is a piece of fabric that hangs from a rod). Ma-145 shows the plurality of buttonholes are arranged in a row and spaced apart along the top edge of the body component (fig. 6), but is silent as to the specific spacing and thus fails to show approximately every six inches. Applicant has not placed criticality on the claimed dimension. Furthermore, one of ordinary skill in the art would expect the body component of Ma-145 to work equally well with the claimed dimension given the standard length of showers and utilizing even spacing. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select a spacing of approximately six inches long as a design consideration that fails to patentably distinguish over the prior art (see MPEP 2144.04(IV)).
Ma-145 shows wherein the plurality of buttons are positioned along the bottom edge of the body component (fig. 6), but fails to explicitly show directly beneath each buttonhole. Applicant has not placed criticality on the relative arrangement of parts. Furthermore, one of ordinary skill in the art would expect the device of Ma-145 to function equally well with the claimed relative arrangement of parts since the button holes and buttons are mutually exclusive and do not rely on one another for functioning. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to arrange the buttons directly beneath each buttonhole as a design consideration of the mere rearrangement of parts. See MPEP 2144.04(VI)(C).
Ma-145 fails to show a valence topper, wherein the valence topper comprises a wide pocket configured to accommodate a tension rod and an elongated flap configured to cover and conceal the body component. Attention is turned to Wade, the same field of endeavor of rod mounted curtains, which shows attaching a valence (44) in the form of an elongated flap to a body component (18) to conceal attachment mechanisms on the body component. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the device of Ma-145 to include a valence topper to conceal the body component as is known in the art and evidenced by the teachings of Wade mentioned above. Wade shows the valence topper component comprises a wide pocket (26) to accommodate a tension rod for positioning the valence topper component in front of the body component (fig. 3).
Ma-145 fails to show the material of the body component is a plastic body component. Attention is turned to Brown in the same field of endeavor of rod mounted curtains which teaches selecting plastic as a suitable material for use when a hanging curtain is intended to cover a shower or bath (par. 15). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select plastic for the material of the body component of Ma-145 depending on a user’s intended use and preference, such material being known in the art and evidenced by the teachings of Brown mentioned above.
Regarding claim 15, Ma-145 shows further comprising a second row of buttons (43) (fig. 6), but is silent to their specific position and thus fails to show which are positioned 1-2 inches above a bottom row of buttons. Applicant has not placed criticality on the claimed dimension. Furthermore, one of ordinary skill in the art would expect the body component of Ma-145 to work equally well with the claimed dimension given the standard length of showers and utilizing even spacing. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select a location of 1-2 inches above a bottom row of buttons as a design consideration that fails to patentably distinguish over the prior art (see MPEP 2144.04(IV)).
Regarding claim 16, Ma-145 fails to show the shower curtain extender device is available in several colors, lengths, and styles, corresponding with existing bathroom décor. However, it is well-known in the art of drapery to have decorative ornamentation on curtains for aesthetic reasons. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include indicia on the curtain of Ma-145 since matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04(I)).
Regarding claim 19, the combination of Ma-145 and Wade is silent as to the ornamentation of the valence and thus fails to show the valence is available in different colors and styles to match the body component. However, it is well-known in the art of drapery to have decorative ornamentation on curtains for aesthetic reasons. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include indicia on the curtain of Ma-145 since matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see MPEP 2144.04(I)).
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. Applicant argues that Wade fails to show a flap. Examiner respectfully disagrees. The valence component comprises a flap (40) that conceals fastening elements (30, 32). The rejection is deemed proper and maintained.
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 JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/ Primary Examiner, Art Unit 3754