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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2024 was considered by the examiner.
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 1-19 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “concave gap” in claims 1 and 6 is used by the claim to mean “a channel,” while the accepted meaning is “a surface that curves inward.” The term is indefinite because the specification does not clearly redefine the term.
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, 5, 10, 13, 14, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hlavaty US4866895.
Claim 1. Hlavaty discloses a channel (14, Fig.5) defining a shade cassette enclosure; an outer flange (denoted 94 below) positioned outward of the channel; and a recessed area (denoted 95 below) defining a concave gap between the outer flange and the channel, wherein the recessed area is sized to fit in a window opening.
Claim 5. Hlavaty discloses the window opening defines a window plane (12), wherein the channel comprises a first section parallel (22C) with the window plane (12) and a second section (22A) perpendicular to the window plane.
Claim 10. Hlavaty discloses the outer flange is capable of sitting flush on a wall adjacent the window opening. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Claim 13. Hlavaty discloses a channel (14) defining a shade cassette enclosure; an outer flange (denoted 94 below) positioned outward of the channel; and a recessed area (denoted 95) defining a concave gap between the outer flange and the channel, an opposite side of the recessed area (below 25 below) defining a mounting trim ring sized to fit in a window opening, wherein the channel, the outer flange and the recessed area define a single-piece frame member (see Fig.5).
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Claim 14. Hlavaty discloses the single-piece frame member is securable to an opposing inner/outer frame portion via a plurality of fasteners through the recessed area. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Claim 15. Hlavaty discloses the outer flange (94 above) extends from the recessed area (95 above) in one direction (extend outwardly and downwardly from the recess) and is configured to rest flush with a wall surrounding the window opening, and wherein the channel (14) comprises a flange section (26) that extends from the recessed area in an opposite direction (extend outwardly and upwardly from the recess, Fig.5).
Claim 16. Hlavaty discloses a window plane (12), wherein the channel (14) comprises a first section (22B) parallel with the window plane and a second section (22A) perpendicular to the window plane (Fig.5).
Claims 1, 2, 3, 5, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCauley US20020095868.
Claim 1. McCauley discloses a channel (defined in frame 24 and occupied by plane 15 in Fig.1) defining a shade cassette enclosure; an outer flange (denoted 120) positioned outward of the channel; and a recessed area (see portion circled above 120 below and extracted) defining a concave gap between the outer flange and the channel, wherein the recessed area is sized to fit in a window opening.
Claim 2. McCauley discloses the enclosure is square or rectangular and comprises four sides, wherein the channel spans the four sides of the enclosure (Fig.14).
Claim 3. McCauley discloses the outer flange extends across the four sides of the enclosure. (Fig.14)
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Claim 5. McCauley discloses the window opening defines a window plane (15), wherein the channel comprises a first section parallel (section of 12 abutting side of 15) with the window plane (15) and a second section (section of 12 abutting the bottom of 15) perpendicular to the window plane.
Claim 10. McCauley discloses the outer flange is capable of sitting flush on a wall adjacent the window opening. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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 6-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hlavaty US4866895 as applied to claim 1 above.
Claim 6 and 17. Hlavaty discloses the recessed area (95) comprises a U-shaped section including the second section (22A) of the channel, a recess bottom (denoted 95C) connected to the second section and parallel with the window plane, and an outer wall (95B) connected to the recess bottom but does not disclose the outer wall is perpendicular to the window plane.
However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to make the outer wall perpendicular to the plane for increased rigidity, as there is no invention in merely changing the shape or form of an article without changing its function except in a design patent.
Claim 7 and 18. Hlavaty as modified discloses the outer flange is connected to the outer wall of the recessed area and is parallel with the window plane (compare 94 to 12 above).
Claim 8 and 19. Hlavaty discloses the outer wall (modified 95B) of the recessed area (95) is shorter than the second section (22A) of the channel.
Claim 9. Hlavaty discloses the outer flange is configured to sit flush on a wall adjacent the window opening. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Allowable Subject Matter
Claims 4 and 11-12 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: the closest prior art of record fails to teach or adequately suggest the combination of characteristics specified in the independent claim, especially the requirement of a substance concerning a plurality of fasteners disposed in the recessed area., hence there is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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