DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 7/22/2024.
Status of the claims: claims 21-45 are hereby examined below.
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 .
Claim Objections
Claim 27 is objected to because of the following informalities: Claim 27, line 2 reads “at least one battery for power the drive unit”. Examiner presumes this should read – at least one battery for powering the drive unit --.
Claim 28, line 1 reads “the at least one batter”. Examiner presumes this should read – the at least one battery --.
Appropriate correction is required.
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.
Claim 28 is 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 28 states that the battery “may be” inserted or removed. It is unclear if anything is being positively recited as “may be” only indication permission.
Claims are being examined as best understood.
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 38-43 and 45 are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Morris US 2003/0221794.
In regard to claim 38, Morris ‘794 discloses a valance clip for use with (functional recitation) a blind system, the valance clip comprising: a first portion (44, Fig. 1), and a second portion (70, Fig. 1) coupled to the first portion such that the second portion is movable along the first portion between a first retained position (down) and a second retained position (up), wherein, when the valance clip is coupled to a valance and to a headrail, the first portion (44) of the valance clip extends from the headrail in at least two directions (up and down) such that: a battery compartment is covered by the valance when the second portion of the valance clip is in the first retained position, and the battery compartment is at least partially exposed when the second portion of the valance clip is in the second retained position.
In regard to claim 39, Morris ‘794 disclose the first portion (44) includes a first engagement feature (48, bottom) and a second engagement feature (48, top), the first engagement feature (48, bottom) separated from the second engagement (48, top) feature by a surface along which the second portion (70) is configured to move, the first engagement feature (48, bottom) is configured to retain the second portion (70) in the first retained position (down), and the second engagement feature (48, top) is configured to retain the second portion (70) in the second retained position (top).
In regard to claim 40, Morris ‘794 discloses wherein the first engagement feature (48, bottom) and the second engagement feature (48, top) includes a notch.
In regard to claim 41, Morris ‘794 discloses wherein: the second portion (70) includes a first engagement feature (84, Fig. 6) and a second engagement feature (groove formed between 72 and 82), the first engagement feature (84) is configured to retain the second portion (70) in the first retained position (down), and the second engagement feature (groove between 72,82) is configured to retain (with 84) the second portion (70) in the second retained position.
In regard to claim 42, Morris ‘794 discloses wherein the first engagement feature (84) and the second engagement feature (groove between 72,82) include at least one of a tooth (84 is a tooth) or a notch (groove is a notch).
In regard to claim 43, Morris ‘794 discloses wherein the first portion (44) of the valance clip includes: a first leg (54,56) configured to be coupled to the headrail, and a second leg (46,64) configured to be coupled to the second portion (70) of the valance clip.
In regard to claim 45, Morris ‘794 discloses wherein the second portion (70) of the valance clip includes a rocker (between openings 86), the rocker configured to be engaged by a user to disengage the second portion (70) of valance from the first retained position and from the second retained position.
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 21-37 are rejected under 35 U.S.C. 103 as being unpatentable over Wen et al US2003/0168187 in view of Morris US 2003/0221794.
In regard to claim 21, Wen et al ‘187 disclose a blind system, comprising: a headrail (22, Fig. 4) and a battery compartment (24, Fig. 4) coupled to the headrail (22).
Wen et al ‘187 fails to disclose a valance; and a valance clip, the valance clip comprising: a first portion, and a second portion coupled to the first portion such that the second portion is movable along the first portion between a first retained position and a second retained position, wherein, when the valance clip is coupled to the valance and to the headrail, the first portion of the valance clip extends from the headrail in at least two directions such that: the battery compartment is covered by the valance when the second portion is in the first retained position, and the battery compartment is at least partially exposed when the second portion is in the second retained position.
Morris ‘794 teaches a valance (30, Fig. 1) and a valance clip, the valance clip (44,70) comprising: a first portion (44, Fig. 1), and a second portion (70, Fig. 1) coupled to the first portion such that the second portion (70) is movable along the first portion (44) between a first retained position (down) and a second retained position (up), wherein, when the valance clip (44,70) is coupled to the valance (30) and to the headrail (10), the first portion (44) of the valance clip extends from the headrail in at least two directions (up and down) .
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Wen et al ‘187 to include the valance and movable valance clip as taught by Morris ‘794 to provide an adjustable valance to help improve the aesthetic appeal of the blind by concealing the headrail (abstract). Wen et al ‘187 as modified by Morris ‘794 to include the movable valance would teach the battery compartment (24 of Wen et al ‘187) is covered by the valance (30, Morris ‘794) when the second portion (74, Morris ‘794) is in the first retained position (down), and the battery compartment (24, Wen et al ‘187) is at least partially exposed when the second portion (70, Morris ‘794) is in the second retained position (up).
In regard to claim 22, Morris ‘794 disclose the first portion (44) includes a first engagement feature (48, bottom) and a second engagement feature (48, top), the first engagement feature (48, bottom) separated from the second engagement (48, top) feature by a surface along which the second portion (70) is configured to move, the first engagement feature (48, bottom) is configured to retain the second portion (70) in the first retained position (down), and the second engagement feature (48, top) is configured to retain the second portion (70) in the second retained position (top).
In regard to claim 23, Morris ‘794 discloses wherein the first engagement feature (48, bottom) and the second engagement feature (48, top) includes a notch.
In regard to claim 24, Morris ‘794 discloses wherein: the second portion (70) includes a first engagement feature (84, Fig. 6) and a second engagement feature (groove formed between 72 and 82), the first engagement feature (84) is configured to retain the second portion (70) in the first retained position (down), and the second engagement feature (groove between 72,82) is configured to retain (with 84) the second portion (70) in the second retained position.
In regard to claim 25, Morris ‘794 discloses wherein the first engagement feature (84) and the second engagement feature (groove between 72,82) include at least one of a tooth (84 is a tooth) or a notch (groove is a notch).
In regard to claim 26, Wen et al ‘187 discloses a covering material (22, Fig. 4) configured to extend from the headrail (21); a drive unit (331) disposed in the headrail (21) and configured to adjust the covering material (22) for controlling an amount of daylight entering a space.
In regard to claim 27, Wen et al ‘187 discloses wherein the battery compartment (24) is configured to hold at least one battery (134) for power the drive unit.
In regard to claim 28, Wen et al ‘187 disclose wherein the at least one battery (134) may be inserted into or removed from the battery compartment (30) when the second portion is in the second retained position.
In regard to claim 29, Wen et al ‘187 disclose a bottom bar (123, Fig. 2), wherein the covering material (22) includes a plurality of slats configured to be spaced apart from one another vertically between the headrail and the bottom bar.
In regard to claim 30, Wen et al ‘187 disclose a tilt ladder (136) extending from the headrail to the bottom bar (123), the tilt ladder (136) operable to support and tilt the slats, wherein the drive unit (132) is operably coupled to the tilt ladder for tilting the slats.
In regard to claim 31, Wen et al ‘187 disclose a lift cord (135) extending from the headrail to the bottom bar (123) for raising and lowering the bottom bar (123) wherein the drive unit (132) is operably coupled to the lift cord (135) for winding and unwinding the lift cord to raise and lower the bottom bar, respectively.
In regard to claim 32, Morris ‘794 discloses wherein the first portion (44) of the valance clip includes: a first leg (54,56) configured to be coupled to the headrail, and a second leg (46,64) configured to be coupled to the second portion (70) of the valance clip.
In regard to claim 33, Wen et al ‘187 discloses wherein the headrail includes: a first upright (211, front) having a first side and a second side, the first upright defining an aperture (212) extending from the first side of the first upright to the second side of the first upright, the aperture sized and configured to at least partially receive a battery when a battery (234) is disposed in the battery compartment (24) such that a portion of the battery is disposed on the first side and the second side of the front upright, a second upright (211, back), and a base (bottom) extending between the first upright and the second upright.
In regard to claim 34, Morris ‘794 discloses wherein a face of the second leg (46,64) of the first portion of the valance clip extends from the first upright of the headrail at an oblique angle.
In regard to claim 35, Morris ‘794 discloses wherein the first portion (44) of the valance clip and the second portion (70) of the valance clip engage one another via joint. (between walls of 44 and the groove in 70)
Morris ‘794 fails to disclose the joint is a dovetail joint. However, Morris ‘794 discloses that it is known to use a dovetail joint. (column 6, lines 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to make the joint between the first portion and the second point be a dovetail joint for the purpose of creating a secure and strong connection.
In regard to claim 36, Morris ‘794 discloses wherein the second portion (70) of the valance clip includes a male pin (90) and the valance (30) includes a female tail (36) configured to receive the male pin (90).
In regard to claim 37, Morris ‘794 discloses a second valance clip configured to be coupled to the head rail. (column 8, lines 23-25 state that two clips are used)
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over f Morris US 2003/0221794.
In regard to claim 44, Morris ‘794 discloses wherein the first portion (44) of the valance clip and the second portion (70) of the valance clip engage one another via joint. (between walls of 44 and the groove in 70)
Morris ‘794 fails to disclose the joint is a dovetail joint. However, Morris ‘794 discloses that it is known to use a dovetail joint. (column 6, lines 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to make the joint between the first portion and the second point be a dovetail joint for the purpose of creating a secure and strong connection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY C RAMSEY/ Examiner, Art Unit 3634
/DANIEL P CAHN/ Supervisory Patent Examiner, Art Unit 3634
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