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 .
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 recites “positioned on said back surface of said drape panel” but the back surface is not previously introduced. The recitation of “said back surface” should be replaced with --a back surface--. It is also noted that a front surface of the drape panel is not previously recited in claim 5, so the orientation of the back surface is not explicitly defined with respect to a front surface (i.e. the back surface of claim 5 is not explicitly required to be different from the front surface introduce in either claim 2 or claim 3, as claim 5 does not depend from either of said claims).
Appropriate correction is required.
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 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Avinger (U.S. Patent Application Publication No. 2016/0298386) in view of Daly (U.S. Patent Application Publication No. 2010/0051210).
Regarding claim 1, Avinger discloses a window drape accessory device [FIGS. 2, 3] for enhancing the ornamental appearance of window drapes (paragraph 0011), said device comprising:
a drape panel (300) configured to be suspended in front of a window, wherein said drape panel is configured to ornamentally accessorize existing drapes on the window without having said drape panel covering the window (the drape panel 300 does not cover the entirety of the window by itself when installed, and therefore meets the requirements of this intended use limitation), said drape panel being manufactured in a variety of contrasting colors wherein said drape panel is configured to enhance the ornamental appearance of the existing drapes on the window (in the context of the disclosure, this limitation is understood to require that the panel be capable of being manufactured in different colors and does not positively require different colors; the drape panel 300 may be formed with different designs as described in paragraph 0023, and is formed from fabric which may be manufactured in different colors using known techniques);
a pair of first fasteners (at least a pair of fasteners 310 are shown in Figure 3 vertically aligned along a first edge of the panel 300), each of said pair of first fasteners being attached to said drape panel [FIG. 3]; and
a pair of second fasteners (at least a pair of fasteners 320 are shown in Figure 3 vertically aligned along a second edge of the panel 300), each of said pair of second fasteners being attached to said drape panel [FIG. 3], each of said pair of second fasteners being releasably matable to a respective one of said pair of first fasteners thereby enabling said drape panel to form a tube (paragraphs 0025-0026 disclose connection of the first and second fasteners 310, 320, which inherently forms a tube due to the connection at the edges and the absence of a connection in the interior area of the panel 300) wherein said drape panel is configured to enhance the ornamental appearance of the existing drapes on the window (paragraph 0011).
Avinger does not disclose that the drape panels has a pair of curtain rod holes, or that the width of the drape panel is no greater than 53.0 cm.
Nonetheless, Daly discloses a window drape accessory device comprising a drape panel (30, 20A) having a pair of curtain holes (a pair of holes are defined at opposite edges of the panel 30; identified as reference number 25 in Figure 12 and described as apertures 32 in paragraph 0061) configured to insertably receive a curtain rod thereby enabling said drape panel to be suspended in front of a window (paragraph 0061).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the drape panel of Avinger to include the curtain holes taught by Daly, in order to enable connection of the panel to a curtain rod or other curtain suspension device requiring holes in the drapery, so as to expand the range of uses of the panel for different existing window covering assemblies. Providing the holes of Daly would inherently result in the first and second pairs of fasteners being adjacent to respective ones of the curtain rod holes, as the fasteners of Avinger are aligned along outer edges of the panel and Daly teaches provision of the curtain rod holes along a horizontal upper edge of the panel between said outer edges.
It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the drapery panel of Avinger to be no greater than 53 cm in width, in order to provide a balanced and aesthetic appearance for the panel, and to ensure a reliable fit within existing drapery installations.
Regarding claim 3, Avinger discloses each of said pair of first fasteners being positioned on a front surface of said drape panel (as shown in Figure 3, the first fasteners 310 are positioned on the same surface of the drape panel, which may be defined as the front surface); and each of said pair of first fasteners is spaced apart from each other and is distributed along a line which extends between a top edge and a bottom edge of said drape panel [FIG. 3].
Regarding claim 4, Avinger discloses that each of said pair of first fasteners is positioned between a center line of the drapey panel and a first lateral edge of said drape panel; and each of said pair of first fasteners is positioned closer to said first lateral edge than the center line of the drapery panel [FIG. 3]. As described with respect to claim 1 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the drape panel of Avinger to include the curtain rod holes of Daly to enable attachment of the drape panel to different types of window covering assemblies. It is further noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Locating the curtain rod holes at a position such that the fasteners are closer to the edge than the curtain rod holes is an obvious matter of design choice that one of ordinary skill would readily discover through routine experimentation, as there are a limited number of places that the curtain rod hole can be placed.
Regarding claim 5, Avinger discloses that each of said pair of second fasteners is positioned on said back surface of said drape panel (as shown in Figure 3, the second fasteners 320 are positioned on the same surface of the drape panel, which may be defined as the back surface; it is noted that in the context of claim 5, the back surface is not required to be a particular surface with respect to a front surface, as a front surface is not recited in claim 5 or claim 1); and each of said pair of second fasteners is spaced apart from each other and is distributed along a line which extends between a top edge and a bottom edge of said drape panel [FIG. 3].
Regarding claim 6, Avinger discloses that said drape panel has a first lateral edge and a second lateral edge (opposite vertical edges of the drape panel 300, shown in at least Figure 3); each of said pair of second fasteners is positioned between a respective center line of the drape panel and said second lateral edge of said drape panel; and each of said pair of second fasteners is positioned closer to said second lateral edge than said center line. As described with respect to claim 1 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the drape panel of Avinger to include the curtain rod holes of Daly to enable attachment of the drape panel to different types of window covering assemblies. It is further noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Locating the curtain rod holes at a position such that the fasteners are closer to the edge than the curtain rod holes is an obvious matter of design choice that one of ordinary skill would readily discover through routine experimentation, as there are a limited number of places that the curtain rod hole can be placed.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Avinger (U.S. Patent Application Publication No. 2016/0298386) in view of Daly (U.S. Patent Application Publication No. 2010/0051210), as applied to claim 1 above, and further in view of Dubois (U.S. Patent Application Publication No. 2017/0143150).
Regarding claim 2, Avinger, as modified above, discloses each of said curtain rod holes extending through a front surface and a back surface (Daly: paragraph 0061) at a point being spaced downwardly from a top edge of said drape panel (Daly: FIG. 12); each of said pair of curtain rod holes is spaced from a respective one of a first lateral edge and a second lateral edge of said drape panel (Daly: FIG. 12), but does not disclose a pair of annular rings.
Nonetheless, Dubois discloses a drape panel (10) comprising a pair of annular rings (18); each of said annular rings is integrated into said drape panel [FIG. 4]; each of said pair of annular rings is oriented to surround a respective one of a pair of curtain rod holes (as shown in Figure 4, the curtain rod holes of the drape panel 10 are surrounded by respective ones of the grommets 18); and each of said pair of annular rings is comprised of a resilient material (paragraph 0026 discloses a metal or plastic composition, which are both described in the specification of the instant application as examples of resilient material) wherein each of said pair of annular rings is configured to inhibit said drape panel from being damaged by the curtain rod when the curtain rod is extended through each of said pair of curtain rod holes (paragraph 0026; providing structural support via the grommets 18 inherently also performs the function of inhibiting damage).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified drape panel of Avinger, as modified above, to include the annular rings taught by Dubois, in order to provide a durable and structurally secure means for attaching the drape panel to a curtain rod or other suspension means.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Avinger (U.S. Patent Application Publication No. 2016/0298386) in view of Daly (U.S. Patent Application Publication No. 2010/0051210), Dubois (U.S. Patent Application Publication No. 2017/0143150), and Casey (U.S. Patent No. 4,631,765).
Regarding claim 7, Avinger discloses a window drape accessory device [FIGS. 2, 3] for enhancing the ornamental appearance of window drapes (paragraph 0011), said device comprising:
a drape panel (300) configured to be suspended in front of a window, wherein said drape panel is configured to ornamentally accessorize existing drapes on the window without having said drape panel covering the window (the drape panel 300 does not cover the entirety of the window by itself when installed, and therefore meets the requirements of this intended use limitation), said drape panel being manufactured in a variety of contrasting colors wherein said drape panel is configured to enhance the ornamental appearance of the existing drapes on the window (in the context of the disclosure, this limitation is understood to require that the panel be capable of being manufactured in different colors and does not positively require different colors; the drape panel 300 may be formed with different designs as described in paragraph 0023, and is formed from fabric which may be manufactured in different colors using known techniques);
a pair of first fasteners (310), each of said pair of first fasteners being attached to said drape panel (paragraph 0026), each of said pair of first fasteners being positioned adjacent to a respective side of the drape panel [FIG. 3], each of said pair of first fasteners being positioned on said front surface of said drape panel [FIG. 3], each of said pair of first fasteners being spaced apart from each other and being distributed along a line which extends between said top edge and a bottom edge of said drape panel [FIG. 3], each of said pair of first fasteners being positioned between a center line of the drape panel and said first lateral edge of said drape panel; and
a pair of second fasteners (320), each of said pair of second fasteners being attached to said drape panel (paragraphs 0025-0026), each of said pair of second fasteners being positioned adjacent to a respective side of the drape panel [FIG. 3], each of said pair of second fasteners being releasably matable to a respective one of said pair of first fasteners thereby enabling said drape panel to form a tube (paragraph 0026 discloses attaching the first and second fasteners 310, 320 to each other; this inherently forms a tube due to the connection at the edges and the absence of a connection in the interior area of the panel 300) wherein said drape panel is configured to enhance the ornamental appearance of the existing drapes on the window (paragraph 0011), each of said pair of second fasteners being positioned on said drape panel, each of said pair of second fasteners being spaced apart from each other and being distributed along a line which extends between said top edge and said bottom edge of said drape panel, each of said pair of second fasteners being positioned between a center line of the drape panel and said second lateral edge of said drape panel (spaced apart positioning of the fasteners along vertical lines between the top and bottom edges is shown in at least Figure 3).
Avinger does not disclose that the drape panels has a pair of curtain rod holes, annular rings, positioning of the second fasteners on the back surface of the drape panel relative to a front surface on which the first fasteners are positioned, or that the width of the drape panel is no greater than 53.0 cm.
Nonetheless, Daly discloses a window drape accessory device comprising a drape panel (30, 20A) having a pair of curtain holes (a pair of holes are defined at opposite edges of the panel 30; identified as reference number 25 in Figure 12 and described as apertures 32 in paragraph 0061) configured to insertably receive a curtain rod thereby enabling said drape panel to be suspended in front of a window (paragraph 0061), each of said curtain rod holes extending through a front surface and a back surface of said drape panel at a point being spaced downwardly from a top edge of said drape panel (paragraph 0061) [FIG. 12], each of said pair of curtain rod holes being spaced from a respective one of a first lateral edge and a second lateral edge of said drape panel [FIG. 12].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the drape panel of Avinger to include the curtain holes taught by Daly, in order to enable connection of the panel to a curtain rod or other curtain suspension device requiring holes in the drapery, so as to expand the range of uses of the panel for different existing window covering assemblies. Providing the holes of Daly would inherently result in the first and second pairs of fasteners being adjacent to respective ones of the curtain rod holes, as the fasteners of Avinger are aligned along outer edges of the panel and Daly teaches provision of the curtain rod holes along a horizontal upper edge of the panel between said outer edges. It is further noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Locating the curtain rod holes at a position such that the fasteners are closer to the edge than the curtain rod holes is an obvious matter of design choice that one of ordinary skill would readily discover through routine experimentation, as there are a limited number of places that the curtain rod hole can be placed.
Furthermore, Dubois discloses a drape panel (10) comprising a pair of annular rings (18); each of said annular rings is integrated into said drape panel [FIG. 4]; each of said pair of annular rings is oriented to surround a respective one of a pair of curtain rod holes (as shown in Figure 4, the curtain rod holes of the drape panel 10 are surrounded by respective ones of the grommets 18); and each of said pair of annular rings is comprised of a resilient material (paragraph 0026 discloses a metal or plastic composition, which are both described in the specification of the instant application as examples of resilient material) wherein each of said pair of annular rings is configured to inhibit said drape panel from being damaged by the curtain rod when the curtain rod is extended through each of said pair of curtain rod holes (paragraph 0026; providing structural support via the grommets 18 inherently also performs the function of inhibiting damage).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified drape panel of Avinger, as modified above, to include the annular rings taught by Dubois, in order to provide a durable and structurally secure means for attaching the drape panel to a curtain rod or other suspension means.
Furthermore, Casey discloses a window drape accessory (column 1, line 10) comprising a drape panel (28) having a pair of first fasteners (29) formed on a front side of the drape panel and a pair of second fasteners (30) positioned on a back side of the panel (column 4, lines 7-10).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second fasteners of Avinger to be positioned on opposite sides of the drape panel, as taught by Casey, in order to provide means for connecting multiple panels together to produce a desired assembly while maintaining a continuous surface for adjacent modules, and to allow for a more seamless connection of the fasteners that better hides the connections from immediate view.
It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the drapery panel of Avinger to be no greater than 53 cm in width, in order to provide a balanced and aesthetic appearance for the panel, and to ensure a reliable fit within existing drapery installations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABE MASSAD/Primary Examiner, Art Unit 3634