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
This is a non-final First Office Action on the Merits in application 18/798,103, filed 8/8/2024, which is a continuation as discussed in the disclosure.
The substitute specification filed 10/23/2024 has been entered.
Claims 1-29 are pending and examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/8/2024 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 308-1 and 308-2(see Fig. 25).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 314-2(see Fig. 32).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 320-1 and 320-2(see Fig. 32).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 326-1 and 326-2(see Fig. 33).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 328-1(see Fig. 32).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 330-2(see Fig. 32).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 332-2(see Fig. 33).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the
description: 334-1 and 334-2(see Fig. 33).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to
the specification to add the reference character(s) in the description in compliance with
37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the
application. Any amended replacement drawing sheet should include all of the figures
appearing on the immediate prior version of the sheet, even if only one figure is being
amended. Each drawing sheet submitted after the filing date of an application must be
labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37
CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be
notified and informed of any required corrective action in the next Office action. The
objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they do not include the following reference sign(s) mentioned in the
description: 320(see paras. [0071] - [0073]).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they do not include the following reference sign(s) mentioned in the
description: 334(see paras. [0072] - [0073]).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in
reply to the Office action to avoid abandonment of the application. Any amended
replacement drawing sheet should include all of the figures appearing on the immediate
prior version of the sheet, even if only one figure is being amended. Each drawing sheet
submitted after the filing date of an application must be labeled in the top margin as
either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the
changes are not accepted by the examiner, the applicant will be notified and informed of
any required corrective action in the next Office action. The objection to the drawings
will not be held in abeyance.
Claim Objections
Claims 3-5, 7-8, 11-12, 14-19, 21, 25-26 and 28-29 are objected to because of the following informalities: in claims 3-4, 7-8, 12, 16-17 and 21, “each member” should be “each of the members”, in claims 3, 7, 11-12, 14-18, 21, 25-26 and 28-29, “an adjacent member” should be “an adjacent one of the members”; and in claims 5 and 19, “string” should be “the string”. Appropriate correction is required.
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.
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 1-2 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kirby(U.S. Pat. Appl. Publ. 2019/0186198; cited on IDS filed).
Regarding claims 1-2, Kirby discloses a manually operated window treatment system(10, see para. [0014]), comprising: a roller tube(12) that is supported at opposed ends thereof(16, see para. [0015] and Fig. 1);
a covering material(14, see para. [0014]) that is attached to the roller tube(see Fig. 1), the covering material operable between a raised position and a lowered position via rotation of the roller tube; and
a chain(100) configured to be operated by a user to rotate the roller tube, the chain including a plurality of members(110, see Fig. 2-7) joined in a continuous loop(see Figs. 2-4), wherein the chain has a first minimum bend radius(R1, see para. [0019] and Fig. 4) when bent in a first direction(bent upwardly, see Figs. 2-4) and a second minimum bend radius(top radius, see para. [0019]) when bent in a second direction(bent downwardly, see Figs. 2-4), and wherein the first minimum bend radius(R1) is less than the second minimum bend radius(see para. [0019]).
Regarding claim 11, Kirby discloses the chain of claim 2, wherein each of the plurality of members(114) comprises a body(116, see Figs. 5-8) and an arm(114 or 132) extending from the body, and wherein the arm of each of the plurality of members is coupled to a body of an adjacent member.
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 3, 17 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Kirby.
Kirby discloses the chain of claim 2, wherein each member of the chain is configured to contact an adjacent one of the members of the chain to restrict bending of the chain in the second direction such that a minimum bend radius of the chain in the second direction is greater than or equal to a specific length but lacks the specific length.
Applicant’s disclosure lends no criticality to the specific bend radius(see paras. [0005], [0019], [0021], [0066] and [0085]).
Therefore, the specific bend radius is considered a feature best determined by a skilled artisan given the intended use of the chain and specific design requirements thereof, such as sprocket size.
Regarding claim 25, Kirby discloses the chain of claim 17, wherein each of the plurality of members(114) comprises a body(116, see Figs. 5-8) and an arm(114 or 132) extending from the body, and wherein the arm of each of the plurality of members is coupled to a body of an adjacent member.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 and 17-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,065,877. Although the claims at issue are not identical, they are not patentably distinct from each other because:
1. A manually operated window treatment system, comprising: a roller tube that is supported at opposed ends thereof; a covering material that is attached to the roller tube, the covering material operable between a raised position and a lowered position via rotation of the roller tube; and a chain configured to be operated by a user to rotate the roller tube, the chain including a plurality of members joined in a continuous loop, wherein the chain has a first minimum bend radius when bent in a first direction and a second minimum bend radius when bent in a second direction, and wherein the first minimum bend radius is less than the second minimum bend radius.
20. A manually-operated window treatment system, comprising: a roller tube that is supported at opposed ends thereof; a sprocket coupled to the roller tube; a covering material that is attached to the roller tube, the covering material operable between a raised position and a lowered position via rotation of the roller tube; and a chain configured to be operated by a user to rotate the roller tube, the chain including a plurality of members joined in a continuous loop, wherein the chain has a first minimum bend radius when bent in a first direction toward a center of the continuous loop and a second minimum bend radius when bent in a second direction away from the center of the continuous loop, and wherein the first minimum bend radius is less than the second minimum bend radius.
2. A chain for a window treatment, the chain comprising a plurality of members joined in a loop, wherein the chain has a first minimum bend radius when bent in a first direction and a second minimum bend radius when bent in a second direction, and wherein the first minimum bend radius is less than the second minimum bend radius.
1. A chain for a window covering comprising a plurality of serially coupled members that form a continuous loop; wherein each of the plurality of serially coupled members includes a body and a structural element affixed to the body, the structural element to contact an adjacent member of the plurality of members; wherein the chain has a first minimum bend radius in a first direction, the first bend radius toward the center of the continuous loop; wherein the chain has a second minimum bend radius in a second direction opposite the first direction, the second direction away from the center of the continuous loop; and wherein the second minimum bend radius is greater than the first minimum bend radius.
See claim 13 too.
3. The chain of claim 2, wherein each member of the chain is configured to contact an adjacent member of the chain to restrict bending of the chain in the second direction such that a minimum bend radius of the chain in the second direction is greater than or equal to about three inches.
17. A chain for a window treatment, the chain comprising a plurality of members joined in a loop, wherein each member of the chain is configured to contact an adjacent member of the chain to restrict bending of the chain in at least one direction such that a minimum bend radius of the chain the in at least one direction is greater than or equal to about three inches.
2. The chain of claim 1 wherein the second bend radius is greater than or equal to about three inches.
See claim 15 too.
4/18. The chain of claim 2/17, wherein the chain further comprises a flexible elongate string, and wherein the plurality of members are fixedly coupled to the string such that each member of the plurality of members is located at a respective position along a length of the string, and wherein each of the plurality of members comprises a body coupled to the string and an arm extending from the body, and wherein the arm of each of the plurality of members is configured to contact an adjacent member when the string is bent in the first direction to restrict bending of the string in the first direction.
3. The chain of claim 1: wherein the chain further comprises a flexible elongated member; wherein the body of each of the plurality of members is fixedly coupled to the elongated member such that each member of the plurality of members is located at a respective position along a length of the elongated member; wherein the structural element includes an arm extending from the body of each of the plurality of members; and wherein the arm extending from the body of each of the plurality of members contacts at least a portion of an adjacent member of the plurality of members when the elongated member is bent in the second direction to restrict bending of the elongated member in the second direction.
5/19. The chain of claim 4/18, wherein the arm of each of the plurality of members extends substantially parallel to a section of string that passes through that member's body.
4. The chain of claim 3, wherein the arm extending from the body of each of the plurality of members extends substantially parallel to a section of the elongated member that passes through the body.
6/20. The chain of claim 4/18, wherein the body of each of the plurality of members is substantially spherical and is sized and configured to be received by a sprocket of the window treatment.
5. The chain of claim 3, wherein the body of each of the plurality of members is substantially spherical and is sized and configured to be received by the drive sprocket of the shade.
7/21. The chain of claim 4/18, wherein the body of each of the plurality of members defines a cavity, and wherein the arm of each member is at least partially disposed in the cavity of an adjacent member when the chain is straight.
6. The chain of claim 3, wherein the body of each of the plurality of serially coupled members includes a cavity, and wherein the arm of each of the plurality of members is at least partially disposed in the cavity of an adjacent one of the plurality of members member when the plurality of members are linearly aligned.
8/22. The chain of claim 4/18, wherein the arm of each member of the plurality of members extends from that member's body in only a single direction.
7. The chain of claim 3, wherein the arm extends from the body of each member of the plurality of members in only a single direction.
9/23. The chain of claim 4/18, wherein the arm of each member of the plurality of members extends from that member's body in two directions.
8. The chain of claim 3, wherein the arm extends from the body of each member of the plurality of members in two directions.
10/24. The chain of claim 9/23, wherein the arm of each member of the plurality of members extends from that member's body in two collinear directions.
6. The chain of claim 3, wherein the body of each of the plurality of serially coupled members includes a cavity, and wherein the arm of each of the plurality of members is at least partially disposed in the cavity of an adjacent one of the plurality of members member when the plurality of members are linearly aligned.
11/25. The chain of claim 2/17, wherein each of the plurality of members comprises a body and an arm extending from the body, and wherein the arm of each of the plurality of members is coupled to a body of an adjacent member.
9. The chain of claim 1: wherein the structural element includes an arm extending from the body; wherein the arm extending from the body of each of the plurality of members is couplable to the body of an adjacent member of the plurality of members; and wherein the arm of each member of the plurality of members includes a first end having two projections forming a fork and a second end, the fork configured to receive, between the two projections, the second end of the arm extending from the body of an adjacent one of the plurality of members.
12/26. The chain of claim 11/25, wherein the arm of each member of the plurality of members includes two projections forming a fork, the fork configured to receive the arm of an adjacent member between the two projections.
See claim 9.
13/27. The chain of claim 12/26, wherein the fork of the arm of each member of the plurality of members is disposed within the body of that member.
10. The chain of claim 9, wherein the fork of the arm extending from the body of each of the plurality of members is disposed within the body of that member.
14/28. The chain of claim 12/26, wherein the arm of each member of the plurality of members has a branch extending between that member and an adjacent member and the fork extends at an oblique angle to the branch.
11. The chain of claim 9, wherein the arm extending from the body of each of the plurality of members has a branch extending between that member and an adjacent member and the fork extends at an oblique angle to the branch.
15/29. The chain of claim 11/25, wherein the arm of each member of the plurality of members includes two projections forming a fork, and wherein the body of an adjacent member is disposed at least partially between the two projections of the fork.
See claim 9.
16. The chain of claim 15, wherein the body of each member defines a recess extending from an outer face of the body and the arm of an adjacent member is disposed in the recess, wherein the arm extends along a central longitudinal axis, and wherein the recess is non- symmetric with respect to the central longitudinal axis such that contact of a wall of the recess with the arm of the adjacent member limits rotation of the member with respect to the adjacent member.
6. The chain of claim 3, wherein the body of each of the plurality of serially coupled members includes a cavity, and wherein the arm of each of the plurality of members is at least partially disposed in the cavity of an adjacent one of the plurality of members member when the plurality of members are linearly aligned.
Allowable Subject Matter
Claim 16 is 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.
No prior art of record shows a chain having a plurality of members joined in a loop with differing radius when bent in differing directions, the members having a body and an arm couplable to adjacent members, and each member defining a recess with the specific orientation of the recess with an axis of the member to limit rotation of the members, nor any motivation to do so.
Prior Art
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 BETH A. STEPHAN whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BETH A. STEPHAN
Primary Examiner
Art Unit 3633
/Beth A Stephan/