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 14 is objected to because of the following informalities:
Claim 14 introduces “a cable end of a cable” in line 6 and again in line 14. It is understood that only one cable/cable end is required in claim 14, but the claim should be amended to clearly reference the previously introduced element.
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.
Claims 2-13 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.
Regarding claims 2-5, 9, 12, and 13, the phrases "preferably" and “in particular” render the claims indefinite because it is unclear whether the limitation(s) following the phrases are part of the claimed invention. See MPEP § 2173.05(d). In each instance of the phrases “preferably” and “in particular”, the claims are treated such that the limitations following the phrases are not positively required, and only the broadest range or configuration is required.
Dependent claims not specifically addressed above are nonetheless rejected as being dependent from a claim or claims rejected under 35 U.S.C. 112(b). All claims are examined as best understood.
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 1-10, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Draelants (EP 0207040) in view of Chen (U.S. Patent Application Publication No. 2022/0243530). Note: A copy of a machine translation of the Draelants patent document has been provided with this Office Action. References to the disclosure of Draelants are directed to the machine translation.
Regarding claim 1, Draelants discloses a motorized non-vertical sun protection screen (3; a motor is disclosed in at least paragraphs 0014 and 0029) comprising:
a frame (frame defined by housing 15 and rails 25, 27) provided with a housing (15), a first side guide (25) and a second side guide (27); a screen roller (45) rotatably attached in the housing;
a screen (11) fixedly attached at one a first end to the screen roller [FIG. 4], wherein the screen can be wound and unwound from the screen roller (paragraph 0029);
a bottom slat (20) fixedly attached to a second end of the screen [FIG. 1], the second end being located opposite to the first end [FIG. 1], wherein the bottom slat has a first end and a second end, each guided in one of the first and second side guides (opposite sides of the slat/profile 20 are guided in the side guides 25, 27 as disclosed in paragraph 0027); and
a tensioning system [FIG. 4] for keeping the screen under tension, which tensioning system comprises:
a first cable (49) extending between a first end (at 47) and a second end (at 59);
a first bobbin (47) positioned in the housing and to which the first end of the first cable is attached, wherein the first cable can be wound and unwound from the first bobbin;
a first cable anchoring (59) fixedly attached within the bottom slat and with which the second end of the first cable is anchored (paragraphs 0029-0030);
a second cable (50) extending between a first end (at 48) and a second end (at 60);
a second bobbin (48) positioned in the housing opposite the first bobbin and to which the first end of the second cable is attached [FIG. 4], wherein the second cable can be wound and unwound from the second bobbin; and
a second cable anchoring (60) fixedly attached within the bottom slat and with which the second end of the second cable is anchored (paragraphs 0029-0030).
Draelants does not disclose that the cable anchorings each comprise a frame, a bobbin, a worm gear, and a worm.
Nonetheless, Chen discloses cable anchorings each comprising a frame (20) placed in a bottom slat (50), the frame having an entry opening (23) configured for receiving a cable end of a respective cable (54) [FIG. 5A]; a bobbin (43) rotatably attached on the frame of the cable anchoring and configured for winding the cable end thereon (paragraph 0026) [FIGS. 5A-5B]; a worm gear (42) fixedly attached to the bobbin [FIG. 3]; and a worm (30) attached on the frame and engaging the worm gear (via engagement between teeth portions 33 and 42), wherein the worm and the worm gear together form a self-locking worm gear reducer (the self-locking operation is an inherent characteristic of a worm and worm gear mechanism; paragraph 0026 further discloses that reverse rotation of the worm gear requires operation via a hand tool, indicating that the worm and worm gear is locked without operation of the hand tool which reads on the limitation “self-locking” given a broadest reasonable interpretation).
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 cable anchorings of Draelants to have the frame, bobbin, and worm/worm gear configuration taught by Chen, in order to allow for adjustment of the cables so as to ensure reliable alignment of the bottom slat during movement, and to ensure that equal and adequate tension is applied to each side of the assembly.
Regarding claims 2-5, Draelants, as modified by Chen above, discloses the worm (Chen: 30) and worm gear (Chen: 42) having a screw thread, a pitch circle diameter, and an outer diameter, but does not explicitly disclose the dimensions or angle of these characteristics. It nonetheless 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 worm and worm screw of Draelants, as modified by Chen above, to have the screw thread angle, pitch circle diameter, and outer diameters within the claimed dimensions, in order to optimize the strength and durability of the cable anchorings while providing it in a compact size that is easier to manufacture and install. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 6, Draelants discloses that the tensioning system further comprises: a first guide (51, 53, 57) for guiding the first cable from the housing to the bottom slat through the first side guide via the first end of the bottom slat [FIG. 4]; and a second guide (52, 54, 58) for guiding the second cable from the housing to the bottom slat through the second side guide via the second end of the bottom slat [FIG. 4].
Regarding claim 7, Draelants discloses that the first guide comprises: a first pulley (51) within the first side guide near an end thereof (paragraph 0029), which end is located opposite to the housing [FIGS. 4, 6]; a second pulley (53) within the bottom slat near the first end thereof (paragraph 0029); and a third pulley (57) within the bottom slat (paragraph 0030) [FIG. 4], and wherein the second guide comprises: a first pulley (52) within the second side guide near an end thereof (paragraph 0029), which end is located opposite to the housing [FIGS. 4, 6]; a second pulley (54) within the bottom slat near the second end thereof [FIG. 4]; and a third pulley (58) within the bottom slat [FIG. 4].
Regarding claim 8, Draelants discloses that the tensioning system further comprises one or more tensioning elements (55) which pull the third pulley of the first guide away from the first end of the bottom slat and which pull the third pulley of the second guide away from the second end of the bottom slat (paragraphs 0030-0031).
Regarding claim 9, Draelants discloses that the one or more tensioning elements are formed by a spring element (55; paragraph 0030), in particular a tension spring (paragraph 0030 discloses that the spring 55 is under tension), which interconnects the third pulley of the first guide and the third pulley of the second guide [FIG. 4].
Regarding claim 10, Draelants discloses that the first cable anchoring is located between the second pulley and the third pulley of the first guide (as shown in Figure 4, the first anchoring 59 is between pulleys 53 and 57), and wherein the second cable anchoring is located between the second pulley and the third pulley of the second guide (as shown in Figure 4, the second anchoring 60 is between pulleys 54 and 58).
Regarding claims 14 and 15, Draelants discloses a method of mounting a cable anchoring in a motorized non-vertical sun protection screen (3), the method comprising: providing a cable anchoring (59) in a bottom slat (20) of the screen, securing the cable anchoring in the bottom slat, and connecting an end of a cable (49) to the cable anchoring (paragraph 0030) [FIG. 4], but Draelants does not disclose that the cable anchoring comprises a frame, a bobbin, a worm gear, and a worm.
Nonetheless, Chen discloses a method of mounting a cable anchoring (10) comprising: a frame (20) placed in a bottom slat (50), the frame having an entry opening (23) configured for receiving a cable end of a respective cable (54) [FIG. 5A]; a bobbin (43) rotatably attached on the frame of the cable anchoring and configured for winding the cable end thereon (paragraph 0026) [FIGS. 5A-5B]; a worm gear (42) fixedly attached to the bobbin [FIG. 3]; and a worm (30) attached on the frame and engaging the worm gear (via engagement between teeth portions 33 and 42), wherein the worm and the worm gear together form a self-locking worm gear reducer (the self-locking operation is an inherent characteristic of a worm and worm gear mechanism; paragraph 0026 further discloses that reverse rotation of the worm gear requires operation via a hand tool, indicating that the worm and worm gear is locked without operation of the hand tool which reads on the limitation “self-locking” given a broadest reasonable interpretation); securing the frame of the cable anchoring in the bottom slat (50; paragraph 0025); inserting a cable end of the cable through the entry opening and attaching it to the bobbin (paragraph 0025 discloses insertion of the cord 54 through the entry opening 23 and attachment via knot 56 to the bobbin 43); and turning the worm for tensioning the cable (paragraph 0026)
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 method and cable anchorings of Draelants to have the frame, bobbin, and worm/worm gear configuration taught by Chen, in order to allow for adjustment of the cables so as to ensure reliable alignment of the bottom slat during movement, and to ensure that equal and adequate tension is applied to each side of the assembly. It is further noted that the steps of replacing an existing cable anchoring, including relaxing the cable, detaching the cable end, removing the existing cable, and carrying out the method of claim 14 would have been obvious to one of ordinary skill in the art as a simple matter of carrying out the steps of installing one of the cable anchorings taught by Draelants as modified by Chen in a reverse order, and subsequently carrying out the steps of installing in the disclosed manner. Replacement of components in a sun protection screen assembly is a well-known requirement that is common in the art, and one of ordinary skill would be able to carry out the claimed steps using known practices and steps.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Draelants (EP 0207040) in view of Chen (U.S. Patent Application Publication No. 2022/0243530), as applied to claim 10 above, and further in view of Hermes (U.S. Patent Application Publication No. 2020/0141054).
Regarding claims 11-13, Draelants, as modified above, discloses the cables, but does not disclose that they comprise a core surrounded by a woven sheath, or formed by a plurality of parallel strands manufactured from a synthetic fiber.
Nonetheless, Hermes discloses a cable formed from a core surrounded by a woven sheath (paragraphs 0040-0041), wherein the core is formed by a plurality of parallel strands (paragraph 0041), and wherein the strands are formed from a synthetic fiber (paragraph 0031).
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 cables of Draelants, as modified above, to be formed from a core of parallel synthetic fibers surrounded by a woven sheath, as taught by Hermes, in order to provide a high-strength and durable composition for the cables that will be more reliable in repeated uses over a longer period of time.
Conclusion
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/ABE MASSAD/Primary Examiner, Art Unit 3634
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