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
Claims 2-15 are objected to because of the following informalities:
Claims 2-15 each reference the rail or method previously introduced in a prior claim--e.g. “A rail according to claim 1” or “A method according to claim 14”. Dependent claims should reference previously introduced elements/methods using --The-- instead of “A”. Claims 2-15 should be amended to instead recite --The rail according to claim 1-- or --The method according to claim 14--, etc.
Claim 14 depends from claim 1, but references “the first relative position”, “the second relative position”, and “the third relative position”. These positions are not introduced in claim 1, but they are introduced in claim 9. For the purposes of this Office action, these positions are not treated as requiring the same configuration set forth in claim 9, and are instead treated as introductions of said positions. Claim 14 should be amended to depend from claim 9, or to introduce the positions as --a first relative position-- etc.
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 1-6, 9-11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Meyerink (U.S. Patent Application Publication No. 2021/0002958) in view of Apperson (U.S. Patent No. 4,991,267).
Regarding claim 1, Meyerink discloses a rail (25) for a fabric (9) of a covering, the rail including:
a rail profile (profile of the rail shown in Figure 12E) extending elongately in a first direction and laterally in a second direction (vertical direction of the profile shown in Figure 12E) between a fabric edge (upper edge) and a wedge edge (lower edge), the second direction being perpendicular to the first direction; and
a wedge (paragraph 0038 discloses a wedge-lock used to lock together the hinge portions); wherein:
the rail profile includes:
a first wall (see annotated drawing below) extending in the first direction and extending in the second direction between the fabric edge and the wedge edge;
a second wall (see annotated drawing below) extending in the first direction and extending in the second direction between the fabric edge and the wedge edge, the first wall being separated from the second wall in a third direction perpendicular to the first and second directions (the third direction is the horizontal direction as shown in Figure 12E), the first wall having an inner surface and the second wall having an inner surface, the inner surface of the first wall facing the inner surface of the second wall (the inner surfaces of the first and second walls are the interior surfaces facing each other as shown in Figure 12E); and
a middle wall (see annotated drawing below) extending in the first direction and extending from a location on the inner surface of the first wall to a location on the inner surface of the second wall; wherein:
the middle wall, together with the inner surface of the first wall and the inner surface of the second wall between the middle wall and the wedge edge, define therebetween a wedge channel for receiving the wedge (the wedge channel is shown in the annotated drawing below), and the middle wall, together with the inner surface of the first wall and the inner surface of the second wall between the middle wall and the fabric edge, define therebetween a fabric channel for receiving a fabric of a covering;
the middle wall is at least partially elastic (the middle wall is shown as a continuous member, and is inherently elastic as it allows for bending as shown in Figure 12K) and the first wall, the second wall and the middle wall are configured such that, with the middle wall in a relaxed state, the inner surface of the first wall and the inner surface of the second wall at the fabric edge define therebetween a fabric entrance through which the fabric is able to pass into the fabric channel and the inner surface of the first wall and the inner surface of the second wall at the wedge edge define therebetween a wedge entrance to the wedge channel (as shown in Figure 12K, entrances to the fabric and wedge channels are defined in the relaxed state;
the middle wall includes an elongate deflection protruding in the second direction towards the fabric edge and defining the wedge channel with an extension in the second direction towards the fabric edge to accommodate the apex of the wedge when positioned within the wedge channel (the elongate deflection shown in Figure 12E extends towards the fabric edge, thereby defining a space capable of accommodating a wedge apex);
the extension of the middle wall from the inner surface of the first wall to the inner surface of the second wall includes, in succession, extension in the second direction towards the fabric edge, then extension in the third direction, then extension in the second direction towards the wedge edge, thereby to provide the elongate deflection [FIG. 12E].
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Meyerink does not disclose that the wedge extends in an elongate direction and has a cross section including a triangular portion, or that the midpoint of the middle wall is closer to the fabric edge than to the wedge edge.
Nonetheless, Apperson discloses a rail and wedge assembly comprising a wedge (16) that extends in an elongate direction [FIG. 1] and has a cross section along the length of the elongate direction including a triangular portion tapering from an apex to a wide portion [FIG. 2], and a rail (14) having a middle wall (44), wherein the midpoint of the middle wall between inner surfaces of respective first and second walls (40, 42) is closer to a fabric edge (at 26) than a wedge edge (at 36) [FIG. 2].
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 rail and wedge configuration of Meyerink to have the configuration taught by Apperson, in order to provide a clamping force that is adjustable to increase or decrease the amount of clamping and the distance between the ends of the walls, so as to more easily facilitate installation of the rail and to provide a more secure connection between the rail and the fabric.
Regarding claim 2, Meyerink discloses the first, second, and middle walls, and discloses that the middle wall extends from the inner surfaces of the first and second walls, but does not disclose that these locations are closer to the wedge edge than the fabric edge.
Nonetheless, Apperson discloses a rail configuration in which the middle wall extends from the first and second walls at locations closer to the wedge edge than the fabric edge [FIGS. 2, 3]. As set forth with respect to claim 1 above, 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 rail and wedge of Meyerink to have the configuration taught by Apperson in order to facilitate installation and provide a stronger and adjustable clamping force.
Regarding claim 3, Meyerink discloses that said locations from which the middle wall extends from the inner surface of the first wall and to which the middle wall extends to the inner surface of the second wall are spaced from the wedge edge between the wedge edge and the fabric edge [FIG. 12E], but does not specifically disclose that the spacing is between one quarter and one third of the distance. It nonetheless 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 middle wall locations to specifically spaced by a length of between one quarter and one third of the distance between the edges, in order to optimize for structural integrity and clamping force. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. It has also been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 4 and 5, Meyerink discloses that the thickness of the middle wall is less than the thickness of the first wall and the thickness of the second wall [FIG. 12E], such that movement of the first wall and the second wall away from each other at the wedge edge causes elastic deformation of the middle wall in preference to deflection of the first wall and the second wall (preferential deformation of the middle wall is an inherent result of the different thickness of the respective walls); wherein the thickness of the middle wall varies along its extension between the inner surface of the first wall and the inner surface of the second wall [FIG. 12E].
Regarding claim 6, Meyerink discloses that at the fabric edge, the first wall includes a first smooth and rounded surface for gripping one side of the fabric and the second wall includes a second smooth and rounded surface for gripping the other side of the fabric (as shown in Figure 12E, at least the distal end of the first and second walls include smooth surfaces, and the outer edges are rounded, which meets the requirements of the limitations given a broadest reasonable interpretation).
Regarding claims 9-11 and 13, Meyerink discloses the rail including the inner surfaces of the first and second walls and the middle wall, wherein the inner surfaces of the first and second walls taper inwardly towards each other in a direction towards the wedge edge [FIG. 12E] but does not disclose the configuration of the wedge.
Nonetheless, Apperson discloses a rail profile [FIGS. 2, 3], wherein with the elongate direction of the wedge parallel with the first direction of the rail profile, is configured: to receive, at a first relative position of the wedge, the apex of the wedge in the wedged entrance between the inner surface of the first wall and the inner surface of the second wall (a first relative position of the wedge is defined as a position in which only the distal end of the wedge is inserted into the groove 38, such that it contacts the inner walls but does not spread them apart); to allow the wedge to be moved from the first relative position inwardly into the wedge channel to a second relative position so that the triangular portion rotates the first wall and the second wall about the middle wall and thereby moves the first wall and the second wall away from each other at the wedge edge and moves the first wall and the second wall towards each other at the fabric edge to close the fabric entrance and contact the fabric between the inner surface of the first wall and the inner surface of the second wall (column 3, lines 18-28; as the wedge 16 is pushed further into the groove 38, the first and second walls are contacted along the inner surfaces thereof such that they are moved away from each other at the wedge edge at 40, 42, and the opposite fabric edges at 30, 32 are moved closer to each other; the second relative position is an intermediate position before full insertion of the wedge); and to allow the wedge to be moved from the second relative position further inwardly into the wedge channel to a third relative position so that the triangular portion rotates the first wall and the second wall about the fabric edge where the first and second walls contact the fabric and thereby further moves the first wall and the second wall away from each other at the wedge edge [FIG. 3] by elastically deforming the middle wall, the middle wall being configured, in the third relative position, to press resiliently the first wall and the second wall towards each other at the fabric edge so as to press upon and grip the fabric (column 2, line 60-column 3, line 28); wherein the cross-section of the wedge includes, on an opposite side of the wide portion to the apex, a tapered portion which tapers inwardly away from the wide portion [FIG. 3]; wherein, with the wedge edge in the third relative position within the wedge channel, the resilient returning force of the elastic deformation of the middle wall acts to press the inner surfaces of the first and second walls against the tapered portion of the wedge so as to retain the wedge within the wedge channel in the third relative position (column 2, line 60-column 3, line 17); wherein the wedge includes a base (at 46) and the tapered portion extends between the base and the wide portion [FIG. 2]; and the base includes, on each opposite side of the cross-section, a respective ledge(at 48) extending in the elongate direction and protruding beyond the tapered portion by the thickness of the respective first and second wall such that, with the wedge in the third relative position within the wedge channel, the first and second walls form respective flush surfaces with the respective ledges [FIG. 3].
As set forth with respect to claim 1 above, 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 rail and wedge of Meyerink to have the configuration taught by Apperson in order to facilitate installation and provide a stronger and adjustable clamping force.
Regarding claims 14 and 15, Meyerink discloses a method of fitting a fabric of a covering to a rail according to claim 1 (as modified above; see rejection of claim 1), the method including inserting an edge of the fabric through the fabric entrance of the rail profile and positioning the edge of the fabric within the fabric channel such that the fabric extends through the fabric entrance (the step of inserting an edge of the fabric is shown in Figure 7B and described generally in paragraphs 0038-0039; the embodiment of Figure 12E operates in the same manner). Meryerink does not disclose the steps of positioning the wedge or pressing the wedge in the second direction.
Nonetheless, Apperson discloses positioning the wedge in the first relative position with the apex of the wedge in the wedge entrance between the inner surface of the first wall and the inner surface of the second wall of the rail profile [FIG. 2]; and pressing the wedge in the second direction of the rail profile towards the fabric edge so as to move the wedge from the first relative position to the second relative position thereby rotating the first and second walls about the middle wall until the fabric entrance is closed and the fabric is contacted and held between the first and second walls (a second relative position is defined as an intermediate position in which the first and second walls are contacted and partially rotated, but the wedge is not fully seated), and so as then to move the wedge from the second relative position to the third relative position thereby rotating the first and second walls about the fabric edge where the first and second walls contact the fabric whilst elastically deforming the middle wall so that the middle wall provides the resilient returning force to grip the fabric between the first and second walls at the fabric edge (column 2, line 60-column 3, line 28) [FIG. 3]; wherein the cross-section of the wedge includes, on an opposite side of the wide portion to the apex, a tapered portion which tapers inwardly in a direction away from the wide portion [FIG. 2], and wherein when the wedge is moved from the second relative position to the third relative position, the wedge moves via an intermediate relative position at which the resilient returning force of the elastic deformation of the middle wall acts to press the inner surfaces of the first and second walls proximate the wedge edge against the wide portion of the wedge [FIG. 3], the method including moving the wedge from the intermediate relative position within the wedge channel further inwardly into the wedge channel to the third relative position so that the tapered portion of the wedge causes the first wall and second wall to move closer to each other at the wedge edge (column 2, line 60-column 3, line 28). As set forth with respect to claim 1 above, 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 rail and wedge of Meyerink to have the configuration taught by Apperson in order to facilitate installation and provide a stronger and adjustable clamping force.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Meyerink (U.S. Patent Application Publication No. 2021/0002958) in view of Apperson (U.S. Patent No. 4,991,267), as applied to claim 1 above, and further in view of Macsenti (U.S. Patent Application Publication No. 2003/0024892).
Regarding claims 7 and 8, Meyerink, as modified above, discloses that the rail is formed as a single component [FIG. 12E], but does not disclose that it is extruded or aluminum.
Nonetheless, Macsenti discloses a rail (4) formed as a single extruded component (paragraph 0020) from aluminum (claim 14 discloses extruded aluminum).
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 rail of Meyerink, as modified above, to be formed from extruded aluminum, as taught by Macsenti, in order to provide a lightweight, durable, and readily available material for the construction of the rail, that will improve longevity and structural integrity.
Allowable Subject Matter
Claim 12 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.
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.
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/ABE MASSAD/Primary Examiner, Art Unit 3634
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