DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 11/26/2024.
Claims 1-15 are currently pending and have been examined below.
Election/Restrictions
Applicant's election with traverse of Species II, Figures 4 and 6a-9 in the reply filed on 05/14/2026 is acknowledged and considered. This was found persuasive, therefore the Election of Species Requirement has been withdrawn.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 4 - “the pull cord is connected on a first side eccentrically…to the drum axis”.
Claim 8 - “a hook or latching depression”.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
In line 7 of page 30, “the pull cord drum 3” should read --the pull cord drum 33--.
In line 19 of page 11, “a displacement device 211” should read --a displacement device 10--.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts
The abstract filed on 11/26/2024 is objected because it exceeds the 50 to 150 words and it is also not limited to a single paragraph.
Claim Interpretation
In lines 2-3 of claim 15, “a mounting profile” is brought to applicant’s attention as the displacement device in claim 1 also positively recites and introduces the mounting profile. Examiner notes that the mounting profile in claim 15 is interpreted as the same mounting profile in claim 1.
Claim Objections
Claims 1, 4-6, 9, 12, and 15 are objected to because of the following informalities:
In lines 1-2 of claim 1, “for the installation” should read --for an installation--.
In lines 9, 12, and 16 of claim 1, “which mounting profile” should read --wherein the mounting profile--.
In the respective lines 17 and 18 of claim 1, “the rear-side of the displacement device” and “the front-side of the displacement device” should respectively read --a rear-side of the displacement device-- and --a front-side of the displacement device--.
In lines 23-24 of claim 1, “an adjustment element which is rotatable and lockable or displaceable and lockable” is awkwardly written and should be amended appropriately.
In line 24 of claim 1, “which adjustment element” should read --which the adjustment element-- or --wherein the adjustment element--.
In lines 2-3 of claim 4, “the pull cord dr drum” should read --the pull cord drum--.
In line 6 of claim 5, “in which the pull cord drum” should read --wherein the pull cord drum--.
In lines 9-10 of claim 6, “which the slider is held axially displaceable but not turnable and is displaceable by rotation of the pull cord drum” seems that it should read --which the slider is held axially displaceable but not turnable, wherein the slider is displaceable by rotation of the pull cord drum--.
In lines 4-5 of claim 9, “by means of which” should read --wherein--.
In line 2 of claim 12, “claim 10, wherein,” should read --claim 10, wherein--.
In line 3 of claim 12, “the front-end”, should read --a front-end--.
In line 4 of claim 15, “a displacement device” should read --the displacement device--.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
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, 3, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Julius (DE 202020107104).
Claim 1
(Julius discloses) A displacement device (figures 1a-6a) for the installation in a door compartment (39a) of a functional entity (32) with a drive device (1; figure 1a), which comprises a spring mechanism (23), a pull cord pulley (22) coupled to the spring mechanism, and a pull cord (4), which is wound onto the pull cord pulley and guided via at least one deflection pulley (29) up to a holding element (8),
with a mounting profile (42),
which mounting profile is connected or connectable by mounting hinges (41) to a single-part or multi-part door (34a and 34b; figure 6a) and is held vertically aligned and displaceable by a holding device (45);
which mounting profile is connected on an upper end piece (upper end of 42) to an upper guide carriage (Annotated figure 6a below) that is supported displaceably on an upper guide rail (upper 38b) or is connected on a lower end piece (lower end of 42) to a lower guide carriage (Annotated figure 6a below) that is supported displaceably on a lower guide rail (lower 38b); and
which mounting profile, connected to the drive device, is automatically displaceable between a rear-sided end position (figure 5a) at the rear-side of the displacement device and a front-sided end position (figure 5b) at the front-side of the displacement device; and
with an adjustment device (6; figures 1a-1b), with which a pre-tension on the spring mechanism of the drive device can be set (Excerpt 1 from page 2 below),
wherein,
the adjustment device is arranged separated from the drive device (via 21b) and comprises an adjustment element (6) which is rotatable and lockable (Excerpt 2 from page 5 below; figures 2a-2e) or displaceable and lockable (this was interpreted as an ‘or’ clause therefore only one of the options are required to be taught by the prior art) and which adjustment element cooperates with the pull cord of the drive device in such a way that the pull cord is pullable out of the drive device by rotation or displacement of the adjustment element to set a corresponding pre-tension of the spring mechanism (Excerpt 3 from pages 6-7 below).
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Annotated figure 6a
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Excerpt 1
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Excerpt 2
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Claim 3
(Julius discloses) The displacement device according to claim 1, wherein,
the upper guide rail is connected at a front-end (end of 38b at 46; figure 6a) to an upper stop device (6a) which determines the front-end position (figure 5b), or
the lower guide rail is connected at a front-end to a lower stop device which determines the front-end position, or
the upper guide rail is connected at a front-end to an upper stop device and the lower guide rail is connected at a front-end to a lower stop device, which determine the front-end position (note that ‘or’ clause interpretation was invoked in these recitations), and
the adjusting device is mounted on the upper stop device (figure 6a) or on the lower stop device or is integrated into the upper stop device or into the lower stop device (note that ‘or’ clause interpretation was invoked in these recitations).
Claim 13
(Julius discloses) The displacement device according to claim 1, wherein, the drive device comprises a housing (21a and 21b) which is connected to the mounting profile or to the upper guide carriage (figure 6a) or to the lower guide carriage.
Claim 15
(Julius discloses) A functional entity (32), piece of furniture (figures 4a-4b) or room unit, with at least one door compartment (39a), in which a mounting profile (42; figure 6a), which is connected by hinges to a partial or multi-part door (34a-34b), is displaceably held by means of a displacement device according to claim 1 (see rejection in claim 1 above).
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 10-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Julius, as applied to claims 1, 3, 13, and 15 above, in view of Schock (DE 2847578).
Claims 10-11
(Julius discloses) The displacement device according to claim 1.
Julius fails to disclose:
(i) wherein the displaceable adjustment element of the adjustment device is a deflection unit,
(ii) which deflection unit holds a first deflection pulley via which the pull cord is guided from the drive device to a second deflection pulley and further to a stationary holding element,
(iii) which deflection unit is directly or indirectly connected to the mounting profile,
(iv) which deflection unit is displaceably mounted with respect to the drive device and with respect to the second deflection pulley that is directly or indirectly connected to the mounting profile or to one of the guide carriages, and
(v) wherein the pre-tension of the spring mechanism is adjustable by moving and locking the deflection unit. (claim 10).
(vi) wherein, the deflection unit is held form-fittingly and/or force-fittingly in a guide channel of the mounting profile and is displaceable and lockable. (claim 11).
However, Schock teaches:
A displacement device (figure 3),
(i-v) wherein a displaceable adjustment element (74 and 76) of an adjustment device (Annotated figure 3 below) is a deflection unit (74),
which deflection unit holds a first deflection pulley (74) via which a pull cord (66) is guided from a drive device (38) to a second deflection pulley (72) and further to a stationary holding element (70),
which deflection unit is directly or indirectly connected to a mounting profile (18),
which deflection unit is displaceably mounted with respect to the drive device and with respect to the second deflection pulley that is directly or indirectly connected to the mounting profile (Excerpt 4 from page 5 below) or to one of the guide carriages, and
wherein the pre-tension of a mechanism (62) is adjustable by moving and locking the deflection unit (Excerpt 4 below) (claim 10);
(vi) wherein, the deflection unit is held form-fittingly and/or force-fittingly in a guide channel (channel of 18 can be seen in figure 4) of the mounting profile and is displaceable and lockable (Excerpt 4 below) (claim 11).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the displacement device of Julius with the adjustment element of Schock for additional tensioning means therefore the tension of the pull cord is further optimized and controlled.
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Excerpt 4
Claim 12
(Julius, as modified above, discloses) The displacement device according to claim 10, wherein,
the upper guide rail is connected at a front-end (end of 38b at 46; figure 6a) to an upper stop device (6a) which determines the front-end position (figure 5b), or
the lower guide rail is connected at a front-end to a lower stop device which determines the front-end position, or
the upper guide rail is connected at a front-end to an upper stop device and the lower guide rail is connected at a front-end to a lower stop device, which determine the front-end position (note that ‘or’ clause interpretation was invoked in these recitations), and
the holding element is arranged on the upper stop device or on the lower stop device (this is taught via the combination above).
Claim 14
(Julius discloses) The displacement device with a first adjustment device according to claim 1 (the first adjustment device is the adjustment device in the rejection in claim 1 above).
Julius fails to disclose:
(i) a second adjustment device which is a deflection unit;
(ii) which deflection unit holds a first deflection pulley via which the pull cord is guided from the drive device to a second deflection pulley and further to a stationary holding element,
(iii) which deflection unit is directly or indirectly connected to the mounting profile,
(iv) which deflection unit is displaceably mounted with respect to the drive device and with respect to the second deflection pulley that is directly or indirectly connected to the mounting profile or to one of the guide carriages, and
(v) wherein the pre-tension of the spring mechanism is adjustable by moving and locking the deflection unit.
However, Schock teaches:
(i-v) a second adjustment device which is a deflection unit (74 and 76; Schock figure 3),
which deflection unit holds a first deflection pulley (74) via which a pull cord (66) is guided from a drive device (38) to a second deflection pulley (72) and further to a stationary holding element (70),
which deflection unit is directly or indirectly connected to a mounting profile (18),
which deflection unit is displaceably mounted with respect to the drive device and with respect to the second deflection pulley that is directly or indirectly connected to the mounting profile (Excerpt 4 from page 5 above) or to one of the guide carriages, and
wherein the pre-tension of a mechanism (62) is adjustable by moving and locking the deflection unit (Excerpt 4 above).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the displacement device of Julius with the adjustment element of Schock for additional tensioning means therefore the tension of the pull cord is further optimized and controlled.
Allowable Subject Matter
Claims 2 and 4-9 are allowed.
The following is an examiner's statement of reasons for allowance: Examiner agrees with the findings in the Written Opinion of the International Search Authority for PCT/EP2023/062854 of which the instant application is filed under 35 U.S.C 371. The prior art (Julius) does have an adjustment element that is rotatable and lockable, however it is not a pull cord drum, to which the cord can be wound. Furthermore, the adjustment device also does not have a housing chamber that houses the pull cord drum as required by claim 2.
Examiner also considered a relevant prior art Rupp et al. (US 11428034) (hereinafter “Rupp”) which teaches an adjustment device that provides tension to the cord by turning and locking, as required in claim 2. Rupp was not used to reject claim 2 because the adjustment element 82, which holds the cable 19, is not analogous to a drum even when considered with the Broadest Reasonable Interpretation.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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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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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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