DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 9/19/2024.
Status of the claims: Claims 1-36 are hereby examined below.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Specification
The disclosure is objected to because of the following informalities: the specification fails to provide reference numbers or describe the two side edges, top edge and bottom edge of the expandable vane cell as recited in claims 1 and 26.
Appropriate correction is required.
Drawings
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) for the following parts: the two side edges, top edge and bottom edge of the expandable vane cell as recited in claims 1 and 26. 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 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 15-23 and 33-35 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.
Claims 15 and 33 recite “at least one of a first group consisting of a first crease, a first fold line, a first tip and a first apex located between the top edge and the bottom edge of the continuous sheet of material”. Does this mean the first group requires each of these elements or at least one of these elements? This language is confusing and unclear.
Claim 16 recites “connected directly to at least one of the front or rear vertical support members at the at least one first group”. While claim 15 recites “has at least one of a first group”, the language of claim 16 is unclear and examiner does not know what exactly this means.
Claim 21 recites “the second group is formed”. While claim 20 recites “at least one of a second group”, the language of claim 21 is confusing and unclear.
Claim 34 appears to contradict claim 33 from which it depends. How can the first group be not directly connected to the front or rear support members in claim 33, but be directly connected to the front or rear support members in claim 34. Examiner does not know how this can be true.
Dependent claims are rejected as depending from a rejected claim.
Claim are being examined as best understood.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1-8,12-20,23-30,33,35 and 36 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Corey et al US2001/0054490.
In regard to claim 1, Corey et al ‘490 discloses a flexible panel for an architectural opening, said flexible panel comprising: a front exterior vertical support member (formed by 16, Fig. 23) having a height and width; a rear exterior vertical support member (formed by 16, Fig. 23) having a height and a width, the rear exterior vertical support member moveable relative to the front exterior vertical support member (via rotation of 86, Fig. 23); a plurality of expandable, horizontally extending, vane cells (14”, Fig. 23) that extend horizontally along the width of the front and rear vertical support members (16) and span between and connect the front and rear vertical support members; and a plurality of gap cells (space between adjacent 14”) different from the expandable, horizontally extending, vane cells (14”), wherein: both the plurality of expandable vane cells (14”)and the plurality of gap cells are spaced along the height of the front vertical support member (16) and the rear vertical support member (16) when the front exterior vertical support member and the rear vertical support member are spaced apart from each other; each expandable vane cell (14”) is separately formed of a different material than either of the front vertical support member and the rear vertical support member (paragraph [0079] states that Mylar can be used for the vane while the support members are sheers (paragraph [0078]); each expandable vane cell is formed of a continuous sheet of material (paragraph [0079] states that it is extruded with no seams) having two side edges, a top edge, and a bottom edge, the continuous sheet of material is interconnected together to define a sidewall of an expandable tube that encloses an interior space; and each expandable vane cell (14”) is adhesively attached (at 54, as shown in Figures 11-17) directly to the front vertical support member (16) at at least one front connection location of the expandable vane cell and adhesively attached directly to the rear vertical support member (16) at at least one rear connection location of the expandable vane cell.
In regard to claims 2-3, Corey et al ‘490 disclose wherein in a fully extended position (Fig. 23) each expandable vane cell (14”) has a vane cell height along the front and rear exterior vertical support members (16) ; and each gap cell (between adjacent 14”) has a gap cell height along the front and rear exterior vertical support members, wherein the expandable vane cell height is different from the gap cell height, wherein the gap cell height is greater than the vane cell height. (shown in Fig. 23)
In regard to claim 4, Corey et al ‘490 disclose wherein the plurality of expandable vane cells (14”) alternate with the plurality of gap cells along the height of the front and rear exterior support members (16).
In regard to claims 5-6, Corey et al ‘490 disclose wherein both the front exterior vertical support member (16) or the rear exterior vertical support member (16) is formed of a sheer material that permits light to pass therethrough.
In regard to claim 7, Corey et al ‘490 disclose wherein one of the front or rear vertical support member (16) is formed of a material of higher light transmissivity than the material forming the plurality of expandable vane cells (14”). (support members are sheers and the vane cells are Mylar)
In regard to claim 8, Corey et al ‘490 disclose wherein the plurality of expandable, horizontally extending, vane cells (14”) are formed of a non-woven material (Mylar, paragraph [0079]) that is less translucent than either the front vertical support member (16) and the rear vertical support member (16).
In regard to claim 12, Corey et al ‘490 disclose wherein each expandable, horizontally extending, vane cell (14”) is formed of a top vane portion (62, Fig. 23) and a bottom vane portion (64, Fig. 23) where each top vane portion and each bottom vane portion extends from the front vertical support member to the rear vertical support member, and the top vane portion (62) and bottom vane portion (64) are substantially parallel and substantially similarly shaped when the flexible panel is in a collapsed configuration (rolled around 86) where the front exterior vertical support member (16) is positioned adjacent to the rear exterior vertical support member(16) .
In regard to claim 13, Corey et al ‘490 disclose wherein each of the expandable, horizontally extending, vane cell (14”) is formed of only a single, continuous sheet of material (as disclosed above, when extruded with no seams).
In regard to claim 14, Corey et al ‘490 disclose wherein at least one of the expandable, horizontally extending, vane cells (14”) is formed of multiple layers (with 74).
As best understood, in regard to claim 15, Corey et al ‘490 disclose wherein each of the plurality of expandable vane cells (14”) has at least one of a first group consisting of a first crease (, left side between 62 and 64) and a first apex (top of 62).
As best understood, in regard to claim 16, Corey et al ‘490 discloses wherein at least one of the expandable, horizontally extending, vane cells is adhesively connected directly (via 54) to at least one of the front or rear vertical support members at the at least one first group (crease).
As best understood, in regard to claims 17-18, Corey et al ‘490 disclose wherein the at least one of the first group (first apex) is adjacent to, spaced from, and not directly connected to either one of the front or rear exterior vertical support members (16) or connection locations.
As best understood, in regard to claim 19, Corey et al ‘490 disclose wherein each expandable, horizontally extending, vane cell (14”) is formed of a top vane portion (62) and a bottom vane portion (64) where each top vane portion (62) and each bottom vane portion (64) extends from the front vertical support member (16) to the rear vertical support member (16), wherein at least one of the plurality of expandable, horizontally extending, vane cells has the at least first group such that the top vane portion and the corresponding bottom vane portion of the at least one expandable vane cell forms an acute angle with the interior space of its respective expandable vane cell.
As best understood, in regard to claim 20, Corey et al ‘490 discloses wherein each expandable, horizontally extending, vane cell (14”) has at least one of a second group consisting of a second crease (right side between 62 and 64) and a second apex (bottommost portion of 64).
In regard to claim 23, Corey et al ‘490 discloses wherein one of the front or rear connection locations (at 54) ) is adjacent to and spaced from the at least one of the first group (first apex) and the other one of the front or rear connection locations is adjacent to, spaced from, and not directly attached to the second group (second apex).
In regard to claim 24, Corey et al ‘490 discloses wherein each expandable, horizontally extending, vane cell (14”) is formed of a top vane portion (62) and a bottom vane portion (64) where each top vane portion (62) and each bottom vane portion (64) extends from the front vertical support member (16) to the rear vertical support member (16) and wherein the top vane portion (62) forming one of the respective flexible vane cells is connected directly to at least one of the front exterior vertical support member (16) or the rear exterior vertical support member at only the first connection location (54), and the bottom vane portion (64) forming the respective flexible vane cell is connected directly to the other one of the front exterior vertical support member (16) or the rear exterior vertical support member at only the second connection location (54).
In regard to claim 25, Corey et al ‘490 discloses a roller (86), and the front and rear exterior vertical support members (16) are attached to and are configured to wind and unwind around the roller.
In regard to claim 26, Corey et al ‘490 disclose a flexible panel for an architectural opening, said flexible panel comprising: a front exterior vertical support member (16, left side)) having a height and width, the front exterior vertical support member formed from a sheer material that permits light to pass therethrough; a rear exterior vertical support member (16, right side) having a height and a width, the rear exterior vertical support member formed of a sheer material that permits light to pass therethrough, the rear exterior vertical support member moveable laterally and vertically relative to the front exterior vertical support member (via 86); and a plurality of expandable, horizontally extending, vane cells (14”), each vane cell extending between and connecting the front exterior vertical support member (16, left) and the rear exterior vertical support member (16, right)and having a top vane portion (62) and a bottom vane portion (64), the top and bottom vane portions defining an enclosed tube that forms an interior cavity, the tube extending horizontally along the width of the front and rear exterior vertical support members, wherein: each expandable, horizontally extending, vane cell (14”) is vertically spaced apart from an adjacent expandable, horizontally extending, vane cell along the height of the front and rear exterior vertical support members to form a gap between adjacent expandable, horizontally extending, vane cells (14”) ; each expandable cell (14”) is separately formed of a material that is different than and less translucent than the front and rear exterior vertical support members (paragraph [0079] states that the vane cells are formed of Mylar) ; each expandable vane cell is formed of a single continuous sheet of material (via extrusion, paragraph [0079]) having two side edges, a top edge, and a bottom edge, the top edge and bottom edge of the continuous sheet of material connected together to form the enclosed tube that forms the interior cavity; each expandable vane cell (14”) is adhesively attached (via 54, Fig. 14) directly to the front vertical support member (16) at at least one front connection location and adhesively attached directly to the rear vertical support member at at least one rear connection location; and the tube and the interior cavity expands or contracts in response to moving the front and rear exterior vertical support members (16) laterally further apart or closer together while the flexible panel is in a fully extended position.
In regard to claim 27, Corey et al ‘490 disclose wherein a height of the gap between adjacent expandable, horizontally extending, vane cells (14”) along the front and rear exterior vertical support members is different from the height of the expandable, horizontally extending, vane cells along the front and rear exterior vertical support members.
In regard to claim 28, Corey et al ‘490 disclose wherein the height of the gap (between adjacent 14”) is greater than the height of the plurality of flexible vane cells along the front and rear exterior vertical support members when the front and rear exterior vertical support members are spaced apart from each other.
In regard to claim 29, Corey et al ‘490 disclose wherein the material forming each expandable, horizontally extending, expandable vane cell (14”) is connected to the front exterior vertical support member (16, left) at only the front connection location, and connected to the rear exterior vertical support member (16, right) at only the rear connection location.
In regard to claim 30, Corey et al ‘490 disclose wherein the plurality of expandable, horizontally extending, vane cells (14”) are formed of a non-woven material (Mylar) that is less translucent than either the front vertical support member (16, left) and the rear vertical support member (16, right).
As best understood, in regard to claim 33, Corey et al ‘490 disclose wherein each of the plurality of expandable vane cells (14”) has at least one of a first group consisting of a a first apex (top of 62) such that the top vane portion (62) and the corresponding bottom vane portion (64) of each flexible vane cell forms an acute angle with the interior cavity of its respective flexible vane cell (14”), wherein the first group (apex) is adjacent the front exterior vertical support member (16), spaced from the first connection location, and not directly connected to either of the front or rear exterior vertical support members.
In regard to claim 35, Corey et al ‘490 disclose each expandable, horizontally extending, vane cell (14”) has a second group consisting of a apex (bottom of 64) such that the top vane portion (62) and the corresponding bottom vane portion (64) of each flexible vane cell forms an acute angle with the interior of its respective flexible vane cell; and one of the first connection location or the second connection location is adjacent to and spaced from the first group (top apex) and the other one of the first connection location or the second connection location is adjacent to and spaced from the second group (bottom apex), and the second group is not directly connected to the other one of the front or rear vertical support members.
In regard to claim 36, Corey et al ‘490 disclose wherein the flexible panel, including the plurality of expandable vane cells (14”), is configured to be sufficiently flexible to wind around a roller (86).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9-11,21,22,31,32 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Corey et al US2001/0054490.
In regard to claims 9 and 31, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985
Corey et al ‘490 fail to disclose wherein each continuous sheet of material of each expandable, horizontally extending, vane cell is folded over onto itself to form the expandable, horizontally extending, vane. However, it would have been obvious to form the van cell by folding it over onto itself since Corey et al ’490 discloses that folding a material on itself to form a feature is a known manufacturing process. (paragraph [0017]). Such would have been obvious to one having ordinary skill in the art before the effective filing date of the invention.
In regard to claims 10 and 32, Fig. 23 of Corey et al ‘490 fails to disclose each continuous sheet of material of each expandable, horizontally extending, vane cell is adhesively connected together at or adjacent to the top and bottom edge to form the expandable, horizontally extending, vane. However, Fig. 14 of Corey et al ‘490 discloses each continuous sheet of material of each expandable, horizontally extending, vane cell (14”’) is adhesively connected together (by 54) at or adjacent to the top and bottom edge to form the expandable, horizontally extending, vane. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to form the vane cell by adhesively connecting a top and bottom edge as Corey et al ‘490 discloses such is a known method of forming a vane. Such may be cheaper than extruding a seamless vane.
In regard to claim 11, Fig. 23 of Corey et al ‘490 fails to disclose wherein in at least one expandable, horizontally extending, vane cell a region adjacent the top edge forms a tab and the bottom edge overlaps and is adhesively attached to the tab. Fig. 14 of Corey et al ‘490 dicloses wherein in at least one expandable, horizontally extending, vane cell (14”’) a region adjacent the top edge forms a tab (near the end) and the bottom edge overlaps and is adhesively attached to the tab (via 54). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to form the vane cell by adhesively connecting a top and bottom edge as Corey et al ‘490 discloses such is a known method of forming a vane. Such may be cheaper than extruding a seamless vane.
In regard to claim 21, Corey et al ‘490 fails to disclose wherein the second group is formed by adhesively attaching the top edge and the bottom edge of the continuous sheet of material together. However, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985 It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to form the crease by adhesively attached the top and bottom edges of the sheet of material together (similar to Fig. 14) as Corey et al ‘490 discloses such is a known method of forming a vane. Such may be cheaper than extruding a seamless vane.
In regard to claim 22, Corey et al ‘490 discloses wherein at least one of the expandable, horizontally extending, vane cells (14”) is adhesively connected (via 54) to at least one of the front or rear connection locations at the adhesive attachment of the second group (right side crease between 62 and 64).
Conclusion
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 JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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