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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-14, 17-18 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Benjamin (NL1007720).
Benjamin figures 1-8, shows a bellow-shaped insect netting (9, figure 1) for a ventilation window of a greenhouse, having a folded condition in which the insect netting is compacted and an unfolded condition in which the insect netting forms at least a first wall and a second wall which are angled with respect to each other and meet each other at a corner portion, thus forming an inner side and an outer side of the insect
netting, wherein the insect netting comprises a plurality of bellow sections(figure 3), wherein each bellow section has a first bellow section portion and a second bellow section portion, which are fixed to each other at one of the inner side and the outer side so as to form a plie and lie onto each other in the folded condition, wherein the first bellow section portion comprises a first strip along the first wall and a second strip along the second wall which are fixed to each other through a first seam at mutual rims of the first and second strips of the first bellow section portion which face each other at
the corner portion, and the second bellow section portion comprises a first strip along the first wall and a second strip along the second wall which are fixed to each other through a second seam at mutual rims of the first and second strips of the second bellow section portion which face each other at the corner portion(13), wherein the first seam and the second seam have different locations(see figures 2-5) at the corner portion as seen in a direction perpendicular to a plane in which the bellow section lies in the folded condition of the insect netting.
Per claim 2, Benjamin(figures 5-8) further shows the first seam and the second seam are angled with respect to each other at the corner portion as seen in a direction perpendicular to the plane in which the bellow section lies in the folded condition of the insect netting.
Per claim 3, Benjamin(10, 11, figures 1-2) further shows the first wall and the second wall are substantially perpendicular to each other.
Per claim 4, Benjamin (figures 7, 9-10) further shows at the corner portion a transverse end of the first strip of the first bellow section portion is fixed to a longitudinal side of the second strip of the first bellow section portion, wherein at the corner portion a transverse end of the second strip of the second bellow section portion is fixed to a longitudinal side of the first strip of the second bellow section portion.
Per claim 5, Benjamin(figure 1) further shows the first bellow section portion is a lower bellow section portion and the second bellow section portion is an upper bellow
section portion extending above the lower bellow section portion, wherein the first strip of the upper bellow section portion extends above the first strip of the lower bellow section portion and an end portion of the second strip of the lower bellow section portion, whereas the second strip of the lower bellow section portion extends below the second strip of the upper bellow section portion and an end portion of the first strip of the upper bellow section portion (inherently so as the net is a bellow figure).
Per claim 8, Benjamin further shows the first and second strips of the first and second bellow section portions are elongated pieces.
Per claim 9, Benjamin(figure 1) further shows the bellow section has a U-shape.
Per claim 10, Benjamin(figures 1-7) further shows a greenhouse(title) comprising:
an inclined roof including an opening and a ventilation window(6) which is rotatable between a closed condition in which it covers the opening and an open condition in which the opening forms a ventilation passage; and an insect netting(9), which is mounted to the ventilation window and surrounding edges around the opening, the insect netting comprising: a bellow-shaped insect netting(9, figure 1) for a ventilation window of a greenhouse, having a folded condition in which the insect netting is compacted and an unfolded condition in which the insect netting forms at least a first wall and a second wall which are angled with respect to each other and meet each other at a corner portion, thus forming an inner side and an outer side of the insect netting, wherein the insect netting comprises a plurality of bellow sections, wherein each bellow section has a first bellow section portion and a second bellow section portion, which are fixed to each other at one of the inner side and the outer side so as to form a plie and lie onto each other in the folded condition, wherein the first bellow section portion comprises a first strip along the first wall and a second strip along the second wall which are fixed to each other through a first seam at mutual rims of the first and second strips of the first bellow section portion which face each other at the corner portion, and the second bellow section portion comprises a first strip along the first wall and a second strip along the second wall which are fixed to each other through a second scam at mutual rims of the first and second strips of the second bellow section portion which face each other at the corner portion, wherein the first seam and the second seam have different locations at the corner portion as seen in a direction perpendicular to a plane in which the bellow section lies in the folded condition of the insect netting.
Per claim 11, Benjamin(figures 6-7) further shows the first seam and the second seam are angled with respect to each other at the corner portion as seen in a direction perpendicular to the plane in which the bellow section lies in the folded condition of the insect netting.
Per claim 12, Benjamin(figure 7) further shows the first wall and the second wall are substantially perpendicular to each other.
Per claim 13, Benjamin further shows at the corner portion a transverse end of the first strip of the first bellow section portion is fixed to a longitudinal side of the second strip of the first bellow section portion, wherein at the corner portion a transverse end of the second strip of the second bellow section portion is fixed to a longitudinal side of the first strip of the second bellow section portion.
Per claim 14, Benjamin further shows the first bellow section portion is a lower
bellow section portion and the second bellow section portion is an upper bellow section portion extending above the lower bellow section portion, wherein the first strip of the upper bellow section portion extends above the first strip of the lower bellow section portion and an end portion of the second strip of the lower bellow section portion, whereas the second strip of the lower bellow section portion extends below the second strip of the upper bellow section portion and an end portion of the first strip of the upper bellow section portion.
Per claim 17, Benjamin further shows the first and second strips of the first and
second bellow section portions are elongated pieces (figure 5).
Per claim 18, Benjamin further shows the bellow section has a U-shape(figure 1).
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.
Claim(s) 6-7, 15-16 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Benjamin (NL1007720).
Benjamin shows all the claimed limitations except for the insect netting is fused,
stitched or adhered at the first and second seams, the first bellow section
portion and the second bellow section portion are fused, stitched or adhered to each other at one of the inner side and the outer side.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Benjamin to show the insect netting is fused, stitched or adhered at the first and second seams, the first bellow section
portion and the second bellow section portion are fused, stitched or adhered to each other at one of the inner side and the outer side since stitching, fusing, adhering are well known methods for joining two screen sheets together at the joint, and one having ordinary skill in the art would have found it obvious to join Benjamin’s screens together at the seams with any of the well-known methods for joining screens as long as the joining method provides for the necessary holding of the screen together at the seams.
Response to Arguments
Applicant's arguments filed 7/8/2026 have been fully considered but they are not persuasive.
With respect to applicant stating Benjamin not showing the seams “ have different locations at the corner portion as in seen in a direction perpendicular to a plane…” examiner respectfully disagrees. The second seam appears to be on top of the first seam. The location of the second seam is thus not the same location as the location of the first seam. Different positions mean not the same position. To be the same position, the positions must match along the x-y-z axes. The claimed limitations do not require the seams not aligning in the z-axis either. As the first seam is spaced vertically from the second seam, the positions are different when viewed in a direction perpendicular to a plane …folded condition…
The rejections are thus proper and maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI D Tran whose telephone number is (571)272-6864. The examiner can normally be reached M-F 8-5 EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHI D A/Primary Examiner, Art Unit 3633
Prosecution Insights