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, 3, 5, 7-9, 12, 14-18 are is/are rejected under 35 U.S.C. 102a2 as being anticipated by Byun (12195888).
Byun figures 1-11, shows a shade member, comprising: a first shade element;
a second shade element; and a third shade element (100, figure 11); wherein the second shade element is situated on a first region of the first shade element, while the first shade element and the second shade element are unified by longitudinally overlapping with each other and ultrasonic welding; the third shade element is situated on a second region of the first shade element, while the first shade element and the third shade element are unified by longitudinally overlapping with each other and ultrasonic welding (col 2 line 50).
Per claim 3, Byun further shows either the first shade element comprising a thermoforming material, or both the second shade element and the third shade element comprise the thermoforming material.
Per claim 5, Byun further shows either the first shade element comprises a first base and a first coating layer which comprises a thermoforming material, or the second shade element comprises a second base and a second coating layer which comprises
the thermoforming material, and the third shade element comprises a third base and a third coating layer which comprises the thermoforming material. (col 4 lines 45-65).
Per claim 7, Byun further shows the second shade element is divided into a second inside region and a second outside region by a second midline extending longitudinally; the second inside region is close to the first shade element, and the second outside region is distanced from the first shade element; a welding region
between the first shade element and the second shade element is within the second inside region of the second shade element; the third shade element is divided into a third inside region and a third outside region by a third midline extending longitudinally;
the third inside region is close to the first shade element, and the third outside region is distanced from the first shade element; a welding region between the first shade element and the third shade element is within the third inside region of the third shade
element.
Per claims 8-9, Byun further shows the welding region between the first shade element and the second shade element is visible from at least one of the first shade element and the second shade element; the welding region between the first shade element and the third shade element is visible from at least one of the first
shade element and the third shade element, wherein the welding region between the first shade element and the second shade element is invisible as being hidden between the first shade element and the second shade element; the welding region between the first shade element and the third shade element is invisible as being hidden between
the first shade element and the third shade element (the visibility is affected per the angle of viewing; Byun shows the elements able to be viewed as claimed).
Per claim 12, Byun further shows a window blind, comprising: a headrail(200);
a control mechanism, operably disposed in the headrail(well known features in headrail of a window blind); and a covering material, connected to the control mechanism to be
drivable by the control mechanism to extend, retract, or rotate(see the adjustment cord 230 for controlling the blind); the covering material comprising plural shade members, each of the plural shade members(figure 1) comprising: a first shade element; a second shade element; and a third shade element; wherein the second shade element is situated on a first region of the first shade element, while the first shade element and
the second shade element are unified by longitudinally overlapping with each other and ultrasonic welding; the third shade element is situated on a second region of the first
shade element, while the first shade element and the third shade element are unified by longitudinally overlapping with each other and ultrasonic welding(figure 11, and col 2 line 50).
Per claim 14, Byun further shows either the first shade element comprises a thermoforming material, or both the second shade element and the third shade element comprise the thermoforming material.
Per claim 15, Byun further shows either the first shade element comprises a first base and a first coating layer which comprises a thermoforming material, or the second shade element comprises a second base and a second coating layer which comprises
the thermoforming material, and the third shade element comprises a third base and a third coating layer which comprises the thermoforming material.
Per claim 16, Byun further shows the second shade element is divided into a second inside region and a second outside region by a second midline extending longitudinally; the second inside region is close to the first shade element, and the second outside region is distanced from the first shade element; a welding region
between the first shade element and the second shade element is within the second inside region of the second shade element; the third shade element is divided into a third inside region and a third outside region by a third midline extending longitudinally;
the third inside region is close to the first shade element, and the third outside region is distanced from the first shade element; a welding region between the first shade element and the third shade element is within the third inside region of the third shade
element.
Per claims 17-18, Byun further shows the welding region between the first shade element and the second shade element is visible from at least one of the first shade element and the second shade element; the welding region between the first shade element and the third shade element is visible from at least one of the first shade element and the third shade element, the welding region between the first shade element and the second shade element is invisible as being hidden between the first shade element and the second shade element; the welding region between the first shade element and the third shade element is invisible as being hidden between
the first shade element and the third shade element (the visibility is affected per the angle of viewing; Byun shows the elements able to be viewed as claimed).
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) 2, 4, 6 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (12195888).
Byun further shows all the claimed limitations except for the first shade element and the second shade element are made of different materials, and the first shade element and the third shade element are made of different materials.
Byun (col 4 lines 38-44) discloses the use of various types of mesh fabrics to suit different preferred shading and pattern and shape.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Byun’s shade system to show the first shade element and the second shade element are made of different materials, and the first shade element and the third shade element are made of different materials with a reasonable expectation of success since it enables the formation of different patterns, shapes and shades with different needed aesthetic appearances with various available fabrics and composite.
Per claims 4, 6, Byun shows all the claimed limitations except for the thermoforming material comprises at least one of polyethylene terephthalate (PET), Nylon, polyethylene (PE), polypropylene (PP), polycarbonate (PC), polystyrene (PS), polyvinyl chloride (PVC), polylactide (PLA), ethylene vinyl acetate (EVA), polyurethane (PU), and polyamide (PA).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Byun’s shade system to show the thermoforming material comprises at least one of polyethylene terephthalate (PET), Nylon, polyethylene (PE), polypropylene (PP), polycarbonate (PC), polystyrene (PS), polyvinyl chloride (PVC), polylactide (PLA), ethylene vinyl acetate (EVA), polyurethane (PU), and polyamide (PA) with a reasonable expectation of success since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416; one having ordinary skill in the art thus would have found it obvious to select any to well known material forming the thermoforming material as long as the material provides the necessary properties for the shade elements.
Claim(s) 13 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (12195888) in view of Colson et al (2005/0155722).
Byun further shows all the claimed limitations except for a welding region between the first shade element and the second shade element and a welding
region between the first shade element and the third shade element each have plural welding points distributed in plural non-continuous patterns that are arranged repeatedly.
Colson et al (par. 114) discloses different techniques of welding blinds by welding at different sections and ways as needed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Byun’s shade system to show a welding region between the first shade element and the second shade element and a welding region between the first shade element and the third shade element each have plural welding points distributed in plural non-continuous patterns that are arranged repeatedly with a reasonable expectation of success since it enables the welding together of blinds using well known techniques in order to satisfy a particular bonding of the blinds together as desired as taught by Colson et al.
Claim(s) 10-11, 19-20 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (12195888) in view of Rupel et al (6196291).
Per claims 10, 19, Byun further shows all the claimed limitations except for a fourth shade element and a fifth shade element, wherein the fourth shade element is situated on the first region of the first shade element, whereby the first region of the first shade element is sandwiched between the second shade element and the fourth shade element;
the fourth shade element and the first shade element are unified by longitudinally overlapping with each other and ultrasonic welding; the fifth shade element is situated on the second region of the first shade element, whereby the second region of the first
shade element is sandwiched between the third shade element and the fifth shade element; the fifth shade element and the first shade element are unified by longitudinally overlapping with each other and ultrasonic welding.
Rupel et al (figure 4) discloses connecting first element (14) with a fourth shade element and a fifth shade element(31, 32), wherein the fourth shade element is situated on the first region of the first element(14), whereby the first region of the first shade element is sandwiched between the second shade element(the element from the opposite side of 34 from 31) and the fourth shade element(the element from the opposite side of 34 from 32); the fourth shade element and the first shade element are unified by longitudinally overlapping with each other and ultrasonic welding; the fifth shade element is situated on the second region of the first shade element, whereby the second region of the first shade element is sandwiched between the third shade element and the fifth shade element; the fifth shade element and the first shade element are unified by longitudinally overlapping with each other and ultrasonic welding.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Byun’s shade system to show a fourth shade element and a fifth shade element, wherein the fourth shade element is situated on the first region of the first shade element, whereby the first region of the first shade element is sandwiched between the second shade element and the fourth shade element; the fourth shade element and the first shade element are unified by longitudinally overlapping with each other and ultrasonic welding; the fifth shade element is situated on the second region of the first shade element, whereby the second region of the first shade element is sandwiched between the third shade element and the fifth shade element; the fifth shade element and the first shade element are unified by longitudinally overlapping with each other and ultrasonic welding as taught by Rupel et al with a reasonable expectation of success in order to connect the end edges of the first element with its connecting elements through tongue and groove joint so as to strengthen the joints of the connecting blinds.
Per claims 11, 20, Byun as modified further shows all the claimed limitations except for the first shade element and the second shade element are made of different materials, and the fifth shade element and the third shade element are made of different materials.
Byun (col 4 lines 38-44) discloses the use of various types of mesh fabrics to suit different preferred shading and pattern and shape.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Byun’s modified shade system to show the first shade element and the second shade element are made of different materials, and the first shade element and the third shade element are made of different materials with a reasonable expectation of success since it enables the formation of different patterns, shapes and shades with different needed aesthetic appearances with various available fabrics and composite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different shade elements welding together.
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