DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 12/13/2024.
Status of the claims: Claims 1-20 are hereby examined below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitation(s) is/are: means for adjusting the compression strength of the biasing mechanism in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Such structure is described in paragraphs [0068]-[0070].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 10-11, 14 and 20 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 10 and 20 recite “a reinforced side edge for enhancing engagement between the first plurality of brush bristles and the plurality of openings”. It is unclear what is required to be “reinforced” and what is means by “for enhancing engagement between the brush bristles and the plurality of openings”.
Claim 14 recites “a jogged arm shape”. It is unclear what is required to be a “jogged arm shape”.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
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.
Claims 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krupke et al US 5,632,317.
In regard to claim 12, Krupke et al ‘317 discloses a motorized retractable screen system for a framed area including at least a first side, a second side, a first end, and a second end, the system comprising: a screen axle (32) configured to be disposed adjacent the first end of the framed area (22,24) that is operable to be rotated by a motor (40); at least one spool (54) operatively connected to the screen axle (32) such that the screen axle and the at least one spool are operable to rotate together; a screen (34) including a first end (top) operatively connected to the screen axle (32), a second end (bottom) operatively connected to a bottom bar (82) , a first side (right) , and a second side (left); a cable (74) including a first end (top) and a second end (bottom), wherein the first end is at least partially wound around the at least one spool (54) and the second end is operatively connected to the second of the screen (34); and a corner tensioning system including a tensioning arm (290,292,280) having a first end (right) configured to be operatively connected to a corner of the first side of the screen (34) , a second end (left) operatively connected to the bottom bar (82) , and a biasing mechanism (298) for biasing the first end of the tensioning arm (290,292,280) laterally outward towards the first side (right) of the screen, wherein, during operation of the motorized retractable screen system, the screen axle (32) is operable to be rotated in either a first direction or a second direction by the motor (40) such that the cable (74) is operable to pull the bottom bar (82) of the screen between a deployed position and a retracted position while the first end of the tensioning arm (290,292,280) maintains an independent lateral force on the corner of the first side of the screen.
In regard to claim 13, Krupke et al ‘317 discloses wherein the corner of the first side (right) of the screen (34) includes a stirrup (notched out space) configured to receive the first end of the tensioning arm (290,292,280) for operatively connecting the first end of the tensioning arm (290,292,280) to the corner of the first side of the screen (34).
In regard to claim 14, Krupke et al ‘317 discloses wherein the stirrup (notch) is disposed above a connection point (at 77) in which the second end of the cable (74) is operatively connected to the second end of the screen and the tensioning arm (290,292,280) includes a jogged arm shape such that the first end (right) of the tensioning arm is configured to be disposed in the stirrup while a base portion (292) of the tensioning arm is configured to be substantially laterally aligned with the connection point (at 77).
In regard to claim 15, Krupke et al ’317 disclose wherein the corner tensioning system further includes a housing (294) configured to be restrained within the bottom bar (82), the tensioning arm (290,292,280) being operatively connected to the housing (294) such that the tensioning arm is opereable to move laterally outward with respect to the housing (294) and the bottom bar (82).
In regard to claim 16, Krupke et al ‘317 disclose wherein the corner tensioning system is configured to receive a locking mechanism (165, Fig. 8 and unnumbered in dashed lines in Fig 12) that engages with the tensioning arm (290,292,280) to selectively lock the tensioning arm in place with respect to the housing (294).
In regard to claim 17, Krupke et al ‘317 disclose wherein the corner tensioning system includes a spring adjustment mechanism (299, Fig. 12) for independently adjusting the compression strength of the biasing mechanism (298), the spring adjustment mechanism having means for adjusting the compression strength of the biasing mechanism while the biasing mechanism is disposed within the bottom bar.
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 1-11 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Krupke et al US 5,632,317 in view of Bacchi WO 2025133739.
In regard to claim 1, Krupke et al ‘317 discloses a motorized retractable screen system for a framed area including at least a first side, a second side, a first end, and a second end, the system comprising: a screen axle (32, Fig. 3) configured to be disposed adjacent the first end of the framed area (22,24 Fig. 1) that is operable to be rotated by a motor (40, Fig. 1); at least one spool (54, Fig. 2) operatively connected to the screen axle (32) such that the screen axle (32) and the at least one spool (54) are operable to rotate together; a screen (34, Fig. 1) including a first end (top) operatively connected to the screen axle (32), a second end (bottom) operatively connected to a bottom bar (82, Fig. 1), a first side (right), and a second side (left), a cable (74, Fig. 3) including a first end (top) and a second end (bottom), wherein the first end (top) is at least partially wound around the at least one spool (54) and the second end (bottom) is operatively connected to one of the bottom bar (82) and the second of the screen; and a side edge retention system having a track (112) disposed along a length of at least the first side of the framed area and during operation of the motorized retractable screen system, the screen axle (32) is operable to be rotated in either a first direction or a second direction by the motor such that the cable (74) is operable to pull the bottom bar (82) of the screen between a deployed position and a retracted position.
Krupke et al ‘317 fail to disclose wherein at least the first side of the screen is formed of a mesh material with a plurality of openings; at least a first brush having a first plurality of brush bristles positioned and configured along a length of the track for engaging the plurality of openings of the mesh material of the first side of the screen during operation of the motorized retractable screen system, wherein, and the plurality of brush bristles of the side edge retention system retain the first side of the screen in the track.
Bacchi ‘379 discloses wherein at least the first side of the screen (G) is formed of a mesh material with a plurality of openings (page 5, lines 15-20 state an insect screen comprising a flat type net); at least a first brush (30) having a first plurality of brush bristles (32) positioned and configured along a length of the track (20) for engaging the plurality of openings of the mesh material of the first side of the screen during operation of the motorized retractable screen system, wherein, and the plurality of brush bristles (32) of the side edge retention system retain the first side of the screen (G) in the track.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Krupke et al ‘317 to form the screen from a mesh material with a plurality of openings and include at least a first brush having a first plurality of bristles engaging the openings of the mesh material as taught by Bacchi ‘379 for the purpose of creating a device which allows airflow yet blocks the passage of insects and to provide a means for holding the edge portions of the screen in place.
In regard to claim 2, with reference to Figures 12 and 13A, Krupke et al ‘317 discloses a corner tensioning system including a tensioning arm (290,292,280) having a first end (right, Fig. 7) configured to be operatively connected (indirectly) to a corner of the first side of the screen (34) , a second end (left, Fig. 7) operatively connected to the bottom bar (82), and a biasing mechanism (298) for biasing the first end (right) of the tensioning arm (290,292,280) laterally outward towards the first side (right) of the screen (34).
In regard to claim 3, Krupke et al ‘317 discloses wherein the corner of the first side (right) of the screen (34) includes a stirrup (notched out space) configured to receive the first end of the tensioning arm (290,292,280) for operatively connecting the first end of the tensioning arm (290,292,280) to the corner of the first side of the screen (34).
In regard to claim 4, Krupke et al ‘317 discloses wherein the second end (bottom) of the cable (74) is secured adjacent to the second end (bottom) of the screen (34) such that the first end (left) of the tensioning arm (290,292,280) maintains a lateral force (via spring 298) on the corner of the first side of the screen (34) while the cable (74) applies an independent downward force to the screen during operation of the motorized retractable screen system.
In regard to claim 5, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the side edge retention system includes a second brush (30) having a second plurality of brush bristles (32) positioned and configured to oppose the first plurality of brush bristles of the first brush for receiving the first side of the screen (G) between the first and second brush for retaining the first side of the screen in the track.
In regard to claim 6, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein ends of the first plurality of brush bristles (32, Bacchi ‘379) are positioned and configured to overlap with ends of the second plurality of brush bristles (32). (shown in Figure 2B)
In regard to claim 7, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the first and second plurality of brush bristles (32, Bacchi ‘379) are positioned and configured with respect to the track (112, Krupke et al ‘317) to be angled towards the first side (right) of the framed area.
In regard to claim 8, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the track (20, Bacchi ‘379) includes a first end and a second end that is positioned opposite the first end, and wherein the side edge retention system further includes a second brush (30) having a second plurality of brush bristles (32), and wherein the first brush (30)is secured to the first end of the track and the second brush (30) is secured to the second end of the track such that ends of the first plurality of brush bristles (32) are positioned and configured to overlap with ends of the second plurality of brush bristles (32) for receiving the first side of the screen between the overlapping first and second plurality of brush bristles. (shown in Figure 2B)
In regard to claim 9, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the first end of the track (20, Bacchi ‘379) is dimensioned and configured to receive a plurality of first brushes (30) and the second end of the track is dimensioned and configured to receive a plurality of second brushes (30) for forming a plurality of opposing brush pairs.
As best understood, in regard to claim 10, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the first side of the screen includes a reinforced side edge (formed by the woven wire screen) for enhancing engagement between the first plurality of brush bristles (32) and the plurality of openings of the mesh material of the first side of the screen.
In regard to claim 11, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the screen includes a stiffening fiber woven through the plurality of openings of the mesh material. (Bacchi ‘379 discloses that the net comprises a plurality of wires or filaments intertwined with each other. Such would act as a stiffening fiber to some degree).
In regard to claim 18, Krupke et al ‘317 discloses a motorized retractable screen system for a framed area including at least a first side, a second side, a first end, and a second end, the system comprising: a screen axle (32, Fig. 3) configured to be disposed adjacent the first end of the framed area (22,24 Fig. 1) that is operable to be rotated by a motor (40, Fig. 1); at least one spool (54, Fig. 2) operatively connected to the screen axle (32) such that the screen axle (32) and the at least one spool (54) are operable to rotate together; a screen (34, Fig. 1) including a first end (top) operatively connected to the screen axle (32), a second end (bottom) operatively connected to a bottom bar (82, Fig. 1), a first side (right), and a second side (left), a cable (74, Fig. 3) including a first end (top) and a second end (bottom), wherein the first end (top) is at least partially wound around the at least one spool (54) and the second end (bottom) is operatively connected to one of the bottom bar (82) and the second of the screen; and a side edge retention system having a track (112) disposed along a length of at least the first side of the framed area, the track (112) including a first end and a second end that is positioned opposite the first end and during operation of the motorized retractable screen system, and a corner tensioning system including a tensioning arm (290,292,280) having a first end (right) configured to be operatively connected to a corner of the first side of the screen (34) , a second end (left) operatively connected to the bottom bar (82) , and a biasing mechanism (298) for biasing the first end of the tensioning arm (290,292,280) laterally outward towards the first side (right) of the screen, wherein, during operation of the motorized retractable screen system, the screen axle (32) is operable to be rotated in either a first direction or a second direction by the motor (40) such that the cable (74) is operable to pull the bottom bar (82) of the screen between a deployed position and a retracted position while the first end of the tensioning arm (290,292,280) maintains an independent lateral force on the corner of the first side of the screen.
Krupke et al ‘317 fail to disclose wherein at least the first side of the screen is formed of a mesh material with a plurality of openings; at least a first brush having a first plurality of brush bristles attached to the first end of the track and a second brush having a second plurality of brush bristles attached to the second end of the track for engaging the plurality of openings of the mesh material of the first side of the screen bewen the first plurality of brush bristles and the second plurality of brush bristles during operation.
Bacchi ‘379 discloses wherein at least the first side of the screen (G) is formed of a mesh material with a plurality of openings (page 5, lines 15-20 state an insect screen comprising a flat type net); at least a first brush (30) having a first plurality of brush bristles (32) positioned and configured along a length of the track (20) for engaging the plurality of openings of the mesh material of the first side of the screen during operation of the motorized retractable screen system, wherein, and the plurality of brush bristles (32) of the side edge retention system retain the first side of the screen (G) in the track.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Krupke et al ‘317 to form the screen from a mesh material with a plurality of openings and include at least a first brush having a first plurality of bristles engaging the openings of the mesh material as taught by Bacchi ‘379 for the purpose of creating a device which allows airflow yet blocks the passage of insects and to provide a means for holding the edge portions of the screen in place.
In regard to claim 19, Krupke et al ‘317 discloses wherein the second end of the cable (74) is secured adjacent to the second end of the screen (34) such that the first end (right) of the tensioning arm (290,292,280) maintains a lateral force on the corner of the first side of the screen while the cable (74) applies an independent downward force to the screen during operation of the motorized retractable screen system.
As best understood, in regard to claim 10, Krupke et al ‘317 as modified by Bacchi ‘379 disclose wherein the first side of the screen includes a reinforced side edge (formed by the woven wire screen) for enhancing engagement between the first plurality of brush bristles (32) and the plurality of openings of the mesh material of the first side of the screen.
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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