DETAILED ACTION
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 Objections
Claims 13 and 14 are objected to for minor informalities. The claims refer to “the support portion” while depending from claim 1 which sets forth for “two support portions” therefore it is understood that claims 13 and 14 should refer to --each support portion-- or --at least one support portion--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-5, 7-13, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fraczek et al. (US 6,817,402), hereinafter referred to as Fraczek, in view of Davies (GB 2478123).
Regarding claim 1, Fraczek discloses a roller blind, comprising:
a blind tube (15) (Fig 1), comprising two ends and an outer surface on which a blind (32) is attached (Fig 1a);
a mounting bracket (12) (Fig 1), having two support portions (16) (Fig 1) attached to two ends thereof respectively for mounting the blind tube.
Fraczek fails to disclose at least one support portion and at least one end of the blind tube each comprises magnetic material enabling magnetic contact therebetween when the blind tube is mounted to the mounting bracket, wherein the positions of their magnetic materials are corresponding. Davies teaches the use of magnetic material on the brackets of a blind in order to secure elements in place (paragraph [0001], magnetic material 2 and magnetically attracting metal plate 4). Davies teaches the use of magnetic material allows for a secure and strong fixing (paragraph [0007]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Fraczek and utilize the known technique of applying magnetic material for providing attraction and thus attachment and securement of elements together, as taught by Davies. One would be motivated to utilize the known technique to improve the mounting of the roller blind to the supports while providing a secure yet removable attachment. Modification would not lead to any new or unpredictable results and the device of Fraczek would perform as expected.
Regarding claim 2, Fraczek discloses wherein at least one of the support portions (16) comprise a support body (60; Fig 2b) and a support engagement member (64; Fig 2b) provided on the support body, and at least one of the ends of the blind tube comprise a tube engagement member (14A or 14B) engageable with the support engagement member (Fig 1).
Regarding claim 3, Fraczek discloses wherein the two support portions (16) each comprises a support body (60; Fig 2b) and a support engagement member (64; Fig 2b) provided on the support body, and the two ends of the blind tube each comprises a tube engagement member (14A or 14B) engageable with the support engagement member (Fig 1).
Regarding claim 4, Fraczek discloses wherein one of the support engagement member (16) and the tube engagement member comprises a protrusion (64), and the other one of the support engagement member and the tube engagement member comprises a recess (46; Figs 1c and 1d) for receiving the protrusion.
Regarding claim 5, Fraczek discloses wherein while the support engagement member comprises the protrusion (64), the protrusion protrudes from the support body towards the tube engagement member in a longitudinal direction of the mounting bracket, then the tube engagement member comprises the recess (46) for receiving the protrusion.
Regarding claim 7, Fraczek discloses wherein the protrusion and/or the recess has/have a polygonal shape or a round shape (Figs 1c, 1d, and 2b).
Regarding claim 8, Fraczek as modified with Davies teaches wherein the magnetic materials are provided to or adjacent to the protrusion and the recess.
Regarding claim 9, Fraczek as modified with Davies teaches wherein the magnetic materials of the recess sits on the magnetic materials of the protrusion when the blind tube is mounted to the mounting bracket (the protrusion of Fraczek is received within the recess, thus with the magnetic material provided on the protrusion, the recess and thus the magnetic material of the recess sits on the protrusion).
Regarding claim 10, Fraczek discloses wherein the recess comprises an opening (46) through which the protrusion can be inserted into the recess.
Regarding claim 11, Fraczek discloses wherein at least one of the tube engagement members is rotatable about an axis of the blind tube (14A is an idler thus rotates).
Regarding claim 12, Fraczek discloses wherein the tube engagement member is fixedly or removably connected to the blind tube (Fig 1b).
Regarding claim 13, Fraczek discloses wherein the support portion (16) is fixedly or movably connected to the mounting bracket.
Regarding claim 15, Fraczek discloses wherein the support engagement member (64) is fixedly or movably connected to the support body.
Regarding claim 16, Fraczek discloses wherein a chain drive system for winding or unwinding the blind is provided at one end of the blind tube (col 3, lines 13-24).
Claims 1-4, 6-13, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Defoe (US 1,266,539), in view of Davies (GB 2478123).
Regarding claim 1, Defoe discloses a roller blind, comprising:
a blind tube (shade roller, not shown, described on page 2, lines 1-11), comprising two ends and an outer surface on which a blind (shade) is attached (Fig 1a);
a mounting bracket (Fig 1), having two support portions (ends 20; Fig 1) attached to two ends thereof respectively for mounting the blind tube.
Defoe fails to disclose at least one support portion and at least one end of the blind tube each comprises magnetic material enabling magnetic contact therebetween when the blind tube is mounted to the mounting bracket, wherein the positions of their magnetic materials are corresponding. Davies teaches the use of magnetic material on the brackets of a blind in order to secure elements in place (paragraph [0001], magnetic material 2 and magnetically attracting metal plate 4). Davies teaches the use of magnetic material allows for a secure and strong fixing (paragraph [0007]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Defoe and utilize the known technique of applying magnetic material for providing attraction and thus attachment and securement of elements together, as taught by Davies. One would be motivated to utilize the known technique to improve the mounting of the roller blind to the supports while providing a secure yet removable attachment. Modification would not lead to any new or unpredictable results and the device of Fraczek would perform as expected.
Regarding claim 2, Defoe discloses wherein at least one of the support portions (16) comprise a support body (Fig 4) and a support engagement member (22) provided on the support body, and at least one of the ends of the blind tube comprise a tube engagement member (pintle) engageable with the support engagement member (page 2, lines 1-17).
Regarding claim 3, Defoe discloses wherein the two support portions each comprises a support body (Fig 4) and a support engagement member (22 or 23) provided on the support body, and at least one of the ends of the blind tube comprise a tube engagement member (pintle) engageable with the support engagement member (page 2, lines 1-17).
Regarding claim 4, Defoe discloses wherein one of the support engagement member and the tube engagement member comprises a protrusion (pintle), and the other one of the support engagement member and the tube engagement member comprises a recess (22 or 23) for receiving the protrusion.
Regarding claim 6, Defoe discloses wherein while the tube engagement member comprises the protrusion (pintle), the protrusion protrudes from the end of the blind tube, then the support engagement member comprises the recess for receiving the protrusion.
Regarding claim 7, Defoe discloses wherein the protrusion and/or the recess has/have a polygonal shape or a round shape (pintles are round or squared; page 2, lines 1-17).
Regarding claim 8, Defoe as modified with Davies teaches wherein the magnetic materials are provided to or adjacent to the protrusion and the recess.
Regarding claim 9, Defoe as modified with Davies teaches wherein the magnetic materials of the recess sits on the magnetic materials of the protrusion when the blind tube is mounted to the mounting bracket (the protrusion of Defoe is received within the recess, thus with the magnetic material provided on the protrusion, the recess and thus the magnetic material of the recess sits on the protrusion).
Regarding claim 10, Defoe discloses wherein the recess comprises an opening (22) through which the protrusion (pintle) can be inserted into the recess.
Regarding claim 11, Defoe discloses wherein at least one of the tube engagement members is rotatable about an axis of the blind tube (pintle on 21).
Regarding claim 12, Defoe discloses wherein the tube engagement member is fixedly or removably connected to the blind tube.
Regarding claim 13, Defoe discloses wherein the support portion is fixedly or movably connected to the mounting bracket.
Regarding claim 15, Defoe discloses wherein the support engagement member (64) is fixedly or movably connected to the support body.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Defoe and Davies, as applied in claim 13 above, in further view of Heath (US 1,477,954).
Regarding claim 14, Defoe as modified above fails to disclose wherein the support portion is hingedly connected to the mounting bracket. However, Heath teaches that it is known to provide support portions of a blind to be hingedly connected (Figs 1 and 2) in order to provide an adjustable arrangement. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Defoe and provide a hinged connection in order to provide adjustable means, as taught by Heath. Such modification would not lead to any new or unpredictable results since the technique were known.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Giri et al. (US 11,957,261) and Lin (US 10,415,306) teach at least the limitations of claim 1, however were not applied above due to Fraczek teaching additional dependent claims. Giri discloses a roller blind, comprising: a blind tube (shown in Fig 1), comprising two ends (left and right ends) and an outer surface on which a blind (120) is attached; two support portions (583) attached to two ends of the blind tube respectively for mounting the blind tube; characterized in that, at least one support portion (583) and at least one end of the blind tube each comprises magnetic material (583 has magnetic material 584 and 535 at the end of the blind tube has magnets; col 29, lines 16-27; Fig 21B) enabling magnetic contact therebetween when the blind tube is mounted to the mounting bracket, wherein the positions of their magnetic materials are corresponding (584 corresponds to the magnets on 535). Although Giri teaches two support portions, each support portion is independently mounted and not provided on a mounting bracket having the two support portions. However, Lin teaches a roller blind having a mounting bracket (2) having two ends to which two support portions (3, 5) are respectively attached. The mounting bracket allows for stable mounting of the roller blind. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Giri such that the two support portions be attached to the mounting bracket in order to provide an improved roller blind assembly. Further, Hammer (US 2,341,440) teaches the use of magnetic material in the mounting of the roller tube and bracket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnnie A. Shablack whose telephone number is (571)270-5344. The examiner can normally be reached Mon-Thu 6am-3pm EST, alternate Friday.
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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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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
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