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 .
Election/Restrictions
Applicant’s election without traverse of Actuator B in the reply filed on 6/11/2026 is acknowledged. Claims 6, and 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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.
Claim(s) 1, 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 8720523) in view of Wen (US 20030168185).
Regarding claim 1, Nakamura discloses an electromechanical actuator (fig. 9) configured to drive an occultation or solar protection device (the examiner notes that the structure of the occultation or solar protection device are not positively required by the claim) including a screen (4), a top bar (3), a bottom bar (5), a top winding shaft (9), and a bottom winding shaft (10), the screen being disposed between the top and bottom bars, the top bar being connected to the top winding shaft via first cords (6), and the bottom bar being connected to the bottom winding shaft via second cords (7), the top winding shaft being parallel and not coaxial to the bottom winding shaft (fig. 3),
the electromechanical actuator comprising:
a single operation means (13) configured to drive the top and bottom winding shafts of the occultation or solar protection device;
a first transmission device (11) connected to the single operation means (13) and connected to the top winding shaft (9) of the occultation or solar protection device when the electromechanical actuator engages the occulation or solar protection device (everything is connected at least indirectly), the first transmission device comprising a first clutch (20); and
a second transmission device (12) connected to the single operation means and connected to the bottom winding shaft of the occultation or solar protection device when the electromechanical actuator engages the occulation or solar protection device (everything is connected at least indirectly), the second transmission device comprising a second clutch (21), wherein the second transmission device is parallel and not coaxial to the first transmission device (see fig. 3); and
a transmission member (17) configured to transmit power supplied by the single operation means to at least one of the top and bottom winding shafts; and
wherein, when the single operation means (13) is activated and only one of the first and second clutches is engaged, only one of the first and second transmission devices is respectively activated to cause only one of the top and bottom winding shafts to be rotated by the operation means (column 6 lines 1-9, even though this is describing the first embodiment, the examiner points out that the second embodiment works in the same way per column 9 lines 17-22),
wherein, when the operation means is activated and the first and second clutches are engaged (see definition 9 below from thefreedictionary.com, both clutches are considered engaged when bars 3 and 5 are raised together, due to the clutches both be considered “brought into operation”, as both clutches are functioning), the first and second transmission devices are respectively activated.
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Nakamura does not teach the single operation means being a single electric motor, a controller connected to the first and second clutches, the controller controlling engagement and disengagement of the first and second clutches, nor that when the first and second clutches are engaged, the first and second transmission devices are respectively activated to cause the top and bottom winding shafts to be rotated by the operation means, nor that the top and bottom winding shafts receive power supplied by the single operation means from the transmission member.
Although Nakamura discloses a single operation means (13), the means is not disclosed as an electric motor. However, Nakamura further teaches that it is a known modification to substitute the operation means with a motor (col 18, lines 46-47). It would have been obvious to one having ordinary skill in the at before the effective filing date of the claimed invention to substitute the operation means with an electric motor since electric motors are known to provide automatic driving means to a device. Such modification would not lead to any new or unpredictable results.
Wen teaches an electromechanical actuator for a solar protection device with a single electric motor (21) configured to drive two parallel and not coaxial winding shafts (31 and 42) with a first (22) and a second (23) clutch, with a controller connected to the first and second clutches, the controller controlling engagement and disengagement of the first and second clutches independently (paragraph 22, and paragraph 28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nakamura by replacing the clutches with the clutches and controller of Wen so that there is a controller that controls engagement and disengagement of the first and second clutches. This alteration provides the predictable and expected results of greater control over the status of both the top and bottom bars due to both winding shafts being able to rotate at the same time, allowing better light control.
After this modification, since the clutches can be controlled independently, there is a state where the single electric motor is electrically activated and only one of the first and second clutches is engaged. In this state only one of the first and second transmission devices is respectively activated to cause only one of the top and bottom winding shafts to be rotated by the single electric motor. There is also a state where the single electric motor is electrically activated and the first and second clutches are engaged. In this state the first and second transmission devices are respectively activated to cause the top and bottom winding shafts to be rotated by the single electric motor, with the top and bottom winding shafts receiving the power supplied by the single electric motor from the transmission member.
Regarding claim 3, modified Nakamura discloses the first transmission device comprises a first gearbox (18) configured to transmit a movement generated by the single electric motor to the top winding shaft (11), and the second transmission device comprises a second gearbox (19) configured to transmit a movement generated by the single electric motor to the bottom winding shaft (12).
Regarding claim 7, Nakamura teaches an occultation or solar protection installation comprising at least one occultation or solar protection device including:
a screen (4), a top bar (3), a bottom bar (5), a top winding shaft (9), a bottom winding shaft (10), and an electromechanical actuator (fig. 9),
the screen being disposed between the top and bottom bars (fig. 2), the top bar (3) being connected to the top winding shaft (9) via first cords (6), and the bottom bar (5) being connected to the bottom winding shaft (10) via second cords (7),
the electromechanical actuator comprising:
a single operation means (13) configured to drive the top and bottom winding shafts of the occultation or solar protection device, the top winding shaft being parallel and not coaxial to the bottom winding shaft (fig. 3);
a first transmission device (11) connected to the operation means (13) and connected to the top winding shaft (9) of the occultation or solar protection device when the electromechanical actuator engages the occulation or solar protection device (everything is connected at least indirectly), the first transmission device comprising a first clutch (20); and
a second transmission device (12) connected to the operation means and connected to the bottom winding shaft of the occultation or solar protection device when the electromechanical actuator engages the occulation or solar protection device (everything is connected at least indirectly), the second transmission device comprising a second clutch (21), wherein the second transmission device is parallel and not coaxial to the first transmission device (see fig. 3);
a transmission member (17) configured to transmit power supplied by the single operation means to at least one of the top and bottom winding shafts; and
wherein, when the operation means (13) is activated and only one of the first and second clutches is engaged, only one of the first and second transmission devices is respectively activated to cause only one of the top and bottom winding shafts to be rotated by the operation means (column 6 lines 1-9, even though this is describing the first embodiment, the examiner points out that the second embodiment works in the same way per column 9 lines 17-22),
wherein, when the operation means is activated and the first and second clutches are engaged (see definition 9 above from thefreedictionary.com, both clutches are considered engaged when bars 3 and 5 are raised together, due to the clutches both be considered “brought into operation”, as both clutches are functioning), the first and second transmission devices are respectively activated.
Nakamura does not teach the single operation means being a single electric motor, a controller connected to the first and second clutches, the controller controlling engagement and disengagement of the first and second clutches, nor that when the first and second clutches are engaged, the first and second transmission devices are respectively activated to cause the top and bottom winding shafts to be rotated by the operation means, nor that the top and bottom winding shafts receive power supplied by the single operation means from the transmission member.
Although Nakamura discloses a single operation means (13), the means is not disclosed as an electric motor. However, Nakamura further teaches that it is a known modification to substitute the operation means with a motor (col 18, lines 46-47). It would have been obvious to one having ordinary skill in the at before the effective filing date of the claimed invention to substitute the operation means with an electric motor since electric motors are known to provide automatic driving means to a device. Such modification would not lead to any new or unpredictable results.
Wen teaches an electromechanical actuator for a solar protection device with a single electric motor (21) configured to drive two parallel and not coaxial winding shafts (31 and 42) with a first (22) and a second (23) clutch, with a controller connected to the first and second clutches, the controller controlling engagement and disengagement of the first and second clutches independently (paragraph 22, and paragraph 28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nakamura by replacing the clutches with the clutches and controller of Wen so that there is a controller that controls engagement and disengagement of the first and second clutches. This alteration provides the predictable and expected results of greater control over the status of both the top and bottom bars due to both winding shafts being able to rotate at the same time, allowing better light control.
After this modification, since the clutches can be controlled independently, there is a state where the single electric motor is electrically activated and only one of the first and second clutches is engaged. In this state only one of the first and second transmission devices is respectively activated to cause only one of the top and bottom winding shafts to be rotated by the single electric motor. There is also a state where the single electric motor is electrically activated and the first and second clutches are engaged. In this state the first and second transmission devices are respectively activated to cause the top and bottom winding shafts to be rotated by the single electric motor, with the top and bottom winding shafts receiving the power supplied by the single electric motor.
Claim(s) 2, 4-5, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 8720523) in view of Wen (US 20030168185), as applied above, and further in view of Baugh (US 20120200247).
Regarding claim 2, modified Nakamura as discussed above teaches a motor, but fails to disclose the first transmission device comprises a first encoder and the second transmission device comprises a second encoder.
However, Baugh discloses it is known for an electric motor coupled to transmission devices to include encoders in order to determine the position of rails. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nakamura such that each of the transmission devices are provided with an encoder ( a respective first and second encoder), in order to provide means for determining the positions of the top and bottom bars, since it is a known technique taught by Baugh. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 4, as discussed above, modified Nakamura teaches a motor, and discloses the first transmission device comprises a first gearbox (18), the first gearbox being configured to transmit a movement generated by the electric motor to the top winding shaft (11), and the second transmission device comprises a second gearbox (19), the second gearbox being configured to transmit a movement generated by the electric motor to the bottom winding shaft (12).
Nakamura fails to disclose the first transmission device comprises a first encoder and the second transmission device comprises a second encoder.
However, Baugh discloses it is known for an electric motor coupled to transmission devices to include encoders in order to determine the position of rails. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nakamura such that each of the transmission devices are provided with an encoder (a respective first and second encoder), in order to provide means for determining the positions of the top and bottom bars, since it is a known technique taught by Baugh. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention. After this modification each of the first and second transmission devices comprises: one of the first and second clutches, one of the first and second encoders, and one of the first and second gearboxes.
Regarding claim 5, modified Nakamura discloses the first transmission device further comprises a first brake (61), and the second transmission device further comprises a second brake (47).
Regarding claim 15, as discussed above, modified Nakamura teaches a motor, and discloses the first transmission device comprises a first gearbox (18), the first gearbox being configured to transmit a movement generated by the electric motor to the top winding shaft (11), and the second transmission device comprises a second gearbox (19), the second gearbox being configured to transmit a movement generated by the electric motor to the bottom winding shaft (12), as well as the first transmission device further comprises a first brake (61), and the second transmission device further comprises a second brake (47).
Nakamura fails to disclose the first transmission device comprises a first encoder and the second transmission device comprises a second encoder.
However, Baugh discloses it is known for an electric motor coupled to transmission devices to include encoders in order to determine the position of rails. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nakamura such that each of the transmission devices are provided with an encoder (a respective first and second encoder), in order to provide means for determining the positions of the top and bottom bars, since it is a known technique taught by Baugh. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 8720523) in view of Wen (US 20030168185) as applied above, and further in view of Bejean et al. (US 7525277), hereinafter referred to as Bejean.
Regarding claim 8, modified Nakamura discloses that the installation is operated by a motor, with the electromechanical actuator being configured to move each of the top and bottom bars separately or simultaneously (see claim 7 rejection above involving the clutches and the controller),but fails to disclose a control point.
However, installations operated by a motor are known to be controlled by a control point (remote control), as taught by Bejean. Bejean teaches a control point comprising a housing (24), a first selector (11 ), a second selector (12) and a third selector (2b), the third selector being configured to be rotatably or linearly movable ( direction D1, Fig 3) with respect to the housing; wherein: the first and second selectors elements are configured to control respectively an upward movement and a downward movement and the third selector is configured to control additional movements.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly with a control point (remote control) as taught by Bejean in order to control the motor and operation of the device to move the shade to desired positions. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
As modified, the first and second selectors are configured to control respectively an upward movement and a downward movement of the bottom bar and the third selector is configured to control an upward movement and a downward movement of the top bar.
Regarding claim 9, modified Nakamura discloses that the installation is operated by a motor, with the electromechanical actuator being configured to move each of the top and bottom bars separately or simultaneously (see claim 7 rejection above involving the clutches and the controller),but fails to disclose a control point.
However, installations operated by a motor are known to be controlled by a control point (remote control), as taught by Bejean. Bejean teaches a control point comprising a housing (24), a first selector (11 ), a second selector (12) and a third selector (2b), the third selector being configured to be rotatably or linearly movable ( direction D1, Fig 3) with respect to the housing; wherein: the first and second selectors elements are configured to control respectively an upward movement and a downward movement and the third selector is configured to control additional movements.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly with a control point (remote control) as taught by Bejean in order to control the motor and operation of the device to move the shade to desired positions. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
As modified, the first and second selectors are configured to control respectively an upward movement and a downward movement of the bottom bar or the top bar and the third selector is configured to simultaneously control an upward movement of the top bar and the bottom bar or a downward movement of the top bar and the bottom bar.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 8720523) in view of Wen (US 20030168185), as applied above and further in view of Yeh (US 8830058).
Regarding claim 10, modified Nakamura disclose the installation is operated by a motor, with the electromechanical actuator being configured to move each of the top and bottom bars separately or simultaneously (see claim 7 rejection above involving the clutches), but fails to disclose a control point. However, installations operated by a motor are known to be controlled by a control point (remote control), as taught by Yeh. Yeh teaches at least one control point (131), the control point comprising at least: a first selector (Fig 2), a second selector, a third selector, the third configured to activate or deactivate a first operating mode of the occultation or solar installation, and a fourth selector configured to activate or deactivate a second operating mode of the installation (Fig 2; buttons, A-C and A'-C' control modes and operation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Nakamura with a control point (remote control) as taught by Yeh order to control the motor and operation of the device to move the shade to desired positions. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
As modified, when only the first operating mode of the occultation or solar installation is activated, the first and second selectors are configured to respectively control an upward movement and a downward movement of the top bar, when only the second operating mode of the occultation or solar installation is activated, the first and second selectors are configured to respectively control an upward movement and a downward movement of the bottom bar and when the first and second operating modes of the occultation or solar installation are simultaneously activated, the first and second selectors are configured to respectively control an upward movement and a downward movement simultaneously of the top bar and the bottom bar.
Allowable Subject Matter
Claims 16-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R SHEPHERD whose telephone number is (571)272-5657. The examiner can normally be reached M-F 8-5 EST.
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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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/M.S./Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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