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 § 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 8 and 18 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.
Claim 8 is unclear because it recites a “third fastener”, however no first or second fasteners have been claimed in the preceding claim thus rendering the scope of the claim unascertainable. For examining purposes, the claim is examined as depending from claim 4 which claims the first and second fasteners and provides antecedent basis for the third fastener.
Claim 18 is unclear because it recites a “third fastener”, however no first or second fasteners have been claimed in the preceding claim thus rendering the scope of the claim unascertainable. For examining purposes, the claim is examined as depending from claim 16 which claims the first and second fasteners and provides antecedent basis for the third fastener.
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 1-7, 9, 12-17, 20, 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. US 2018/0030736 A1 (hereinafter ‘Chen’).
In regard to claim 1, Chen teaches a louver window (fig. 1) with an adjustable dividing structure, the louver window comprising:
a plurality of jambs (10a/10b);
at least one vertical pillar (14); and
a connecting piece (20) disposed between one of the jams and an end of the vertical pillar (shown in fig. 3), the connecting piece having a first fastened portion (201) and a second fastened portion (202) formed on the first fastened portion;
wherein the connecting piece is only combined with the vertical pillar (see fig. 5-6), the vertical pillar and the connecting piece are movable relative to the plurality of jambs together (Note that the connecting piece is combined only with the vertical pillar when the locking member 22 is loosened as noted in [0039]).
In regard to claims 2, 4, 5 and 15, Chen teaches the claimed invention wherein the second fastened portion protrudes from a center of the first fastened portion (see fig. 7); at least one end of the first fastened portion is provided with a fastening groove (201d); the second fastened portion is provided with at least one fastening hole (201c).
In regard to claims 3, 16 and 17, Chen teaches the claimed invention wherein a first fastener (22) is inserted through the fastening groove of the first fastened portion (fig. 6); and at least one second fastener (24) is inserted through the fastening hole of the second fastened portion (fig. 6); the connecting piece is combined to said one of the jambs with the first fastener; the connecting piece is combined to the vertical pillar with the second fastener (see fig. 11).
In regard to claims 6, Chen teaches the claimed invention wherein the vertical pillar is formed on a bottom side thereof with a vertical pillar fastened portion (see fig. 6 and [0036]); at least one end of the first fastened portion is provided with a fastening groove (201d); the second fastened portion is provided with at least one fastening hole (201c).
In regard to claim 7, Chen teaches the claimed invention wherein a first fastener (22) is inserted through the fastening groove of the first fastened portion (fig. 6); and at least one second fastener (24) is inserted through the fastening hole of the second fastened portion (fig. 6); the connecting piece is combined to said one of the jambs with the first fastener; the connecting piece is combined to the vertical pillar with the second fastener (see fig. 11).
In regard to claim 9, Chen teaches the claimed invention wherein the plurality of jambs has a recess (10c, see [0032]) for accommodating the connecting piece; the connecting piece is movable in the recess (see [0038]).
In regard to claims 12 and 22, Chen teaches the claimed invention wherein the louver window further comprises a covering piece (18) covering the connecting piece and forming an opening that corresponds to the second fastened portion of the connecting piece (see figs. 6, 7).
In regard to claim 13 and 23, Chen teaches the claimed invention wherein the covering piece has two bending portions located adjacent to two sides of the opening respectively.
Given that the bending portions lack any structure in the claim, per broadest reasonable interpretation the portions adjacent to the opening are capable of being bending portions since they are narrow portions of material which facilitate bending the piece.
In regard to claim 14, Chen teaches an adjusting structure, which is disposed between a first element (10b) and a second element (14), the adjusting structure comprising:
a connecting piece (20) having a first fastened portion (201) and a second fastened portion (202) formed on the first fastened portion;
wherein when the connecting piece is only combined with the second element, the second element and the connecting piece are movable on the first element together (Note that the connecting piece is combined only with the vertical pillar when the locking member 22 is loosened as noted in [0039]).
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 10, 20 rejected under 35 U.S.C. 103 as being unpatentable over Chen.
In regard to claims 10 and 20, Chen teaches the claimed invention wherein the louver window further comprises a covering piece (18) covering the connecting piece and forming an opening that corresponds to the second fastened portion of the connecting piece (see figs. 6, 7).
Chen’s covering piece does not comprise two pieces.
It would have been an obvious matter of design choice to provide the covering piece as two separate pieces so as to facilitate installation and because such modification would have yielded no more than the predictable result of providing cover.
Allowable Subject Matter
Claims 8 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 11, 19 and 21 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.
The following is a statement of reasons for the indication of allowable subject matter:
For claims 8 and 18 (providing the claims depend from claims 4 and 16 respectively), the prior art of record does not teach or suggest an adjusting structure disposed between first and second elements comprising a connecting piece that when combined with the second element, both the connecting piece and the second element are movable. Wherein the connecting piece comprises a first fastener inserted through a fastening groove to combine the connecting piece to the first element and a second fastener inserted through a fastening hole to combine the connecting piece to the second element as recited within the context of the claim, and wherein a third fastener is inserted through a fastening hole provided on one end of a first fastened portion of the connecting piece to combine the connecting piece to the first element.
For claims 11 and 21, the prior art of record does not teach or suggest an adjusting structure disposed between first and second elements comprising a connecting piece having two covering pieces covering the connecting piece wherein each end of the each of the two covering pieces is formed with a gradually narrowing portion and an open groove surrounded by the gradually narrowing portion such that when the two covering pieces are abutted against each other, the open grooves collectively form the opening as recited within the context of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/PAOLA AGUDELO/Primary Examiner, Art Unit 3633
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