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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the curtain holding part and guide devices from claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 4 are objected to because of the following informalities: Claims 1 and 4 appear to use the terms "electric motor drive" and "electromotive drive" interchangeably. The same term should be utilized throughout the claims when referring to the same part. Appropriate correction is required.
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 3-4, 7, 9, 12, and 15-19 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 3 recites the limitation "the guides of the structural unit" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claims 7 and 17 recite the limitation “…the window-like opening…in at least one end region and/or a middle region of the curtain rail…”. When and/or is used in a claim limitation, each limitation individually and the combination of both must also be true. As only one window-like opening is described and depicted, it is not clear how a window-like opening could be present in at least one end region and a middle region of the curtain rail.
Claim 9 recites the limitation “…wherein the opening arranged laterally in the profile cross-section of the curtain rail is concealed behind the curtain in the installed state…”. However, the claims are only directed to a device for opening and closing curtains and claim 9 positively claims the curtain as well. It is not clear if the curtain is part of the claimed subject matter or not. If only the device is to be claimed, claim 9 could be amended to recite for example “…wherein the opening arranged laterally in the profile cross-section of the curtain rail is configured to be concealed behind the curtain in the installed state…”.
Claims 12 and 18 recite the limitation "the " in line 3. There is insufficient antecedent basis for these limitations in the claims.
Claim 15 recites the limitation "the profile cross-section" in 2, “the drive means” in lines 5-6, and “the at least one channel” in line 8. There is insufficient antecedent basis for these limitations in the claim.
Claims 4, 16, and 19 are rejected based on their respective dependencies.
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.
Claim(s) 1-14 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (U.S. 2015/0354274).
Regarding claim 1, Yu teaches a device for opening and closing curtains, comprising a curtain rail (1) with at least one channel open in the direction of the curtain to be hung (curtain body described in [0017]) and at least one curtain holding part (defined in annotated fig 3) held movably in the channel in the longitudinal direction of the channel (as seen in annotated fig 3) by means of guide devices (as defined in annotated fig 3) for attaching the curtain to be hung, the guide devices for the at least one curtain holding part being adjustable along the curtain rail (1) via an electric motor drive (2) by means of a drive means (13), wherein a laterally arranged, window-like opening (H) is made in at least one section of the profile cross-section of the curtain rail (1), which opening (H) provides access from outside the curtain rail (1) at least to the at least one channel (as seen in section views in fig 2 and 4) for the drive means (13), wherein a structural unit (21) for the electromotive drive (2) and/or a deflection (221) of the drive means (13) can be inserted into this opening (H) and can be fixed therein laterally on the curtain rail (1) in such a way that the drive means (13) can pass through the area for the electromotive drive (2) and/or the deflection (221).
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Regarding claim 2, Yu teaches the device of claim 1. Yu further teaches wherein the structural unit (21) shows the electromotive drive (2) and/or the deflection (221) as well as guides (211) for the drive means (13) from the region within the at least one channel (within curtain rod 1 as seen in fig 4) for the drive means (13) in the curtain rail (1) into the area of the electromotive drive (2) and/or the deflection (221) and back into the at least one channel (within curtain rod 1 as seen in fig 4) for the drive means (13) in the curtain rail (1).
Regarding claim 3, Yu teaches the device of claim 1. Yu further teaches wherein the guides (211) of the structural unit (21) for guiding the drive means (13) from the region within the channel (within curtain rod 1 as seen in fig 4) for the drive means (13) in the curtain rail (1) into the region of the electromotive drive (2) and/or the deflection (221) and back are curved (as seen in fig 4).
Regarding claim 4, Yu teaches the device of claim 3. Yu further teaches wherein a guide (211) for the drive means (13) from the region within the channel (within curtain rod 1 as seen in fig 4) for the drive means (13) in the curtain rail (1) into the region of the electromotive drive (2) and/or the deflection (221) and a guide (211) for the drive means (13) back from the area of the electric motor drive (2) and/or the deflection (221) into the channel (within curtain rod 1 as seen in fig 4) for the drive means (13) in the curtain rail (1) are provided.
Regarding claim 5, Yu teaches the device of claim 2. Yu further teaches wherein the guides (211) are designed as parts of the housing of the structural unit (2, wheels 211 are pivotally coupled to the interior of 21 as described in [0020]) which, in the assembly state of the structural unit (2) on the curtain rail (1), project into the window-like opening (H) of the curtain rail (1) as far as into the at least one channel (within curtain rod 1 as seen in fig 4) for the drive means (13, as seen in fig 4).
Regarding claim 6, Yu teaches the device of claim 1. Yu further teaches wherein the laterally arranged, window- like opening (H) interrupts the standard profile cross-section of the curtain rail (1) only in sections (as seen in fig 4).
Regarding claim 7, Yu teaches the device of claim 1. Yu further teaches wherein the window-like opening (H) is arranged in at least one end region (as seen in fig 4) and/or a middle region of the curtain rail (1) arranged along the curtain rail (1).
Regarding claim 8, Yu teaches the device of claim 1. Yu further teaches wherein the curtain rail (1) extends over the entire length of the moving region of the curtain and is visible from the front of the curtain as a continuous part (as described in [0028], the driving device is installed at the back of the curtain rail and is therefore hidden by the curtain body to give a uniform appearance).
Regarding claim 9, Yu teaches the device of claim 8. Yu further teaches wherein the opening (H) arranged laterally in the profile cross-section of the curtain rail (1) is concealed behind the curtain in the installed state (as described in [0028], the driving device is installed at the back of the curtain rail and is therefore hidden by the curtain body to give a uniform appearance).
Regarding claim 10, Yu teaches the device of claim 1. Yu further teaches wherein the structural unit (21) with the electromotive drive (2) and/or the deflection (221) is designed to fit a plurality of curtain rails (1) of different cross-sections (as the structural unit attaches to an opening in the curtain rail, the curtain rail could be one of any number of configurations).
Regarding claim 11, Yu teaches the device of claim 1. Yu further teaches wherein the structural unit (21) with the electromotive drive (2) and/or the deflection (221) engages around at least parts of the outer contour of the curtain rail (1, as seen in fig 4) and/or engages in recesses in the outer contour of the curtain rail (1, as seen in fig 4) and is fixed there on the curtain rail (via frame 5 and hanging part 52 being fixed to curtain rail 1).
Regarding claim 12, Yu teaches the device of claim 1. Yu further teaches wherein the opening (H) arranged laterally in the profile cross-section of the curtain rail (1) can be machined, preferably milled, into the profile cross-section of the curtain rail (1) on the user side (the geometry of opening H could be milled into the profile cross-section of the curtain rail).
Regarding claim 13, Yu teaches the device of claim 1. Yu further teaches wherein the drive means (13) is designed as a, preferably endless, belt, preferably a toothed belt (as seen in figs 2 and 4 drive means 13 is a continuous toothed belt), a cord or a band.
Regarding claim 14, Yu teaches the device of claim 1. Yu further teaches wherein the drive means (13) can be deflected via rollers or gear wheels (221 and 211) in the structural unit (21) for the electromotive drive (2) and/or a deflection (221).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (U.S. 2015/0354274) in view of Interstil (DE202021101314U1).
Regarding claim 15, Yu teaches, as best understood by the 35 U.S.C. 112(b) rejections above, a method for connecting an electromotive drive (2) and/or a deflection (221) to the profile cross-section of a curtain rail (1), wherein at least one laterally arranged, window-like opening (H) for accommodating a structural unit (21) for the electromotive drive (2) and/or a deflection (via 221) of the drive means (13) is incorporated into the profile cross-section of the curtain rail (1) in at least one section of the curtain rail (1, as seen in fig 4), which provides access from outside the curtain rail (1) at least to the at least one channel (within curtain rod 1 as seen in fig 4) for a drive means (13) of the curtain.
While Yu teaches an opening (H) in the curtain rail (1), it is silent as to the method in which the opening (H) was formed within the profile of the curtain rail (1).
Interstil teaches a similar curtain rail with openings cut into the curtain rail profile, where the openings are made during a milling process, as described in [0017].
Yu and Interstil are considered to be analogous to the claimed invention because they are in the same field of curtain rails. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yu to incorporate the teachings of Interstil and utilize a machining, specifically a milling process, to incorporate the opening into the profile cross-section of the curtain rail. Doing so would utilize a known manufacturing process that is highly precise to provide an opening in the curtain rail to incorporate the electric motor drive.
Regarding claim 16, the combination of Yu and Interstil teaches the method of claim 15. Yu and Interstil further teach wherein the window-like opening (H Yu) is machined (via milling process taught by Interstil as per the combination above) into the profile cross-section of the curtain rail (1 Yu) to match the dimensions of the curtain rail (1, as seen in fig 4 Yu) and the movement lengths of the curtain along the length of the curtain rail (1, see fig 4 Yu).
Regarding claim 17, the combination of Yu and Interstil teaches the method of claim 15. Yu and Interstil further teach wherein the window-like opening (H Yu) is machined (via milling process taught by Interstil as per the combination above) in at least one end region (as seen in fig 4 Yu) and/or a middle region of the curtain rail (1 Yu) arranged along the curtain rail (1 Yu).
Regarding claim 18, the combination of Yu and Interstil teaches the method of claim 15. Yu and Interstil further teach wherein the window-like opening (H Yu) is machined (via milling process taught by Interstil as per the combination above) into the profile cross-section of the curtain rail (1 Yu) on the user side (see fig 4 Yu).
Regarding claim 19, the combination of Yu and Interstil teaches the method of claim 15. Yu and Interstil further teach wherein the opening (H Yu) arranged laterally in the profile cross-section of the curtain rail (1 Yu) is milled (via milling process taught by Interstil as per the combination above) into the profile cross- section of the curtain rail (1 Yu).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11,903,510, US 11,497,337, US 8,210,369 (all of which teach curtain rails with drive mechanisms).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan M Heschel whose telephone number is (571)272-6621. The examiner can normally be reached Monday-Friday 8:00 am-4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571)270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUSAN M. HESCHEL/Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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