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 .
Application Status
Claims 2-16 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 2-16 are rejected herein.
Information Disclosure Statement
As of the date of this action. an information disclosure statements (IDS) have been filed on 7/10/2025 and on 08/05/2025 and reviewed by the Examiner.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2 and 6-16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Whittemore (U.S. Pat. Pub. No. 20070020322 A1).
Regarding claim 2, Whittemore teaches a system, comprising:
a curtain rail (32) extending in a first horizontal direction of extension, the curtain rail comprising a channel (channel receiving 33 or 34) extending along the length of the curtain rail in the first horizonal direction of extension, the channel comprising:
a base (lower element of 32 contacting 10) comprising opposed upper and lower surfaces; and first and second side walls (see Fig. 2A sidewalls at annotation 32) along opposite edges of the base, the first and second side walls parallel to the first horizontal direction of extension, the upper surface of the base and the first and second walls defining the channel that extends along the length of the base;
a rail clip (Fig. 4E; 300, 310) positioned at the channel of the curtain rail, the rail clip comprising:
at least one side panel (301); and
a base (base defined by 310 or 313) coupled to the at least one side panel; and
a curtain [0089] positioned between the rail clip and the curtain rail [capable see Figs. 1-5C for configuration],
wherein the rail clip is coupled to the curtain rail via an attachment mechanism (106).
Regarding claim 6, Whittemore teaches at least one rail head (30A).
Regarding claim 7, Whittemore teaches a width of the channel (width of 33 or 34) in a second horizontal direction perpendicular to the first horizontal direction is at least as wide as a width of the at least one rail head (30A).
Regarding claim 8, Whittemore teaches a width of the channel (width of 33 or 34) in a second horizontal direction perpendicular to the first horizontal direction is at least as wide as a combined width of two rail heads (30A, 30B).
Regarding claim 9, Whittemore teaches the first and second side walls comprise at least one lip (lip defining 34).
Regarding claim 10, Whittemore teaches the curtain rail comprises a friction material at a lower surface [all material comprises friction at least to some extent].
Regarding claim 11, Whittemore teaches the at least one side panel (301) extends in a direction transverse to the first horizontal direction of extension of the base.
Regarding claim 12, Whittemore teaches wherein rail clip comprises at least one protrusion (303 or 302A).
Regarding claim 13, Whittemore teaches the curtain rail comprises at least one hole (opening of 108 receiving 302A) constructed and arranged to couple with the at least one protrusion.
Regarding claim 14, Whittemore teaches the at least one hole is at the at least one of the first and second sidewalls.
Regarding claim 15, Whittemore teaches the at least one protrusion (302A) is at the at least one side panel (301) of the rail clip.
Regarding claim 16, Whittemore teaches at least one of the at least one side panel is bendable (at least to some extent).
Allowable Subject Matter
Claims 3-5 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631
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