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 14 and 17 are objected to because of the following informalities:
Claim 14 recites “hardness of the first connecting rod unit and hardness of the second connecting rod unit are greater than hardness of the connecting device” in lines 1-3. Each of the recitations of “hardness” should be amended to recite --a hardness--.
Claim 17 recites “star-shaped, heart-shaped, or steplike” with respect to the shape of the weight reducing groove. These terms lack appropriate definition in the context of the disclosure. It is recommended that said terms be removed from the list of shapes for the weight reducing groove in claim 17.
Appropriate correction is required.
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 1-3, 8, 12, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burns (U.S. Patent No. 4,299,008).
Regarding claim 1, Burns discloses a connecting rod piece (the connecting rod piece is shown generally in Figure 1 as the assembly including rod units 10 and connecting device 17) comprising: a hollow first connecting rod unit (10), wherein a side wall of the first connecting rod unit is provided with a first mounting slot (lower slot defined between ribs 11); a connecting device (17), wherein the connecting device has a first end and a second end (opposing longitudinal ends of the connecting device 17, shown in at least Figure 1); and a hollow second connecting rod unit (adjacent rod unit 10), wherein a side wall of the second connecting rod unit is provided with a second mounting slot (lower slot defined between the ribs 11; see annotated drawing below); the first end of the connecting device is detachably connected to the first connecting rod unit, and the second end of the connecting device is detachably connected to the second connecting rod unit (the connecting device 17 is connected to the first and second rod units 10 via fasteners 16); the first mounting slot and the second mounting slot are communicated in sequence to form a mounting channel (column 2, lines 39-61); and the mounting channel is configured to mount a curtain (via runners 21).
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Regarding claim 2, Burns discloses that the first connecting rod unit has a first inner surface (interior surface of the unit 10 on which the protrusions 19 and 14 are formed) and a first outer surface (exterior surface of the unit 10); a first protrusion (19) and a second protrusion (19, on the opposing side) are arranged on the first inner surface in a protruding manner; and the first protrusion and the second protrusion are respectively located on left and right sides of the first inner surface [FIG. 2].
Regarding claim 3, Burns discloses that the connecting device comprises an upper half part and a lower half part (upper and lower half parts of the connecting device 17 are defined as the top and bottom sections of the connecting device; see annotated drawing below); a first positioning slot is formed among the first positioning protrusion, the second positioning protrusion, and an upper side of the first inner surface (the first positioning slot is the upper portion of the slot into which the connecting device 17 is inserted, defined above the protrusions 19); a second positioning slot is formed among the first positioning protrusion, the second positioning protrusion, and a lower side of the first inner surface (the second positioning slot is the lower portion of the slot into which the connecting device 17 is inserted, defined below the protrusions 19; see annotated drawing below); one end of the upper half part is inserted into the first positioning slot; and one end of the lower half part is inserted into the second positioning slot [FIGS. 1, 2].
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Regarding claim 8, Burns discloses that the connecting device comprises an upper half part and a lower half part (upper and lower portions of the connecting device 17; see annotated drawing above); and the upper half part and/or the lower half part has a weight reducing groove (groove defined in the top of the connecting device, shown in Figure 1; this groove reads on the term “weight reducing groove”, as it provides the connecting device as a lower weight item relative to a fully solid member).
Regarding claim 12, Burns discloses that the connecting rod piece is an aluminum alloy connecting rod piece (column 1, lines 51-53), an iron connecting rod piece, a plastic connecting rod piece, a stainless steel connecting rod piece, a copper connecting rod piece, a zinc alloy connecting rod piece, a copper alloy connecting rod piece, an alloy steel connecting rod piece, or an aluminum-plastic composite connecting rod piece; and the connecting device is a plastic connecting device or a metal connecting device (column 2, lines 1-2).
Regarding claim 15, Burns discloses that a ratio of length of the first connecting rod unit to a length of the connecting device is at least 1:1, and a ratio of a length of the second connecting rod unit to a length of the connecting device is at least 1:1 (as shown in Figure 1, the connecting device 17 is shorter than the respective connecting rod units 10, thereby defining a length ratio of at least 1:1).
Regarding claim 17, Burns discloses that the weight reducing groove is square, rectangular, circular, elliptical, triangular, semicircular, polygonal (Figure 1 illustrates a shape of the weight reducing groove that is at least polygonal), star-shaped, heart-shaped, or steplike.
Regarding claim 18, Burns discloses that the connecting device comprises an upper half part and a lower half part (upper and lower portions; see annotated drawing above; the lower half part is provided with a first guide slot (lower slot defined between the downwardly extending legs of the connecting device 17, shown in at least Figure 2); the first mounting slot, the first guide slot, and the second mounting slot are communicated in sequence to form the mounting channel [FIG. 2]; the mounting channel is configured to mount the curtain (via runners 21); and a thickness of a middle portion of the lower half part is less than a thickness on each of two sides of the lower half part (the thickness of the lower half part is largest at the middle area defined by the stepped portion of the downwardly extending legs, shown in at least Figure 2).
Regarding claim 19, Burns discloses that the connecting device comprises an upper half part and a lower half part (upper and lower portions; see annotated drawing above), the upper half part has a weight reducing groove (groove defined in the top of the connecting device 17, shown in at least Figure 1); and the lower half part is a solid lower half part (the connecting device 17, including the lower half part is formed from extruded aluminum, which is a solid material).
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 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Burns (U.S. Patent No. 4,299,008).
Regarding claims 13 and 14, Burns discloses the first and second connecting rod units and the connecting device, but does not explicitly disclose that the sum of the weights of the connecting rod units and the hardness of the connecting rod units are greater than that of the connecting device.
It nonetheless would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting rod units to be formed in a size and/or material that is heavier and harder than the connecting device, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Providing the connecting rod units in a heavier and harder configuration provides the obvious benefits of increasing the durability of the rod units, thereby reducing the risk of damage or wear during use.
Claims 4-7, 9-11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Burns (U.S. Patent No. 4,299,008) in view of Hollaender (U.S. Patent No. 3,000,656).
Regarding claim 4, Burns discloses that the connecting device comprises an upper half part and a lower half part (upper and lower portions; see annotated drawing above), but does not disclose a third locking member or fifth mounting hole.
Nonetheless, Hollaender discloses a connecting rod piece comprising a third locking member (14), one end of the third locking member is provided with a third external thread (threaded end of the locking member 14 shown in at least Figure 2); another end of the third locking member is provided with a third nut (hex head of the locking member 14, shown in Figure 1); a respective upper half part (3) is further provided with a fifth mounting hole (12); the fifth mounting hole is internally provided with a third internal thread (column 2, lines 50-52); the third external thread is connected to the third internal thread [FIG. 2], and one end of the third locking member is compressed to a lower half part (2), to form a gap between the upper half part and the lower half part (gap formed at the interface 8, shown in Figure 2) to compress the lower half part and the upper half part to an inner wall of the first connecting rod unit (5) and an inner wall of the second connecting rod unit (5; column 3, lines 5-16); a stop protrusion (4) is further arranged on a side wall of the connecting device [FIG. 1]; and the fifth mounting hole is provided in the stop protrusion [FIGS. 1, 2].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting device to have the locking/spreading configuration and stop protrusion taught by Hollaender, in order to ensure that the connecting device is correctly and quickly aligned, and to provide more even clamping force along the interior of the connecting rod units, so as to provide a more secure connection between the units.
Regarding claims 5-7 and 16, Burns discloses that the first connecting rod unit has a first mounting opening (opening shown in Figure 1 in the connecting rod unit 10 into which the connecting device 17 is inserted); the second connecting rod unit has a second mounting unit (corresponding opening into which the connecting device 17 is inserted); the first end of the connecting device is inserted into the first mounting opening, and the second end of the connecting device is inserted into the second mounting opening, to enable the connecting device to combine the first connecting rod unit with the second connecting rod unit into a whole (column 2, lines 39-61); wherein a length of the first connecting rod unit is greater than a length of the first end, to enable the first connecting rod unit to completely wrap around the first end; a length of the second connecting rod unit is greater than a length of the second end, to enable the second connecting rod unit to completely wrap around the second end [FIGS. 1, 2]. Burns does not disclose a stop protrusion.
Nonetheless, Hollaender discloses a connecting rod piece including a stop protrusion (4) arranged on a side wall of the connecting device (1) [FIG. 1]; the stop protrusion is located between the first end and the second end [FIG. 1]; one side of the stop protrusion is stopped at the first mounting opening; and another side of the stop protrusion is stopped at the second mounting opening (as shown in the assembled state in Figure 4); wherein a length of the first end and a length of the second end are both greater than a length of the stop protrusion [FIG. 1]; and a width of the first end and a width of the second end are both less than a width of the stop protrusion [FIG. 1]; wherein a width of the stop protrusion is greater than an inner diameter of the first mounting opening [FIG. 3]; and wherein when the connecting device combines the first connecting rod unit with the second connecting rod unit into a whole, a length of the connecting rod piece is at least a sum of the length of the first connecting rod unit, the length of the second connecting rod unit, and the length of the stop protrusion (as shown in Figure 4, the combined length of the connecting device is at least the length of the rod units 5 and the stop protrusion 4).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting device of Burns to have the stop protrusion configuration taught by Hollaender, in order to ensure quick and accurate alignment of the connecting device within the rod units with consistent projection of each end into each rod unit; and to provide a continuous exterior surface for the connecting rod piece. It further would have been obvious to have provided the connecting device with dimensions in the claimed ranges, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Providing the connecting device and mounting openings with dimensions in the claimed ranges provides the obvious benefits of ensuring a sufficient strength and structural integrity to support the weight of the curtain, and providing a secure connection that is easily assembled and sufficiently strong.
Regarding claims 9-11, Burns discloses a weight reducing groove, but does not disclose reinforcing ribs or groove units.
Nonetheless, Hollaender discloses a weight reducing groove including a first reinforcing rib dividing the groove into at least two groove units and a second reinforcing rib crosswise arranged with the first, that further divides the weight reducing groove into at least four groove units arranged in sequence in length and width directions of the connecting device (see annotated drawing below).
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Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the groove of Burns to include the ribs and groove units taught by Hollaender, in order to ensure that sufficient strength is maintained in the connecting device while minimizing the material cost of the part. It further would have been obvious to have provided the reinforcing ribs and weight reducing groove with dimensions in the claimed ranges, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Providing the connecting device with dimensions in the claimed ranges provides the obvious benefits of ensuring a sufficient strength and structural integrity to support the weight of the curtain, and providing a secure connection that is easily assembled and sufficiently strong.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Burns (U.S. Patent No. 4,299,008) in view of Frascaroli (U.S. Patent No. 4,570,408).
Regarding claim 20, Burns discloses that the first connecting rod unit has a first mounting opening (opening shown in Figure 1 in the connecting rod unit 10 into which the connecting device 17 is inserted); the second connecting rod unit has a second mounting unit (corresponding opening into which the connecting device 17 is inserted); the first end of the connecting device is inserted into the first mounting opening, and the second end of the connecting device is inserted into the second mounting opening, to enable the connecting device to combine the first connecting rod unit with the second connecting rod unit into a whole (column 2, lines 39-61), the connecting device comprises an upper half part and a lower half part (upper and lower portions; see annotated drawing above). Burns does not disclose a gap between the upper and lower half parts, mounting holes, or locking members provided on the connecting device.
Nonetheless, Frascaroli discloses a connecting rod piece comprising an upper half part (11) and a lower half part (12); a middle portion of the upper half part is connected to a middle portion of the lower half part (via annular element 17); a first gap exists between one end of the upper half part and one end of the lower half part [FIG. 3]; a second gap exists between another end of the upper half part and another end of the lower half part (gap provided at the opposing end corresponding to the one shown in Figure 3); a first mounting hole (24) is provided in the first end of the connecting device; a second mounting hole (24) is provided in the second end of the connecting device [FIG. 2]; a third mounting hole (8) is provided in the first connecting rod unit (2); a fourth mounting hole (8) is provided in the second connecting rod unit (3) [FIG. 1]; the connecting rod piece further comprises a first locking member (25); the first locking member detachably locks the first end of the connecting device to the first connecting rod unit [FIG. 3]; the connecting rod piece further comprises a second locking member (25); the second locking member detachably locks the second end of the connecting device to the second connecting rod unit [FIGS. 1, 3]; the first mounting hole has a first internal thread inside; the second mounting hole has a second internal thread inside (each of the first and second mounting holes 24 are internally threaded as disclosed in column 2, lines 11-13); one end of the first locking member has a first external thread [FIG. 1]; one end of the second locking member has a second external thread [FIG. 1] (column 2, lines 28-29); when the first external thread of the first locking member passes through the third mounting hole and the first mounting hole in sequence and is connected to the first internal thread [FIG. 3], one end of the first locking member compresses the upper half part to the lower half part, to expand the first gap between the upper half part and the lower half part to compress the lower half part and the upper half part to an inner wall of the first connecting rod unit (column 2, lines 28-40); and when the second external thread of the second locking member passes through the fourth mounting hole and the second mounting hole in sequence and is connected to the second internal thread, one end of the second locking member compresses the upper half part to the lower half part [FIGS. 1, 3], to expand the second gap between the upper half part and the lower half part to compress the lower half part and the upper half part to an inner wall of the second connecting rod unit (column 2, lines 28-40).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting device and connecting rod units of Burns to have the mounting hole and locking unit configuration taught by Frascaroli, in order to ensure a secure connection between the connecting rod units that can be adequately tightened, and to provide a more even distribution of clamping force, so as to prevent bending or twisting of the unit when it is assembled.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 12, 18, and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 7 of U.S. Patent No. 12,258,998. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the corresponding claims of the reference patent.
Conclusion
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/ABE MASSAD/Primary Examiner, Art Unit 3634