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 “tarpaulin body folded into a whole” of claim 1 must be shown or the features canceled from the claims. 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 3 and 7 are objected to because it is suggested “wherein the frame comprises” be amended to read “wherein the plurality of support rods comprises” as it appears claim 3 is further defining the plurality of support rods versus the frame having a plurality of support rods AND all the upright and rods claimed in claim 3. 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.
Claims 1 and 18 are rejected under 35 U.S.C. 112(b), 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.
Regarding claim 1, It is unclear what “tarpaulin body folded into a whole” means. Folded into a whole what?. The examiner will be interpreting the tarpaulin body folded into a whole as the tarpaulin body being able to be folded with the frame. No new matter should be entered.
Regarding claim 18, the term “electric zipper” is not a term of art and does not appear to have an ordinary or customary definition. The applicant also did clearly set forth a special definition of the term so it is unclear what the term “electric zipper” covers. The examiner will be interpreting the electric zipper to be electric if it is connected to or a part of an electronic or motorized system.
Regarding claim 18, it is unclear what the term “and other surfaces” is referring to. The applicant also did clearly set forth a special definition of the term so it is unclear what the term “and other surfaces” covers. The term “other surfaces” is broad enough it seems it could apply to the ceiling of the room, or the surface of a bed in the tarpaulin device. The examiner will be interpreting this to mean a surface adjacent to the curtain.
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, 7-8, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ballantyne et al (US 10039681), herein referred to as Ballantyne.
Regarding claim 1, Ballantyne discloses a device comprising a frame being unfolded or folded into a predetermined shape (col. 7 line 53-60 “the apparatus 100 includes a frame 110, which in use is moveable between collapsed and erected configurations”, fig. 2A frame 110 unfolded into a predetermined shape, fig. 2B frame folded into a predetermined shape); and a tarpaulin body connected to the frame (col. 7 line 53-60, “A body 120 is supported by the frame 110”, col. 12 line 9-25 “The body 120 and the curtains 142 are typically made of a flexible, lightweight, substantially water-resistant sheet material, such as a fabric, PVC (Polyvinyl Chloride), PE (Polyethylene) or the like, thereby providing a barrier to contaminants within the internal volume... In any event, it will be appreciated that the body 120 is similar in form to a tent body”), wherein when the frame is unfolded, the tarpaulin body is unfolded to form a hermetic space completely isolated from an outside world (col. 7 line 53-60 “when the frame 110 is in the erected configuration, the body 120 defines an internal volume 130 for containing a subject, such as a patient on a bed 131, to thereby substantially isolate the subject from a surrounding environment”), and when the frame is folded, the tarpaulin body is folded into a whole. (col. 14 line 34-42 “if the body 120 is fitted, it will unfold as the frame extends” the body is fitted to the frame while frame is folded so is “folded into a whole”).
Regarding claim 2, Ballantyne discloses a frame comprises a plurality of support rods. (Column 10, line 44 “In this example, the frame 110 includes a number of upright legs 201, 202, 203, 204, 205, 206, 207”.)
Regarding claim 3, Ballantyne discloses a frame comprises a first support upright, a second support upright, a first support cross rod and a second support cross rod, the first support upright and the second support upright are vertical and parallel to each other, the first support cross rod and the second support cross rod are horizontal and parallel to each other, the first support cross rod is connected to the first support upright, and the second support cross rod is connected to the second support upright. (Column 10, line 44. Fig 3C. “the frame 110 includes a number of upright legs 201, 202, 203, 204, 205, 206, 207 interconnected by a number of lateral connecting members 221, 222, 223, 224, 226. In this example, seven legs are shown, but it will be appreciated that this is not essential, and four or more may be used.” The examiner is interpreting the support uprights to be elements 201 – 204 and the support cross rods to be 221 and 224.)
Regarding claim 7, Ballantyne discloses a frame comprises first support upright, a second support upright, a third support upright and a fourth support upright, the first support upright, the second support upright, the third support upright and the fourth support upright are vertical and parallel to each other, and a fourth support cross rod is provided between the first support upright and the second support upright. (Column 18, line 10. Fig 8C. “the frame 610 includes five upright legs 701, 702, 703, 704, 705, interconnected by three lateral connecting members 721, 722, 723 and a collapsible curtain rail 725” The examiner is interpreting the support uprights to be elements 701 – 704 and the fourth support cross rod to be element 725.)
Regarding claim 8, Ballantyne discloses wherein first telescopic connecting frame is provided between the second support upright and the third support upright, a second telescopic connecting frame is provided between the third support upright and the fourth support upright, and a third telescopic connecting frame is provided between the fourth support upright and the first support upright. (Column 17, line 36. “The connecting members 721, 722, 723 include pairs of pivotally connected scissor arms attached to the legs 701, 702, 703, via fixed and movable brackets allowing the scissor arms to move between an extended position, shown for example in FIG. 7A”. The examiner is interpreting that the telescopic connecting frames are elements 721 – 723 and are telescopic in that they can become “shortened or condensed”.)
Regarding claim 19, Ballantyne teaches a nursing room (apparatus 100 capable of being used as a nursing room) first support structure that is movable; a second support structure that is movable, the second support structure and the first support structure being able to approach or move away from each other; and the hermetic tarpaulin device of claim 1, wherein a frame of the hermetic tarpaulin device is installed on the first support structure and the second support structure. (Column 11, lines 47 – 52. Figs. 5C – 5D. Elements 151 – 152. “In one example, the panels 151, 152, which are pivotally attached to the legs 216, 213, respectively, are adapted to engage the connecting member 223. This acts to assist in bracing the legs 216, 213 relative to the connecting member 223, thereby enhancing the strength of the frame 110 in the erected configuration.”)
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ballantyne.
Regarding claim 20, Ballantyne teaches a nursing room (apparatus 100 capable of being used as a nursing room) first support structure that is movable; a second support structure that is movable, the second support structure and the first support structure being able to approach or move away from each other; and the hermetic tarpaulin device of claim 1, wherein a frame of the hermetic tarpaulin device is installed on the first support structure and the second support structure. (Column 11, lines 47 – 52. Figs. 5C – 5D. Elements 151 – 152. “In one example, the panels 151, 152, which are pivotally attached to the legs 216, 213, respectively, are adapted to engage the connecting member 223. This acts to assist in bracing the legs 216, 213 relative to the connecting member 223, thereby enhancing the strength of the frame 110 in the erected configuration.”) While Ballantyne does not teach a third and fourth support structure that is movable and can approach or move away from each other. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to duplicate the first and second supports to have a third and fourth support structure that are also moveable and can approach or move away from each other and the frame of the hermetic device is also installed on the third and fourth support structure as the courts upheld that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced. (Please see MPEP 2144.04 In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).)
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ballantyne in view of Xu et al (CN 1266937), herein referred to as Xu.
Regarding claim 4, Ballantyne teaches the hermetic tarpaulin device of claim 3.
However, Ballantyne fails to teach a first diagonal rod provided between the first support upright and the first support cross rod and/or a second diagonal rod is provided between the second support upright and the second support cross rod.
Xu teaches a portable enclosure with a first diagonal rod (fig. 2 element 5) provided between a first support upright (fig. 2 unlabeled, mirrored left side element 15) and a first support cross rod (fig. 2 element 12) and/or a second diagonal rod (not pictured in fig. 2, mirrored to element 5) is provided between a second support upright (fig. 2 element 15) and a second support cross rod. (not pictured in Fig. 2, mirrored to element 12) (note the tent in fig. 2 is a rectangular tent (see fig. 17, a top view) so has 4 legs, 4 cross arms, and would therefore have 8 matching diagonal arms, 2 for each leg connecting to the 2 connected cross arms, also of note the claim is “and/or” so only a first diagonal rod is needed).
It would be prima facie obvious to one of ordinary skill in the art to modify the frame taught in Ballantyne (a first and second support upright and a first and second support cross rod) to have a diagonal rod connecting the uprights to the cross rod. One of ordinary skill in the art would have recognized that adding a diagonal rod would provide extra support and sturdiness ensuring the safety of the users inside.
Regarding claim 5, Ballantyne teaches wherein a third support cross rod provided between the first support cross rod and the second support cross rod. (Figure 3C. Element 222. The examiner is interpreting element 222 as the third support cross rod between first support cross rod (221) and second support cross rod (224).)
Regarding claim 6, Ballantyne teaches wherein the first support upright, the second support upright, the first support cross rod, the second support cross rod and the third support cross rod are telescopic rods or folding rods. (Column 10, line 66. “As shown for the leg 201, the legs 201, 202, 203, 204, 205, 206, 207 may be made of multiple sections 201.1, 201.2, and are telescopic, allowing the frame 110 to be moved between a raised position”. Column 11, line 18. “The connecting members 221, 222, 223, 224 may be of any suitable form….the scissor arms to move between an extended position, shown for example in FIG. 2A, and retracted positions, shown for example in FIGS. 2B to 2F. It will be appreciated that the connecting members 222, 223, 224 typically have a similar configuration”. The examiner is interpreting that the support upright rods, elements 201-204 are telescopic in that they fold into each other. The examiner is interpreting that the support cross rods 221-224 are telescopic in that they can become “shortened or condensed”.)
Claims 9-16 is rejected under 35 U.S.C. 103 as being unpatentable over Ballantyne in view of Mintie et al (WO 2004/011163), herein referred to as Mintie.
Regarding claims 9 and 10, Ballantyne teaches wherein the tarpaulin body is unfolded to form a structure, an interior of the structure forms the hermetic space, and at least one surface is designed to have an open state communicating with the outside world and a closed state isolated from the outside world (of claim 9) and one surface comprises at least one curtain movable to open or close the hermetic space (of claim 10). (Column 12, line 4. “The body 120 typically includes a roof member 303 and a number of walls 301, 302 extending between a supporting surface and the roof member 303 when the apparatus 100 is in the operative configuration.” Column 12, line 65. “the body 120 typically includes at least two wall members. In the current example, three wall members are shown including two side walls 301 (a right-hand side wall 301 only is shown for the purpose of illustration but the left hand-side wall would have a similar configuration) and a rear wall 302. A short front wall member (not shown) may also extend between the legs 206, 207, with a remaining front of the body being provided by the curtains 142. However, it will be appreciated that other arrangements could be used.”)
However, Ballantyne does not teach that the tarpaulin body is a hexahedron structure as there are only five sides (roof, two side walls, one rear wall, and curtains).
Mintie discloses a portable enclosure with a tarpaulin body that is a hexahedron structure. (Page 7, line 22. “The envelope extends around the entire enclosure and across the entire bottom of the enclosure.” The examiner is interpreting the envelope to be the tarpaulin body in a hexahedron structure due to the enclosure in Fig 2 depicting a cuboid structure.)
It would be prima facie obvious to one of ordinary skill in the art to modify the tarpaulin body taught in Ballantyne with five sides to have a hexahedron structure as taught in Mintie (that extends around the entire enclosure and across the entire bottom). One of ordinary skill in the art would have recognized that using a hexahedron structure would make the enclosed space hermetically sealed and airtight thus reducing the risk of infection as all buildings, including hospitals harbor biological pathogens in the cavities of walls, floors and ceilings. Whenever these cavities are penetrated and the air in them is disturbed, the risk of aerosolizing these pathogens is high. There are always air currents in these cavities, even those that are considered dead air spaces. When an opening is made, the air currents change and pathogens are introduced into the occupied space. Please see page 1, line 24 of Mintie.
Regarding claim 11, Ballantyne teaches a driving mechanism for driving the curtain to move. (Column 2, line 30. “The door actuator includes at least one of: a) at least one foot pedal coupled to the door; and, b) an electric motor supported by the frame and coupled to at least one of an actuator switch or sensor.”)
Regarding claim 12, Ballantyne teaches driving mechanism is installed on the frame (shown in Fig. 10G), the curtain comprises a
first curtain (column 20, lines 11-12: “wherein in use a curtain is mechanically coupled to each belt so that movement of the belt allows the curtains to be opened or closed”) and a second curtain (column 20, lines 11-12: “wherein in use a curtain is mechanically coupled to each belt so that movement of the belt allows the curtains to be opened or closed”. The examiner is interpreting since there are two belts, there is a first curtain on one belt and a second curtain on a second belt. ),
the first curtain and the second curtain move away from and approach each other to open or close the hermetic space (as shown in Fig. 1A (open, curtains are moved away from each other) and 1B (closed, curtains have approached each other)),
the driving mechanism comprises a first driving frame (Column 20, line 20: Driving frames: “The curtain rail 1025 includes two rail members 1025.1, 1025.2, having first ends coupled to the frame legs 1005, 1002, via hinges 1025.4, 1025.5”)
and a second driving frame (Column 20, line 20: Driving frames: “The curtain rail 1025 includes two rail members 1025.1, 1025.2, having first ends coupled to the frame legs 1005, 1002, via hinges 1025.4, 1025.5”) hinged to the frame (Column 20, line 20: “via hinges 1025.4, 1025.5”),
the first driving frame is hinged to the second driving frame (Column 20, Line 23: “and second ends interconnected by a hinge 1025.3” Pictured in Fig. 10G.) (The examiner is interpreting the driving frames to be the two rail members 1025.1 and 1025.2 hinged to the frame legs 1005 and 1002.),
a first curtain slider (Column 21, line 34: “In this regard, the curtains would be connected to the rail via a suitable carriage or other connector (not shown), which is in turn coupled to a corresponding one of the belts 1111, 1112, so that movement of the belts allow the curtains to be opened or closed” The examiner is interpreting the connector (not shown) as the curtain slider)
and a first slider driving assembly (Column 21, line 29: “The sprocket 1111.1 is mechanically coupled via right angle gears 1142, 1143, to a shaft 1141, which is in turn coupled to a motor 1140, allowing the belts to be driven”. The examiner is interpreting the driving assembly to comprise the motor, the belts, and curtain sliders.) are provided on the first driving frame (Column 21, line 19: “The rail member 1025.1, 1025.2 contain endless belts 1111, 1112 mounted on respective sprockets 1111.1, 1111.2, 1112.1, 1112.2 at either end. The sprockets 1111.1, 1112.1 are axially aligned with the hinges 1025.3, 1025.4. The sprockets 1111.2, 1112.2 are coupled via axles 1112.3, 1111.3 to respective cogs 1112.4, 1111.4, which are in turn connected by an idler cog 1113 rotatably mounted on the shaft 1102.1. This arrangement allows rotation to be transmitted between the sprockets 1111.2, 1112.2, and hence the belts 1111, 1112, so that the belts move in synchronisation.” This is shown in figs 11A and 11B.),
a second curtain slider (Column 21, line 34: “In this regard, the curtains would be connected to the rail via a suitable carriage or other connector (not shown), which is in turn coupled to a corresponding one of the belts 1111, 1112, so that movement of the belts allow the curtains to be opened or closed” The examiner is interpreting that since there are two curtains, there is a connector for each curtain and that connector would be the slider.)
and a second slider driving assembly (Column 21, line 29: “The sprocket 1111.1 is mechanically coupled via right angle gears 1142, 1143, to a shaft 1141, which is in turn coupled to a motor 1140, allowing the belts to be driven”. The examiner is interpreting the driving assembly to comprise the motor, the belts, and curtain sliders and notes that this assembly described with sprocket 1111.1 is mirrored in fig 11A where the sprocket is 1112.1, 1112 is the second belt, and they both are driven by the same motor 1140.) are provided on the second driving frame (Column 21, line 19: “The rail member 1025.1, 1025.2 contain endless belts 1111, 1112 mounted on respective sprockets 1111.1, 1111.2, 1112.1, 1112.2 at either end. The sprockets 1111.1, 1112.1 are axially aligned with the hinges 1025.3, 1025.4. The sprockets 1111.2, 1112.2 are coupled via axles 1112.3, 1111.3 to respective cogs 1112.4, 1111.4, which are in turn connected by an idler cog 1113 rotatably mounted on the shaft 1102.1. This arrangement allows rotation to be transmitted between the sprockets 1111.2, 1112.2, and hence the belts 1111, 1112, so that the belts move in synchronisation.” This is shown in figs 11A and 11B.) ),
the first slider driving assembly is configured to drive the first curtain slider to move along the first driving frame, (Column 2, line 58: “Typically each rail member encloses an endless belt mounted on sprockets positioned at either end of the rail member, the sprockets at the second end of each rail being mechanically interconnected by an idler gear, and the sprocket at the first end of one of the rail members being connected to an electric motor, thereby allowing the belts to be moved, and wherein in use a curtain is mechanically coupled to each belt so that movement of the belt allows the curtains to be opened or closed.”), the first curtain slider is fixedly connected to the first curtain (curtain connector, not shown), the second slider driving assembly is configured to drive the second curtain slider to move along the second driving frame (element 1025.2), and the second curtain slider is fixedly connected to the second curtain (curtain connector, not shown).
Regarding claim 13, Ballantyne teaches the first slider driving assembly comprises a first driving motor and a first conveyor belt assembly, the first curtain slider is fixedly connected to the first conveyor belt assembly (Column 21 line 19: The rail member 1025.1, 1025.2 contain endless belts 1111, 1112 mounted on respective sprockets 1111.1, 1111.2, 1112.1, 1112.2 at either end), the second slider driving assembly comprises a second driving motor and a second conveyor belt assembly (Column 21, line 29: The sprocket 1111.1 is mechanically coupled via right angle gears 1142, 1143, to a shaft 1141, which is in turn coupled to a motor 1140, allowing the belts to be driven), and the second curtain slider is fixedly connected to the second conveyor belt assembly (Column 21 line 31: the curtains would be connected to the rail via a suitable carriage or other connector (not shown)). (The examiner is interpreting that the curtains are connected to the driving assemblies (belt assembly and motor) by the curtain sliders.)
Regarding claim 14, Ballantyne teaches a first fixing member and a second fixing member, the first fixing member and the second fixing member are fixedly installed on the frame, the first fixing member is opposite to the second fixing member, the first driving frame is hinged to the first fixing member, and the second driving frame is hinged to the second fixing member. (Column 20, line 64. Figs 11A-B “The hinge 1025.3 further includes locking bolts 1103, mounted in apertures 1105.1 in the plate 1105. The plate 1105 is profiled so that as the handle 1102 and hence plate 1105 are rotated, the bolts 1103 are urged in an axial direction. The bolts extend through the second body portion 1101.2, allowing the bolts 1103 to move into or out of recesses 1104 in the first body portion 1101.1 thereby selectively locking or unlocking the first and second body portions 1101.1, 1101.2 and hence the hinge 1025.3. The reel 1106 is coupled via a cable, linkage, chain, belt, or the like, (not shown) to a locking plate 1131, which selectively engages one of the locking apertures 1131.1. It will be noted that a locking plate 1131 would typically be provided on both rail members with locking apertures in both the hinges 1025.3, 1025.4, and that this is only shown for one rail member and hinge 1025.3 for clarity only.” The examiner interprets the locking bolts (1103) to be the fixing members which connects to the driving frame through a hinge (1025.4 and 1025.3). Although not pictured, it is taught that the elements 1025.4 and 1025.3 would have locking bolts connected through a hinge which would connect to the driving frames.)
Regarding claim 15, Ballantyne teaches a damping hinge is connected between the first fixing member and the first driving frame, between the first driving frame and the second driving frame, and between the second driving frame and the second fixing member. (Please see claim 14 rejection. The examiner is interpreting the plate as a damping hinge.)
Regarding claim 16, Ballantyne teaches a magnetic attractor is provided between the first curtain and the second curtain, between the first curtain and other surfaces, and between the second curtain and other surfaces. (Column 13, line 11. “The curtains 142 could further include magnetic portions, such as a magnetic strip along curtain edges, allowing the curtains to be coupled to the frame 110 and/or walls 301, and/or to allow two curtains 142 to be interconnected.”)
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being patentable over Ballantyne in view of Mintie further in view of Tseng (US 2007/0079857) and Liu (CN 210005899).
Ballantyne in view of Mintie teaches
the curtain comprises a first curtain and a second curtain (Column 8, line 48: “For example, the door can include one or more curtains 142” The examiner is interpreting the door to be made of a first and second curtain based on Figs 1A and 1B.),
the first curtain and the second curtain move away from and approach each other to open or close the hermetical space (as shown in Fig. 1A (open, curtains are moved away from each other) and 1B (closed, curtains have approached each other);
the driving mechanism comprises a first driving frame and a second driving frame hinged to the frame (driving frames: Column 20, line 20 “The curtain rail 1025 includes two rail members 1025.1, 1025.2, having first ends coupled to the frame legs 1005, 1002, via hinges 1025.4, 1025.5”),
the first driving frame is hinged to the second driving frame (Column 20, line 20: “The curtain rail 1025 includes two rail members 1025.1, 1025.2, having first ends coupled to the frame legs 1005, 1002, via hinges 1025.4, 1025.5 and second ends interconnected by a hinge 1025.3”),
a first curtain slider (sliders: Column 21 line 31 “the curtains would be connected to the rail via a suitable carriage or other connector (not shown)”. The examiner is interpreting that each curtain has a slider, therefore there is a first and second curtain slider.),
a first slider driving assembly (driving assemblies: Fig 11A and 11B. Belt assemblies are elements 1111 and 1112. Driving motor is element 1140. Column 21, line 35 “the curtains would be connected to the rail via a suitable carriage or other connector (not shown), which is in turn coupled to a corresponding one of the belts 1111, 1112, so that movement of the belts allow the curtains to be opened or closed, thereby providing a doorway, which can be opened and closed using hands-free operation of a sensor or switch coupled to the motor” The examiner is interpreting the motor + belt assembly + slider make up the driving assembly.),
a second curtain slider (sliders: Column 21 line 31 “the curtains would be connected to the rail via a suitable carriage or other connector (not shown)” The examiner is interpreting that each curtain has a slider, therefore there is a first and second curtain slider.),
a second slider driving assembly (driving assemblies: Fig 11A and 11B. Belt assemblies are elements 1111 and 1112. Driving motor is element 1140. Column 21, line 35 “the curtains would be connected to the rail via a suitable carriage or other connector (not shown), which is in turn coupled to a corresponding one of the belts 1111, 1112, so that movement of the belts allow the curtains to be opened or closed, thereby providing a doorway, which can be opened and closed using hands-free operation of a sensor or switch coupled to the motor” The examiner is interpreting the motor + belt assembly + slider make up the driving assembly.)
the first curtain slider is fixedly connected to the first curtain (sliders: Column 21 line 31 “the curtains would be connected to the rail via a suitable carriage or other connector (not shown)” The first connector attaches the first curtain to the driving frame; therefore, they are fixedly connected to the first curtain.)
the first slider driving assembly is configured to drive the first curtain slider to move along the first driving frame (Column 21, line 34: “In this regard, the curtains would be connected to the rail via a suitable carriage or other connector (not shown), which is in turn coupled to a corresponding one of the belts 1111, 1112, so that movement of the belts allow the curtains to be opened or closed, thereby providing a doorway, which can be opened and closed using hands-free operation of a sensor or switch coupled to the motor.” Since the driving assembly is the belt, motor, and slider when this assembly is in operation the slider will move the curtain along the first driving frame with the belt and the motor.)
the second slider driving assembly is configured to drive the second curtain slider to move along the second driving frame (Column 21, line 34: “In this regard, the curtains would be connected to the rail via a suitable carriage or other connector (not shown), which is in turn coupled to a corresponding one of the belts 1111, 1112, so that movement of the belts allow the curtains to be opened or closed, thereby providing a doorway, which can be opened and closed using hands-free operation of a sensor or switch coupled to the motor.” Since the driving assembly is the belt, motor, and slider when this assembly is in operation the slider will move the curtain along the first driving frame with the belt and the motor.)
the second curtain slider is fixedly connected to the second curtain (sliders: Column 21 line 31 “the curtains would be connected to the rail via a suitable carriage or other connector (not shown)” The second connector attaches the second curtain to the driving frame; therefore, they are fixedly connected to the second curtain.)
Ballantyne and Mintie fail to teach a first zipper is provided between a top of the first curtain and a surface adjacent to the top of the first curtain, a second zipper is provided between a top of the second curtain and a surface adjacent to the top of the second curtain.
However, Tseng teaches a tent assembly with a first zipper is provided between a top of the first curtain and a surface adjacent to the top of the first curtain, a second zipper is provided between a top of the second curtain and a surface adjacent to the top of the second curtain. (Paragraph [0019]: “A fastening unit 5 is provided to connect detachably the top ends of the curtain members 41 to the peripheral end 220 of the fabric cover 22. In this embodiment, the fastening unit 5 includes two zippers 51.” The examiner is interpreting this modification as each curtain and zipper driving assemblies taught in Ballantyne and Mintie would be modified to have the first and second zippers on the first and second driving frame (top of the first and second curtains connecting both the first and second curtains to an adjacent surface). This would provide a first zipper is provided between a top of the first curtain and a surface adjacent to the top of the first curtain and a second zipper is provided between a top of the second curtain and a surface adjacent to the top of the second curtain.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the first and second curtains taught by Ballantyne and Mintie to have a zipper closure at the top of the curtains as taught in Tseng. One of ordinary skill in the art would have been able to recognize that combining prior art elements would yield the predictable results of additional protection and isolation of the user inside the claimed device. The zipper closures at the top of each curtain would allow the user to further secure the curtains for safety and privacy.
However, Ballantyne, Mintie, and Tseng fail to teach that the first zipper driving assembly is configured to drive the first zipper closure to move along the first driving frame, the first zipper closure is fixedly connected to a zipper pull of the first zipper, the second zipper driving assembly is configured to drive the second zipper closure to move along the second driving frame, and the second zipper closure is fixedly connected to a zipper head of the second zipper.
Liu teaches a tent zipper control system that has
a first zipper driving assembly configured to drive the first zip closure to move along the first driving frame (Figure 2. Elements 11 and 21 are the zipper driving assemblies.)
the first zipper closure is fixedly connected to a zipper pull of the first zipper (Figure 2. Element 90 is the zipper closure. Element 92 is the zipper pull. The figure shows that the zipper closure is fixedly connected to the zipper pull.)
the second zipper driving assembly is configured to drive the second zipper closure to move along the second driving frame (Figure 2. Elements 11 and 21 are the zipper driving assemblies.)
and the second zipper closure is fixedly connected to a zipper head of the second zipper. (Figure 2. Element 90 is the zipper closure. Element 92 is the zipper pull. The figure shows that the zipper closure is fixedly connected to the zipper pull.)
The examiner is interpreting that each curtain will be modified with a driver assembly on each side of the first and second curtain to move the zipper closure along the driving frame in either direction.
It would be prima facie obvious before the effective filing date to modify the curtains taught by Ballantyne, Mintie, and Tseng to have zipper driving assemblies to allow a user to automatically open and close the zipper using preset instructions or remotely as well as preventing zipper damage. See background section of Liu. Providing an automatic zipper closure further allows for hands free operation of the curtain door of Ballantyne (col. 8 lines 52-55).
Regarding claim 18, Ballantyne in view of Mintie teaches the driving mechanism of claim 11 but fails to teach that the driving mechanism comprises an electric zipper provided between the curtain and other surfaces.
However, Ballantyne and Mintie fail to teach an electric zipper provided between the curtain and other surfaces.
Tseng teaches a tent assembly with a first and second zipper provided on the top of the curtains. (Paragraph [0019]: “A fastening unit 5 is provided to connect detachably the top ends of the curtain members 41 to the peripheral end 220 of the fabric cover 22. In this embodiment, the fastening unit 5 includes two zippers 51.” The examiner is interpreting this modification as each curtain and zipper driving assemblies taught in Ballantyne and Mintie would be modified to have the first and second zippers on the first and second driving frame (top of the first and second curtains). Therefore, the electric zipper system would be provided between the curtain and the top surface of the tent.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the first and second curtains taught by Ballantyne and Mintie to have a zipper closure at the top of the curtains as taught in Tseng. One of ordinary skill in the art would have been able to recognize that combining prior art elements would yield the predictable results of additional protection and isolation of the user inside the claimed device. The zipper closures at the top of each curtain would allow the user to further secure the curtains for safety and privacy.
However, Ballantyne and Mintie in view of Tseng fail to teach wherein the zipper is an electric zipper.
Liu teaches a tent electric zipper system (Figure 2. Elements 11 and 21 are the zipper driving assemblies. Element 90 is the zipper closure. Element 92 is the zipper pull. The examiner is interpreting that the curtains would be modified to have a zipper system on each side of the curtain. Additionally, since the zipper system taught in Liu is connected to a motor, the examiner is interpreting this as an “electric” zipper system.)
It would be prima facie obvious before the effective filing date to modify the curtains taught by Ballantyne, Mintie, and Tseng to have an electric zipper system taught by Liu to allow a user to automatically open and close the zipper using preset instructions or remotely as well as preventing zipper damage. See background section of Liu. Providing an automatic zipper closure further allows for hands free operation of the curtain door of Ballantyne (col. 8 lines 52-55).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 0619108 teaches an enclosure for isolating patients comprising a frame and a tarpaulin body hanging in the frame.
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/A.L.D./Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791