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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The references cited in the PCT international search report by the International Searching Authority have been considered, but will not be listed on any patent resulting from this application because they were not provided on a separate list in compliance with 37 CFR 1.98(a)(1). In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
In the present case, the length of the abstract exceeds 150 words.
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.
Claim 1 is 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.
The claims are replete with examples of indefiniteness and grammatical issues rending the claims unclear, the examples below are non-limiting examples only - the Applicant must review and amend all claims for clarity, definiteness, and grammatical accuracy as not all instances have been pointed out due to the numerous issues.
Claim 1 recites “of which at least one is a slidable frame” and then later refers to “the slidable frame.” If at least one is a slidable frame, it is unclear which frame is referred to in the recitation “the slidable frame.” It is unclear if the claim should refer to --the at least one slidable frame-- or to a specific slidable frame and if the claim requires only one slidable frame.
Claim 1 recites the limitation "the other end" in several places in the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “one end part in the X-axis direction of both of the side walls” and “the other end parts in the X-axis direction of both of the side walls.” It is unclear what defines “the other end parts” as the recitation implies that the claim previously set forth for two end parts, but that claim fails to do so, therefore it is unclear what part is “the other end parts.” If the side walls only have two end parts, the claim should clearly define this.
Claim 1 recites “the first guide is formed by connecting a plurality of first guide units, each of the first guide units includes a pair of side walls disposed opposite to each other in the Y-axis direction when the first guide is drawn from the inside of the slidable frame and a bottom wall connecting both of the side walls”. It is unclear what is intended by this recitation.
Regarding claim 1, the phrase "needle-like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "needle-like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
In claim 1, “a longitudinal base” is introduced. “a base” is introduced shortly thereafter. It is unclear as to which base later recitations of “the base” refer. Please clarify.
In view of the 112 issues, the claims have been examined as best understood.
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.
(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent Application Publication EP 3 396 101 A1 – Nappo et al., hereinafter Nappo.
Regarding claim 1.
Nappo discloses a screen apparatus (1, fig 1), comprising,
- a screen (6, fig 2a) that can be freely expanded and stored;
- on a premise that an expansion (d1, fig 1) and storage direction (d2, fig 1) of the screen is defined as an X-axis direction (d1 and d2, fig 1) in orthogonal three axes including the X-axis (d1 and d2, fig 1), a Y-axis, and a Z-axis (vertical axis R in fig 1), a pair of frames consisting of a first frame (5, fig 1) and a second frame (4, fig 1), at least one of which is a slidable frame (4, fig 1) in the X-axis direction (d1 and d2, fig 1), which are longitudinal in the Z-axis direction (See fig 1) and hollow (See figs 4a and 5a), and which are disposed opposite to each other in the X-axis direction (See fig 1);
- a first guide (8, fig 1) and a second guide (13, fig 1) each of which has a free end at an end (at 25a and 25b, fig 1), and which are drawn from an inside of the slidable frame (4, fig 1) when the slidable frame is slid to one side (d1, fig 1) in the X-axis direction and are stored in the inside of the slidable frame when the slidable frame is slid to the other side (d2, fig 1) in the X-axis direction; and
- a tension member (24, fig 1) that is stored in the inside of the slidable frame (See fig 1) and connects the free ends of the first guide and the second guide (at 24a and 24b, fig 1), wherein one end in the X-axis direction of the screen (6, fig 2a) is fixed to the first frame (at 6b,fig 1) and the other end in the X-axis direction of the screen (6, fig 2a) is fixed to the second frame (at 6a, fig 1),
a portion of the first guide (8, fig 1), which is drawn from the inside of the slidable frame (4, fig 1), is configured to extend linearly in the X-axis direction between one end portions in the Z-axis direction of the pair of the frames (See fig 1), and a portion of the second guide, which is drawn from the inside of the slidable frame, is configured to extend linearly in the X-axis direction between the other end portions in the Z-axis direction of the pair of the frames (See fig 1), wherein
the first guide (8, fig 1) is formed by connecting a plurality of first guide units (8a, fig 1), each of the first guide units includes a pair of side walls (9a and 9b, fig 2a) disposed opposite to each other in the Y-axis direction (See fig 2a) when the first guide is drawn from the inside of the slidable frame and a bottom wall (12, fig 2a) connecting both of the side walls, one of two adjacent first guide units is pivotally supported by the other, whereby the first guide not only bends to the other side in the Z-axis direction but also maintains linearity in the X-axis direction (See fig 4d), and
one end portion in the Z-axis direction of the expanded screen (at 6c, fig 1) is inserted between both of the side walls of each of the first guide units in the portion of the first guide (See fig 2a), which is drawn from the inside of the slidable frame (see fig 4d), wherein
a pair of pins (See annotated fig 2b) directing outward in the opposite direction of both of the side walls are provided at one end part in the X-axis direction of both of the side walls of each of the first guide units and a pair of openings (See annotated fig 2c) are opened in the other end parts in the X-axis direction of both of the side walls of each of the first guide units, the two adjacent first guide units are connected by causing each of the pins of the other of the first guide units to loosely fit in each of the openings of one of the first guide units, both of the pins form a pivot, and each of the first guide unit is pivotally movable (See figs 2c and 4d) , wherein
a rail part (bottom lip of 10, fig 2a) is provided at inner side parts in the opposite direction of both of the side walls of each of the first guide units (See fig 2a), the rail part extends along an imaginary line that connects a pivot center of each of the first guide units in a connecting direction (See fig 2a), and a supporting piece (top lip of 10, at 10b, fig 2a) protruding inward in the opposite direction of both of the side walls is provided at end edge parts of both of the side walls (see fig 2a), which are disposed further from the bottom wall than the rail parts in the Z-axis direction (See fig 2a), wherein
a screen retaining member (11, fig 2b) in which a plurality of needle-like parts (See fig 2a) aligned at a distance (See fig 2a) are attached to a longitudinal base (11a, fig 2a) that is bendable in a pivotal moving direction of each of the first guide units (See fig 4d) is detachably attached to an inner side of the opposite direction of both of the side walls of each of the first guide units (See fig 2a), in an attached state of each of the screen retaining members, a base (11a, fig 2a) is supported between each of the rail parts and each of the supporting pieces of each of the first guide units (at 10, fig 2a), and
all of the needle-like parts protrude inward in the opposite direction of both of the side walls of each of the first guide units (See fig 2a), and wherein when the first guide is drawn to the other side in the X-axis direction accompanying sliding to one side in the X-axis direction of the slidable frame (See fig 1), the needle- like parts of each of the screen retaining members stab the one end portion in the Z-axis direction of the screen (Paragraph [0034]; the brushes 11 are configured for locking the lower end 6c of the mesh 6, bending slightly upwards. Preferably, the brushes 11 bend with a slight rotation such that the brushes 11 are able to accompany at least partly the mesh 6 in its movement of deviation from the sliding plane "S" and then stop and couple partly with the mesh 6.), which is inserted between both of the side walls of each of the first guide units in the drawn portion of the first guide (See fig 2a), and
it is impossible for the screen to slip out of the drawn portion of the first guide (See paragraph [0034]), and when the first guide is stored in the inside of the slidable frame accompanying sliding to the other side in the X-axis direction of the slidable frame, the needle-like parts of each of the screen retaining members slip out of the one end portion in the Z-axis direction of the screen (Paragraph [0034]; The partial coupling is such that the mesh 6, returning to its position lying in the sliding plane "S" at the end of the event which has led to the escape, is able to disconnect from the brushes 11.), wherein:
a longitudinal adjuster (22, fig 4c and 4d) that forms the free end of the first guide, to which a weight (Paragraph [0047]; Preferably, the first inner guide 22 comprises a counterweight made of metal) is attached, and which moves in the inside of the slidable frame in the Z-axis direction (See fig 4c) is connected to the first guide unit that is positioned at the other end in the Z-axis direction of the first guide when the first guide is stored in the inside of the slidable frame (See fig 4d),
a pair of hollow first stoppers (wings of 25a, fig 1) opposing to each other in the Y-axis direction are provided at an end part to which the first guide unit is connected (See fig 1) in the adjuster (See fig 4d), each of the first stoppers has an open end at one side of the first guide unit and a closed end at an opposite side in the longitudinal direction of the adjuster to the open end (See fig 1), and a linear notch (at 24a in fig 1) is formed on an extension line of the rail part of the first guide unit to which the adjuster is connected at each of inner side surfaces in an opposite direction of both of the first stoppers (See fig 1),
a stopping unit (See annotated fig 1) is connected to the first guide unit that exists at a position corresponding to the other end in the X-axis direction in the drawn portion of the first guide when the first guide is drawn from the inside of the slidable frame (See fig 1), and the stopping unit is the same as the first guide unit except that the supporting piece is removed and a second stopper extending from each of the rail parts to the other end in the Z-axis direction of each of the side walls is provided at an end connected to the first guide unit (See figs 1 and 4d),
in an attached state of each of the screen retaining members (11, fig 2b), one end portion in a longitudinal direction of the base of each of the screen retaining members is configured to be inserted into an inside of each of the first stoppers (See at 25a in fig 1) of the adjuster and to come into contact with the closed end of each of the first stoppers (See fig 1), the other end in the longitudinal direction of the base of each of the screen retaining members is configured to come into contact with each of the second stoppers of the stopping unit (See figs 1, 2c, and 4d), and the needle-like parts are configured to protrude inwardly (See fig 2a) in the opposite direction of both of the first stoppers through the notch and not to come into contact with each of the second stoppers at a portion of each of the screen retaining members of which the base (11a, fig 2a) is inserted into the inside of each of the first stoppers (See fig 2a).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN W HANES JR whose telephone number is (571)272-8840. The examiner can normally be reached M-F 8-5 EST.
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/J.W.H./ Examiner, Art Unit 3634 /DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634