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
Claim 13 is objected to because of the following informalities:
Clm 13: “the X-shaped foldable supports” lack antecedent basis. Examiner notes that a plurality of foldable supports is set forth, but “X-shaped” has not been set forth.
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 2, 8-12, and 15-20 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.
Re Clms 2, 8-12, 15, and 18-20: These claims recite a “non-deformable cloth” or “non-deformable material”. It is unclear as to how a cloth is “non-deformable”. Examiner notes the specification discloses “such as oxford cloth that has low elasticity, light texture, and soft touch”. Cloth is known to deform and take different shapes depending on how it is arranged. Examiner notes that “non-deformable” would appear to be a rigid material that is unable to change form (shape). Examiner suggests amending to language that is clear as to what is actually intended to be claimed.
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 (i.e., changing from AIA to pre-AIA ) 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 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flannery et al. (US 10194755).
Re Clm 1: Flannery et al. disclose a foldable pet fence, comprising: a frame (12) comprising a plurality of foldable supports (18) hinged in sequence (both scissoring and hinged to each other), and a fabric (14) supported on the frame; wherein the fabric comprises a main body (main structure), a plurality of upper connecting members (pins 72 or junctions 34), and a plurality of lower connecting members (strap 44, 52, 58 with various known connection techniques as shown in figs 7a-11a), and the plurality of upper connecting members and the plurality of lower connecting members are configured to detachably connect the fabric to the frame (as shown).
Re Clm 2 (as best understood): Flannery et al. disclose wherein the main body comprises a deformable segment (mesh) and a non-deformable segment (reinforced material), the non-deformable segment comprises n pieces of non-deformable cloth, and n is a positive integer. As best understood, Examiner notes that Flannery et al. disclose including “peripheral reinforcement material” that is a non-see-through fabric material. This fabric is taken to be the non-deformable material.
Re Clm 3: Flannery et al. disclose the fabric is supported on an inner side of the frame (see fig 1).
Re Clm 4: Flannery et al. disclose wherein the plurality of foldable supports are a plurality of X-shaped foldable supports (x-bracing of supports 18), the plurality of upper connecting members is configured to detachably connect the main body to an upper hinge joint of adjacent X-shaped foldable supports (top hinged areas around 34), and the plurality of lower connecting members is configured to detachably connect the main body to a lower hinge joint (bottom hinged areas at 36) of adjacent X-shaped foldable supports.
Re Clm 5: Flannery et al. disclose wherein the fabric further comprises a plurality of middle connecting members (24) configured to detachably connect the main body to an intersection of each of the X-shaped foldable supports.
Re Clm 6: Flannery et al. disclose wherein the plurality of foldable supports are a plurality of X-shaped foldable supports; each of the X-shaped foldable supports comprises a first rod (18) and a second rod (crossing rod 18) intersected to form an X-shaped configuration (see x-configuration), each of the first rod and the second rod comprises an upper end and a lower end (see figs); the upper end of the first rod of a first X-shaped foldable support of the plurality of X-shaped foldable supports is connected to the upper end of the second rod of a second X-shaped foldable support of the plurality of X-shaped foldable supports through a first upper hinge member (at 34), and the upper end of the second rod of the first X-shaped foldable support is connected to the upper end of the first rod of a third X-shaped foldable support (adjacent X-shaped support) of the plurality of X-shaped foldable supports through a second upper hinge member, both the second X-shaped foldable support and the third X-shaped foldable support are adjacent to the first X-shaped foldable support (see figs); the lower end of the first rod of the first X-shaped foldable support is connected to the lower end of the second rod of the third X-shaped foldable support through a first lower hinge member (hinged area at bottom 36), and the lower end of the second rod of the first X-shaped foldable support is connected to the lower end of the first rod of the second adjacent X-shaped foldable support through a second lower hinge member (adjacent lower hinge area).
Re Clm 7: Flannery et al. disclose wherein each of the first upper hinge member, the second upper hinge member, the first lower hinge member, and the second lower hinge member comprises (see fig 7c) a first hinge rod (left rod), a second hinge rod (right rod), and a hinge pin shaft (108); the first hinge rod is provided with a slot (outside members with slot in middle), the second hinge rod is provided with an insertion block (middle section), and the insertion block is configured to be inserted into the slot; a side of the slot is provided with a through hole in a penetrating manner, and a side of the insertion block is provided with a through hole in a penetrating manner, when the insertion block is inserted into the slot, the through hole of the slot and the through hole of the insertion block completely overlap each other to allow the hinge pin shaft to be inserted therein, so that the first hinge rod and the second hinge rod are rotatably connected (as described and shown in fig 7c).
Re Clm 8 (as best understood): Flannery et al. disclose wherein the plurality of upper connecting members comprises first upper connecting members (34 and 72) and second upper connecting members (adjacent ones of 34 and 72), and the plurality of lower connecting members comprises first lower connecting members (36)and second tower connecting members (adjacent ones of 36); the first upper connecting members and the first lower connecting members are fixed on the non-deformable segment, and the second upper connecting members and the second lower connecting members are fixed on the deformable segment (as shown).
Re Clm 9 (as best understood): Flannery et al. disclose wherein each of the first upper connecting members comprises a first non-deformable cloth strip (44), a second non-deformable cloth strip (52), a buckle (see any one of embodiments in figs 7a-11a), and a fixing element (Velcro @ 66 and 68), the first non-deformable cloth strip is configured to secure the buckle at an upper end of the main body, the second non-deformable cloth strip comprises a fixed end integrally formed at the upper end of the main body and a free end detachably connected to the non-deformable segment, the fixing element is fixedly provided on the non-deformable segment (see figs 2a-2b, and figs 7a-11a).
Re Clm 10 (as best understood): Flannery et al. disclose wherein each of the second upper connecting members comprises a third non-deformable cloth strip and a fourth non-deformable cloth strip (adjacent cloth strips from first and second), the third non-deformable cloth strip comprises a fixed end integrally formed at an upper end of the main body and a free end, the fourth non-deformable cloth strip comprises a fixed end integrally formed at the upper end of the main body and a free end, the free end of the third non-deformable cloth strip and the free end of the fourth non-deformable cloth strip is detachably connected (see cloth strip connectors in figs 2a-2b and figs 7a-11a).
Re Clm 11 (as best understood): Flannery et al. disclose wherein each of the plurality of lower connecting members is fixedly formed at a lower end of the main body (at bottom area of 36), and each of the first lower connecting members and second lower connecting members is a non-deformable cloth pocket for receiving a hinge joint of lower ends of adjacent X-shaped foldable supports (as shown).
Re Clm 12 (as best understood): Flannery et al. disclose wherein a number of the first upper connecting members is equal to a number of the non-deformable cloth, a number of the first lower connecting members is equal to the number of the non-deformable cloth, and a total number of the first lower connecting members and the second lower connecting members is equal to a number of the X-shaped foldable supports (as best understood, as shown and disclosed).
Re Clm 13: Flannery et al. disclose wherein a number of the X-shaped foldable supports is four or six (shown as 6 support sections).
Re Clm 14: Flannery et al. disclose wherein the plurality of foldable supports are a plurality of X-shaped foldable supports (as shown), the plurality of upper connecting members is configured to detachably connect the main body to a lower hinge joint of adjacent X-shaped foldable supports, and the plurality of lower connecting members is configured to detachably connect the main body to an upper hinge joint of adjacent X-shaped foldable supports (see figs).
Re Clm 15 (as best understood): Flannery et al. disclose a foldable pet fence (fig 1), comprising: a frame (12) comprising a plurality of foldable supports (18) hinged in sequence (as shown at 34 and 36), and a fabric (14) supported on the frame; wherein the fabric comprises at least one non-deformable segment (reinforced material section) and a plurality of connecting members for detachably securing the fabric to the frame (pins 72, junctions 34 and 36). As best understood, Examiner notes that Flannery et al. disclose including “peripheral reinforcement material” that is a non-see-through fabric material. This fabric is taken to be the non-deformable material.
Re Clm 16: Flannery et al. disclose wherein the plurality of foldable supports are a plurality of X-shaped foldable supports (18, see x-configuration).
Re Clm 17: Flannery et al. disclose wherein the fabric is supported on an inner side of the frame (see fig 1).
Re Clm 18 (as best understood): Flannery et al. disclose wherein the non-deformable segment comprises n pieces of non-deformable cloth, and n is a positive integer (as shown).
Re Clm 19 (as best understood): Flannery et al. disclose wherein each of the plurality of connecting members is made of a non-deformable material (areas at pin 72 and connection areas 34 and 36 are non-deformable materials).
Re Clm 20 (as best understood): Flannery et al. disclose wherein at least one of the plurality of connecting members is arranged on the non-deformable segment (as shown).
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 JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678