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 .
Status of the Claims
Claims 1-12 are pending in the application.
Abstract
The Abstract is objected to for the following informalities:
The first clause of the Abstract should be amended as follows:
--A removable privacy screen, comprising: a frame, the frame comprising a plurality of frame support members, each of the frame support members coupled to another of the frame support members via a connection member to form the frame and define a perimeter for the frame;--
Specification
The disclosure is objected to because of the following informalities: Appropriate correction is required.
In line 4 of parag. [0028] on page 6 of the original disclosure, “therethough” should be replaced with --therethrough--.
Drawings
The Drawings are objected to for the following informalities:
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 following elements must be shown or the feature(s) canceled from the claim(s) (No new matter should be entered):
The “frame” having a “greater thickness than the panel” of claim 1;
The “third portion for each of the removable fasteners” and the “alternate surface” of claim 5; and
The “visual feature” of claims 9 and 10.
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 1 and 9 are objected to because of the following informalities: Appropriate correction is required.
Re Claim 1: Lines 2-4 of claim 1 should be amended as follows:
--a frame, the frame comprising a plurality of frame support members, each of the frame support members coupled to another of the frame support members to form the frame and define a perimeter for the frame;--
Re Claim 9: Claim 9 should be amended as follows:
-- 9. The screen of claim 1, wherein the panel further comprises a visual feature imprinted on at least [[of]] one side of the panel.--
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, 4, and 12 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 Claim 2: Claim 2 recites the limitation "one of the connection members" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret claim 2 as follows:
--2. The screen of claim 1, further comprising a plurality of connection members, wherein each of the plurality of removable fasteners is secured to the frame at a location proximate to one of the connection members.--
Clarification and correction are required.
Re Claim 4: Claim 4 recites the limitation “wherein the panel is comprised of a micropore material which permits air to pass through the panel” (emphasis added). It is not clear exactly what material proper fit into the category of “micropore material”. No particular limitations have been set forth in the claims (or even in the disclosure as a whole) to define how small the holes in a material must be in order to be considered a “micropore material”. Thus, the metes and bounds of the claim cannot be determined.
While the instant Specification does not provide an explicit definition for the term “micropore material”, parag. [0029] does state that “the panel 10 is manufactured … so as to permit airflow therethrough. The latter can be accomplished through minute holes invisible to the eye but sufficient to allow air to pass through the membrane, such as through use of a micropore material.”
Given this disclosure concerning the “micropore material”, for examination purposes and for this Office Action only, the Examiner will interpret the limitation “micropore material” to mean a material that comprises holes small enough such that the panel remains opaque to visible light but that allows airflow therethrough.
Clarification and correction are required.
Re Claim 12: Claim 12 recites the limitation "the connection members" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret claim 2 as follows:
--12. The screen of claim 1, further comprising a plurality of connection members, wherein the connection members are formed from two segments contiguously formed at a ninety-degree angle.--
Clarification and correction are required.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
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 1-2, and 6-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richter (US Patent 5,722,477).
Re Claim 1: Richter discloses a removable privacy screen, comprising:
a frame (3), the frame comprising a plurality of frame support members (2), each of the frame support members coupled to another of the frame support member to form the frame and define a perimeter for the frame;
a panel (4), the panel secured to and disposed within the frame, the panel being opaque (i.e., “reflective”) to visible light (“Panels 4 can be … reflective materials or can be made of fabric (vinyl, cloth, etc.) of various colors, shapes and designs”; see Col. 4 lines 9-11);
a plurality of removable fasteners (double claw pipe connector 155; see Fig. 11 and annotated Fig. 1B below), each removable fastener comprising a first portion (159; Fig. 22) and a second portion (160), with the first portion (159) of each removable fastener secured to the frame (for example, as shown for the pipe 2 of one frame 3), and the second portion (160) of each removable fastener securable to a surface (for example, as shown for the pipe 2 of another frame 3) separate from the frame;
wherein the frame (3) is of a greater thickness (see Fig. 2) than the panel (4), and
wherein the number (note that four removable fasteners are shown for each frame member 3; see annotated Fig. 1B below) of removable fasteners (155) is at least equal to the number of frame support members (note that there are four pipes 2 comprising each frame 3).
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Re Claim 2, as best understood by the Examiner: Richter discloses a removable privacy screen, further comprising a plurality of connection members (9; see Fig. 8), wherein each of the plurality of removable fasteners (155) is secured to the frame at a location (i.e. near each corner of the frames 3) proximate to one of the connection members.
Re Claim 6: Richter discloses a removable privacy screen, wherein the panel (4) is removably secured (for example, via Velcro strips 7; Fig. 2) to the frame (3).
Re Claim 7: Richter discloses a removable privacy screen, wherein the panel (4) further comprises one or more cutouts (the space between Velcro strips 7, particularly in the corner of each frame 3; see annotated Fig. 2 above) in the panel (4) such that the cutouts are positioned with respect to the frame (3) in alignment with corresponding first portions of the fasteners (see annotated Fig. 1B above, showing a removable fastener in each corner of the frame 3).
Re Claim 8: Richter discloses a removable privacy screen, wherein the panel (4) is manufactured from a washable material (for example, “ fabric (vinyl, cloth, etc.)”; see col. 4 lines 9-12).
Re Claim 9: Richter discloses a removable privacy screen, wherein the panel further comprises a visual feature (for example, “various colors, shapes and designs”; see col. 4 lines 9-12) imprinted on at least of side of the panel (4).
Re Claim 10: Richter discloses a removable privacy screen, wherein the visual feature comprises one or more of: a color, a graphic and an indicia (for example, “various colors, shapes and designs”; see col. 4 lines 9-12).
Re Claim 11: Richter discloses a removable privacy screen, wherein the panel (4) is rectangular in shape (see Fig. 1B).
Re Claim 12, as best understood by the Examiner: Richter discloses a removable privacy screen, further comprising a plurality of connection members (9; see Fig. 8), wherein the connection members are formed from two segments (9, 9) contiguously formed at a ninety-degree angle (see Fig. 8).
Claims 1-3, 8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Setzer (US Patent 7,216,381).
Re Claim 1: Setzer discloses a removable privacy screen, comprising:
a frame (22, 40), the frame comprising a plurality of frame support members (24, 26, 28, 30), each of the frame support members coupled to another of the frame support member to form the frame and define a perimeter for the frame;
a panel (32), the panel secured to and disposed within the frame, the panel being opaque to visible light (“the side and end panels includes an opaque material that affords privacy to a person lying within the enclosure”; see Col. 1 lines 66-67);
a plurality of removable fasteners (60), each removable fastener comprising a first portion (61; Fig. 4) and a second portion (63), with the first portion (61) of each removable fastener secured to the frame (for example, as shown for the frame of side panel 14 in Fig. 4), and the second portion (63) of each removable fastener securable to a surface (for example, as shown for the frame of end panel 36) separate from the frame;
wherein the frame (22, 40) is of a greater thickness (see Fig. 1, shown shows the frame members, with the material of each panel covering only a front side of the frames) than the panel (32), and
wherein the number (note that four hook and loop fasteners 60 are shown for each frame member) of removable fasteners (60) is at least equal to the number of frame support members (24, 26, 28, 30).
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Re Claim 2, as best understood by the Examiner: Setzer discloses a removable privacy screen, further comprising a plurality of connection members (23), wherein each of the plurality of removable fasteners (60) is secured to the frame at a location (i.e. near each corner of the frames) proximate to one of the connection members (23).
Re Claim 3: Setzer discloses a removable privacy screen, wherein the removable fasteners (60) comprise hook-and- loop fasteners (60), with each first portion (61) being one of a hook and a loop and each second portion (63) being an other of a hook and a loop.
Re Claim 8: Setzer discloses a removable privacy screen, wherein the panel (32) is manufactured from a washable material (for example, canvas; “Canvas, wire mesh or other opaque fabric screening material 32 is mounted to each frame 22.”; see Col. 2 lines 65-67).
Re Claim 11: Setzer discloses a removable privacy screen, wherein the panel (32) is rectangular in shape (see Fig. 1).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Richter (US Patent 5,722,477), as applied to claims 1-2, and 6-12 above, and further in view of Setzer (US Patent 7,216,381).
Re Claim 3: Richter, as discussed for claim 1 above, discloses a screen significantly as claimed except wherein the removable fasteners comprise hook-and- loop fasteners, with each first portion being one of a hook and a loop and each second portion being an other of a hook and a loop.
Setzer teaches the use of a removable privacy screen, comprising a frame (22, 40), the frame comprising a plurality of frame support members (24, 26, 28, 30); a panel (32); a plurality of removable fasteners (60), each removable fastener comprising a first portion (61; Fig. 4) and a second portion (63), with the first portion (61) of each removable fastener secured to the frame (for example, as shown for the frame of side panel 14 in Fig. 4), and the second portion (63) of each removable fastener securable to a surface (for example, as shown for the frame of end panel 36) separate from the frame; and further wherein the removable fasteners (60) comprise hook-and- loop fasteners (60), with each first portion (61) being one of a hook and a loop and each second portion (63) being an other of a hook and a loop, for the purpose of quickly and easily securing the frame to another surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Richter, with a reasonable expectation of success, such that the removable fasteners comprise hook-and- loop fasteners, with each first portion being one of a hook and a loop and each second portion being an other of a hook and a loop, as taught by Setzer, for the purpose of quickly and easily securing the frame to another surface.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Richter (US Patent 5,722,477), as applied to claims 1-2, and 6-12 above, and further in view of Neer (US Patent 5,680,893).
Re Claim 4, as best understood by the Examiner: Richter, as discussed for claim 1 above, discloses a screen significantly as claimed except it does not explicitly disclose wherein the panel is comprised of a micropore material which permits air to pass through the panel.
Neer teaches the use if a removable privacy screen comprising a frame (2, 4, 17; Fig. 1) and a panel (1), and further wherein the panel (1) is comprised of a micropore material (“a substantially "open" weave pattern of a suitable fiber such as nylon (for instance a 70 denier nylon Raschel knit substrate having a mesh size of approximately 1/10 to 1/30 inch opening)”; see Col. 5 lines 3-6) which permits air to pass through the panel, for the purpose of providing a decorative privacy system while allowing a moderate amount of wind so as to avoid excessive stress on the panel material (“It is a further object to provide an artistic means and system to screen an outside area which will allow moderate wind, rain, or weather elements to pass through the screen without undo stress on the screen assembly framing, screen or attachment hardware”; see Col. 3 lines 52-55).
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Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Richter (US Patent 5,722,477), as applied to claims 1-2, and 6-12 above, and further in view of Maffet (US Patent 5,058,863).
Re Claim 5: Richter, as discussed for claim 1 above, discloses a screen significantly as claimed except for further comprising a third portion for each of the removable fasteners, each third portion being structurally equivalent to each second portion such that the first portion of each fasteners may alternatively be secured to the corresponding third portion on an alternate surface.
Maffet teaches the use of a removable panel device (see, for example, Fig. 6) comprising a frame (230); and a plurality of removable fasteners (360; Fig. 13), each removable fastener comprising a first portion (366) secured to the frame (230) and a second portion (362) secured to a surface (of frame 210) separate from the frame; and further comprising a third portion (370) for each of the removable fasteners (360), each third portion being structurally equivalent to each second portion such that the first portion of each fasteners may alternatively be secured to the corresponding third portion on an alternate surface (on frame 220), for the purpose of providing the ability for a three-way connection.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Richter, with a reasonable expectation of success, such that it further comprises a third portion for each of the removable fasteners, each third portion being structurally equivalent to each second portion such that the first portion of each fasteners may alternatively be secured to the corresponding third portion on an alternate surface, as taught by Maffet, or the purpose of providing the ability for a three-way connection.
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 MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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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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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678