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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 12/12/25 is acknowledged. The traversal is on the ground(s) that they have the same general inventive concept, they are not mutually exclusive, they are obvious variants and there is no serious burden. This is found persuasive for Groups I and II and therefore claims 1-18 are considered to be Grouped together as a single invention.
However the restriction between new Group I/II combined and Invention III is not persuasive. The product as claimed can be made by a materially different process and the process such as one where the first upper compartment plate is rotated upward, then the third upper compartment plate is mounted and the second upper compartment plate is rotated upward. The search for the product would not include a search for the process where the process would necessitate additional search such as employing different search queries for the specific method steps, and examination is not limited simply to search. In addition to the search, much of the examination is devoted to determining patentability of claims. Said determination requires the formulation of rejections and responding to applicant' s arguments with regard to same. The additional search and the determination of patentability for multiple, patentability distinct species would place serious burden on the examiner.
Thus the restriction requirement between new Group I/II (combined) and Group III is maintained. The requirement is still deemed proper and is therefore made FINAL.
Claims 19 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/12/25.
Claims 11-18 are no longer considered withdrawn as they are drawn to the elected invention I/II (combined as noted above). A response to this Office Action should include corrected status identifiers for those claims.
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(s) 1-4,6-8,11,14,15,17,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coulter (11052812) in view of Johnson (20180363318).
Claim 1.Coulter discloses an office soundproof compartment, wherein the compartment comprises
a lower compartment body (44), comprising a seat (any or all of 58,72,6812,20), telescoping columns (70,142, and/or the metal tubing as noted at col. 13, lines 41) and a plurality of lower compartment plates (60,62,64,66); the seat, the telescoping columns and the plurality of lower compartment plates are enclosed to form the lower compartment body with top opened and surrounding closed (as noted in the figures and disclosure);
an upper compartment body (46), comprising top plates (124) as seen in the figures) and a plurality of upper compartment plates (118,120,122); the top plates are connected to the telescoping columns and can move in synchronization with the telescoping columns (as noted at least at col. 13-14) and the top plates are maintained in extended or retracted state relative to the lower compartment body (as noted in the figures and disclosure);
one end of at least one of the upper compartment plates is connected to the lower compartment body (in the extended or retracted configuration as seen in the figures), and the other end is detachably connected with the top plate when the top plate is in extended state (as seen in the figures); when the top plates are in extended state, the top plates, the telescoping columns and all the upper compartment plates are enclosed to form the upper compartment body with lower end opened and surrounding closed (as noted in the figures and disclosure);
the bottom of the upper compartment body is connected to the top of the lower compartment body (as noted in the figures and disclosure); and
a compartment door (66), disposed on a sidewall of a same side of the upper compartment body and the lower compartment body for people to enter the compartment body (col. 9).
Coulter does not expressly disclose after the upper compartment plates are separated from the upper compartment body, the top plates and the fixed side plate move to the retracted state along with the telescoping columns.
Johnson discloses a collapsible enclosure having a lower compartment body and an upper compartment body, each with compartment plates. It would have been obvious at the time the invention was effectively filed to pursue known design options and modify the upper compartment plates of Coulter to be connected to the lower compartment body and other end detachably connected to the top plate when the top plate is in the extended state, and after the upper compartment plates are separated from the upper compartment body, the top plates can move to the retracted state along with the telescoping columns to achieve the predictable result of an easily and securely assembled and compactly stored and transported hunting blind where hinging from the bottom allows for easy and unobstructed opening for a hunter using the hunting blind.
Claim 2. The office soundproof compartment of claim 1, wherein the office soundproof compartment further comprises a lifting mechanism (140); the lifting mechanism comprises a first component (the lower end of the hydraulic system) and a second component (the upper end of 140) movable relative to the first component; the first component is connected to the lower compartment body and the second component is connected to the top plate to enable the top plate to move up and down along with the second component and the top plate is maintained in extended or retracted state relative to the lower compartment body (as noted at least at col. 13-14); the lifting mechanism is disposed inside the telescoping columns and the lifting mechanism can be movably disposed inside the upper compartment body and the lower compartment body (as noted in the figures and disclosure).
Claim 3. The office soundproof compartment of claim 2, wherein the office soundproof compartment further comprises a drive mechanism (the hydraulic system,138) which is connected to the top plate and is in transmission connection with the lifting mechanism to drive the lifting mechanism to move up and down (as noted in the disclosure).
Claim 4. The office soundproof compartment of claim 3, wherein there are a plurality of lifting mechanisms which are respectively disposed inside corresponding telescoping columns (as noted in the figures and disclosure); the first component is connected to the outer tube of the telescoping column and the second component is connected to the inner tube of the telescoping column to drive the inner tube of the telescoping column to move relative to the outer tube and make the telescoping column extend or retract (as noted in the disclosure at col.13).
Claims 6-8,17,18. Coulter discloses the office soundproof compartment of claims 1,11, but does not disclose wherein a lower end of at least one upper compartment plate of the upper compartment body is hinged to the top of the lower compartment body, and when the top plates are in extended state, the upper compartment plates are rotated upward to connect bottoms of the top plates;
wherein the lower ends of two upper compartment plates are hinged respectively to both sides of the top of the lower compartment body, and the two upper compartment plates are disposed at two opposed sides (claim 7) or both sides of the fixed side plate (claim 18) of the upper compartment body; or
wherein at least one movable lock plate capable of extending out of or retracting into the upper compartment plates hinged to the top of the lower compartment body is connected inside the upper compartment plates; when the upper compartment plate is rotated upward to connect with the bottom of the top plate, the lock plate may extend upward out of the upper compartment plate to fit with the top plate to fix the upper compartment plate.
Johnson discloses a collapsible compartment including lower and upper compartments each comprised of plates, where in a lower end of at least one upper compartment plate (any of 22,32,42,52) of the upper compartment body is hinged to the top of the lower compartment body, and when the top plates are in extended state, the upper compartment plates are rotated upward to connect bottoms of the top plates (as noted at least at paragraphs 0026-0031 and as seen in the figures);
wherein the lower ends of two upper compartment plates (any two of 22,32,42,52) are hinged respectively to both sides of the top of the lower compartment body, and the two upper compartment plates are disposed at two opposed sides (claim 7) or both sides of the fixed side plate (claim 18) of the upper compartment body (as noted at least at paragraphs 0026-0031 and as seen in the figures); or
wherein at least one movable lock plate (24) capable of extending out of or retracting into the upper compartment plates hinged to the top of the lower compartment body is connected inside the upper compartment plates; when the upper compartment plate is rotated upward to connect with the bottom of the top plate, the lock plate may extend upward out of the upper compartment plate to fit with the top plate to fix the upper compartment plate (paragraph 0031).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed pursue known options and modify the compartment of Coulter to have at least one, or at least two opposite compartment side plates hinged to the top of the lower compartment body and when the top plates are in the extended state the upper compartment plates are rotated upward to connect to bottoms of the top plates and a lock plate extending out to fix the upper compartment plate to the top plate, as presently claimed, to achieve the predictable result of an easily and securely assembled and compactly stored and transported hunting blind where hinging from the bottom allows for easy and unobstructed opening for a hunter using the hunting blind.
Claim 11. Coulter discloses an office soundproof compartment, wherein the compartment comprises:
a lower compartment body (44), comprising a seat (any or all of 58,72,6812,20), telescoping columns (70 and the metal tubing as noted at col. 13, lines 41) and a plurality of lower compartment plates (60,62,64,66); the seat, the telescoping columns and the plurality of lower compartment plates are enclosed to form the lower compartment body with top opened and surrounding closed (as seen in the figures and note din the disclosure);
an upper compartment body (46), comprising top plates (124), a fixed side plate (any of 118,120,122) and a plurality of upper compartment plates (any other of 118,120,122); the top plates are connected to the telescoping columns and move in synchronization with the telescoping columns and the top plates are maintained in extended or retracted state relative to the lower compartment body (as noted throughout the disclosure at least at col. 13-14); the fixed side plate is vertically disposed and connected to the top plate and is capable of extending out or retracting along with the top plate (as noted in the figures and disclosure); one end of at least one of the upper compartment plates is connected to the lower compartment body (as seen in the figures) and the other end is detachably connected to the top plate (as seen in the figures 13a-b) when the top plate is in extended state; when the top plates are in extended state, the top plates, the fixed side plate, the telescoping columns and all the upper compartment plates are enclosed to form the upper compartment body with lower end opened and surrounding closed (as seen in the figures and noted in the disclosure); the bottom of the upper compartment body is connected to the top of the lower compartment body; and; a compartment door (66), disposed on a sidewall of a same side of the upper compartment body and the lower compartment body for people to enter the compartment body (as seen in the figures).
Coulter does not expressly disclose after the upper compartment plates are separated from the upper compartment body, the top plates and the fixed side plate move to the retracted state along with the telescoping columns.
Johnson discloses a collapsible enclosure having a lower compartment body and an upper compartment body, each with compartment plates. It would have been obvious at the time the invention was effectively filed to pursue known design options and modify the upper compartment plates of Coulter to be connected to the lower compartment body and other end detachably connected to the top plate when the top plate is in the extended state, and after the upper compartment plates are separated from the upper compartment body, the top plates and the fixed side plate move to the retracted state along with the telescoping columns to achieve the predictable result of an easily and securely assembled and compactly stored and transported hunting blind where hinging from the bottom allows for easy and unobstructed opening for a hunter using the hunting blind.
Claim 14. The office soundproof compartment of claim 11, wherein the office soundproof compartment further comprises a lifting mechanism (140); the lifting mechanism comprises a first component (the lower end of the hydraulic system) and a second component (the upper end of 140) movable relative to the first component; the first component is connected to the lower compartment body and the second component is connected to the top plate to enable the top plate to move up and down along with the second component and thus the top plate is maintained in extended or retracted state relative to the lower compartment body (as noted in col 13-14); the lifting mechanism is disposed inside the telescoping columns, or the lifting mechanism can be movably disposed inside the upper compartment body and the lower compartment body.
Claim 15. The office soundproof compartment of claim 14, wherein the office soundproof compartment further comprises a drive mechanism (they hydraulic system 138) which is connected to the top plate and is in transmission connection with the lifting mechanism to drive the lifting mechanism to move up and down (as noted in the disclosure).
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(s) 5,9-10,16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coulter (11052812) in view of Johnson (20180363318) and further in view of Morrow (6712414).
Claim 5,16. Coulter in view of Johnson disclose the office soundproof compartment of claims 4,15 as above wherein there are four lifting mechanisms and four telescoping columns (as seen in the figures), and the four telescoping columns are respectively connected to four corners of the lower compartment body while connected to the top plates respectively; each of which is in transmission connection with two lifting mechanisms; or the drive mechanism comprises one drive motor which is in transmission connection with the four lifting mechanisms.
Coulter does not expressly disclose the drive mechanism comprises one or two drive motors, but does disclose four lifting mechanisms.
Morrow discloses that it is known in the art to use hydraulic cylinders communicating with a motor to drive the fluid and pumps where one drive motor is in transmission with four lifting mechanism (col. 4, lines 1-10). Accordingly, it would have been obvious to one of ordinary skill at the time the invention was filed to pursue known design options and modify Coulter to one drive motor which is in transmission connection with the four lifting mechanism to achieve the predictable result of simultaneously lifting the corners of the upper compartment allowing a single user to lift the compartment seamlessly.
Claim 9. The office soundproof compartment of claim 5, wherein the upper compartment body further comprises support plates (142) in one-to-one correspondence with the telescoping columns; when the telescoping columns are in extended state, the support plates are correspondingly wrapped on the telescoping columns, with the upper ends of the support plates abutted against the bottoms of the top plates and the lower ends of the support plates abutted against the top of the lower compartment body (as noted in figure 17 and cols 13-14); the support plates are used to compensate a thickness difference between the movable part and the fixing part of the telescoping columns and support the top plates.
Claim 10. Coulter discloses the office soundproof compartment of claim 1, wherein one lower compartment plate (66) of the lower compartment body is movably connected to one telescoping column to form a lower half part of the compartment door, and a handle is disposed on the compartment door (as noted in the figures and disclosure); but does not expressly disclose one upper compartment plate vertically opposed to the lower half part of the compartment door in the upper compartment body is movably connected to one telescoping column to form an upper half part of the compartment door; the upper compartment plate and the lower compartment plate of the compartment door are both disposed as transparent.
Morrow discloses one lower compartment plate forming a lower half part of a door with a handle (as seen in the figures) and one upper compartment plate forming an upper half part of a door that is transparent. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the compartment of Coulter have the door be comprised of one lower compartment plate forming the lower half part of the door and one upper compartment plate vertically opposed to the lower half part in the upper compartment body to form an upper half part of the compartment door and to have both disposed as transparent to form a door of suitable height for a person to enter through and to allow light into the interior when the door is closed.
Allowable Subject Matter
Claims 12,13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the indication of allowable subject matter of claim 12 is the overall combination of the components, their construction and their arrangement with respect to the one another regarding the slide grooves. More specifically claim 12 clearly details the features of the compartment wherein two slide grooves with opposed openings are connected on two inner sidewalls of the lower compart body and disposed at a side of the lower compartment body away from the door, the fixed side plate is cooperated slidably in the two slide grooves. The prior art does not teach or suggest slide grooves having the structure as claimed or a fixed side plate cooperated slidably in the two slide grooves. While various collapsible compartments are known in the art, none alone or in combination anticipated or make obvious the limitation as set for in claim 12. There is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time the invention was filed to modify the prior art obtain the invention of claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635