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 Species I in the reply filed on 3/13/26 is acknowledged. The traversal is on the ground(s) that claim 1 is asserted to be generic to all of the species. This is not found persuasive because the presence of a generic claim does not necessarily indicate that the species are patentably indistinct or that the election requirement is improper. The reply does not state that any of the species are equivalents or substitutes for each other, such that said species would be obvious in view of each other, and the reply also does not specify any errors in the identification of the species.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-10 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/13/26.
Claim Objections
Claims 11 and 13 are objected to because of the following informalities:
Claim 11 recites “the top of the partition member” in line 2 but the top has not been previously introduced. A recommended correction is to instead recite --a top of the partition member--.
Claim 13 recites “the top, first and second sides and bottom of the partition member” in lines 1-2, but these sides/portions are not previously introduced. A recommended correction is to include a limitation reciting --wherein the partition member comprises a top, first and second sides, and a bottom-- before the limitation in lines 1-2.
Appropriate correction is required.
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, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirneise (U.S. Patent Application Publication No. 2016/0009164).
Regarding claim 1, Hirneise discloses a vehicle pet barrier [FIG. 4] comprising: at least one attachment member (33, 34) attached to a vehicle (99; attachment of the members 33, 34 to the vehicle 99 is shown in at least Figures 3-5); a partition member (22) attached to the at least one attachment member so that the partition member is deployed within at least a portion of an opening of the vehicle (the opening of the vehicle is defined by the doorway shown best in Figure 3; attachment of the partition to the attachment members is shown in at least Figure 2).
Regarding claim 2, Hirneise discloses that the opening of the vehicle comprises a doorway of the vehicle [FIG. 3], wherein the at least one attachment member comprises two channel members attached to two opposing sides of the doorway of the vehicle [FIGS. 3, 5].
Regarding claim 11, Hirneise discloses that when the partition member is deployed within the at least one opening of the vehicle the top of the partition member is below a bottom seat sitting surface of a seat in the vehicle (as shown in Figure 4, the top of the partition member 22 is below the seat of the vehicle).
Regarding claim 12, Hirneise discloses that when the partition member is deployed within the at least one opening of the vehicle the partition member blocks less than 80% of the at least one opening of the vehicle (as shown in Figure 4, the partition member 22 blocks less than 80% of the doorway opening).
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.
Claims 3, 4, 13, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hirneise (U.S. Patent Application Publication No. 2016/0009164) in view of Grous (U.S. Patent No. 5,620,036).
Regarding claims 3, 4, 13, and 14, Hirneise discloses that the partition member comprises a top, first and second sides, and a bottom, but does not disclose a substantially flexible barrier member or mesh barrier portion.
Nonetheless, Grous discloses a partition member comprising a top, first and second sides, and a bottom [FIG. 1] that are substantially rigid (the members of the frame 14 are understood to be inherently rigid to support the mesh 18 and fiber strands 16), and a substantially flexible mesh barrier portion (18) attached to and extending between the top, first and second sides and bottom [FIGS. 1-3].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the barrier of Hirneise to have the flexible barrier and vertical installation taught by Grous, in order to allow for better ventilation of the space when the partition is deployed.
Regarding claim 20, Hirneise discloses a vehicle pet barrier [FIG. 4] comprising: a first attachment member (33) having a first back portion attached to a first side of a doorway of a vehicle (the back portion of the attachment member and its attachment to the vehicle is shown in Figure 2; the distal end of this attachment member is positioned adjacent to the left side of the doorway as shown in Figure 4) and having first and second side portions (horizontal and spaced vertical portions shown in Figure 2 extending away from the vehicle) extending from the first back portion to form a first channel (the channel is shown in Figure 2 as the space into which the upper track hanger 40 is inserted);
a second attachment member (34) having a second back portion attached to a second side of the doorway of the vehicle opposite the first side of the doorway (the back portion of the attachment member and its attachment to the vehicle is shown in Figure 2; the distal end of this attachment member is positioned adjacent to the right side of the doorway as shown in Figure 5) of the vehicle and having first and second side portions (horizontal and spaced vertical portions shown in Figure 2 extending away from the vehicle; see annotated drawing below) extending from the second back portion into the doorway of the vehicle to form a second channel;
a partition member comprising:
a top (upper edge including upper track hanger 40);
a first side coupled to the top (first vertical side shown in Figure 3);
a second side coupled to the top (opposite second vertical side shown in Figure 3);
a bottom (lower edge including lower track hanger 40) coupled to the first and second sides [FIG. 3];
wherein the partition member is slid into the first channel of the first attachment member and into the second channel of the second attachment member [FIGS. 2-5], thereby deploying the vehicle pet barrier within the doorway of the vehicle.
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Hirneise does not disclose that the partition member comprises a flexible barrier member or installation of the partition member into the channels of the attachment members by sliding the partition member downward.
Nonetheless, Grous discloses a barrier comprising first and second attachment members (opposing vertical frame members 20 shown in Figure 1) and a partition member (14) having a top (upper horizontal element of the partition frame 14); first and second sides (opposing vertical elements of the partition frame 20, shown in Figure 1) coupled to the top [FIG. 1], wherein the first and second sides are dimensioned to fit within respective channels of the first and second attachment members [FIG. 2]; and a substantially flexible barrier member (18) attached to the top, the first side, the second side, and a bottom of the partition member [FIGS. 1, 2], wherein the partition member is slide into the channels while sliding the partition member downward until the partition member seats within the first and second attachment members (column 3, lines 15-18).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the barrier of Hirneise to have the flexible barrier and vertical installation taught by Grous, in order to allow for better ventilation of the space when the partition is deployed, to enable full removal of the partition when not needed or desired, and to ensure that the partition is adequately supported on two sides thereof when deployed so as to prevent it from flexing or bending out of position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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/ABE MASSAD/Primary Examiner, Art Unit 3634