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 . 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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,465,262 (Itri).
Regarding claim 1, Itri discloses the height-adjustable partition (10; see Figure 1 and annotated Figure 1 below), comprising a lower base plate (16), an upper base plate (12), one or more first telescopic rods (18), two second telescopic rods (18; formed at ends 34 in Figure 1), and positioning mechanisms (28), wherein the upper base plate is arranged above the lower base plate (see Figure 1);
the one or more first telescopic rods are arranged equidistantly and vertically between the upper base plate and the lower base plate (see Figure 1 and column 2, lines 37-38);
a first end of the upper base plate and a first end of the lower base plate are detachably connected to first connection members (19) respectively, and a second end of the upper base plate and a second end of the lower base plate are detachably connected to second connection members (19) respectively (see Figure 1 and column 2, lines 39-43);
the first connection members are detachably connected to two ends of a first one of the two second telescopic rods respectively, and the second connection members are detachably connected to two ends of a second one of the two second telescopic rods respectively (see Figure 1 and column 2, lines 39-43); and
the positioning mechanisms are respectively arranged on the two second telescopic rods to lock the two second telescopic rods (see Figure 1 and column 2, lines 52-59).
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Figure 1. Annotated Figure 1 of Itri
Regarding claim 2, Itri discloses the one or more first telescopic rods (18) each comprise a first vertical rod (26) and a second vertical rod (24; see column 2, lines 52-55);
the second vertical rod is slidably connected in the first vertical rod, and has a top end connected to a bottom surface of the upper base plate (12; see Figure 1); and
a bottom end of the first vertical rod is connected to a top surface of the lower base plate (16; see Figure 1).
Regarding claim 3, Itri discloses the two second telescopic rods (18; formed at ends 34 in Figure 1) respectively comprise first positioning rods (24) and second positioning rods (26); the second positioning rods are slidably connected in the first positioning rods respectively (see column 2, lines 52-55); and
bottoms of the first positioning rods are detachably connected to a first one of the first connection members (19) and a first one of the second connection members (19) respectively, and tops of the second positioning rods are detachably connected to a second one of the first connection members and a second one of the second connection members respectively (see Figure 1 and column 2, lines 39-43).
Regarding claim 5, Itri discloses an anti-skid pad (30) is arranged on a bottom surface of each of the first positioning rods (24; see column 2, lines 60-65, where pads 30 are indirectly provided on the bottom surface of each of the first positioning rods via their connection to connection members 19).
Regarding claim 6, Itri discloses at least two positioning blocks (20), wherein a groove (provided on an inner circumferential surface of 22) is provided on a bottom surface of each of the at least two positioning blocks, and the each of the at least two positioning blocks is detachably engaged with the lower base plate (16) through the groove (via screws 22; see Figure 1).
Regarding claim 7, Itri discloses an intermediate base plate (see annotated Figure 1 above), wherein the intermediate base plate is arranged at a top of the first vertical rod (26);
a first end of the intermediate base plate is detachably connected to a first end of a third connection member, and a second end of the intermediate base plate is detachably connected to a first end of a fourth connection member (see annotated Figure 1 above); and
a second end of the third connection member and a second end of the fourth connection member are each detachably connected to the top of the respective first vertical rod (see annotated Figure 1 above).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Itri in view of US 10,407,916 (Samad).
Itri discloses the height-adjustable partition according to claim 3, but does not expressly disclose each of the positioning mechanisms (28) comprises a spring button and one or more through holes, the one or more through holes are arranged equidistantly on a respective one of the first positioning rods (24) along a height adjustment direction of the height-adjustable partition, the spring button is arranged on a respective one of the second positioning rods (26), and an end of the spring button is configured to extend into a through hole of the one or more through holes.
Samad teaches a positioning mechanism (see Figures 11A-12B) comprises a spring button (22, 66) and one or more through holes (24), the one or more through holes are arranged equidistantly on a respective one of the first positioning rods (16) along a height adjustment direction of the height-adjustable partition, the spring button is arranged on a respective one of the second positioning rods (14), and an end of the spring button is configured to extend into a through hole of the one or more through holes (see Figures 11A-12B). Samad teaches this positioning mechanism structure allows for the height of an adjustable partition having positioning rods to more quickly and easily be adjusted (see column 5, line 24, through column 6, line 4). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the positioning mechanism of the height-adjustable partition of Itri such that it comprises a spring button and one or more through holes, the one or more through holes are arranged equidistantly on a respective one of the first positioning rods along a height adjustment direction of the height-adjustable partition, the spring button is arranged on a respective one of the second positioning rods, and an end of the spring button is configured to extend into a through hole of the one or more through holes, as taught in Samad, in order to allow for the height of the adjustable partition to more quickly and easily be adjusted.
Allowable Subject Matter
Claims 8-20 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.
Regarding claims 8-14, Itri discloses a height-adjustable partition assembly (see Figure 1), comprising at least two height-adjustable partitions according to claim 1 (see rejection above), but fails to disclose two adjacent ones of the at least two height-adjustable partitions share a respective one of the second telescopic rods. Instead, Itri discloses the height-adjustable partitions being connected via anti-skid pads (30) to a post (36) which is secured to the ground via spikes (49), and includes a bladder (42) which is filled with water to provide a heavy, secure, partition (see column 3, lines 24-47).
The prior art fails to fairly show or suggest a modification to Itri such that two adjacent ones of the at least two height-adjustable partitions share a respective one of the second telescopic rods. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Itri, as it would teach away from the intended structure of Itri, which provides a heavy, secure, partition. Further still, if one of ordinary skill in the art were to remove this post such that two adjacent ones of the at least two height-adjustable partitions share a respective one of the second telescopic rods, the assembly would be rendered inoperable, as there would no longer be a means to position the assembly on a surface.
Regarding claims 15-20, the claims are allowed for the reasons set forth above regarding claim 8, where claim 15 includes at least one additional height-adjustable partition compared to claim 8.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure in the field of height-adjustable partitions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
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