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
Claims 6 and 15 are objected to for the following informalities:
In claim 6, in the recitation “wherein the second strap sleeve comprises a second portion of the sheet of material at the right edge that is folded back on itself and coupled to a body portion of the sheet of material to form the first strap sleeve” the “first strap sleeve” should instead read “the second strap sleeve.”
In claim 15, the recitation of “sleeves” should be “sleeve.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 2-25 are rejected under 35 U.S.C. 103 as being unpatentable over Whittemore (WO 2017/117042) in view of Northey (US 2019/0239675).
Regarding claim 2, Whittemore discloses an entryway apparatus, comprising:
a sheet of material (26), comprising: a top edge (top side of 26); a bottom edge (26L), a left edge (left side of 26); and a right edge (right side of 26) (Fig 13);
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an opening (shown in region R; Fig 14F) extending from a position below the top edge to the bottom edge (of 26), the opening comprising a left seam (38A) and a right seam (38B);
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a first strap (200A or 200B) coupled to the sheet of material (26) (Figs 15Ai-15Eiv show coupling) and positioned at a first side of the opening; and
a second strap (200C or 200D) coupled to the sheet of material (26) (Figs 15Ai-15Eiv show coupling) and positioned at a second side of the opening opposite the first side of the opening, the second strap spaced apart from and parallel to the first strap (Fig 13),
wherein the first and second strap (200A-200D) are each constructed and arranged with an elongated magnetic strap (210, 250, or 254) (Figs 15Ai-15Eiv).
Although Whittemore teaches a first and second strap coupled to the sheet of material, they are not disclosed be strap sleeves such that first and second strap sleeves are each constructed and arranged to receive the elongated magnetic strap. Instead, the magnets of Whittemore are received on the strap or “sandwiched” between two elements forming the straps (Figs 15Ai-15Eiv) with the straps (200A-200D) positioned to magnetically secure the sheet of material to a partition. However, arrangements are known that provide strap sleeves that are constructed and arranged with an elongated magnetic strap. Northey teaches a strap sleeve (112) that is constructed and arranged to receive an elongated magnetic strap (440) (Fig 4).
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Northey discloses that the strap sleeve and magnetic strap allow for magnetic securement. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Whittemore so that the first and second straps are instead provided as first and second strap sleeves, as taught by Northey, in order to receive elongated magnetic straps within the strap sleeves. Such modification would have been obvious in order to provide an equivalent alternative technique for providing a sheet material with means for magnetic securement. As modified, the straps (200A-200D) of Whittemore are provided as sleeves to allow magnetic attraction to a structure on opposite sides of the opening. One would be motivated to look to Northey for the technique of simplifying the structure for mounting the sheet material. The modification would have been obvious and not lead to any new or unpredictable results.
Regarding claim 3, Whittemore as modified with Northey above, teaches further comprising at least one strap portion (strap of Northey received within strap sleeve), wherein each of the at least one strap portion is constructed and arranged to fit in a corresponding one of the first or second strap sleeves.
Regarding claim 4, Whittemore discloses wherein at least one of the at least one strap portion comprises a magnet (strap of Northey includes a magnet).
Regarding claim 5, Whittemore as modified with Northey above, teaches wherein the first and second strap sleeves are positioned at the left and right edges, respectively, of the sheet of material (Northey teaches the strap sleeves at the edges).
Regarding claim 6, as best understood, Whittemore as modified with Northey above, teaches wherein the first strap sleeve comprises a first portion of the sheet of material at the left edge that is folded back on itself and coupled to a body portion of the sheet of material to form the first strap sleeve; and wherein the second strap sleeve comprises a second portion of the sheet of material at the right edge that is folded back on itself and coupled to a body portion of the sheet of material to form the second strap sleeve (paragraph [0006] of Northey).
Regarding claim 7, as best understood, Whittemore as modified with Northey above, teaches wherein the first and second portions at the left and right edges are coupled to the respective body portions of the sheet of material using stitching (sewn hems).
Regarding claim 8, Whittemore as modified with Northey above, teaches wherein the first and second portions at the left and right edges are coupled to the respective body portions of the sheet of material using fabric welding, bonding or glue (bonded; paragraph [0030] of Northey).
Regarding claim 9, Whittemore as modified with Northey above, teaches wherein the first and second strap sleeves are positioned spaced apart from the left and right edges, respectively, of the sheet of material. Whittemore teaches that the straps (200) are spaced from the edges of the sheet and it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Whittemore and provide the strap with a pocket sleeve, as taught by Northey, in order to receive the elongated magnets. As modified, the sleeve would be located at the spaced apart location taught by Whittemore.
Regarding claim 10, Whittemore as modified with Northey above, teaches the first strap sleeve comprises a plurality of first strap sleeves along a common first axis of extension (200A-200B of Whittemore provided as sleeves of Northey); wherein the second strap sleeve comprises a plurality of second strap sleeves along a common second axis of extension (200C-200D of Whittemore as sleeves of Northey).
Regarding claim 11, Whittemore as modified with Northey above teach first and second strap sleeves but fails to disclose the first strap sleeve comprises a plurality of first strap sleeves along a respective plurality of first axes of extension, the respective plurality of first axes of extension spaced apart from, and parallel to, each other; wherein the second strap sleeve comprises a plurality of second strap sleeves along a respective plurality of second axes of extension, the respective plurality of second axes of extension spaced apart from, and parallel to, each other. However, Whittemore teaches the a plurality of sleeves (36A) that are parallel in order to allow for modification for installation at different sized openings. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify the first and second strap sleeves with the technique Whittemore applies to the top strap sleeve so that a plurality of parallel strap sleeves are provided in parallel in order to allow the apparatus to be utilized with openings of different sizes. Such modification would not lead to any new or unpredictable results.
Regarding claim 12, Whittemore as modified with Northey above, teaches wherein the first strap sleeve (200A) extends along a first axis of extension.
Regarding claim 13, Whittemore as modified with Northey above, teaches wherein the second strap sleeve (200C) extends along a second axis of extension, the second axis of extension being parallel to the first axis of extension.
Regarding claim 14, Whittemore as modified with Northey above, teaches further comprising a third strap sleeve (36) positioned above the opening, the third strap sleeve extending in a third axis of extension, the third axis of extension orthogonal to the first axis of extension and the third axis of extension orthogonal to the second axis of extension (Figs 4A-4D).
Regarding claims 15 and 16, modified Whittemore discloses a third strap sleeve. Northey teaches providing a strap portion configured to be inserted into the sleeve with the strap being a magnet. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify the third strap sleeve of Whittemore such that it is provided with a strap portion and magnet, as taught by Northey in order to provide means for magnetic attraction.
Regarding claim 17, modified Whittemore teaches wherein the third strap sleeve is positioned above the bottom edge of the sheet of material at a vertical position corresponding to a height of a standard door frame (Fig 4B).
Regarding claim 18, modified Whittemore discloses wherein the third strap sleeve (36) is positioned at the top edge of the sheet of material (Fig 4B or Fig 4C).
Regarding claim 19, modified Whittemore discloses wherein the third strap sleeve is positioned spaced apart from the top edge of the sheet of material (Fig 4F).
Regarding claim 20, modified Whittemore disclose wherein the third strap sleeve comprises a third portion of the sheet of material at the top edge that is folded back on itself and coupled to a body portion of the sheet of material to form the third strap sleeve (Fig 4C).
Regarding claim 21, modified Whittemore discloses wherein the third portions of the sheet of material at the top edge is coupled to the body portion of the sheet of material using stitching (Fig 4C).
Regarding claim 22, modified Whittemore discloses wherein the third portions of the sheet of material at the top edge is coupled to the body portion of the sheet of material using fabric welding, bonding or glue (“the cross-member sleeve 36 may comprise a portion of a material that is stitched, pressed, glued, or otherwise bonded to the material”).
Regarding claim 23, modified Whittemore discloses the third strap sleeve comprises a plurality of third strap sleeves along the third axis of extension (Fig 4C).
Regarding claim 24, modified Whittemore discloses wherein the third strap sleeve comprises a plurality of third strap sleeves along a respective plurality of third axes of extension, the respective plurality of third axes of extension spaced apart from, and parallel to, each other (Fig 4B).
Regarding claim 25, Whittemore as modified with Northey above teaches further comprising first and second elongated magnetic straps (magnetic straps taught by Northey), wherein the first strap sleeve (taught by Northey) is constructed and arranged to surround the first elongated magnetic strap when the first elongated magnetic strap is inserted therein and the second strap sleeve is constructed and arranged to surround the second elongated magnetic strap when the second elongated magnetic strap is inserted therein.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnnie A. Shablack whose telephone number is (571)270-5344. The examiner can normally be reached Mon-Thu 6am-3pm EST, alternate Friday.
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
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