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 .
Drawings
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, from claim 1, the “constant-force device” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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.
Claim(s) 1,2,19,20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pohl (USPN 3,403,806).
With respect to claim 1, Pohl shows a collapsible container, comprising: a roof (3); a base (4); a collapsible wall (2) between the roof (3) and the base (4); a linkage (12) connecting the roof (3) to the collapsible wall (2) to collapse the collapsible wall (2) and raise the collapsible wall (2) to an erect position (fig 4); and a foldable wall (1) , wherein the roof (3) comprises a constant-force device (13) to act on the foldable wall (column 5 line 36-41).
With respect to claim 2, Pohl shows wherein the foldable wall (1) is connected to the roof (3) and inwardly foldable towards the roof (3). (see fig. 4a)
With respect to claim 19, Pohl shows a collapsible container, comprising: a roof (3); a base (4); a collapsible wall (2) between the roof (3) and the base (4); a linkage (threaded rods connected to 12, and hinges) connecting the roof (3) to the collapsible wall (2) to collapse the collapsible wall (2) and raise the collapsible wall (2) to an erect position (fig. 4); and a foldable wall (1), wherein the linkage comprises an automatic choke (13),(see column 5 line 7-41).
With respect to claim 20, Pohl shows the roof (3) comprises a stopper (15) that impedes movement of the automatic choke (13), and a slot (slot behind 15 in fig. 2) to which the linkage is coupled, the slot comprising a widening (slot opens to wider channel 7) at an end of the slot; movement of the automatic choke (13) is impeded when the container is in an extended configuration; wherein movement of the automatic choke (13) is not impeded when the container is in an opening configuration (fig. 4a,b).
Allowable Subject Matter
Claim 21, is allowed.
Claims 3-18, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/ Primary Examiner, Art Unit 3736