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 Rejections - 35 USC § 102
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 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, 10, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vitt (US 4,202,253).
With respect to claim 1, Vitt discloses a space dividing apparatus arranged to move between a stowed position (as shown in Fig. 1 of Vitt) and a deployed position relative (as shown in Fig. 1 of Vitt)to a base 1, the space dividing apparatus comprising a partition body 5 and at least one support member 15/19, the at least one support member comprising:
a first support element 19 having a first support element plane (as shown in Fig. 1 of Vitt);
a second support element 15 having a second support element plane (as shown in Fig. 1 of Vitt); and
a support hinge 16/17 arranged to hingeably couple the first 19 and second 15 support elements and having a support hinge axis,
wherein the at least one support member 15/19 is hingeable between:
a deployed condition in which the first support element plane and the second support element plane are each substantially parallel with a first plane (as shown in Fig. 1 of Vitt); and
a stowed condition in which the first support element plane and the second support element plane are each substantially parallel with a second plane (as shown in Fig. 2 of Vitt),
wherein the second plane is orthogonal to the first plane (as can be determined from Figs. 1 and 3 of Vitt), and
wherein in the stowed position the at least one support member 15/19 is in the stowed condition and in the deployed position the at least one support member is in the deployed condition (as shown in Figs. 3 and 1 of Vitt, respectively).
With respect to claim 10, Vitt discloses the base 1, wherein the at least on support member 15/19 is coupled to the base 1 (as shown in Fig. 2 of Vitt).
With respect to claim 12, Vitt discloses that the space dividing apparatus is capable of forming a vehicle loadspace partition (Vitt, col. 1, lines 43-50).
With respect to claim 13, the dividing apparatus disclosed by Vitt is capable of forming a shelf (if mounted on a vertical support).
With respect to claim 14, Vitt discloses a load floor unit comprising the space dividing apparatus claimed in claim 1 (“My improved baggage holder, as herein disclosed, is primarily intended for use in connection with an automobile and is adapted to be support on a foot-board thereof,” Vitt, col. 1, lines 43-46).
With respect to claim 15, Vitt discloses a vehicle comprising the space dividing apparatus as claimed in claim 1 (“My improved baggage holder, as herein disclosed, is primarily intended for use in connection with an automobile,” Vitt, col. 1, lines 43-45).
Allowable Subject Matter
Claims 2-9 and 11 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:
Claims 2-9 and 11 have been indicated as containing allowable subject matter primarily for the release button configured to initiate movement of the at least one support member from the deployed condition towards the stowed condition.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Perelli et al. and Spykerman et al. each disclose another example of a space dividing apparatus arranged to move between a stowed position and a deployed position relative to a base, the storage space dividing apparatus comprising a partition body and at least one support member, the at least one support member comprising: a first support element having a first support element plane; a second support element having a second support element plane; and a support hinge arranged to hingeably couple the first and second support elements and having a support hinge axis, wherein the at least one support member is hingeable between: a deployed condition in which the first support element plane and the second support element plane are each substantially parallel with a first plane; and a stowed condition in which the first support element plane and the second support element plane are each substantially parallel with a second plane, wherein the second plane is orthogonal to the first plane, and wherein in the stowed position the at least one support apparatus member is in the stowed condition and in the deployed position the at least one support apparatus member is in the deployed condition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612
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