Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/888,211 and 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
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 –
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 –
Claim(s) 1-4, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 7,066,676 to Tsai.
Tsai teaches
1. A sliding positioning mechanism, comprising: a guiding rod (4), a sliding seat (2), and an inner liner (1 and/or 3), wherein: an elastic pin (41) protruding upward is disposed on the guiding rod, a middle of the sliding seat comprises a locking hole (23) in which the elastic pin is configured to be disposed, the inner liner is slidably sleeved on the guiding rod in a linear manner (as best seen in figures 1 and 4), the inner liner comprises a connecting plate (figure 1, 1, 11, and bar between the slots 111 are considered to be part of the connecting plate) and two covering edges (112, 113, as best seen in figure 1) symmetrically connected to a left side and a right side of the connecting plate, the connecting plate comprises an opening (space inside of the c-shape structure) extending from a front end (portion with the stud 12) of the connecting plate to a middle (portion in between the slots 111) of the connecting plate, a pressing piece (12) is connected to a rear end of the connecting plate, the sliding seat is sleeved on an outer side of the connecting plate and outer sides of the two covering edges (as best seen in figures 1-3), the elastic pin is configured to pass through the opening to be disposed in the locking hole, the pressing piece is located above the locking hole, and one or two sides of the sliding seat comprise one or more pivoting portions (as best seen in figures 5 and 6 pivoting portions are located on the sliding seat that receives folding arms of a tent or closet to be connected to).
2. wherein: the sliding seat comprises a base plate (portion with locking hole 23) and two seat edges (21,22) symmetrically connected to a left side and a right side of the base plate, the base plate is stacked on the connecting plate (since no orientation is defined , the examiner considers that the term “stacked” does not connotate an orientation for the base plate relative to the connecting plate), and each of the two seat edges is buckled to a same-side of one of the two covering edges.
3. wherein: a front end and a rear end of each of the two covering edges comprises position-limiting protrusions (113) to inhibit movement of the two seat edges in a front-to-back direction.
4. wherein: a root portion (ribs as best seen in figure 1) extends upward from an end surface of the rear end of the connecting plate, the pressing piece connected to the root portion, a rear end of the base plate abuts the root portion, and a bottom surface of the pressing piece comprises a protruding point (as best seen in figures 1 and 3) corresponding to the elastic pin.
7. wherein: the one or more pivoting portions are located in middles of the two seat edges, and each of the one or more pivoting portions comprises a pivoting hole (as best seen in figures 5 and 6 a bolt appears to connect the arm to the pivoting portions; also inferred from the prior art figure 8).
8. wherein: a middle of a front end of the base plate comprises a conical guiding groove (24) corresponding to the elastic pin.
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(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 7,066,676 to Tsai.
Tsai is silent to the material of the inner liner and therefore does not expressly disclose the liner made of plastic. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the liner from plastic, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Allowable Subject Matter
Claims 5 and 6 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 TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637