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 .
Response to Amendment
The preliminary amendment received August 11, 2025 is entered and examined below.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Objections
Claims 3, 15, 17, and 28 are objected to for the following reasons:
Claims 3 and 15 recite “locking arrangement that are arranged” should read --a locking arrangement that is arranged--.
Claim 17 recites “incudes” which should instead read --includes--.
Claim 28 recites “main pole section includes locking arrangement that is configured” which should read --main pole section includes a locking arrangement that is configured--. Claim 28 recites “mail pole sections” which should read --main pole sections—and the recitation “while maintain a tether connection” should read --while maintaining a tether connection--.
Applicant is advised to carefully review the claims for grammatical issues.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 refers to elements not previously set forth in the claim. Claim 7 refers to the second tether and the second pole section which were not previously defined. Claim 7 appears to refer to elements of claim 6 and it is not clear if claim 7 should depend from claim 1 and if claim 7 should be rewritten to introduce the claim elements or if claim 7 should depend from claim 6. For examination, claim 7 depends from claim 6. Claim 19 has the same issue. Claim 19 depends from claim 13 and lacks antecedent basis for the claimed elements. it is not clear if claim 19 should depend from claim 13 and if claim 19 should be rewritten to introduce the claim elements or if claim 19 should depend from claim 18. For examination, claim 19 depends from claim 18.
In view of the 112 issues discussed above the claims have been examined as best understood
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, 2, 4, 6-8, 13, 14, 16, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wheatley (US 4,960,144)
Regarding claim 1, Wheatley discloses a collapsible and expandable extension pole (15) (Fig 2) for use in partition systems (an intended use); said extension pole comprising:
(a) a main pole section (18);
(b) a first pole section (20) that is distinct from the main pole section (Fig 3); and
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(c) a first tether (36) that is configured to connect together said main pole section (18) and said first pole section (20) such that said first pole section is configured to removably connect to the main pole section (col 2, lines 45-62).
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Regarding claim 2, Wheatley discloses wherein said first tether (36) includes an elastic material (spring) that is configured to draw together said first pole section to said main pole section (col 2, lines 45-62).
Regarding claim 4, Wheatley discloses (a) a female fitting (32) is formed on a first end of said main pole section; (b) a male fitting (34) is formed on a first end of said first pole section; and(c) said male fitting removably engages said female fitting (Figs 3 and 4).
Regarding claim 6, Wheatley discloses further comprising: (a) a second pole section (16) that is distinct from said main pole section (18) and said first pole section (20); and (b) a second tether (26) that is configured to connect together said main pole section and said second pole section such that said second pole section is configured to removably connect to said main pole section (col 2, lines 45-62).
Regarding claim 7, as best understood in view of the 112 issues discussed above, Wheatley discloses wherein said second tether (26) includes an elastic material (spring) that is configured to draw together said second pole section (16) to said main pole section (18).
Regarding claim 8, Wheatley discloses wherein:(a) a male fitting (30) is formed on a second end of said main pole section (Fig 3); (b) a female fitting (24) is formed on a first end of said second pole section; and (c) said male fitting removably engages said female fitting.
Regarding claim 13, Wheatley discloses a partition system (Fig 1), the partition system comprising:
(a) at least one collapsible and expandable extension pole (15) (Fig 2) including:
(i) a main pole section (18);
(ii) a first pole section (20) that is distinct from the main pole section (18) (Fig 3); and
(iii) a first tether (36) that is configured to connect together said main pole section and said first pole section such that said first pole section is configured to removably connect to the main pole section (Figs 3 and 4); and
(b) at least one partition material (28) that is at least partially supported by said at least one extension pole (15) to form a partition wall.
Regarding claim 14, Wheatley discloses wherein said first tether includes an elastic material (spring) that is configured to draw together said first pole section to said main pole section (col 2, lines 45-62).
Regarding claim 16, Wheatley discloses wherein: (a) a female fitting is formed on a first end of said main pole section (32); (b) a male fitting (34) is formed on a first end of said first pole section; and (c) said male fitting removably engages said female fitting.
Regarding claim 18, Wheatley discloses further comprising: (a) a second pole section (16) that is distinct from said main pole section (18) and said first pole section (20); and (b) a second tether (36) that is configured to connect together said main pole section and said second pole section such that said second pole section is configured to removably connect to said main pole section.
Regarding claim 19, as best understood in view of the 112 issues discussed above, Wheatley discloses wherein said second tether includes an elastic material (spring) that is configured to draw together said second pole section to said main pole section.
Regarding claim 20, Wheatley discloses wherein:(a) a male fitting (30) is formed on a second end of said main pole section; (b) a female fitting (24) is formed on a first end of said second pole section; and(c) said male fitting removably engages said female fitting.
Claims 1, 2, 13, 14, 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams (US 2022/0018122).
Regarding claim 1, Williams discloses a collapsible and expandable extension pole (11b) (Fig 21) for use in partition systems; said extension pole comprising:
(a) a main pole section (20);
(b) a first pole section (19) that is distinct from the main pole section; and
(c) a first tether (18a) that is configured to connect together said main pole section and said first pole section such that said first pole section is configured to removably connect to the main pole section (Figs 28A-28D).
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Regarding claim 2, Williams discloses said first tether includes an elastic material (bungee) that is configured to draw together said first pole section to said main pole section.
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Regarding claim 13, Williams discloses a partition system (Fig 1), the partition system comprising: (a) at least one collapsible and expandable extension pole (11b) including: (i) a main pole section (20); (ii) a first pole section (19) that is distinct from the main pole section; and (iii) a first tether (18a) that is configured to connect together said main pole section and said first pole section such that said first pole section is configured to removably connect to the main pole section; and (b) at least one partition material (12) that is at least partially supported by said at least one extension pole to form a partition wall (paragraph [0002]).
Regarding claim 14, Williams discloses wherein said first tether includes an elastic material (bungee) that is configured to draw together said first pole section to said main pole section.
Regarding claim 27, Williams discloses a method for forming a partition wall comprising:(a) providing an extension pole (11b); said extension pole including: (i) a main pole section(20); (ii) a first pole section (19) that is distinct from the main pole section; and (iii) a first tether (18a) that is configured to connect together said main pole section and said first pole section such that said first pole section is configured to removably connect to the main pole section; (b) providing a partition material (12); and (c) at least partially supporting said partition material by said extension pole in a structure to form a partition wall in said structure (Fig 1; paragraph [0002]).
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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 1-9, 12-21, 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Tramontina et al. (US 7,789,927), hereinafter referred to as Tramontina, in view of Lee (US 8,813,768
Regarding claims 1, 6, 13, 18, and 27, Tramontina discloses a partition system comprising at least one collapsible and expandable extension pole (Figs 1 and 3) and a method of forming a partition wall, said partition system and extension pole comprising:
a main pole section (see annotated Fig 3);
a first pole section that is distinct from the main pole section (see annotated Fig 3);
a second pole section (see annotated Fig 3) that is distinct from said main pole section and said first pole section;
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at least one partition material (18) that is at least partially supported by said at least one extension pole to form a partition wall (col 8, lines 42-45 and 61-65).
Thus, Tramontina discloses a method for forming a partition wall comprising: (a) providing an extension pole (Figs 1 and 3); said extension pole including: (i) a main pole section; (ii) a first pole section that is distinct from the main pole section (Fig 6); (b) providing a partition material (18); and (c) at least partially supporting said partition material by said extension pole in a structure to form a partition wall in said structure (col 8, lines 61-66).
Although Tramontina discloses that the main pole section, first pole section, and second pole section are removably connected, Tramontina fails to disclose a first tether for connecting the main pole section and first pole section and a second tether that is configured to connect together said main pole section and said second pole section such that said second pole section is configured to removably connect to said main pole section. However, connections between pole sections via a tether to removably connect pole sections are known. Lee teaches pole sections (10) (Fig 1) that are releasably connected with a tether (130) that is coupled to each pole section (Figs 4-6).
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Lee further teaches that such arrangement allows for poles to be conveniently and precisely assembled and disassembled (col 1, lines 17-24). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tramontina such that a tether connects the pole sections in order to allow for repeated connection and provide simplified assembly and disassembly. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
Regarding claims 2, 7, 12, 14, 19, 24, Tramontina as modified with Lee above, Lee teaches wherein said first tether and second tether include an elastic material (elastic cord) that is configured to draw together said first pole section to said main pole section; wherein said first and second tethers are formed of a cord, an elastic cord, a wire, a strap, or combinations thereof.
Regarding claims 3 and 15, modified Tramontina discloses wherein the main pole section comprises a plurality of pole sections that are arranged in a telescoping configuration (col 8 line 61 – col 9 line 3; the main pole section is known to include telescoping poles for height adjustment); said main pole section includes locking arrangement (55) that are configured to releasably lock said pole sections of said main pole section in position relative to one another during use of said main pole section.
Regarding claims 4, 8, 16, and 20, Tramontina as modified with Lee above, Lee teaches wherein: a female fitting (12a) and male fitting (120) are provided between pole sections (Fig 5). Thus, as modified above a female fitting is formed on a first end of said main pole section; a male fitting is formed on a first end of said first pole section; and said male fitting removably engages said female fitting.
Regarding claims 5 and 17, modified Tramontina further discloses wherein said first pole section includes a grip pad that is pivotally coupled to a second end of said first pole section, and wherein said grip pad is configured to receive a partition material (Fig 2).
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Regarding claims 9 and 21, modified Tramontina further discloses wherein said second pole section (Fig 3) includes a compressible portion (50) that is configured to partially or fully compress said compressible portion when a second end of said second pole section engages a structure (via 22), and wherein said compressible portion includes a) a biasing member (52); and b) a rod (lower portion of 26) that is telescopically received in a body of the second pole section (Fig 3).
Regarding claim 25, Tramontina discloses a collapsible and expandable extension pole (Fig 3) for use in partition systems; said extension pole comprising:
a main pole section having a plurality of pole sections that are arranged in a telescoping configuration (col 8 line 61 – col 9 line 3; the main pole section is known to include telescoping poles for height adjustment);
a first pole section and a second pole section (see annotated Fig 3 above);
said first pole section includes a grip pad (see annotated Fig 2 above) that is configured to receive a partition material.
Although Tramontina discloses that the main pole section and a first pole section and a second pole section are removably connected, Tramontina fails to disclose a first tether for connecting the main pole section and first pole section and a second tether that is configured to connect together said main pole section and said second pole section such that said second pole section is configured to removably connect to said main pole section. However, connections between pole sections via a tether to removably connect pole sections are known. Lee teaches pole sections (10) (Fig 1) that are releasably connected with a tether (130) that is coupled to each pole section (Figs 4-6). Lee further teaches that such arrangement allows for poles to be conveniently and precisely assembled and disassembled (col 1, lines 17-24). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tramontina such that a tether connects the pole sections in order to allow for repeated connection and provide simplified assembly and disassembly. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art. As modified, Tramontina is provided with a first tether that is configured to connect together a first pole section and said main pole section such that said first pole section is configured to removably connect to the main pole section and a second tether that is configured to connect together a second pole section and said main pole section such that the second pole section is configured to removably connect to said main pole section.
Regarding claim 26, modified Tramontina further discloses wherein the main pole section includes a plurality of pole sections that are arranged in a telescoping configuration (col 8 line 61 – col 9 line 3; the main pole section is known to include telescoping poles for height adjustment); said main pole section includes a locking arrangement (55) that is configured to releasably lock said pole sections of said main pole section in position relative to one another during use of said main pole section; said first pole section (40) and/or said second pole section (24) are absent telescoping sections.
Claims 10, 11, 22, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Tramontina and Lee, as applied in claims 1, 6, 13, and 18 above, in further view of Locker (US 8,902,121).
Regarding claims 10, 11, 22, and 23, Tramontina as modified with Lee above teach said main pole section is releasably connected to a body of said first pole section and releasably connected to a body of said second pole section. It is further understood upon disassembly the pole sections are in a fully collapsed configuration and the pole sections are substantially parallel. Modified Tramontina fails to teach the first and second pole sections are connected to the main pole section by the at least one fastener in the fully collapsed configuration. However, Locker teaches a fastener (restraining band; Fig 9) connecting the pole sections of a collapsible pole together when disassembled to provide a compact bundle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Tramontina and provide a fastener in order to restrain the poles in a compact manner when collapsed when not in use. The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
Allowable Subject Matter
Claims 28-41 are allowable. Note: claim 28 is objected to as indicated above.
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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