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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 40’’’ (page 10 of specification).
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. 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.
Specification
The disclosure is objected to because of the following informalities:
Page 15, “handle 51H” should be changed to --handle portion 51H-- for consistency purposes--.
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 5-6 and 8-10 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 5 recites the limitation "the junction assembly" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-4 and 7 are allowed.
Claims 5-6 and 8-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Evans (US 3,581,751) teaches a portable barrier, comprising: a pedestal assembly including a plurality of legs that are movable with respect to each other (as evidenced by FIG. 2 versus FIG. 3), the plurality of legs includes a first leg (20, 50) and a second leg (22, 52); a cover assembly including (i) a plurality of arms that are movable with respect to each other (as evidenced by FIG. 2 versus FIG. 3), the plurality of arms includes a first arm (24, 54) and a second arm (26, 56), and (ii) a cover (74) attached to the first arm and the second arm (via 64, 66); a rear fabric member (76) attached to at least one of (i) the first leg, (ii) the second leg, (iii) the first arm, and (iv) the second arm (via cover with is attached to both the legs and the arms via pockets 60, 62, 64, 66); and a support member (90), wherein the portable barrier is configured to be moved between a protection mode (FIGS. 1, 2 and 4) and a storage mode (FIG. 3), wherein the rear fabric member is configured to be moved between a collapsed rear fabric configuration (FIG. 3) and an expanded rear fabric configuration (as seen in FIGS. 1, 2 and 4), wherein, when the portable barrier is positioned in the protection mode, the rear fabric member is positioned in the expanded rear fabric configuration (as seen in FIGS. 1, 2 and 4), and wherein,
Evans lacks a coupler, having a receptacle, attached to the rear fabric panel, wherein when the rear fabric member is positioned in the expanded rear fabric configuration, an end portion of the support member is positioned in the receptacle so as to secure the support member to the rear fabric member. It would not have been obvious to one of ordinary skill in the art to include a coupler on the rear fabric panel as it is already fully supported.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at (571)272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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