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 § 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 1-5 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.
Regarding claim 5: It is unclear what it means that the guide portions are “guided along a guide rail”. Is this a method step present within an apparatus claim? It is assumed it should mean the guide portions are configured to be moved along a guide rail and will be examined accordingly.
Additional claims rejected under 35 USC 112 but not addressed are rejected as being dependent on a rejected base claim and failing to further remedy the issue(s).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Itoki (JP 2012-012816).
Referring to claim 1: Itoki teaches a partition, comprising: a pair of guide portions (item 3) that are guided along a guide rail (item 4) in an upper end portion of the partition (item 1); and a wheel (item 2) configured for running on a floor surface in a center part of a lower end portion of the partition.
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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Itoki in view of Naka (JPH05340158).
Referring to claim 2: Itoki teaches all the limitations of claim 1 as noted above. They do not teach the wheel has a double wheel structure in which two single wheels are attached to an axle shaft. However, Naka teaches the wheel has a double wheel structure in which two single wheels are attached to an axle shaft (figure 1).
It would have been obvious to one of ordinary skill in the art at the time of filing to create the device taught by Itoki with the double wheel structure in order to widen the footprint of the supporting wheels and distribute the weight over a larger area.
Referring to claim 3: Itoki and Naka teach all the limitations of claim 2 as noted above. Additionally, Itoki teaches a frame member (item 48), wherein the double wheels are provided in a center part of a lower frame portion of the frame member (figure 1).
Allowable Subject Matter
Claims 4 and 5 would be allowable if rewritten 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 and to include 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: the closest prior art of record being Itoki and Naka do not teach the distance between the two single wheels is slightly larger than the thickness of the frame member, and the location of the axle shaft on the upper side of the lower frame portion. While it may be obvious to further modify the combination with Sprague (US PGPub No 2013/0097935) to teach the wheel spacing in order to allow for larger wheels, none of the references teach the mounting location of the axle shaft.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635
