Office Action 1: Non-Final Rejection (2024-12-06)
Rejection types: 112 - Written Description/Enablement

CLAIMS:
CLAIMS

What is claimed is:

1\. A partition comprising:
a first body comprising a foldable material, the first body having a first side and a second side, the first body having a planar configuration when unfolded;
a plurality of substrates, each substrate of the plurality of substrates having a flat geometric shape and being resistant to folding; and
an adhesive, wherein each substrate of the plurality of substrates is adhered to the second side of the first body by the adhesive and arranged in a repeating pattern defining a plurality of columns and a plurality of rows, each column of the plurality of columns being spaced apart from each neighboring column to define a plurality of longitudinally extending gaps between columns and each row of the plurality of rows being spaced apart from each neighboring row to define a plurality of laterally extending gaps between rows, wherein the first body is configured to fold in a lateral direction along the plurality of longitudinally extending gaps in an accordion-like manner and to contemporaneously fold in a longitudinal direction along the plurality of laterally extending gaps between rows in the accordion-like manner, wherein the partition contracts both laterally and longitudinally when the first body contemporaneously folds in both the lateral direction and the longitudinal direction, and
wherein the partition extends both laterally and longitudinally when the first body contemporaneously unfolds in both the lateral direction and the longitudinal direction.

2\. The partition of claim 1, wherein the flat geometric shape of each substrate is substantially identical to the flat geometric shape of each other substrate.

3\. The partition of claim 1, wherein a ratio of a lateral contraction of the partition to a longitudinal contraction of the partition is at least 2:1.

4\. The partition of claim 1, wherein the first foldable body comprises a mylar material.

5\. The partition of claim 1, wherein each substrate of the plurality of substrates comprises a plexiglass material.

6\. The partition of claim 1, wherein the repeating pattern is printed on the second side.

7\. The partition of claim 1, wherein the first body has a configuration when unfolded that conforms with an opening associated with the partition.

8\. The partition of claim 1, wherein the repeating pattern comprises a herring bone pattern.

9\. A partition comprising:
A first body comprising a foldable material, the first body having a first side and a second side, the first body having a planar configuration when unfolded;
a plurality of substrates, each substrate of the plurality of substrates having a flat geometric shape and being resistant to folding;
a second body comprising a decorative, foldable material, the second body having the planar configuration when unfolded;
a third body comprising the decorative, foldable material, the third body having the planar configuration when unfolded; and
an adhesive;
wherein each substrate of the plurality of substrates is adhered to the second side of the first body by the adhesive and arranged in a repeating pattern defining a plurality of columns and a plurality of rows, each column of the plurality of columns being spaced apart from each neighboring column to define a plurality of longitudinally extending gaps between columns and each row of the plurality of rows being spaced apart from each neighboring row to define a plurality of laterally extending gaps between rows, wherein the second body is adhered to the first side of the first body by the adhesive, wherein the third body is adhered to the second side of the first body and to a back side of the plurality of substrates by the adhesive, wherein the first body and the second body and the third body are configured to fold in a lateral direction along the plurality of longitudinally extending gaps in an accordion-like manner and to contemporaneously fold in a longitudinal direction along the plurality of laterally extending gaps between rows in the accordion-like manner, wherein the partition contracts both laterally and longitudinally when first body, the second body, and the third body contemporaneously fold in both the lateral direction and the longitudinal direction, and
wherein the partition extends both laterally and longitudinally when the first body, the second body, and the third body contemporaneously unfold in both the lateral direction and the longitudinal direction.

10\. The partition of claim 9, wherein the flat geometric shape of each substrate is substantially identical to the flat geometric shape of each other substrate.

11\. The partition of claim 9, wherein a ratio of a lateral contraction of the partition to a longitudinal contraction of the partition is at least 2:1.

12\. The partition of claim 9, wherein the first body comprises a mylar material.

13\. The partition of claim 9, wherein each substrate of the plurality of substrates comprises a plexiglass material.

14\. The partition of claim 9, wherein the second body and the third body each comprise a leather material.

15\. The partition of claim 9, wherein the repeating pattern is printed on the second side of the first body.

16\. The partition of claim 9, wherein the first body has a configuration when unfolded that conforms with an opening associated with the partition.

17\. The partition of claim 9, wherein the repeating pattern comprises a herring bone pattern.

18\. The partition of claim 10, wherein the laterally extending gaps extend laterally in a zig-zag pattern. 12 13 14

OFFICE ACTION:
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 .
Specification
The disclosure is objected to because of the following informalities: Paragraph [0036] lacks proper punctuation in the last line.
Appropriate correction is required.
The use of the term Mylar® which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 9 is objected to for the following informality: The beginning of line 2 should read --a first body-- with “A” being lower case.
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 4 and 12 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.
Claims 4 and 12 contains the trademark/trade name Mylar®. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.  See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982).  The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product.  A trademark or trade name is used to identify a source of goods, and not the goods themselves.  Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name.  In the present case, the trademark/trade name is used to identify/describe the first body material and, accordingly, the identification/description is indefinite.
Allowable Subject Matter
Claims 1-3,5-11,13-18 are allowed.
Claims 4 and 12 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.
Conclusion

APPLICANT REBUTTAL: REMARKSClaim Status Claims 1-18 are pending in the present application, claims 1-3, 5-11, and 13-18 have been allowed, claims 4 and 12 have been rejected, and claim 9 has been objected to. By this paper, claims 4, 9, and 12 have been amended, no claims have been canceled, no new claims have been added, and no new matter has been introduced. Accordingly, claims 1-18 remain pending and under consideration. Favorable reconsideration is respectfully requested in light of the amendments presented above and the arguments presented below.ARGUMENTSResponse To Objections To The Specification The Office Action objected to the use of the term "mylar" in the specification for allegedly failing to respect a proprietary trademark. By this paper, Applicants have amended the use of that word in the specification by capitalizing the letter M and by using the "®" symbol following the trade name such that this word now appears in the specification as follows: "Mylar®".Applicants submit that this objection has been overcome and respectfully request that it be withdrawn.Response To Objections To The Claims The Office Action objected to claim 9 for having used a capital letter ("A") at the beginning of the first element. Applicants have amended claim 9 by deleting the capital "A" and inserting a lowercase letter "a" in its place.Applicants submit that this objection has been overcome and respectfully request that it be withdrawn.Response To The Office Action's Rejection Of Claims 4 And 12 Under 35 USC §112 The Office Action rejected claims 4 and 12 under 35 U.S.C. §112 for allegedly being indefinite and failing to particularly point out and distinctly claim the subject matter which the inventors regard as the invention. Applicants respectfully traverse this rejection.Specifically, the Office Action alleged that claims 4 and 12 each used the claim term "mylar" and that this is allegedly improper because this is a tradename. As explained in the Office Action, use of a tradename in a patent claim is not appropriate because a tradename identifies the source of goods rather than the goods itself. To expedite prosecution, Applicants have amended claims 4 and 12 by deleting the term "mylar" and by replacing it with a definition well known in the art of the material marketed under the tradename "Mylar®".Applicants submit that this rejection has now been overcome. Accordingly, Applicants respectfully request that this rejection be withdrawn. Applicants further submit that the rejected claims are now in condition for allowance and respectfully request a notice to that effect.CONCLUSIONIn view of Applicant's amendments and remarks, it is respectfully submitted that Examiner's rejections have been overcome. Accordingly, Applicants respectfully submit that the application, as amended, is now in condition for allowance, and such allowance is therefore earnestly requested. Should the Examiner have any questions or wish to further discuss this application, Applicants request that the Examiner contact the Applicants' attorneys at 480-385-5060.If for some reason Applicants have not requested a sufficient extension and/or have not paid a sufficient fee for this response and/or for the extension necessary to prevent abandonment on this application, please consider this as a request for an extension for the required time period and/or authorization to charge Deposit Account No. 50-2091 for any fee which may be due.Respectfully submitted, Dated: 5 March 2025

NEXT OFFICE ACTION: 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 .
Allowable Subject Matter
Claims 1-18 are allowed.
The following is an examiner’s statement of reasons for allowance: As indicated in the previous office action, the claims are allowable over the closest prior art of record and the claims have been amended to overcome the rejections made under 35 USC 112.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

CITED REFERENCE SUMMARIES: Ref US2132272A: [content unavailable]
Ref US11433986B2: Claims:
A movable barrier, comprising: a frame having a first side and a second side parallel to the first side, wherein the first side and the second side are planar; a first exterior panel connected to the first side of the frame and comprising: a first non-planar profile; and a first plurality of perforations; a second exterior panel connected to the second side of the frame and comprising: a second non-planar profile; and a second plurality of perforations; a cavity defined between the first exterior panel and the second exterior panel; and a liner disposed within the cavity and configured to: deform when an air pressure differential acting on a first side of the liner exceeds a first pressure differential threshold and allow increased airflow through the movable barrier.
a frame having a first side and a second side parallel to the first side, wherein the first side and the second side are planar;
a first exterior panel connected to the first side of the frame and comprising: a first non-planar profile; and a first plurality of perforations;
a first non-planar profile; and
a first plurality of perforations;
a second exterior panel connected to the second side of the frame and comprising: a second non-planar profile; and a second plurality of perforations;
a second non-planar profile; and
a second plurality of perforations;
a cavity defined between the first exterior panel and the second exterior panel; and
a liner disposed within the cavity and configured to: deform when an air pressure differential acting on a first side of the liner exceeds a first pressure differential threshold and allow increased airflow through the movable barrier.
The movable barrier of claim 1 , wherein the liner is affixed to one of the first side or the second side of the frame.
The movable barrier of claim 1 , wherein the liner is affixed to an inner side of the first exterior panel or the second exterior panel.
The movable barrier of claim 3 , wherein the liner is affixed to the inner side of the first exterior panel or the second exterior panel by one of a biasing mechanism or an adhesive.
The movable barrier of claim 1 , wherein the liner is porous.
The movable barrier of claim 1 , wherein a hinge mechanism retains the movable barrier to a supporting structure.
The movable barrier of claim 1 , wherein a latch mechanism is configured to secure the movable barrier to a supporting structure.
The movable barrier of claim 7 , wherein the latch mechanism comprises an electronic latch coupled to a plurality of pressure sensors configured to release the movable barrier when an air pressure differential on opposite sides of the movable barrier exceeds a second pressure differential threshold.
A movable barrier, comprising: a first exterior panel, comprising: a first inner side; a first outer side; a first non-planar profile; and a first plurality of perforations; a second exterior panel, comprising: a second inner side; a second outer side; a second non-planar profile; a second plurality of perforations, wherein: one or more portions of the first inner side of the first exterior panel are directly connected to one or more portions of the second inner side of the second exterior panel, and the first exterior panel and the second exterior panel form a structure of movable barrier; a plurality of cavities formed between the first exterior panel and the second exterior panel; and a plurality of liners disposed within the plurality of cavities and configured to: deform when an air pressure acting on a first side of the plurality of liners exceeds a first pressure differential threshold and allow increased airflow through the movable barrier.
a first exterior panel, comprising: a first inner side; a first outer side; a first non-planar profile; and a first plurality of perforations;
a first inner side;
a first outer side;
a second exterior panel, comprising: a second inner side; a second outer side; a second non-planar profile; a second plurality of perforations, wherein: one or more portions of the first inner side of the first exterior panel are directly connected to one or more portions of the second inner side of the second exterior panel, and the first exterior panel and the second exterior panel form a structure of movable barrier;
a second inner side;
a second outer side;
a second non-planar profile;
a second plurality of perforations,
wherein: one or more portions of the first inner side of the first exterior panel are directly connected to one or more portions of the second inner side of the second exterior panel, and the first exterior panel and the second exterior panel form a structure of movable barrier;
one or more portions of the first inner side of the first exterior panel are directly connected to one or more portions of the second inner side of the second exterior panel, and
the first exterior panel and the second exterior panel form a structure of movable barrier;
a plurality of cavities formed between the first exterior panel and the second exterior panel; and
a plurality of liners disposed within the plurality of cavities and configured to: deform when an air pressure acting on a first side of the plurality of liners exceeds a first pressure differential threshold and allow increased airflow through the movable barrier.
The movable barrier of claim 9 , wherein each liner of the plurality of liners is affixed to either the first inner side of the first exterior panel or the second inner side of the second exterior panel.
The movable barrier of claim 9 , wherein every liner of the plurality of liners is affixed to either the first inner side of the first exterior panel or the second inner side of the second exterior panel.
The movable barrier of claim 9 , wherein each liner of the plurality of liners is retained by a biasing mechanism.
The movable barrier of claim 9 , wherein each liner of the plurality of liners is porous.
The movable barrier of claim 9 , wherein a hinge mechanism attaches the movable barrier to an adjacent wall or structure.
The movable barrier of claim 9 , wherein: the first exterior panel is comprised of a plurality of subpanels connected by a first plurality of joints; and the second exterior panel is comprised of a plurality of subpanels connected by a second plurality of joints.
the first exterior panel is comprised of a plurality of subpanels connected by a first plurality of joints; and
the second exterior panel is comprised of a plurality of subpanels connected by a second plurality of joints.
The movable barrier of claim 15 , wherein the movable barrier is foldable.
The movable barrier of claim 9 , wherein a latch mechanism is configured to secure the movable barrier to a supporting structure.
The movable barrier of claim 17 , wherein the latch mechanism comprises an electronic latch coupled to a plurality of pressure sensors configured to release the movable barrier when an air pressure differential on opposite sides of the movable barrier exceeds a second pressure differential threshold.
A movable barrier, comprising: a frame having a first side and a second side parallel to the first side; a first exterior panel connected to the first side of the frame and comprising: a first non-planar profile, wherein the first non-planer profile comprises a corrugated profile comprising a first plurality of alternating ridges and grooves; and a first plurality of perforations; a second exterior panel connected to the second side of the frame and comprising: a second non-planar profile, wherein the second non-planar profile comprises the corrugated profile comprising a second plurality of alternating ridges and grooves; and a second plurality of perforations; a cavity defined between the first exterior panel and the second exterior panel; and a liner disposed within the cavity and configured to: deform when an air pressure differential acting on a first side of the liner exceeds a pressure differential threshold and allow increased airflow through the movable barrier.
a frame having a first side and a second side parallel to the first side;
a first exterior panel connected to the first side of the frame and comprising: a first non-planar profile, wherein the first non-planer profile comprises a corrugated profile comprising a first plurality of alternating ridges and grooves; and a first plurality of perforations;
a first non-planar profile, wherein the first non-planer profile comprises a corrugated profile comprising a first plurality of alternating ridges and grooves; and
a second exterior panel connected to the second side of the frame and comprising: a second non-planar profile, wherein the second non-planar profile comprises the corrugated profile comprising a second plurality of alternating ridges and grooves; and a second plurality of perforations;
a second non-planar profile, wherein the second non-planar profile comprises the corrugated profile comprising a second plurality of alternating ridges and grooves; and
a liner disposed within the cavity and configured to: deform when an air pressure differential acting on a first side of the liner exceeds a pressure differential threshold and allow increased airflow through the movable barrier.
A movable barrier, comprising: a first exterior panel, comprising: a first inner side; a first outer side; a first non-planar profile; and a first plurality of perforations; a second exterior panel, comprising: a second inner side; a second outer side; a second non-planar profile; a second plurality of perforations, wherein: the first non-planer profile comprises a first corrugated profile comprising a first plurality of alternating ridges and grooves, the second non-planar profile comprises a second corrugated profile comprising a second plurality of alternating ridges and grooves, and one or more portions of the first inner side of the first exterior panel are connected to one or more portions of the second inner side of the second exterior panel; a plurality of cavities formed between the first exterior panel and the second exterior panel; and a plurality of liners disposed within the plurality of cavities and configured to: deform when an air pressure acting on a first side of the plurality of liners exceeds a pressure differential threshold and allow increased airflow through the movable barrier.
a second exterior panel, comprising: a second inner side; a second outer side; a second non-planar profile; a second plurality of perforations, wherein: the first non-planer profile comprises a first corrugated profile comprising a first plurality of alternating ridges and grooves, the second non-planar profile comprises a second corrugated profile comprising a second plurality of alternating ridges and grooves, and one or more portions of the first inner side of the first exterior panel are connected to one or more portions of the second inner side of the second exterior panel;
wherein: the first non-planer profile comprises a first corrugated profile comprising a first plurality of alternating ridges and grooves, the second non-planar profile comprises a second corrugated profile comprising a second plurality of alternating ridges and grooves, and one or more portions of the first inner side of the first exterior panel are connected to one or more portions of the second inner side of the second exterior panel;
the first non-planer profile comprises a first corrugated profile comprising a first plurality of alternating ridges and grooves,
the second non-planar profile comprises a second corrugated profile comprising a second plurality of alternating ridges and grooves, and
one or more portions of the first inner side of the first exterior panel are connected to one or more portions of the second inner side of the second exterior panel;
a plurality of liners disposed within the plurality of cavities and configured to: deform when an air pressure acting on a first side of the plurality of liners exceeds a pressure differential threshold and allow increased airflow through the movable barrier.
Ref US4597549A: Claims:
An aircraft cabin divider, comprising: a pair of bulkheads aligned substantially parallel respective each other and spaced a distance apart so as to form both a hollow therebetween and an entrance to said hollow; and a door, one end of which is fixed about the entrance to said hollow so as not to block access thereto, said door comprising a series of panels pivotally connected one to another by joining means; whereby the end of said door opposite said one end may pass through said entrance and within said hollow while drawing therebehind the substantial remainder of said door thereby substantially concealing said door within said pair of bulkheads and wherein said door may thereafter be withdrawn from said hollow, said panels passing through said entrance upon exiting in the opposite order from which they entered.
An aircraft cabin divider, comprising a double-bulkhead; a vertical wrapping-post mounted within said double-bulkhead at a point substantially about the inboard edge of said double bulkhead; and a door comprising a finite series of contiguous parallel vertical panels connected one to another by flexible fastening means, said vertical panels forming a planar surface when said door is extended; wherein a first one of said vertical panels is secured about one edge of said vertical wrapping post, and wherein the space between said double-bulkheads is wide enough to accomodate the combined widths of said vertical wrapping-post and the width of individual ones of said vertical panels and is deep enough to substantially accommodate the extended length of said door, whereby a substantially last one of said vertical panels may lead the traversal of said door within the double bulkheads as said door is placed in its open configuration and may trail the traversal of said door without the double bulkheads as said door is placed in its closed configuration.
Ref US9540874B2: Claims:
A covering for an architectural opening comprising: a panel comprising: a support sheet; and at least one cell operably connected to the support sheet and comprising: a vane material operably connected to a first side of the support sheet; and a cell support member operably connected to the vane material and configured to support the vane material at a distance away from the support sheet when the panel is in an extended position; wherein the cell support member is resilient so as to allow the at least one cell to at least partially collapse when the panel is retracted, and to spring or bias the at least one cell to an open configuration when the panel is extended.
a panel comprising: a support sheet; and at least one cell operably connected to the support sheet and comprising: a vane material operably connected to a first side of the support sheet; and a cell support member operably connected to the vane material and configured to support the vane material at a distance away from the support sheet when the panel is in an extended position;
a support sheet; and
at least one cell operably connected to the support sheet and comprising: a vane material operably connected to a first side of the support sheet; and a cell support member operably connected to the vane material and configured to support the vane material at a distance away from the support sheet when the panel is in an extended position;
a vane material operably connected to a first side of the support sheet; and
a cell support member operably connected to the vane material and configured to support the vane material at a distance away from the support sheet when the panel is in an extended position;
the cell support member is resilient so as to allow the at least one cell to at least partially collapse when the panel is retracted, and to spring or bias the at least one cell to an open configuration when the panel is extended.
The covering of claim 1 , wherein the cell support member is formed of a thermoformable material.
The covering of claim 1 , further comprising a support tube, wherein: the panel is operably connected to the support tube and configured to be wound around the support tube; and the cell support member comprises an arc of curvature that is substantially the same as an arc of curvature of the support tube.
the panel is operably connected to the support tube and configured to be wound around the support tube; and
the cell support member comprises an arc of curvature that is substantially the same as an arc of curvature of the support tube.
The covering of claim 1 , wherein the vane material and the cell support member are integrally formed together.
The covering of claim 1 , wherein an arc of curvature of the cell support member is modified by reforming the cell support member.
The covering of claim 1 , wherein the cell support member is positioned adjacent and extends along a crease of the vane material.
The covering of claim 1 , wherein the cell support member extends along an inner surface of the vane material.
The covering of claim 1 , wherein in the open configuration the at least one cell defines a chamber between the support sheet and the cell support member.
The covering of claim 8 , wherein the at least one cell is configured to substantially collapse, substantially decreasing a size of the chamber, when the panel is in a retracted position.
The covering of claim 1 , further comprising: a support tube to which the panel is connected; and a motor drive system operably associated with the support tube to rotate the support tube to retract the panel around the tube; wherein: the cell support member includes a thermoformable layer operably associated with the vane material and having a curvature; the at least one cell is configured to expand upon extension of the panel from the support tube such that the support sheet and the cell support member are spaced apart for at least a portion of the cell height to form a chamber; and the at least one cell is configured to collapse upon retraction onto the support tube, decreasing the size of the chamber.
a support tube to which the panel is connected; and
a motor drive system operably associated with the support tube to rotate the support tube to retract the panel around the tube;
wherein: the cell support member includes a thermoformable layer operably associated with the vane material and having a curvature; the at least one cell is configured to expand upon extension of the panel from the support tube such that the support sheet and the cell support member are spaced apart for at least a portion of the cell height to form a chamber; and the at least one cell is configured to collapse upon retraction onto the support tube, decreasing the size of the chamber.
the cell support member includes a thermoformable layer operably associated with the vane material and having a curvature;
the at least one cell is configured to expand upon extension of the panel from the support tube such that the support sheet and the cell support member are spaced apart for at least a portion of the cell height to form a chamber; and
the at least one cell is configured to collapse upon retraction onto the support tube, decreasing the size of the chamber.
The covering of claim 10 , wherein: the motor drive system includes a motor drive mechanism operably associated with the support tube to selectively rotate the support tube; and the motor drive mechanism is controlled to retract or extend the panel from the support tube.
the motor drive system includes a motor drive mechanism operably associated with the support tube to selectively rotate the support tube; and
the motor drive mechanism is controlled to retract or extend the panel from the support tube.
The covering of claim 11 wherein the motor drive mechanism is manually controlled by a user.
the motor drive mechanism is manually controlled by a user.
The covering of claim 11 w
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