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 § 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.
Claims 1, 11-13, 20, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Baka in US Patent 5558145 in view of Faludy et al. in US Publication 2005/0039861 and McKenna in US Publication 2010/0180922.
Regarding Claim 1, 11, 12, and 13, Baka teaches a camping awning mountable to a vehicle at (18) or above head-height (the roof of the vehicle will be above head-height), the camping awning comprising: a core having a cylinder (20) extending between a pair of spaced ends (54) of the core; an awning sheet (12) adapted to be returned onto the core in a storage state (Fig. 8), the awning sheet also adapted to be paid out to present an upper surface of the awning sheet in an extended state (Fig. 1); at least one support pole (22) that supports a first end (the end connected to the core) of the awning sheet when the awning sheet is paid out, the at least one support pole being vertical relative to the ground when supporting the first end of the awning sheet; at least one channel configured to receive the at least one support pole for storage when the awning sheet is returned to the core (see the channel in which the poles are stored – Fig. 8); an entertainment rack comprising: a housing (14); with the core being stowed against an outside of the housing when the awning sheet is in the storage state and with the housing being adapted to support (at 32) a second end (13) of the awning sheet when the awning sheet is extended; and, a mounting channel (26) configured to removably mount the camping awning to the vehicle (via 19).
Baka is silent on the use of a hollow housing with speakers. Faludy teaches an awning with an awning sheet (30) and an entertainment rack with a housing (38/36) having an interior (see Fig. 7) within which speakers (44) and/or lighting (42) are physically mounted, wherein the entertainment rack is located, in an extended state (Fig. 1), under the awning sheet. Faludy also teaches the use of a power source (via 50) for powering the lighting and/or speakers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Baka by using a hollow housing as taught by Faludy in order to provide the means for playing music.
Baka, as modified, is silent on the use of solar panels on the awning. McKenna teaches a fabric awning sheet (12) with a solar charging device (14) thereon, the solar charging device: is configured to power a device (via 64), wherein the solar charging device is releasably attached (via 40) to the upper surface of the awning sheet is adapted to bend with the awning sheet (the panels and pockets are flexible); and covers by area at least 20% of the upper surface when the awning sheet is fully paid out, wherein the solar charging device is releasably attached to the awning sheet by a backing sheet (such as “base 62”) and wherein the flexible solar charging device is releasably attached to the awning sheet via pockets (40) on the upper surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the awning of Baka, as modified, by adding solar panels releaseably attached to the awning fabric via a backing plate and pockets as taught by McKenna in order to allow the user to take advantage of solar energy, to use the power generated thereby to power the devices of Baka, as modified, in order to utilize the power provided by the panels and to allow the awning sheet including the solar charging device to be fully returned onto the core in order to fully store the device when not in use.
Regarding Claim 20, Baka, as modified, teaches at least one lateral support pole (24) pivotably attached (at 56) to the entertainment rack, wherein the entertainment rack comprises a channel for receiving the at least one lateral support pole when the camping awning is in the storage state (see the channel in which the poles are stored – Fig. 8), and wherein a lateral side of the awning sheet is attachable (via the “removable fastener” – see Column 4, lines 23-24) to the lateral support pole when the camping awning is in the extended state.
Regarding Claim 24, Baka, as modified, teaches that the mounting channel extends along a length of the entertainment rack and comprises an elongate opening defined in a face of the entertainment rack and extending along a length of the mounting channel (through which 38 projects), wherein a height of the opening (the width of 38) is smaller than a height 9the width of 40) of the mounting channel within the entertainment rack, such that a mounting structure (19), when inserted into the mounting channel and attached to the vehicle to mount the camping awning to the vehicle, restricts movement of the camping awning transverse to a longitudinal axis of the mounting channel.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Baka, as modified, as applied to Claim 1 above in view of Cropper et al in US Publication 2019/0149085. Baka, as modified, is silent on the type of panels used. Cropper teaches a solar panel with a flexible solar charging device (201) wherein the flexible solar charging device includes a strip of material comprising ethylene tetrafluoroethylene (ETFE) (see paragraph 0056) or a copper indium gallium selenide solar cell (CIGS cell). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the solar panel of Baka, as modified, by using an ETFE panel as taught by Cropper in order to provide a durable panel.
Claims 2-8, 21, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Baka in US Patent 5558145 in view of Faludy et al. in US Publication 2005/0039861 and McKenna in US Publication 2010/0180922.
Regarding Claim 2, 3, and 21, Baka teaches a camping awning mountable to a vehicle (18), the camping awning having a storage state (Fig. 8) and an extended state (Fig. 1) and comprising: a core (20/54); an awning sheet (12) adapted to be retained about the core when the camping awning is in the storage state, the awning sheet having a first end that is attached to the core and a second end (toward 13) that is adapted to be extended from the core when the camping awning is in the extended state; at least one support pole (22) that supports the first end of the awning sheet when the awning sheet is extended, the at least one support pole being vertical relative to the ground when supporting the first end of the awning sheet; at least one channel configured to receive the at least one support pole for storage when the awning sheet is returned to the core (see the channel in which the poles are stored – Fig. 8); an entertainment rack comprising: a housing (14) wherein the core is stowed against an outside of the housing when the camping awning is in the storage state (Fig. 8) and a second end of the awing sheet is supported by the housing (at 32) when the camping awning is in the extended state, and a mounting channel (26) formed within the entertainment rack and configured to removably mount the camping awning to the vehicle (via 26).
Baka is silent on the use of a hollow housing with speakers. Faludy teaches an awning with an awning sheet (30) and an entertainment rack with a housing (38/36) having an interior (see Fig. 7) within which speakers (44) and/or lighting (42) are physically mounted, wherein the entertainment rack is located, in an extended state (Fig. 1), under the awning sheet. Faludy also teaches the use of a power source (via 50) for powering the lighting and/or speakers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Baka by using a hollow housing as taught by Faludy in order to provide the means for playing music.
Baka, as modified, is silent on the use of solar panels on the awning. McKenna teaches a fabric awning sheet (12) with a flexible solar charging device (14) thereon, the solar charging device: is configured to power a device (via 64), wherein the solar charging device is releasably attached (via 40) to the upper surface of the awning sheet is able to conform to the shape of the awning sheet (the panels and pockets are flexible); and covers by area at least 20% of the upper surface when the awning sheet is fully paid out, wherein the solar charging device is releasably attached to the awning sheet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the awning of Baka, as modified, by adding solar panels releaseably attached to the awning fabric via a backing plate and pockets as taught by McKenna in order to allow the user to take advantage of solar energy, to use the power generated thereby to power the devices of Baka, as modified, in order to utilize the power provided by the panels and to allow the awning sheet including the solar charging device to be fully returned onto the core in order to fully store the device when not in use.
Regarding Claim 4, Baka, as modified, teaches that the core is a bar (20) attached to an edge of the first end of the awning sheet.
Regarding Claim 5, Baka, as modified, teaches that the awning sheet is rolled or folded around the core when the camping awning is in the storage state (see Fig. 8).
Regarding Claim 6, Baka, as modified, teaches that the awning sheet is rolled or folded within the core when the camping awning is in the storage state (see Fig. 8).
Regarding Claim 7, Baka, as modified, teaches (see Column 4, lines 58-59) that the awning sheet is biased to return to the storage state.
Regarding Claim 8, Baka, as modified, teaches that the awning sheet is rolled or folded in the storage state (Fig. 8) and unrolled or unfolded in the extended state (Fig. 1).
Regarding Claim 25, Baka, as modified, teaches that the mounting channel extends along a length of the entertainment rack and comprises an elongate opening defined in a face of the entertainment rack and extending along a length of the mounting channel (through which 38 projects), wherein a height of the opening (the width of 38) is smaller than a height 9the width of 40) of the mounting channel within the entertainment rack, such that a mounting structure (19), when inserted into the mounting channel and attached to the vehicle to mount the camping awning to the vehicle, restricts movement of the camping awning transverse to a longitudinal axis of the mounting channel.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Baka, as modified, as applied to claim 1 above, and further in view of Wensing et al. in US Publication 2011/0304823. Baka, as modified, is silent on the details of the entertainment rack. Wensing teaches a camping awning with a core (1) having an entertainment rack comprising a housing (9), and that the entertainment rack includes an electronic control console (the “PC system” for controlling the speakers – see Paragraph 0019). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baka, as modified, by adding a control console to the entertainment rack as taught by Wensing in order to provide more entertainment options for the user and to allow the user to better control the device.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Baka, as modified, as applied to claim 2 above, and further in view of Wensing et al. in US Publication 2011/0304823. Baka, as modified, is silent on the details of the entertainment rack or a screen. Wensing teaches a camping awning with a core (1) having an entertainment rack comprising a housing (9), that the entertainment rack includes a projector (21) mounted in the entertainment rack and that the awning has an extension (19) to form a drop-sheet upon which then projector casts images (see paragraph 0021). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baka, as modified, by adding speakers and a projector to the entertainment rack as taught by Wensing in order to provide more entertainment options for the user and to include a drop-sheet as taught by Wensing in order to provide a place for the projector to cast images.
Response to Arguments
Applicant's arguments filed 9/16/2026 have been fully considered but they are not persuasive.
With respect to the applicant’s arguments regarding the Faludy device: it is acknowledged that Faludy teaches a different location for the hollow housing when the awning is deployed. However, Faludy is not relied upon to teach the structure of the awning itself: Baka plainly teaches that the housing and the core/cylinder are located on the vehicle as required by the claim. Faludy is only relied upon to teach the hollowness of the housing and the presence of speakers/lighting. Modifying the Baka reference to include these features does not change the location of the Baka housing, only that the housing now has the extra features of Faludy as well. Further, Faludy teaches that the “end caps” alleged by the applicant are plainly part of the housing: it is a unitary assembly during use, and therefore, the end caps are considered part of the housing, not separate components.
With respect to the applicant’s arguments regarding McKenna: McKenna plainly teaches that at least 20% of the upper surface of the shade is covered by the solar panels (best seen in Figs. 1 and 2 of the reference).
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
