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, 2, 3, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Walker et al. in US Patent 5911493 in view of Chang in US Patent 7000624.
Regarding Claim 1, Walker teaches an outdoor umbrella with a light effect, comprising an umbrella stand (12) which is covered with umbrella cloth (“a canopy supported on the ribs” – see Column 1, line 8), wherein the umbrella stand comprises an umbrella plate assembly (14) and a plurality of umbrella rib assemblies (16/30) in fit with the umbrella plate assembly; the umbrella rib assembly comprises a plurality of umbrella rib units (16), wherein at least one of the umbrella rib units is provided with a light groove (30) along a length direction, a light assembly (32) comprises a light-emitting body (the “sources of light” – Column 2, line 32) and a light-transmissive tube wrapping (the “synthetic plastics material” – Column 2, line 30)) on an outer side of the light-emitting body, the light-transmissive tube is used for being completely or partially embedded into the light groove, and the light-transmissive tube is arranged along the length direction of the umbrella rib unit, wherein the outdoor umbrella comprises a second end cap (34) located at a second end of the umbrella rib unit, the second end cap is hinged with the umbrella plate assembly, the second end cap is provided with a threading hole (through which 32 extends) or a threading groove to facilitate the light-emitting body to extend outwards.
Walker is silent on the use of a first end cap or solar panel. Chang teaches an umbrella including an umbrella stand (201) which is covered with umbrella cloth (101), wherein the umbrella stand comprises an umbrella plate assembly (203) and a plurality of umbrella rib assemblies (202/204) in fit with the umbrella plate assembly; the umbrella rib assembly comprises a plurality of umbrella rib units (202), wherein at least one of the umbrella rib units is provided with a light groove (301) along a length direction, a light assembly (303) comprises a light-emitting body (305), and wherein the outdoor umbrella comprises a first end cap (307) located at a first end of the umbrella rib unit, the first end cap is away from the umbrella plate assembly and is a blind hole structure, wherein the outdoor umbrella comprises a solar panel (102), the umbrella plate assembly comprises an upper part, the umbrella cloth covers the upper part of the umbrella plate assembly, the solar panel is installed at the upper part of the umbrella plate assembly and protrudes from the umbrella cloth covering the upper part (See Fig. 1). 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 Walker by adding a first end cap and a solar panel as taught by Chang in order to prevent contamination into the outer ends of the ribs and to provide portable and renewable energy to the device.
Regarding Claim 2, Walker, as modified, teaches that one end of the light-emitting body is connected to one of terminal parts (24) through wires (“wires which run through the extrusion” – Column 2, line 33), each of the terminal part is used for being in conductive butt joint with one of terminal bases (the wires within 14), and the terminal bases are located on a master control part (14); the terminal bases are arranged on the master control part, and each of the terminal base is used for being in fit with the corresponding terminal part.
Regarding Claim 3, Walker, as modified, teaches that the master control part is used for being in fit with the umbrella plate assembly for installation, and a power module (the “power source” – see Claim 2) is further conductively connected to the master control part.
Regarding Claim 6, Walker, as modified, teaches that a groove opening of the light groove is formed downwards (see Fig. 1), the light groove comprises a groove cavity body and clamping protruding edges, the clamping protruding edges are located at two sides of an opening of the groove cavity body, and the clamping protruding edges at the two sides are used for limiting the light-transmissive tube.
Claims 1-4, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li in US Patent 6598990.
Regarding Claim 1, Li teaches an outdoor umbrella with a light effect, comprising an umbrella stand (30) which is covered with umbrella cloth (1A), wherein the umbrella stand comprises an umbrella plate assembly (11) and a plurality of umbrella rib assemblies (32) in fit with the umbrella plate assembly; the umbrella rib assembly comprises a plurality of umbrella rib units (13b), wherein at least one of the umbrella rib units is provided with a light groove (41b) along a length direction, a light assembly comprises a light-emitting body (321B) and a light-transmissive tube (322B) wrapping on an outer side of the light-emitting body, the light-transmissive tube (see Fig. 6) is used for being completely or partially embedded into the light groove, and the light-transmissive tube is arranged along the length direction of the umbrella rib unit, wherein the outdoor umbrella comprises a second end cap (332) located at a second end of the umbrella rib unit, the second end cap is hinged with the umbrella plate assembly, the second end cap is provided with a threading hole or a threading groove to facilitate the light-emitting body to extend outwards (through which 312 extends) and that the outdoor umbrella comprises a solar panel see Column 5, line 61-Column 6, line 7) but is silent on the use of a first end cap or details of the solar panel.
Li is silent on the use of a first end cap or solar panel. Chang teaches an umbrella including an umbrella stand (201) which is covered with umbrella cloth (101), wherein the umbrella stand comprises an umbrella plate assembly (203) and a plurality of umbrella rib assemblies (202/204) in fit with the umbrella plate assembly; the umbrella rib assembly comprises a plurality of umbrella rib units (202), wherein at least one of the umbrella rib units is provided with a light groove (301) along a length direction, a light assembly (303) comprises a light-emitting body (305), and wherein the outdoor umbrella comprises a first end cap (307) located at a first end of the umbrella rib unit, the first end cap is away from the umbrella plate assembly and is a blind hole structure, wherein the outdoor umbrella comprises a solar panel (102), the umbrella plate assembly comprises an upper part, the umbrella cloth covers the upper part of the umbrella plate assembly, the solar panel is installed at the upper part of the umbrella plate assembly and protrudes from the umbrella cloth covering the upper part (See Fig. 1). 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 Li by adding a first end cap and a solar panel as taught by Chang in order to prevent contamination into the outer ends of the ribs and to provide portable and renewable energy to the device.
Regarding Claim 2, Li, as modified, teaches that one end of the light-emitting body is connected to one of terminal parts (331) through wires (312), each of the terminal part is used for being in conductive butt joint with one of terminal bases (332), and the terminal bases are located on a master control part (311); the terminal bases are arranged on the master control part, and each of the terminal base is used for being in fit with the corresponding terminal part.
Regarding Claim 3, Li, as modified, teaches that the master control part is used for being in fit with the umbrella plate assembly for installation, and a power module (341) is further conductively connected to the master control part.
Regarding Claim 4, Li, as modified, teaches that the power module comprises the solar panel and a power storage module electrically connected to the solar panel (see Column 5, line 61-Column 6, line 7).
Regarding Claim 6, Li, as modified, teaches that a groove opening of the light groove is formed downwards (see Fig. 5), the light groove comprises a groove cavity body and clamping protruding edges, the clamping protruding edges are located at two sides of an opening of the groove cavity body, and the clamping protruding edges at the two sides are used for limiting the light-transmissive tube.
Regarding Claim 7, Li, as modified, teaches a diagonal brace (A), wherein one end of the diagonal brace is in fit with the umbrella plate assembly, and an other end of the diagonal brace is in fit with an umbrella column (211); the diagonal brace is provided with the light groove, and the light assembly is arranged in the light groove in a fitting manner (see B).
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Claims 5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Walker as applied to Claims 1 and 3 above in view of Tu in US Patent 5502624. Walker teaches that the light-transmissive tube is one of a flexible matte hollow tube, a flexible bright hollow tube (“synthetic plastics material”), a rigid matte hollow tube, or a rigid bright hollow tube and that the light-emitting body in the light-transmissive tube is a single wire light string, and a plurality of lamp beads are arranged in the single wire light string. Tu teaches an outdoor umbrella with a light effect and a power module, wherein the power module comprises a battery holder (14) and a battery module (15) detachably installed on the battery holder, and the battery holder is used for being in fit with an umbrella rib assembly or an umbrella column (7) for installation. Tu further teaches an outdoor umbrella with the light effect including a light-emitting body (3) that employs LED (“light emitting diodes” – see Abstract) copper wire (see Abstract – “copper wires”) light strings, wherein the light-emitting body in the light-transmissive tube is a single LED copper wire light string (31’). 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 Walker by using copper wires and LED light sources as taught by Tu in order to provide a low-energy and high-illumination light source and by using a power module with a battery in order to allow the user to operate the device on the go.
Response to Arguments
Applicant's arguments filed 7/30/225 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 and the new limitations therein have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636