DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/24/2024 has been entered.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Halstrick (U.S. Patent No. 4,342,397).
Regarding claim 11, Halstrick discloses a structure capable of outdoor use (Fig. 1), comprising a front beam (14); a back beam (14) opposite the front beam; a first side beam (11); a second side beam (11) opposite the first side beam; a plurality of posts (10), each post coupled to at least one of the front beams (14), the back beam (14), the first side beam (11), and the second side beam (11); and a rod support (40, Fig. 3) coupled to at least one of the plurality of posts (10), the rod support including a support level having a concave surface (approximate 46) configured to cradle a rod.
Allowable Subject Matter
Claims 1-4 and 9-10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or suggest an outdoor structure having front, back, first side and second side beams, a plurality of post, a panel support coupled to one of the post and including a first face and second face opposite the first face, the second face including a plurality of vertically aligned support levels each having first and second lips extending laterally in opposite directions from each support level as recited in claim 1 in its entirety.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
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