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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/03/2025 has been entered.
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) 1-8, 10, 13-16, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. 5,407,007 – Lowrey in view of US Pat. 1,815,199 – Goldberg et al., hereinafter Goldberg.
Regarding claim 1.
Lowrey discloses an awning (fig 1), comprising:
an awning body (18, fig 1), the awning body including:
a reel (40, fig 2a);
an awning cover (16, fig 1);
a first swing arm (10, fig 5) including a first pivotable connection (54, fig 5) disposed on a first end of the first swing arm (Adjacent body 18, fig 5);
a second swing arm (10, fig 5) including a first pivotable connection (54, fig 5) disposed on a first end of the second swing arm (Adjacent body 18);
and an endbar (22, fig 5) connected to the first swing arm on the second end of the first swing arm (via pin 82, fig 5, see fig 1) and connected to the second swing arm on the second end of the second swing arm (via pin 82, fig 5, see fig 1), wherein
the awning cover is selectively attached (Shown attached in fig 1) between the reel and the endbar when the endbar is extended away from the awning body by the first swing arm and the second swing arm such that the awning cover can be detached from the awning (Cover is shown detached in fig 5).
Lowrey does not disclose a second pivotable connection disposed on a second end of the first swing arm; and
a second pivotable connection disposed on a second end of the second swing arm,
However, Goldberg teaches a swing arm (fig 1) including a first pivotable connection disposed on a first end (See vertical bolt connecting arm at 2, fig 1) of the swing arm and a second pivotable connection disposed on a second end (See vertical bolt connecting arm at 30, fig 1) of the swing arm.
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the awning of Lowrey with the pivoting connections of Goldberg. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing the retractable awning to retract in the conventional manner.
Regarding claim 2.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the awning body includes one or more supporting mounts (56, fig 2a).
Regarding claim 3.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the first swing arm (10, fig 5) and the second swing arm (10, fig 5) are connected to the awning body (18, fig 1) and the endbar (22, fig 1).
Regarding claim 4.
The combination of Lowrey and Goldberg teaches all limitations of claim 3.
Lowrey further discloses the first swing arm (10, fig 5) and the second swing arm (10, fig 5) are connected to a side of the endbar (22, fig 1) that is opposite to the side of the awning body (18, fig 1) to which the first swingarm and the second swingarm are connected, respectively (See fig 1).
Regarding claim 5.
The combination of Lowrey and Goldberg teaches all limitations of claim 4.
Lowrey further discloses the first swing arm (10, fig 5) and the second swingarm (10, fig 5) cross each other at an angle relative to each other in an extended position (See fig 5).
Regarding claim 6.
The combination of Lowrey and Goldberg teaches all limitations of claim 3.
Lowrey further discloses the first swing arm and the second swing arm are telescoping (Column 2, line 53; telescopic X-brace assembly).
Regarding claim 7.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the first swing arm and the second swing arm (10, fig 5) fold into the awning body (18, fig 5) when the endbar (22, fig 5) is not extended away from the awning body (See fig 8).
Regarding claim 8.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the first swing arm (10, fig 5) and the second swing arm (10, fig 5) are connected to the awning body (18, fig 1) and the endbar (22, fig 1) by their respective pivotable connections (54, fig 5).
Regarding claim 10.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the awning cover (16, fig 1) is connected to the endbar (22, fig 1) and the reel assembly (40, fig 2a).
Regarding claim 13.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses one or more support mounts (54, fig 2a) connected to the supporting mounts (56, fig 2a) on the awning body.
Regarding claim 14.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the first swing arm (10, fig 5), the second swing arm (10, fig 5), and the endbar (22, fig 1) support the awning canopy (16, fig 1) when the awning canopy is connected to the endbar and extended away from the awning body (See fig 1).
Regarding claim 15.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the awning cover (16, fig 1) is connected to the reel tube (40, fig 2a).
Regarding claim 16.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses a tensioning mechanism (Column 4, lines 37-38; Push the IN switch on electric switch box 29 to make canopy 16 taut.).
Regarding claim 19.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey further discloses the reel includes a reel controller (38, fig 2a).
Regarding claim 20.
The combination of Lowrey and Goldberg teaches all limitations of claim 19.
Heitel further discloses the reel controller (38, fig 2a) is accessible through an endcap (46, fig 2a).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Lowrey and Goldberg in view of Goldberg.
Regarding claim 9.
The combination of Lowrey and Goldberg teaches all limitations of claim 1.
Lowrey does not disclose comprising a support mount including an arcuate recess, the support mount adjusting an angle of the awning.
However, Goldberg teaches comprising a support mount including an arcuate recess (See near 2, fig 1), the support mount adjusting an angle of the awning.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lowrey and Goldberg with the arcuate recess of Goldberg. One of ordinary skill in the art would have been motivated to make this modification in order to allow for adjustment of the angle of the awning.
Claim(s) 11, 12, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Lowrey and Goldberg in view of US Pat. 5,848,629 – Baka.
Regarding claim 11.
The combination of Lowrey and Goldberg teaches all limitations of claim 10.
Lowrey does not disclose the reel includes a reel spring which applies torsion and retraction forces on the awning cover.
However, Baka teaches the reel includes a reel spring (50, fig 6) which applies torsion and retraction forces on the awning cover (Column 3, lines 25-27; The torsion spring 50 is preloaded to bias the roller 20 toward a retracted position with the awning 18 rolled thereon.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lowrey and Goldberg with the reel spring of Baka. One of ordinary skill in the art would have been motivated to make this modification in order to provide a consistent retraction bias to ease stowage of the awning.
Regarding claim 12.
The combination of Lowrey and Goldberg teaches all limitations of claim 10.
Lowrey does not disclose the awning further includes a locking lever.
However, Baka teaches the awning further includes a locking lever (84, fig 8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lowrey and Goldberg with the locking lever of Baka. One of ordinary skill in the art would have been motivated to make this modification in order to lock the awning in position.
Regarding claim 17.
The combination of Lowrey and Goldberg teaches all limitations of claim 16.
Lowrey does not disclose the tensioning mechanism includes a main gear and a working pawl driven by a lever.
However, Baka teaches the tensioning mechanism includes a main gear (74, fig 9) and a working pawl (78, fig 9) driven by a lever (84, fig 9).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lowrey and Goldberg with the tensioning mechanism of Baka. One of ordinary skill in the art would have been motivated to make this modification in order to provide for manual operation.
Regarding claim 18.
The combination of Lowrey, Goldberg, and Baka teaches all limitations of claim 17.
The combination, in Baka, further teaches the tensioning mechanism further includes a secondary pawl (80, fig 9).
Response to Arguments
Applicant's arguments filed 12/03/2025 have been fully considered but they are moot in light of the new grounds of rejection.
Applicant is correct in recognizing that recitations of “Goodman” in the office action of 09/03/2025 were typographical errors, and that Goldberg was intended to be cited.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN W HANES JR whose telephone number is (571)272-8840. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.W.H./Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
Prosecution Insights