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 specification received 3/5/2026 is accepted.
Drawings
The drawings dated 3/5/2026 are accepted.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220372764) in view of Header (US 8925258).
Regarding claim 1, Wang teaches an outdoor awning, comprising: a ceiling, as a sunshade main body (as is shown in fig. 1), comprising:
a frame structure (3) and a plurality of louvers (1s) disposed on the frame structure, wherein the louvers are rotatably installed on the frame structure (paragraph 34), rotation axes of the louvers are parallel to length directions thereof (see figs. 1 and 3), and connecting rods (linkage bars 15, paragraph 43) are disposed at end portions of the louvers to achieve linkage;
a driving mechanism (11), installed on the ceiling and connected to one of the louvers to drive the one of the louvers to rotate (fig. 2);
support legs (2s), fixed on side walls of the ceiling for supporting the ceiling (fig. 2); and
tensioning mechanisms (9s), fixed on the side walls of the ceiling, wherein the support legs are provided with insertion holes, (800s) into which the tensioning mechanisms can be inserted to achieve tensioning and fixation.
Wang does not explicitly teach that each of the tensioning mechanisms comprises a first tensioning block, a second tensioning block, a locking bolt and a locking nut, the first tensioning block is fixed on one of the side walls of the ceiling, each of the first tensioning block and the second tensioning block is provided with a vertically extending elongated hole, the locking bolt passes through the vertically extending elongated hole of the first tensioning block and the vertically extending elongated hole of the second tensioning block sequentially from top to bottom and is connected to the locking nut located below the second tensioning block, the locking nut is in sliding fit with the corresponding support leg, and a contact surface between the first tensioning block and the second tensioning block is an inclined surface.
Header teaches a closure device with a tensioning mechanism (10) that comprises a first tensioning block (13 on right in fig. 6), a second tensioning block (27), a locking bolt (17) and a locking nut (13 on the left in fig. 6 is considered the locking nut), the first tensioning block is fixed on a side wall,
each of the first tensioning block and the second tensioning block is provided with an elongated hole (see figs. 5-6), the locking bolt (17) passes through the elongated hole of the first tensioning block (fig. 4) and the elongated hole of the second tensioning block (fig. 4) sequentially from top to bottom (the direction is considered top to bottom) and is connected to the locking nut (400), the locking nut is in sliding fit with a support leg (15 is considered as support leg), and a contact surface between the first tensioning block and the second tensioning block is an inclined surface (fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify the tensioning mechanisms of Wang with the teachings of Header so that each of the tensioning mechanisms comprises a first tensioning block, a second tensioning block, a locking bolt and a locking nut, the first tensioning block is fixed on one of the side walls of the ceiling, each of the first tensioning block and the second tensioning block is provided with an elongated hole, the locking bolt passes through the elongated hole of the first tensioning block and the elongated hole of the second tensioning block sequentially from top to bottom and is connected to the locking nut, the locking nut is in sliding fit with the corresponding support leg, and a contact surface between the first tensioning block and the second tensioning block is an inclined surface. This alteration provides the predictable and expected results of the tensioning mechanisms being adjustable, providing more customization to a user.
The examiner notes that after this modification, the elongated holes are vertically extending and the locking nut is located below the second tensioning block.
Regarding claim 4, modified Wang teaches that each of the support legs is provided with the at least two tensioning mechanisms, which are located on different planes (see fig. 8).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220372764) in view of Header (US 8925258) as applied above, and further in view of Gahler (US 3791076).
Regarding claim 3, modified Wang does not teach that side walls of the first tensioning blocks and/or the second tensioning blocks are provided with serrated edges.
Gahler teaches components with side walls that are provided with serrated edges (38). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further modify Wang so that side walls of the first tensioning blocks and/or the second tensioning blocks are provided with serrated edges. This alteration provides the predictable and expected results of provided better grip between the components (column 2 lines 52-57 of Gahler).
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220372764) in view of Header (US 8925258) as applied above, and further in view of Wagaman (US 20210363752).
Regarding claim 6, modified Wang teaches that the frame structure (3) comprises two first cross beams disposed in parallel (the ones perpendicular to the louvers), and second cross beams (the ones parallel to the louvers) are fixed to two ends of the first cross beams so as to form the frame structure (as is shown in fig. 1), which is rectangular; but does not explicitly teach that each of the first cross beams is provided with a strip-shaped protrusion along a length direction for formation of a mounting portion, the mounting portion is provided with mounting grooves, the mounting grooves are formed equidistantly along a length direction of the mounting portion, and mounting bases are disposed inside the mounting grooves; and hinge shafts are disposed at the end portions of the louvers, and the hinge shafts are sleeved inside shaft holes of the mounting bases to achieve rotary connection.
Wagaman teaches an awning with a frame (fig. 11) with each of the first cross beams (52) is provided with a strip-shaped protrusion (52A) along a length direction for formation of a mounting portion, the mounting portion is provided with mounting grooves (52A4, fig. 10), the mounting grooves are formed equidistantly along a length direction of the mounting portion, and mounting bases (52A2) are disposed inside the mounting grooves; and hinge shafts (44) are disposed at the end portions of the louvers, and the hinge shafts are sleeved inside shaft holes (formed by the mounting grooves of elements 52A and 54) of the mounting bases to achieve rotary connection.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wang so that each of the first cross beams is provided with a strip-shaped protrusion along a length direction for formation of a mounting portion, the mounting portion is provided with mounting grooves, the mounting grooves are formed equidistantly along a length direction of the mounting portion, and mounting bases are disposed inside the mounting grooves; and hinge shafts are disposed at the end portions of the louvers, and the hinge shafts are sleeved inside shaft holes of the mounting bases to achieve rotary connection.
This alteration provides the predictable and expected results of a known and secure connection that allows rotation of the louvers with minimal friction.
Regarding claim 7, modified Wang teaches that the strip-shaped protrusions are provided with strip-shaped clamping strips (54) for limiting the hinge shafts.
Regarding claim 8, modified Wang does not teach that the louvers, the frame structure and the support legs are all made of aluminum profiles. Wagaman teaches components of an awning system that are made of aluminium profiles (paragraph 39 and 47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wang so that that the louvers, the frame structure and the support legs are all made of aluminum profiles. This alteration provides the predictable and expected results of using a cheap, durable, and easy to form material that is lightweight.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220372764) in view of Header (US 8925258) as applied above, and further in view of Geriavenko (US 20210332587).
Regarding claim 9, modified Wang does not explicitly teach that each of the plurality of louvers comprises a louver body with a rectangular cross section; a bottom surface of the louver body extends forward for formation of a first shielding portion, an end portion of the first shielding portion is bent upward for formation of a second shielding portion, and an end portion of the second shielding portion is bent backward for formation of a third shielding portion; a first shielding area is defined by the first shielding portion, the second shielding portion and the third shielding portion; a top surface of the louver body extends backward for formation of a fourth shielding portion, and an end portion of the fourth shielding portion is bent downward for formation of a fifth shielding portion; and when in a shielding station, the fifth shielding portion is located in the first shielding area of the adjacent louvers and is configured to shield an interstice between the two adjacent louvers.
Geriavenko teaches a louver that comprises a louver body with a rectangular cross section (fig. 6c); a bottom surface of the louver body extends forward for formation of a first shielding portion (see annotated fig. below), an end portion of the first shielding portion is bent upward for formation of a second shielding portion, and an end portion of the second shielding portion is bent backward for formation of a third shielding portion; a first shielding area is defined by the first shielding portion, the second shielding portion and the third shielding portion; a top surface of the louver body extends backward for formation of a fourth shielding portion, and an end portion of the fourth shielding portion is bent downward for formation of a fifth shielding portion; and when in a shielding station, the fifth shielding portion is located in the first shielding area of the adjacent louvers and is configured to shield an interstice between the two adjacent louvers (when the louvers are connected).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wang so that each of the plurality of louvers comprises a louver body with a rectangular cross section; a bottom surface of the louver body extends forward for formation of a first shielding portion, an end portion of the first shielding portion is bent upward for formation of a second shielding portion, and an end portion of the second shielding portion is bent backward for formation of a third shielding portion; a first shielding area is defined by the first shielding portion, the second shielding portion and the third shielding portion; a top surface of the louver body extends backward for formation of a fourth shielding portion, and an end portion of the fourth shielding portion is bent downward for formation of a fifth shielding portion; and when in a shielding station, the fifth shielding portion is located in the first shielding area of the adjacent louvers and is configured to shield an interstice between the two adjacent louvers.
This alteration provides the predictable and expected results of the louvers being able to fit together in a way to mitigate light filtering between them.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220372764) in view of Header (US 8925258) as applied above, and further in view of Volin (US 10851544).
Regarding claim 10, modified Wang teaches that each of the support legs comprises a support leg body with a rectangular cross section, but does not teach that inner walls of the support leg body are provided with parallel strip-shaped clamping strips, the length directions of the strip-shaped clamping strips are parallel to the length direction of the support leg body, end portions of the strip-shaped clamping strips are bent in opposite directions for formation of a limiting portion, the insertion holes are formed between the limiting portion and the strip-shaped clamping strips, and the at least two insertion holes are available and reserved in the two adjacent inner walls of the support leg body.
Volin teaches support legs for an awning (fig. 2Q) with inner walls of the support leg body that are provided with parallel strip-shaped clamping strips (t-shaped elements on the side of slots 135), the length directions of the strip-shaped clamping strips are parallel to the length direction of the support leg body, end portions of the strip-shaped clamping strips are bent in opposite directions for formation of a limiting portion (the top of the “Ts”), with insertion holes (135s) that are formed between the limiting portion and the strip-shaped clamping strips, and at least two insertion holes are available and reserved in the two adjacent inner walls of the support leg body (fig. 2Q).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wang with teachings of Volin so that inner walls of the support leg body are provided with parallel strip-shaped clamping strips, the length directions of the strip-shaped clamping strips are parallel to the length direction of the support leg body, end portions of the strip-shaped clamping strips are bent in opposite directions for formation of a limiting portion, the insertion holes are formed between the limiting portion and the strip-shaped clamping strips, and the at least two insertion holes are available and reserved in the two adjacent inner walls of the support leg body. This alteration provides the predictable and expected results of a more secure connection due to eliminating an intermediate part between the legs and the frame members.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220372764) in view of Header (US 8925258) as applied above, and further in view of Pan (US 20170335595).
Regarding claim 13, modified Wang does not explicitly teach a connecting assembly fixedly connected to a wall surface is disposed at one side of the frame structure, the connecting assembly comprises a fixing plate fixedly connected to the wall surface by means of expansion bolts and a connecting seat fixedly connected to the fixing plate by means of connecting bolts, and the connecting seat is fixed on the frame structure by means of bolts or rivets.
Pan teaches an outdoor shelter with a connecting assembly (figs. 13-14) fixedly connected to a surface is disposed at one side of the frame structure, the connecting assembly comprises a fixing plate (28) fixedly connected to the surface by means of expansion bolts (paragraph 69) and a connecting seat (29) fixedly connected to the fixing plate by means of connecting bolts (98), and the connecting seat is fixed on the frame structure (10b) by means of bolts or rivets (fig. 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wang so that there is a connecting assembly fixedly connected to a wall surface is disposed at one side of the frame structure, the connecting assembly comprises a fixing plate fixedly connected to the wall surface by means of expansion bolts and a connecting seat fixedly connected to the fixing plate by means of connecting bolts, and the connecting seat is fixed on the frame structure by means of bolts or rivets. This alteration provides the predictable and expected results of a secure means of fixing the structure so keep it in place.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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 MATTHEW R SHEPHERD whose telephone number is (571)272-5657. The examiner can normally be reached M-F 8-5 EST.
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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.
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/M.S./Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634