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 § 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.
Claims 1, 3, 5, 6, 10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitsui JPS5475019.
Claim 1. Mitsui discloses a modular canopy system for installation on a supporting surface, the system comprising: a.
a center plate (1) comprising;
i. a canopy surface (3);
ii. a first substantially planar securing surface (5) extending at an acute angle from the canopy surface (3), wherein the canopy surface and the securing surface define a first securing portion (7, Fig.2) at a first end of the canopy surface (Fig.1) and a second securing portion at an opposing second end of the canopy surface (shown in the cross-sectional view in Fig.5); and
b. first and second securing plates (the top and bottom flange of element 7 in Fig.2a-b), each securing plate comprising
i. a substantially planar surface (top surface of top flange of 7 ) ;
ii. a canopy engagement portion extending from the planar surface (portion denoted 7’ in Fig.2a extending downward from top surface 3/7), the canopy engagement portion defining a receiving slot (Fig.2a) for receiving at least a portion of a respective first or second securing portion (8, Fig.4) therein; and
iii. a second substantially planar securing surface (denoted 7’ extending upward from 5/7) extending from the planar surface at an acute angle relative to the canopy engagement portion (note the angle A-B-C identified below),
wherein, when the first and second securing portions are receivable within the receiving slots of respective first and second securing plates (as illustrated in Fig.5) such that the first and second securing surfaces extend along a common plane (as shown in Fig.2).
Claim 3. Mitsui discloses the canopy surface is rectangular or square in shape (Fig.1).
Claim 5. Mitsui discloses the center plate comprises a rigid material (P.0002 discloses a metal plate).
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Claim 6. Mitsui discloses when the first and second securing portions are received within the receiving slots of respective first and second securing plates (Fig.5), each securing plate extends from the center plate at an acute angle (as established in claim 1 above).
Claim 10. Mitsui discloses a. providing a modular canopy system as claimed in any preceding claim; and
b. locating the first and second securing portions of the center plate within receiving slots of respective securing plates to provide an assembled canopy system (as illustrated in Fig.1).
Claim 12. Mitsui discloses bringing the first and second securing surfaces into contact with a canopy supporting structure to adhere the canopy system to the canopy supporting structure (as shown in Fig.5).
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 2, 4, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsui JPS5475019 as applied to claim 1 above.
Claim 2. Mitsui discloses the first and second securing portions (8, Fig.2) are received within the receiving slots of respective first and second securing plates, the first and second securing surfaces define a substantially continuous planar surface (as vertical plate 11 would abut and create a continuous surface), however Mitsui is silent on a continuous planar surface. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the connection to provide a continuous planar surface with the motivation of eliminating standing water, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 4. Mitsui is silent on the canopy surface comprises a curved edge. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide a curved edge for aesthetic features since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent.
Claim 11. Mitsui is silent the step of cutting the center plate to a desired width prior to step b, however it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to cut the center plate to a desired width for an application as it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsui JPS5475019 as applied to claim 1 above, in view of ZHANG CN219753755.
Claim 7. Mitsui is silent on the first and second securing surfaces are provided with adhesive tape. Zhang before the filing date of the instant invention discloses using butyl water-stopping adhesive tape on canopies. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide the adhesive tape of Zhang on the first and second securing surfaces of Mitsui with the motivation of employing them as waterproofing as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 8. Mitsui discloses a spacer (top web of element 7) for engagement with the supporting surface and an abutment for supporting a portion of an edge of the securing surface but is silent on said spacer having an adhesive surface. Zhang before the filing date of the instant invention discloses using butyl water-stopping adhesive tape for use with canopies. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide the adhesive of Zhang to the spacer of Mitsui with the motivation of employing them as waterproofing as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Allowable Subject Matter
Claims 9 and 13 are 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.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record fails to teach or adequately suggest the combination of characteristics specified in the independent claim, especially the requirement of a substance concerning the first surface is rotatable relative to the abutment, hence there is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633