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 .
The present application is a CIP of Application No. 17/337,076, which is now U.S. Patent No. 11,685,475.
Drawings
The drawings were received on June 27, 2023. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 21, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-10 and 14-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Riggs (US 3,765,434).
Riggs discloses the same umbrella system as claimed, as shown in Figures 1-11, which is comprised of an attachment member with a hub portion or fixture, defined as Part #32, a pivot fitting or extension, defined as Part #30, that is rotatable relative to said hub portion or fixture between a raised or erected position, as shown in Figure 1, where said pivot fitting or extension has a defined angle relative to said hub portion or fixture, and a lowered or collapsed position, as implied by Figure 11, a bolt or fastener, defined as Part #42, that is operable to couple said pivot fitting or extension to said hub portion or fixture, and a clamp with clamp fasteners, defined as Part #34. Said attachment member is configured to be selectively secured to a wall or component, defined as Part #38, by means of said clamp and clamp fasteners, as shown in Figure 1. A telescopic support member, defined as Part #2, is configured to be secured to said pivot fitting or extension, as shown in Figure 1, where said support member is operable to rotate relative to said hub portion or fixture when secured to said pivot fitting or extension. A canopy or covering, defined as Part #4, is selectively secured to said support member, and is operable to provide shade or cover, as shown in Figure 1. Said telescopic support member is further comprised of a lower tube, defined as Part #12, and an upper tube, defined as Part #14, that is vertically translatable relative to said lower tube between a raised position, as implied in Figure 1, and a lowered position, as shown in Figure 1, and is selectively securable in either position by means of a latch pin, defined as Part #18. An interlocking assembly is also provided, which is comprised of a first flat disc or angle plate, defined as Part #44, which is coupled to said hub portion or fixture, and a second flat disc or angle plate, defined as Part #40, that is coupled to said pivot fitting or extension, where said bolt or fastener is operable to pass through said first and second flat discs or angle plates, as shown in Figures 1-2. Said second flat disc or angle plate and said pivot fitting or extension are operable to rotate relative to said first flat disc or angle plate and said hub portion or fixture by means of said bolt or fastener, as shown in Figure 2. Said interlocking assembly also includes a handle in the form of a wingnut, as shown in Figures 1-2, that is operable to control whether said interlocking assembly is in a locked configuration, as shown in Figures 1-2, or an unlocked configuration, as implied in Figure 2. Said first and second flat discs or angle plates each include a radially grooved face or teeth, as described in lines 43-45 of column 2, so that when said bolt or fastener is loosened, said first and second flat discs or angle plates may be relatively pivoted, and when said bolt or fastener is tightened, said first and second flat discs or angle plates are fixedly locked by inter-engagement of said radially grooved faces or teeth, as described in lines 46-50 of column 2. Said first flat disc or angle plate and said hub portion or fixture are joined by at least one angle bracket, as shown in Figure 1. Said hub portion or fixture also includes a section that conforms to said wall or component, as shown in Figure 1. Said pivot fitting or extension is rotatable relative to said hub portion or fixture about a longitudinal axis through said bolt or fastener that is operable to couple said pivot fitting or extension to said hub portion or fixture, as shown in Figure 1. Said support member is also rotatable relative to said pivot fitting or extension about a longitudinal axis through said pivot fitting or extension, as shown in Figure 1.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Riggs in view of Meldrum (US 2,714,387).
Riggs, as set forth above, discloses all of the features claimed except for the use of a component in the form of an internal frame member of a raft.
Meldrum discloses a portable canopy, as shown in Figures 1-11, which includes an attachment member with a clamp and clamp fastener, defined as Part #36, for selectively securing to an internal frame member, defined as Part #14, of a boat, as shown in Figures 1-2.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a canopy or covering with an attachment member in the form of a clamp and clamp fastener for securement to a component of a boat or raft, as taught by Meldrum, in combination with the umbrella system as disclosed by Riggs for the purpose of providing a covering or shade system with an attachment member for securing to a component of a watercraft in order to provide cover or shade for said watercraft.
Allowable Subject Matter
Claims 11-13 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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December 5, 2025
/LARS A OLSON/Primary Examiner, Art Unit 3615