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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/1/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5, 7-9, 15-17 and 19-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a proximal member of each rib” in lines 20-21. It is unclear if this is the same proximal member as the previously recited one (line 17). For examination purposes, they are assumed to be the same distal member. Clarification is required.
Claim 1 recites “a distal member of each rib” in line 23. It is unclear if this is the same distal member as the previously recited one (line 17). For examination purposes, they are assumed to be the same distal member. Clarification is required.
Claim 20 recites “a proximal member of each rib” in lines 19-20. It is unclear if this is the same proximal member as the previously recited one (line 3). For examination purposes, they are assumed to be the same distal member. Clarification is required.
Claim 20 recites “a distal member of each rib” in line 22. It is unclear if this is the same distal member as the previously recited one (line 4). For examination purposes, they are assumed to be the same distal member. Clarification is required.
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, 5, 7-9, 15-16 and 19-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fraser (AU 2021105969 A4) in view of Wang (US 6,244,284 B1).
Claims 1, 15 and 20: Fraser teaches a portable shelter (100) including: a support (102) including an upright (as seen in the figures; paragraph 22); and a canopy (104) for being supported by the support, wherein the canopy includes an expandable frame (108), and a sheet of material (110) supported by the frame, wherein the sheet of material is supported by the frame at a fixed end and extends from the frame to a fluttering free end (106) opposite the fixed end (paragraph 24), a majority of the sheet being unsupported and capable of fluttering in a breeze to provide shade for at least one person (as seen in the figures the sheet is only supported by the frame at one end), wherein the frame includes retractable ribs (200) supporting the sheet and the sheet of material folds in on itself when the frame is collapsed (paragraph 24), and wherein the frame includes a stretcher arrangement (204) for stretching out each rib from the support, the stretcher arrangement including a stretcher (206) coupled between the support and each rib (as seen in the figures; paragraph 27), wherein each rib as including a proximal member (202a), and a distal member (202b) pivotally coupled to the proximal member (as seen in the figures; paragraph 26).
Fraser lacks a line arrangement extending between the stretcher arrangement and each rib to facilitate closing and/or opening of the portable shelter. Wang discloses a portable shelter including: a support including an upright (2); and a canopy (seen partially in FIGS. 2-6) for being supported by the support, wherein the canopy includes an expandable frame (comprised of at least elements 35, 23, 20, 30, 40, 50, 60/61), and a sheet of material (not shown) supported by the frame, wherein the frame includes retractable ribs (comprised of at least elements 20, 30, 40, 50, 60/61) supporting the sheet and the sheet of material folds in on itself when the frame is collapsed (as evidenced by FIG. 6, the sheet would be folded in on itself when the frame is collapsed since it inverted when collapsed), and a line arrangement (60/61) extending between the stretcher arrangement and each rib to facilitate closing and/or opening of the shelter, wherein each rib includes a proximal member (20), and a distal member (30, 40) pivotally coupled to the proximal member (via 202, 303 and pin extending therethrough); and wherein the line arrangement includes: an extensible and resilient first line (61) extending between each stretcher and a proximal member of each rib (as seen in FIG. 5) for pulling the proximal member toward the stretcher when collapsing the shelter (col. 4, lines 40-49); and a second line (60) extending between each stretcher and a distal member of each rib for pulling the end of the distal member toward the proximal member when opening the shelter (col. 4, lines 16-39) so that ends of the proximal member and distal member of each rib come together (as seen in FIG. 2 and evidenced by FIG. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fraser to include retractable ribs each with a line arrangement, such as taught by Wang, in order to help open/close the frame with less power required of the user and also keep the frame steadier when in use against strong wind gusts.
Claim 5: Fraser discloses each rib as being articulated and pivotally expandable (paragraph 26).
Claim 7: Wang discloses the proximal member as not being coupled to the end of the distal member so there is overlap when the rib is fully expanded (as seen in FIG. 5, member 20 is not coupled to the end, the tab at the end of 20 from which 63 is pivotally connected thereto, of 30).
Claim 8: Wang discloses an end of the distal member as being pivotally coupled to a line (via 63).
Claim 9: Fraser discloses the distal member as folding up and in toward the proximal member when collapsing the shelter (as seen in the figures), the frame preferably including two or four ribs (paragraph 26).
Claim 16: Wang discloses each second line as being rigid and/or inextensible (60 is made of a stiff material and does not change shape or size as evidenced by the figures).
Claim 19: Fraser discloses the support as extending from the ground at a single location (as seen in FIG. 1; paragraph 36).
Claims 21 and 24: Wang discloses an end of the first and second lines as being directly or indirectly connected to the stretcher at an intermediate point along a length thereof (as seen in FIG. 5, connected at an intermediate portion compared to the end which is pivotally connected to the proximal member 20).
Claims 22 and 25: Wang discloses a first end of the first line as being directly or indirectly connected to the stretcher (directly connected thereto as seen in FIG. 5), and a second end of the first line as being directly or indirectly connected to the proximal member of the rib at an intermediate point along a length thereof (directly connected to portion 222 of proximal member 20 as seen in FIGS. 3 and 5).
Claims 23 and 26: Wang discloses an end of the first line as being connected to an end of the second line along a length of the stretcher (as seen in FIG. 5, they share the same pivotal connection to the stretcher).
Claim(s) 1, 5, 7-9, 15-17 and 19-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fraser (AU 2021105969 A4) in view of Hsieh et al. (US 2009/0007946 A1).
Claims 1, 15 and 20: Fraser teaches a portable shelter (100) including: a support (102) including an upright (as seen in the figures; paragraph 22); and a canopy (104) for being supported by the support, wherein the canopy includes an expandable frame (108), and a sheet of material (110) supported by the frame, wherein the sheet of material is supported by the frame at a fixed end and extends from the frame to a fluttering free end (106) opposite the fixed end (paragraph 24), a majority of the sheet being unsupported and capable of fluttering in a breeze to provide shade for at least one person (as seen in the figures the sheet is only supported by the frame at one end), wherein the frame includes retractable ribs (200) supporting the sheet and the sheet of material folds in on itself when the frame is collapsed (paragraph 24), and wherein the frame includes a stretcher arrangement (204) for stretching out each rib from the support, the stretcher arrangement including a stretcher (206) coupled between the support and each rib (as seen in the figures; paragraph 27), wherein each rib as including a proximal member (202a), and a distal member (202b) pivotally coupled to the proximal member (as seen in the figures; paragraph 26).
Fraser lacks a line arrangement extending between the stretcher arrangement and each rib to facilitate closing and/or opening of the portable shelter. Hsieh et al. discloses a portable shelter including: a support including an upright (10, 20); and a canopy (see FIG. 1) for being supported by the support, wherein the canopy includes an expandable frame (comprised of at least elements 40, 50, 60, 61 and 80), and a sheet of material (not shown) supported by the frame, wherein the frame includes retractable ribs (comprised of at least elements 60, 61 and 80) supporting the sheet and the sheet of material folds in on itself when the frame is collapsed (as evidenced by FIG. 6, the sheet would be folded in on itself when the frame is collapsed since it inverted when collapsed), and a line arrangement (61, 80) extending between the stretcher arrangement (not labelled, but extends between 40 and 60) and each rib to facilitate closing and/or opening of the shelter, wherein each rib includes a proximal member (portion of 60 extending from runner 50), and a distal member (portion of 60 that is pivotally connected to the proximal portion and extends to the outer periphery of the canopy) pivotally coupled to the proximal member; and wherein the line arrangement includes: an extensible and resilient first line (80) extending between each stretcher and a proximal member of each rib (as seen in FIGS. 1, 4 and 6) for pulling the proximal member toward the stretcher when collapsing the shelter (paragraph 23); and a second line (61) extending between each stretcher and a distal member of each rib (as seen in FIGS. 1, 4 and 6) for pulling the end of the distal member toward the proximal member when opening the shelter so that ends of the proximal member and distal member of each rib come together (as seen in FIG. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fraser to include retractable ribs each with a line arrangement, such as taught by Hsieh et al., in order to help open/close the frame with less power required of the user and also keep the frame steadier when in use against strong wind gusts.
Claim 5: Fraser discloses each rib as being articulated and pivotally expandable (paragraph 26).
Claim 7: Hsieh et al. discloses the proximal member as not being coupled to the end of the distal member so there is overlap when the rib is fully expanded (as seen in FIGS. 1, 4 and 6, the proximal member of 60 is not connected to the end of the distal member of 60, which is connected to 61 instead).
Claim 8: Hsieh et al. discloses an end of the distal member as being pivotally coupled to a line (via a joint as seen in the figures).
Claim 9: Fraser discloses the distal member as folding up and in toward the proximal member when collapsing the shelter (as seen in the figures), the frame preferably including two or four ribs (paragraph 26).
Claim 16: Hsieh et al. discloses each second line as being rigid and/or inextensible (61 is made of a stiff material and does not change shape or size as evidenced by the figures).
Claim 17: Hsieh et al. discloses each second line as being bent at its distal end to pass around a hinge coupler when the shelter is collapsed (as seen in FIGS. 4 and6).
Claim 19: Fraser discloses the support as extending from the ground at a single location (as seen in FIG. 1; paragraph 36).
Claims 21 and 24: Hsieh et al. discloses an end of the first and second lines
as being directly or indirectly connected to the stretcher at an intermediate point along a length thereof (as seen in FIG. 2).
Claims 22 and 25: Hsieh et al. discloses a first end of the first line as being directly or indirectly connected to the stretcher (directly connected to the stretcher as seen in FIG. 2), and a second end of the first line as being directly or indirectly connected to the proximal member of the rib at an intermediate point along a length thereof (directly connected to the proximal member as seen in FIGS. 4 and 6).
Claims 23 and 26: Hsieh et al. discloses an end of the first line as being connected to an end of the second line along a length of the stretcher (the ends of the first and second line are both connected to the stretcher and are therefore indirectly connected to each other via the stretcher).
Response to Arguments
Applicant’s arguments, see pages 8-11, filed 4/1/2026, with respect to the rejection(s) of claim(s) 1, 5-9 and 12-20 under Fraser in view of Militano have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wang and Hsieh et al., as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at (571)272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636