Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serail number 18/424,559 filed 1/26/24. Claims 1-20 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The information disclosure statement (IDS) submitted on 9/23/ is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
The drawings filed 1/26/24 are approved.
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 1-9, 14, 16 and 18-20 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.
In claim 1 at line 1, “the structural framework” lacks antecedent basis.
In claim 1 at line 4, it is not clear which connectors “the connectors” refers to as at least one 3-way and at least one 4-way connector have been defined.
Lines 4-5 of claim 1 do not accurately describe the invention as understood. As the claim currently reads at least one of the 3-way connectors includes both screw-in connections and snap-button joints (plural) which is not the case.
The examiner suggests amending claim 1 as follows:
Claim 1. A Modular Carport Frame System, comprising:
a plurality of tubular components forming [[the]] a structural framework; connectors for joining said tubular components, wherein the connectors include at least one 3-way connector and at least one 4-way connector, wherein each of the connectors feature both at least one screw-in connection[[s]] and at least one snap-button joint[[s]]; and a securing mechanism for attaching a canopy to the frame.
The term “easy” in claims 3 and 20 is a relative term which renders the claim indefinite. The term “easy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What may seem “easy” can vary greatly from individual to individual and it is not clear where “easy” begins and ends.
In claims 5 and 6, “the frame” lacks antecedent basis.
The material of claim 7 is vague and indefinite.
Regarding claims 9 and 16 the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 14, “the canopy hooks” lack antecedent basis.
Claim 18 fails to does not accurately describe the invention as understood. As the claim currently reads at least one of the 3-way connectors includes both screw-in connections and snap-button joints (plural) which is not the case. See the suggestion above with respect to claim 1.
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 1-3, 5-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2021/0054646 to Volin in view of U.S. Patent 1,471,465 to Hinton.
Volin provides modular carport frame system (Fig. 20) and method of assembling comprised of a plurality of tubular components (114,115, 116), 3-way connectors (110) and 4-way connectors (111), feet (118) and a canvas canopy (102) [0494]. The components are connected using snap-button joints as shown in Figures 25-26.
Hinton teaches forming a framework using threaded pipes components (1,2,3) joined by assorted 3-way (5) and 4-way (4) threaded connectors.
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have combined to the teachings of Volin and Hinton and used both snap-button and threaded connectors for the joints of the framework of Volin as it would have been an obvious substitution to have substituted at least one snap-fit connector with a threaded connector and a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of using a combination of known connectors.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2021/0054646 to Volin in view of U.S. Patent 1,471,465 to Hinton, further in view of U.S. Patent 6,367,495 to Powell et al.
Volin as modified/combined with Hinton above provides each of the elements of the claim except integrating a ring into at least one of the tubular components to facilitate securing of canopy hooks.
Powell teaches providing tubular legs 22 with rings 60 for securing stoppers or “hooks” 56.
Volin uses holes 117 for securing canopy hooks 104.
It would have been an obvious substation of known means of securing a canopy to the legs of a framework to have provided Volin with rings 60 as taught by Powell absent any unexpected or unpredictable results.
The claims would be allowable if amended to overcome the rejections and 35 USC 112(b) and to require “wherein each of the connectors feature both at least one screw-in connection[[s]] and at least one snap-button joint[[s]] because while 3-way and 4-way snap-button joints and screw-in connections are known, none of the prior art of record teaches or adequately suggests any one connector having at least one of each.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note in particular:
The snap-button joints in Fig. 3 of U.S. 2002/0170588 to Seo.
The 3 and 4 way snap-button joints of U.S. Patents 5,326,337 and 5,755,641 to Pardella. Pardella discusses in the background of the invention that prior structure has been formed using threaded pipes and fittings.
The 3 and 4 way snap-button joints of U.S. Patents 6,263,895 to Bang.
U.S. Patent 1,488,245 to Hinton teaches forming a framework using threaded pipes components (1,2,3) joined by assorted 3-way (51 ) and 4-way (5,52) threaded connectors.
U.S. Patent 1,471,465 to Hinton teaches forming a framework using threaded pipes components (1,2,3) joined by assorted 3-way (5) and 4-way (4) threaded connectors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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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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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/ Primary Examiner, Art Unit 3636