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 disclosure is objected to because of the following informalities:
Page 5, “airplane 10” should be changed to --airplane 14--.
Page 5, “second strip or band 34” should be changed to --second strip or band 36--.
Page 6, “airplane 10” should be changed to --airplane 14--.
Page 7, lines 1-2, “the collapsed, folded tent aboard the airplane 14. as part of its emergency equipment,” should be changed to --the collapsed, folded tent aboard the airplane 14, as part of its emergency equipment.-- (reversing the period and comma).
Page 8, “sidewall 20” should be changed to --sidewall 24-- in order to be consistent with what is depicted in FIG. 5.
Appropriate correction is required.
Claim Objections
Claims 1, 4 and 10 are objected to because of the following informalities:
Claim 1, line 1, “Tent apparatus” should be changed to --A tent apparatus--.
Claim 4, lines 3-5, “said first layer of hook or loop material on said support member is engaged with said complementary second layer of hook or loop material on said another end of said top panel” should be changed to either --said first layer of hook or loop material on said another end of said top panel is engaged with said complementary second layer of hook or loop material on said support member-- or --said second layer of hook or loop material on said support member is engaged with said complementary first layer of hook or loop material on said another end of said top panel-- in order to be consistent with the placement of the first and second layers of hook and loop material as recited in claim 2.
Claim 10, lines 1-2, “at least some of said conjoined wall panels has an opening” is improper English and should be changed.
Claim 10, line 2, “said at least opening” should be changed to --said opening--.
Appropriate correction is required.
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 1-12 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 “when said top panel engages said top surface portion of said wing” in lines 10-11. It is not clear if the top panel ever actually engages said top surface portion of said wing. Previously, it was the enclosure support member that was recited as being “arranged to engage a top surface portion of said wing” (lines 7-8). Additionally, the top panel never appears to be disclosed as engaging the top surface of the wing in the disclosure of the drawings; in fact, it appears it engages the bottom surface of the wing if it even engages the airplane at all (see FIG. 2). For examination purposes, it is assumed that lines 10-11 should read “when said enclosure support member engages said top surface portion of said wing” and will be treated as such. Clarification is required.
Claim 1 recites the limitation "the wing tip" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the fuselage" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the wing airfoil" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the interior surface" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Stoddard (US 4,205,695) discloses a tent apparatus capable of being supported below and by the wing (16) of a grounded airplane, comprising: an enclosure of flexible material, said enclosure being characterized by conjoined wall panels (10, 11) terminating in a top panel (21) at one extremity of said conjoined wall panels (as seen in FIG. 3), an enclosure support member (13) affixed to said top panel, said enclosure support member arranged to engage a top surface portion of said wing (FIG. 3), and said enclosure is situated under said wing between the wing tip of said wing and the fuselage of said airplane (as seen in FIG. 1, a majority of the enclosure is located under the wing and between the wing tip and the fuselage). Stoddard lacks reclosure means on said support member for attaching said support member to said top panel when said enclosure support member engages said top surface portion of said wing. It would not have been obvious to one of ordinary skill to modify the top wall and the enclosure support member to have reclosure means as the two elements already form a sleeve that can be slipped over a portion of the wing and secured with a drawstring (20) and modifying Stoddard would provide no advantage and make set up of the enclosure more complicated.
Bright (US 2017/0159320 A1) discloses a tent apparatus capable of being supported below and by the wing (20) of a grounded airplane, comprising: an enclosure of flexible material, said enclosure being characterized by conjoined wall panels (formed of 5 and 15) terminating in a top panel (portion of 5 that is shown above 20 in FIG. 5) at one extremity of said conjoined wall panels, an enclosure support member (30, 35) affixed to said top panel, and reclosure means (35) on said support member such that said enclosure is situated under said wing between the wing tip of said wing and the fuselage of said airplane (as seen in FIGS. 1-3 and 5, a majority of the enclosure is located under the wing and between the wing tip and the fuselage). Bright lacks said enclosure support member being arranged to engage a top surface portion of said wing and said reclosure means attaching said support member to said top panel when said enclosure support member engages said top surface portion of said wing. It would not have been obvious to one of ordinary skill to modify Bright to include the above feature as doing so would not provide an advantage and only make the tent more complicated and costly to manufacture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636