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.
(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, 2, 4-6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glover et al. in US Patent 6467107.
Regarding Claim 1, Glover teaches a skeleton assembly of an umbrella-shaped canopy on top of a playpen, comprising: a skeleton (80) and a connection base (20), wherein the skeleton is an umbrella-style skeleton comprising a notch (88) and multiple first support frames (86), wherein a first end of each of the multiple first support frames is hinged (at 138) to the notch, such that the multiple first support frames are extendable or retractable with respect to each other (see Fig. 18); and the connection base is provided in plurality to correspond to a quantity of the multiple first support frames, a second end of each of the multiple first support frames is fixedly connected to one of the connection bases, each of the connection bases is configured to be fixedly clamped with a corner portion at the top of the playpen, the corner portion of the playpen comprises a vertical rod (18), a first horizontal rod (such as 60), and a second horizontal rod (such as 66) that are connected at an intersection point, and each of the connection bases is provided with a first notch (220), a second notch (318), and a third notch (319) that are used to be respectively clamped with the vertical rod, the first horizontal rod, and the second horizontal rod of the corner portion.
Regarding Claim 2, Glover teaches that each of the multiple first support frames is foldable, folding the multiple first support frames allows the connection bases with the skeleton in a retracted state to contract around the notch, and with the skeleton in the retracted state, a top end of the notch is flush with a top end of the connection bases (see Fig. 19), or the top end of the connection bases is slightly higher than the top end of the notch.
Regarding Claim 4, Glover teaches (See Figs. 5 and 6) that each of the connection bases comprises a vertical extension portion, a first horizontal extension portion, and a second horizontal extension portion that intersect and are fixedly connected to each other, any two of extension directions of the vertical extension portion, the first horizontal extension portion, and the second horizontal extension portion are perpendicular to each other, and the first notch, the second notch, and the third notch are respectively provided in the vertical extension portion, the first horizontal extension portion, and the second horizontal extension portion.
Regarding Claim 5, Glover teaches (See Fig. 5) that the first horizontal extension portion and the second horizontal extension portion both have an inverted “U”-shaped cross section, so as to respectively form the second notch and the third notch, and inverted “U”-shaped reinforcement ribs are provided on inner walls of the first horizontal extension portion and the second horizontal extension portion.
Regarding Claim 6, Glover teaches that the vertical extension portion is provided with an insertion hole (348) extending vertically, the insertion hole is in insertion fit with the second end of a corresponding one of the multiple first support frames, an elastic buckle (360) is fixed to the second end of the corresponding one of the multiple first support frames, and at least one slot (332) used to be in clamping fit with the elastic buckle is provided in an external side surface of the vertical extension portion corresponding to the insertion hole.
Regarding Claim 8, Glover teaches that external edges of an intersection part between the vertical extension portion, the first horizontal extension portion, and the second horizontal extension portion are rounded (See Figs. 3 and 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.
Claim 3, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Glover as applied to Claim 1 above in view of Oberhaus in US Patent 3874397. Glover teaches that a corresponding one of the connection bases is connected to the outer end of the support frame but is silent on the use of a runner. Oberhaus teaches a skeleton assembly of an umbrella-shaped canopy with a skeleton including a runner (7) and multiple second support frames (7) corresponding to a quantity of the multiple first support frames (5a/b), the runner is relatively disposed below a notch (4), a first end of each of the multiple second support frames is hinged to the runner, and a second end of each of the multiple second support frames is hinged to a corresponding one of the multiple first support frames, such that the runner relatively approaches the notch, so as to extend the skeleton, or the runner relatively leaves the notch, so as to retract the skeleton, wherein a lower end of the notch is provided with a locked shaft (8) extending downwards, and the runner is correspondingly provided with a locking hole (within 7) for the locked shaft to insert; the runner is further provided with an elastic locking mechanism (11) configured to lock the locked shaft in the locking hole or unlock the locked shaft from the locking hole. Oberhaus further teaches that each of the multiple first support frames comprises a first folded section (5a), a second folded section (5b), and a folding joint (9) connected between the first folded section and the second folded section, and a stopper (the extended portion of 9, see Fig. 2) is fixedly to an inner side of the folding joint and configured to stop the second folded section from flipping towards an inner side of a corresponding one of the multiple first support frames. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the skeleton of Glover by using a skeleton as taught by Oberhaus in order to provide a securely-opening and closing skeleton.
Allowable Subject Matter
Claim 7 is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fischer, Zhang et al., LaMantia, Kaiser et al., Glover et al., Chen, Flannery et al., Fusco et al., Cheng et al., Kasem, Mahoney, and FR 2827142 teach playpens with canopies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636