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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/7/2026 has been entered.
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.
Claims 1, 2, 7, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in US Publication 2007/0017646 in view of Kennedy et al in US Patent 1061547 and Halley in US Patent 8640420.
Regarding Claims 1, 2, 10, and 11, Zhao teaches an outdoor shelter, comprising: a plurality of corner support members disposed at respective corners of the outdoor shelter, the plurality of corner support members comprising a first corner support member (A, see below) and a second corner support (C) member disposed at a first longitudinal end of the outdoor shelter, the plurality of corner support members further comprising a third corner support member (B) and a fourth corner support member (D) disposed at a second longitudinal end of the outdoor shelter; a plurality of peripheral beam members, a first one (E) of the plurality of peripheral beam members configured to extend in a longitudinal direction of the outdoor shelter between the first and third corner support members, a second one (H) of the plurality of peripheral beam members configured to extend in a transverse direction of the outdoor shelter between the first and second corner support members, a third one (G) of the plurality of peripheral beam members configured to extend in the longitudinal direction of the outdoor shelter between the second and fourth corner support members, a fourth one (J) of the plurality of peripheral beam members configured to extend in the transverse direction of the outdoor shelter between the third and fourth corner support members, the first one of the plurality of peripheral beam members being spaced apart from the third one of the plurality of peripheral beam members, and the second one of the plurality of peripheral beam members being spaced apart from the fourth one of the plurality of peripheral beam members; a plurality of upper beam members, at least one of the upper beam members (5) configured to be supported on top surfaces of the spaced-apart first and third ones of the plurality of peripheral beam members; and a shade member (4), the shade member having a footprint (the area directly under the shade) disposed above at least one of the first and second ones of the plurality of peripheral beam members and supported on the bottom surface by the upper beam members, wherein each of the plurality of corner support members is disposed outside the footprint of the shade member (see Fig. 2 – both supports A and C are outside of the footprint of the shade member at its outer ends and both support B and D are located toward the outer side of peripheral beam members E and G, on which the outer ends of the shade are located, thereby locating the supports outside of the footprint of the shade).
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Zhao teaches that a portion of the first side edge of the shade member is inwardly spaced apart from an interior side surface of the first corner support member by a first gap and inwardly spaced apart from an interior side surface of the second corner support member by a second gap (see at reference character 12 above – the shade member edge is inward of the corner member on both ends thereof), but is silent on the use of curved peripheral beam members. Kennedy teaches an outdoor shelter including a first and a third peripheral beam member (7 on each outer side of the device) and second and fourth peripheral beam members (2 on each end of the device) wherein the first one of the plurality of peripheral beam members has a curved configuration such that a center portion of the first one of the plurality of peripheral beam members is disposed higher than end portions of the first one of the plurality of peripheral beam members and the third one of the plurality of peripheral beam members has a curved configuration such that a center portion of the third one of the plurality of peripheral beam members is disposed higher than end portions of the third one of the plurality of peripheral beam members. Kennedy further teaches a shade member (1) positioned atop the peripheral members the shade member being formed from a continuous fabric material, the shade member disposed above at least one of the first and second ones of the plurality of peripheral beam members, the shade member having a first side edge and (toward the leftmost peripheral beam) a second side edge (toward the rightmost peripheral beam), a first end edge (A, see below), a second end edge (B), the second side edge of the shade member being oppositely disposed relative to the first side edge of the shade member, and the second ends edge of the shade member being oppositely disposed relative to the first end edge of the shade member; wherein the first end portion of the at least one of the upper beam members is configured to protrude outwardly beyond the first side edge of the shade member, wherein each of the first end edge and the second end edge of the shade member is disposed beneath the bottom surface of the at least one of the upper beam members, the first end portion of the at least one of the upper beam members is configured to protrude outwardly beyond a side surface of the first one of the plurality of peripheral beam members, and the shade member is folded over the first one of the plurality of peripheral beam members at a first end of the outdoor shelter, and the shade member is folded over the second one of the plurality of peripheral beam members at a second end of the outdoor shelter (see Fig. 2). 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 peripheral beam members of Zhao by using curved peripheral beam members as taught by Kennedy in order to increase the headroom under the shade member for the user. Such a device, as modified, would inherently include a portion of the first side edge of the shade member extending along a portion of a length of the first corner support member, the portion of the first side edge of the shade member being inwardly spaced apart from an interior side surface of the first corner support member by a first gap, a portion of the second side edge of the shade member extending along a portion of a length of the second corner support member, and the portion of the second side edge of the shade member being inwardly spaced apart from an interior side surface of the second corner support member by a second gap because the portion A would extend downward and be spaced inward of the corner members.
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Zhao, as modified, is silent on the attachment between the upper beams and the peripheral beams. Halley teaches an outdoor shelter, comprising: a plurality of corner support members (104) disposed at respective corners of the outdoor shelter, a plurality of peripheral beam members (106), a plurality of upper beam members (108), at least one of the upper beam members configured to be supported on top surfaces of the spaced-apart first (the leftmost peripheral beam) and third (the rightmost peripheral beam) ones of the plurality of peripheral beam members, the at least one of the upper beam members having a top surface and a bottom surface, the bottom surface of the at least one of the upper beam members being oppositely disposed relative to the top surface of the at least one of the upper beam members (see Fig. 8), and spaced-apart portions of the bottom surface of the at least one of the upper beam members configured to rest on the top surfaces of the spaced-apart first and third ones of the plurality of peripheral beam members (see Fig. 8), and the at least one of the upper beam members having a first end portion (the end of 152 at one end) and a second end portion (the end of 152 at the opposite end), the second end portion of the at least one of the upper beam members being oppositely disposed relative to the first end portion of the at least one of the upper beam members. 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 upper beam members of Zhao, as modified, by using top-mounted upper beam members with overhangs as taught by Halley in order to provide a stable and structurally sound frame for the shelter. As Zhao teaches that the shade member is supported on its bottom surface by the top surface of the upper beam members, Zhao, as modified, inherently will teach that the top surfaces of the spaced-apart first and third ones of the plurality of peripheral beam members are spaced apart from a bottom surface of the shade member by a height of the at least one of the upper beam members (as the upper beam members, as modified by Halley, are disposed on the top surface of the peripheral beam members)
Regarding Claim 7, Zhao, as modified, teaches a guide rail member (6) coupled to one of the plurality of corner support members.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as modified, as applied to Claim 1 above in view of Terrels in US Publication 2004/0025460. Zhao, as modified, is silent on the use of ground plates on the corner support members. Terrels teaches a ground stake plate (50) having at least one fastener aperture (54) and at least one ground stake aperture (51) formed therein, the at least one fastener aperture being disposed through a raised portion (52) of the ground stake plate, the at least one ground stake aperture being disposed closer to a periphery of the ground stake plate than the at least one fastener aperture, the at least one fastener aperture configured to receive a fastener member (26) for securing the ground stake plate to a bottom end of one of a plurality of corner support members (20), and the at least one ground stake aperture configured to receive a ground stake (55) for securing the one of the plurality of corner support members to the ground, further comprising at least one ground plate cover member (60) configured to be disposed over a peripheral portion of the at least one ground stake plate so as to at least partially conceal the peripheral portion of the at least one ground stake plate from view, the at least one ground plate cover member having a central aperture formed therethrough for accommodating a passage of the corner support member through the ground plate cover member. 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 corner supports of Zhao, as modified, by adding ground stake plates as taught by Terrels in order to securely affix the shelter to the ground on which it is erected.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as modified, as applied to Claim 1 above in view of Nelson in US Patent 2948288. Zhao, as modified, is silent on the use of a shade support pole. Nelson teaches a shade (14) and at least one shade support pole member (20) coupled to an end portion of the shade member of the outdoor shelter and that the end portion of the shade member is looped (at 18) so as to form a longitudinal cavity for receiving the at least one shade support pole member. 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 device of Zhao, as modified, by adding a shade support pole as taught by Terrels in order to allow the user to easily move the shade between open and closed positions.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as modified, as applied to Claim 1 above in view of Geraud in CH 635393. Zhao, as modified, is silent on the structure of the peripheral beam member. Geraud teaches an outdoor shelter with a peripheral beam member (12) comprising a first longitudinal beam section (12) coupled to a second longitudinal beam (12/13) section by a longitudinal beam connector (25) member that is slidingly received within inner end portions of the first and second longitudinal beam sections (see Fig. 4). 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 device of Zhao, as modified, by using a two-part peripheral beam member as taught by Geraud in order to provide a more-compactly manufactured device, and to place the joint of the beam beneath an upper beam member in order to reinforce the device in a place of load.
Claims 12, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in US Publication 2007/0017646 in view of Kennedy et al in US Patent 1061547, FR 2571079 (Bouillet), and Petta in US Publication 2010/0205901.
Regarding Claims 12, 14, 19, and 20, Zhao teaches an outdoor shelter, comprising: a plurality of corner support members disposed at respective corners of the outdoor shelter, the plurality of corner support members comprising a first corner support member (A, see below) and a second corner support (C) member disposed at a first longitudinal end of the outdoor shelter, the plurality of corner support members further comprising a third corner support member (B) and a fourth corner support member (D) disposed at a second longitudinal end of the outdoor shelter; a plurality of peripheral beam members, a first one (E) of the plurality of peripheral beam members configured to extend in a longitudinal direction of the outdoor shelter between the first and third corner support members, a second one (H) of the plurality of peripheral beam members configured to extend in a transverse direction of the outdoor shelter between the first and second corner support members, a third one (G) of the plurality of peripheral beam members configured to extend in the longitudinal direction of the outdoor shelter between the second and fourth corner support members, a fourth one (J) of the plurality of peripheral beam members configured to extend in the transverse direction of the outdoor shelter between the third and fourth corner support members, the first one of the plurality of peripheral beam members being spaced apart from the third one of the plurality of peripheral beam members, and the second one of the plurality of peripheral beam members being spaced apart from the fourth one of the plurality of peripheral beam members; a plurality of upper beam members, at least one of the upper beam members (5) configured to be supported on top surfaces of the spaced-apart first and third ones of the plurality of peripheral beam members; and a shade member (4), the shade member having a footprint (the area directly under the shade) disposed above at least one of the first and second ones of the plurality of peripheral beam members and supported on the bottom surface by the upper beam members.
Zhao is silent on the use of curved peripheral beam members. Kennedy teaches an outdoor shelter including first and second upper beam members (2 on each end of the device) and a shade member (1) positioned atop the peripheral members, the shade member being formed from a continuous fabric material, the shade member disposed above at least one of the first and second ones of the plurality of peripheral beam members, the shade member having a footprint (the area directly underneath the shade member), a first side edge and (toward the leftmost 7) a second side edge (toward the rightmost 7), a first end edge (A, see below), a second end edge (B), the second side edge of the shade member being oppositely disposed relative to the first side edge of the shade member, and the second end edge of the shade member being oppositely disposed relative to the first end edge of the shade member; wherein each of the first end edge and the second end edge of the shade member is disposed beneath the bottom surface of the at least one of the upper beam members, and the shade member is folded over the first one of the plurality of peripheral beam members at a first end of the outdoor shelter, and the shade member is folded over the second one of the plurality of peripheral beam members at a second end of the outdoor shelter (see Fig. 2). 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 shade member of Zhao by using a longer shade with dropped ends as taught by Kennedy in order to increase the shade coverage of the device.
Zhao, as modified, is silent on the connection between the upper frame members and peripheral beam members. Bouillet teaches an outdoor shelter including aa plurality of peripheral beam members (2) and at least one upper beam member (3) and the at least one of the upper beam members is attached to the top surface of the first one of the plurality of peripheral beam members by a beam fastener member (see fasteners X in Fig. 1, below) extending through the at least one of the upper beam members from the top surface of the at least one of the upper beam members to the bottom surface of the at least one of the upper beam members, and a first end portion (outward of the location of the fastener on the upper beam member) of the at least one of the upper beam members is configured to protrude outwardly beyond a side surface of the first one of the plurality of peripheral beam members, the at least one of the upper beam members having a top surface and a bottom surface, the bottom surface of the at least one of the upper beam members being oppositely disposed relative to the top surface of the at least one of the upper beam members (see Fig. 1), and spaced-apart portions of the bottom surface of the at least one of the upper beam members configured to rest on the top surfaces of the spaced-apart ones of the plurality of peripheral beam members (see Fig. 1), and the at least one of the upper beam members having a first end portion (outward of X at one end) and a second end portion (outward of X at the opposite end), the second end portion of the at least one of the upper beam members being oppositely disposed relative to the first end portion of the at least one of the upper beam members. 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 upper beam members of Zhao, as modified, by using top-mounted fastener-attached upper beam members with overhangs as taught by Bouillet in order to provide a stable and structurally sound frame for the shelter. As Zhao teaches that the shade member is supported on its bottom surface by the top surface of the upper beam members, Zhao, as modified, inherently will teach that the top surfaces of the spaced-apart first and third ones of the plurality of peripheral beam members are spaced apart from a bottom surface of the shade member by a height of the at least one of the upper beam members (as the upper beam members, as modified by Bouillet, are disposed on the top surface of the peripheral beam members).
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Zhao, as modified, is silent on the use of ground plates on the corner support members. Petta teaches a corner member (16) and at least one ground stake plate (18) having at least one fastener aperture (59) and at least one ground stake aperture (68) formed therein, the at least one fastener aperture being disposed through a raised portion (42) of the ground stake plate, the at least one ground stake aperture being disposed closer to a periphery of the ground stake plate than the at least one fastener aperture (see Fig. 8), the at least one fastener aperture receiving a stake plate fastener member (61) for securing the ground stake plate to a bottom end of one of the plurality of corner support members, the stake plate fastener member comprising a head portion and a shaft portion (see Fig. 4) having a plurality of threads disposed on the shaft portion, the head portion of the stake plate fastener member disposed outwardly from an outer surface of the bottom end of one of the plurality of corner support members, the shaft portion of the stake plate fastener member extending through an aperture (58) in the bottom end of one of the plurality of corner support members and through the at least one fastener aperture in the raised portion of the ground stake plate, and the at least one ground stake aperture configured to receive a ground stake (66) for securing the one of the plurality of corner support members to the ground and further comprising at least one ground plate cover member (14) configured to be disposed over a peripheral portion of the at least one ground stake plate so as to at least partially conceal the peripheral portion of the at least one ground stake plate from view, the at least one ground plate cover member having a central aperture formed therethrough for accommodating a passage of the corner support member through the ground plate cover member (see 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 the device of Zhao, as modified, by using corner plates as taught by Petta in order to securely affix the device in place.
Regarding Claim 17, Zhao, as modified, teaches a guide rail member (6) coupled to one of the plurality of corner support members.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as modified, as applied to Claim 12 above in view of Nelson in US Patent 2948288. Zhao, as modified, is silent on the use of a shade support pole. Nelson teaches a shade (14) and at least one shade support pole member (20) coupled to an end portion of the shade member of the outdoor shelter and that the end portion of the shade member is looped (at 18) so as to form a longitudinal cavity for receiving the at least one shade support pole member. 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 device of Zhao, as modified, by adding a shade support pole as taught by Terrels in order to allow the user to easily move the shade between open and closed positions.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao, as modified, as applied to Claim 12 above in view of Geraud in CH 635393. Zhao, as modified, is silent on the structure of the peripheral beam member. Geraud teaches an outdoor shelter with a peripheral beam member (12) comprising a first longitudinal beam section (12) coupled to a second longitudinal beam (12/13) section by a longitudinal beam connector (25) member that is slidingly received within inner end portions of the first and second longitudinal beam sections (see Fig. 4). 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 device of Zhao, as modified, by using a two-part peripheral beam member as taught by Geraud in order to provide a more-compactly manufactured device, and to place the joint of the beam beneath an upper beam member in order to reinforce the device in a place of load.
Response to Arguments
Applicant's arguments filed 8/7/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 12 and its dependent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to the applicant’s arguments regarding Claim 1, Zhao plainly teaches that the edges of the shade member are disposed inwardly of the corner members – see Fig. 1 – and if the shade is extended downward as taught by Kennedy, the edges of the shade will be spaced inwardly of the corner members.
Conclusion
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.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
Prosecution Insights