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 14, 15, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeCosta in US Patent 5085212.
Regarding Claim 14, DeCosta teaches a portable sunbathing enclosure further comprising: an enclosure body operably configured to form a statically fixed upright structure: having at least one right slender enclosing frame member (4) enclosing an open area, disposed proximal to a right side of the enclosure body, and substantially spanning the enclosure body length; having at least one left slender enclosing frame member (5) enclosing an open area, disposed proximal to a left side of the enclosure body opposing the right side of the enclosure body; having at least one rear slender enclosing frame member (7) enclosing an open area, disposed proximal to a rear side of the enclosure body; having at least one front slender enclosing frame member (6) enclosing an open area, disposed proximal to a front side of the enclosure body opposing the rear side of the enclosure body, and substantially spanning the enclosure body width, wherein the at least one rear and front enclosing frame members interpose and directly couple with the at least one right and left slender enclosing frame members (see Fig. 1); having a fabric material (2/9) coupled to the at least one right, left, rear, and front enclosing frame members to define: a right wall at the right side and with an inner surface (2) and an outer surface (9) opposing the inner surface of the right wall; a left wall at the left side and with an inner surface (2) and an outer surface (9) opposing the inner surface of the left wall; a rear wall at the rear end and with an inner surface (2) and an outer surface (9) opposing the inner surface of the rear wall; a front wall at the front end and with an inner surface (2) and an outer surface (9) opposing the inner surface of the front wall; and a bottom wall (3) interposed between the right wall and left wall, interposed between the rear wall and front wall, and with an inner surface (2) and an outer surface (9) opposing the inner surface of the bottom wall, wherein the inner surfaces of the right wall, left wall, rear wall, front wall, and bottom wall are opaque, light reflective, and enclose and define a sunbathing cavity (“sun reflecting fabric” – see Column 2, lines 38-39); and defining an upper opening (at the upper end of the walls) disposed to provide ambient access to the sunbathing cavity.
Regarding Claim 15, DeCosta teaches that the enclosure body further defines an enclosure body length (between 6 and 7) separating the rear and front walls and an enclosure body width (between 4 and 5) separating the right and left walls, the at least one right slender enclosing frame member substantially spanning the enclosure body length, the at least one left slender enclosing frame member substantially spanning the enclosure body length, the at least one rear slender enclosing frame member substantially spanning the enclosure body width, and the at least one front slender enclosing frame member substantially spanning the enclosure body width.
Regarding Claim 19, DeCosta teaches that the at least one right, left, rear, and front enclosing frame members are made of a flexible material operably configured to be placed in a bent and overlapping configuration (see Figs. 5-7).
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 1-5, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over DeCosta in US Patent 5085212 in view of Gustafson in US Patent 4719935.
Regarding Claim 1, 4, and 5, DeCosta teaches a portable sunbathing enclosure comprising: an enclosure body: having a plurality of slender frame members (the panels 4/5/6/7 and 3) coupled together and operably configured to form a statically fixed upright structure defining a right side (5), defining a left side (4) opposing the left side, defining a rear end (7), and defining a front end (6) opposing the rear end; and having a fabric material (2) coupled to the plurality of slender frame members to define a right wall at the right side and with an inner surface and an outer surface opposing the inner surface of the right wall, a left wall at the left side and with an inner surface and an outer surface opposing the inner surface of the left wall, a rear wall at the rear end and with an inner surface and an outer surface opposing the inner surface of the rear wall, a front wall at the front end and with an inner surface and an outer surface opposing the inner surface of the front wall, a bottom wall (3) interposed between the right wall and left wall, interposed between the rear wall and the front wall, and with an inner surface and an outer surface opposing the inner surface of the bottom wall, wherein the inner surfaces of the right wall, left wall, rear wall, front wall, and bottom wall are light reflective (“sun reflecting fabric” – see Column 2, lines 38-39) and enclose and define a sunbathing cavity; defining an upper opening (the upper opening) disposed to provide ambient access to the sunbathing cavity.
DeCosta is silent on the use of a cover. Gustafson teaches an enclosure body (15) and a cover (18) selectively removably coupled (via 19/91) to the enclosure body, configured to cover the upper opening (at 87), and of a transparent material (“transparent window”). Gustafson further teaches that the cover is operably configured to selectively removably couple to the fabric material around a perimeter of the upper opening with an upper zipper (19) assembly and a first coupling strip (91) coupled to the fabric material proximal to the upper opening; and a second coupling strip (87) coupled to the cover and configured to couple with the first coupling strip in a hook-and-loop configuration. 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 DeCosta by adding a cover as taught by Gustafson in order to allow the user to have more privacy when in the enclosure.
Regarding Claim 2, DeCosta, as modified, teaches that the plurality of slender frame members are made of a flexible material operably configured to be placed in a bent and overlapping configuration (see Figs. 5-7).
Regarding Claim 3, DeCosta, as modified, teaches that the statically fixed upright structure includes the right wall and the left wall in a substantially parallel configuration with one another and the rear wall and the front wall disposed in a substantially parallel configuration with one another (see Fig. 1).
Regarding Claim 8, DeCosta, as modified, teaches that the enclosure body further comprises: a plurality of loops (13) coupled to and extending outwardly away from the enclosure body and disposed proximal to the bottom wall.
Regarding Claim 13, DeCosta, as modified, teaches an enclosure body length (along the sides 4 and 5) separating the rear and front walls and an enclosure body width (along the ends 6 and 7) separating the right and left walls; at least one right slender enclosing frame member (the panel 4) enclosing an open area, disposed proximal to the right side, and substantially spanning the enclosure body length; at least one left slender enclosing frame member (panel 5) enclosing an open area, disposed proximal to the left side, and substantially spanning the enclosure body length; at least one rear slender enclosing frame member (panel 7) enclosing an open area, disposed proximal to the rear side, and substantially spanning the enclosure body width; and at least one front slender enclosing frame member (panel 6) enclosing an open area, disposed proximal to the front side, and substantially spanning the enclosure body width, wherein the at least one rear and front enclosing frame members interpose and directly couple with the at least one right and left slender enclosing frame members (see Fig. 1).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over DeCosta, as modified, as applied to claim 1 above, and further in view of Pescovitz in US Publication 2018/0073268. DeCosta, as modified, is silent on the use of removable panels. Pescovitz teaches an enclosure including a wall (408) and a selectively removable portion (800) configured to define a wall opening disposed to provide ambient access to the sunbathing cavity within the enclosure, wherein the selectively removable portion is operably configured to selectively removably couple to the fabric material around a perimeter of the opening via a zipper assembly (802). 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 DeCosta, as modified, by adding zippered removable panels as taught by Pescovitz to the right, left, and front walls in order to allow the user to enter the enclosure from any convenient side.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over DeCosta, as modified, as applied to Claim 1 above, and further in view of Conforti in US Publication 2005/0247415. DeCosta is silent on the use of a loop or a pocket on the interior of the enclosure. Conforti teaches an enclosure including a body with at least one cover retaining loop (4) coupled to the inside surface of at least one wall and at least one pocket (9) coupled to the inside surface of at least wall. 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 DeCosta, as modified, by adding an inside loop and pocket as taught by Conforti to one of the right wall, the left wall, the rear wall, and the front wall in order to allow the user to store things within reach of themselves when inside the enclosure and attach things to the walls.
Claim 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over DeCosta, as applied to Claim 14 above in view of Gustafson in US Patent 4719935. DeCosta is silent on the use of a cover. Gustafson teaches an enclosure body (15) and a cover (18) selectively removably coupled (via 19/91) to the enclosure body, configured to cover the upper opening (at 87), and of a transparent material (“transparent window”). Gustafson further teaches that the cover is operably configured to selectively removably couple to the fabric material around a perimeter of the upper opening with an upper zipper (19) assembly and a first coupling strip (91) coupled to the fabric material proximal to the upper opening; and a second coupling strip (87) coupled to the cover and configured to couple with the first coupling strip in a hook-and-loop configuration. 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 DeCosta by adding a cover as taught by Gustafson in order to allow the user to have more privacy when in the enclosure.
Allowable Subject Matter
Claims 6 and 7 are 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. Mowry, Proctor, Wheless, Kessman, Baker, Johnston, Kolsch, Elliott, and Hovagimian-Beck et al. teach sunbathing enclosures.
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 Chandler Hawk/Primary Examiner, Art Unit 3636