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 Objections
Claim 13 is objected to because of the following informalities: “light emitted” should be changed to --wherein light emitted--. Appropriate correction is required.
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.
Claim(s) 1, 2, 5-7, 9-12, 14, 15, 17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gruskin (US 2021/0112729 A1).
Claim 1: Gruskin discloses a lighted shelter comprising: a shelter frame (110); a fabric panel (120) coupled to the shelter frame; a sleeve (126) coupled to the fabric panel (as seen in FIG. 3); and a lighting strip (125) held within the sleeve (FIG. 3; paragraph 36).
Claim 9: Gruskin discloses a lighted shelter comprising: a shelter frame (110); a fabric panel (120) coupled to the shelter frame; and a lighting strip (could be considered 125 or the combination of 125 and 126) coupled to the fabric panel.
Claim 17: Gruskin discloses a lighted shelter comprising: a shelter frame (110); a fabric panel (120) coupled to the shelter frame; a sleeve (126) coupled to the fabric panel (as seen in FIG. 3); and a lighting strip (125) held within the sleeve (FIG. 3; paragraph 36); wherein the sleeve is one of transparent or semi-transparent (“clear tape”; paragraph 36).
Claims 2 and 12: Gruskin discloses the sleeve as being one of transparent or semi-transparent (“clear tape”; paragraph 36).
Claims 4 and 14: Gruskin discloses the lighting strip as being flexible (lighting strips are attached to the fabric panel prior to setup of the tent, therefore must be able to bend/fold/flex along with the fabric panel; paragraph 37).
Claim 5: Gruskin discloses the fabric panel as being seam-taped at a join location with the sleeve (via 128a and 128b; FIG. 3).
Claim 6: Gruskin discloses the sleeve as being waterproof (“water-resistant or waterproof”; paragraph 36).
Claims 7, 15 and 19: Gruskin discloses the lighting strip as being powered by at least one of a wall outlet, battery, and solar panel (battery; paragraph 39), and wherein the lighting strip is controlled via at least one of an on/off switch, a remote, and a phone application (paragraphs 41 and 42 reference the LED lights as being “switched on” and “switched off” so they are controlled by at least an on/off switch).
Claim 10: Gruskin discloses the lighting strip as being waterproof (when the lighting strip is considered to be elements 125 and 126, sleeve 126 is “water-resistant or waterproof”; paragraph 36).
Claim 11: Gruskin discloses a sleeve (126, when the lighting strip is only considered element 125) coupled to the fabric panel (as seen in FIG. 3), and wherein the lighting strip is held within the sleeve (FIG. 3; paragraph 36).
Claim(s) 1, 2, 4, 7-9, 11, 12, 14-17, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wainwirght (US 6,382,825 B1).
Claims 1, 2, 9, 11, 12 and 17: Wainwright discloses a lighted shelter comprising: a shelter frame (col. 3, lines 60-62); a fabric panel (12) coupled to the shelter frame; a sleeve (18) coupled to the fabric panel (as seen in FIG. 2); and a lighting strip (20/22) held within the sleeve (FIGS. 2 and 3); wherein the sleeve is one of transparent or semi-transparent (“transparent”; col. 4, lines 5-8).
Claims 4 and 14: Wainwright discloses the lighting strip as being flexible (lighting strips are made of optical fibers which are flexible).
Claims 7, 15 and 19: Wainwright discloses the lighting strip as being powered by at least one of a wall outlet, battery, and solar panel (col. 4, lines 34-38), and wherein the lighting strip is controlled via at least one of an on/off switch, a remote, and a phone application (control 26/dial 28 can turn lights on/off; col. 4, lines 28-29).
Claims 8, 16 and 20: Wainwright discloses at least one of the following adjustable functions: light intensity; light brightness; color; and flash pattern (light intensity can be adjusted via dial 28; col. 4, lines 31-33.
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(s) 3, 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gruskin (US 2021/0112729 A1) as applied to claims 1, 9 and 17 above, and further in view of Tanaeim (US 2015/0034137 A1).
Gruskin is discussed above but deos not explicitly teach light emitted from the lighting strip to be present on an interior and an exterior of the lighted shelter. Tanaeim teaches a lighted shelter comprising: a shelter frame (not shown); a fabric panel (14) coupled to the shelter frame; and a lighting strip (12) coupled to the fabric panel, wherein light emitted from the lighting strip is present on an interior and an exterior of the lighted shelter (paragraph 13). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gruskin to include light strips that would also provide light on the exterior of the shelter, such as taught by Tanaeim, so that the area around the outside of the shelter could also be lit to aid users who are outside of the shelter.
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