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 2 is objected to because of the following informalities:
Claim 2 contains a typographical error. In the last line, “leg tub” should be “leg tube”.
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.
(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.
Claim(s) 1, 3-5 and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by PG Pub. US 2025/0163703 – He.
Regarding claim 1.
He discloses a quickly installed, expandable, and modularly designed louver awning (See fig 1), comprising:
several leg tubes (1, fig 1);
a ring beam frame (including 9 and 17, fig 1) disposed on upper ends of the leg tubes (See fig 1); and
a louver system (including 28, fig 4) disposed on the ring beam frame (See fig 1), wherein the ring beam frame comprises several ring beams (9 and 17, fig 1) slidably installed on the leg tubes (See figs 1 and 13), ring beam linings (21, fig 3) firmly disposed in ends of the respective ring beams (Paragraph [0046]; surfaces of the connection blocks 21 are mated with inner cavities of the cross beam bodies 17 and the side beam bodies 9,), and ring beam baffle plates (27, fig 3; examiner notes that Merriam-Webster online provides a definition of “plate” as “5: a horizontal structural member that provides bearing and anchorage especially for the trusses of a roof or the rafters”, and that the element 27 of He meets the limitation as currently claimed.) connected to the respective ring beam linings (21, fig 3) by first fasteners (26, fig 3),
wherein each of the ring beam baffle plates and the respective ring beam lining sandwich a shell wall of the respective leg tube (Paragraph [0046]; … the shape of the stand column connector 19 is identical to that of the top end of the stand column body 1, and second through holes 20 are formed in the positions of two sides of the stand column connector 19 corresponding to the mounting holes 7 on the two sides of the stand column body 1; … third through holes 23 are formed in the positions of the connection blocks 21 corresponding to the second through holes 20; and in this embodiment, the connection blocks 21 and the side beam bodies 9 and the cross beam bodies 17 adopt the split design and are fixed in a bolted manner), with the each of the ring beam baffle plates (27, fig 3) being disposed inside the respective leg tube (1, fig 1) .
Regarding claim 3.
He discloses all limitations of claim 1.
He further discloses a leg tube lining (19, fig 1) is fastened in an upper end of each of the leg tubes (1, fig 1), and the leg tube lining and the respective ring beam lining (21, fig 3) are connected through the respective first fastener (26, fig 3; Paragraph [0046]; … the shape of the stand column connector 19 is identical to that of the top end of the stand column body 1, and second through holes 20 are formed in the positions of two sides of the stand column connector 19 corresponding to the mounting holes 7 on the two sides of the stand column body 1; … third through holes 23 are formed in the positions of the connection blocks 21 corresponding to the second through holes 20; and in this embodiment, the connection blocks 21 and the side beam bodies 9 and the cross beam bodies 17 adopt the split design and are fixed in a bolted manner).
Regarding claim 4.
He discloses all limitations of claim 3.
He further discloses the leg tube lining (19, fig 1) comprises a leg tube lining body and two leg tube lining connecting (20, fig 1) parts respectively disposed on two sides of the leg tube lining body (See fig 1), the leg tube lining body is configured to be embedded into a tube cavity of the respective leg tube (Paragraph [0046]; In order to mount the cross beam combinations and the side beam combinations on the stand column combinations, the connection assemblies are provided at the junctions thereof. Specifically, the connection assembly includes a stand column connector 19 provided at the top end of the stand column body 1, the shape of the stand column connector 19 is identical to that of the top end of the stand column body 1, and second through holes 20 are formed in the positions of two sides of the stand column connector 19 corresponding to the mounting holes 7 on the two sides of the stand column body 1;), and the leg tube lining connecting parts are configured to be connected to the respective ring beam lining (Paragraph [0046]; second through holes 20 are formed in the positions of two sides of the stand column connector 19 corresponding to the mounting holes 7 on the two sides of the stand column body 1;); and the leg tube lining body is an L-shaped structure (See fig 1) or a U-shaped structure.
Regarding claim 5.
He discloses all limitations of claim 1.
He further discloses the leg tubes (1, fig 1) are capable of being connected to ring beams (9 and 17, fig 1) of another one or more louver awnings (See fig 13), to implement splicing or expansion between different louver awnings (See fig 13).
Regarding claim 9.
He discloses all limitations of claim 1.
He further discloses one of the ring beams is provided with a ring beam slot (receiving 37 in fig 1), the louver system comprises a louver apparatus disposed at an upper end of the ring beam frame (See fig 1) and an electric driving module configured to drive the louver apparatus to fold and unfold (Paragraph [0043]; Specifically, when the angle of the louver combination needs to be adjusted, a driving motor can be turned on by means of an external controller, an output shaft of the driving motor can drive, by means of the gearbox 37, the driving sheet 36 to move, and then the louver combination is driven by means of the transmission sheets and the louver sealing plates 29 to perform angle adjustment. Electric driving is adopted in this embodiment,), the electric driving module comprises a cover plate (36, fig 1) and an electric driving mechanism disposed on the cover plate (Paragraph [0043]; Specifically, when the angle of the louver combination needs to be adjusted, a driving motor can be turned on by means of an external controller, an output shaft of the driving motor can drive, by means of the gearbox 37, the driving sheet 36 to move), the cover plate is detachably connected to the ring beam (See fig 1), and covers the ring beam slot, and the electric driving mechanism is installed in the ring beam through the ring beam slot (Paragraph [0043]; Specifically, when the angle of the louver combination needs to be adjusted, a driving motor can be turned on by means of an external controller, an output shaft of the driving motor can drive, by means of the gearbox 37, the driving sheet 36 to move, and then the louver combination is driven by means of the transmission sheets and the louver sealing plates 29 to perform angle adjustment. Electric driving is adopted in this embodiment,).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over He.
Regarding claim 2.
He discloses all limitations of claim 1.
He further discloses the respective first fastener connects the respective ring beam lining, the each of the ring beam baffle plates, and the shell wall of the leg tube (Paragraph [0046]; bolts 26 and nuts 27 are further included, and the connection blocks 21 are bolted and fixed to the top ends of the stand column bodies 1 by means of the bolts 26 and the nuts 27).
He discloses the claimed invention except for a head of the respective first fastener being disposed further inside the respective leg tub than the each of the ring beam baffle plates.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to reverse the orientation of the nut/bolt or baffle plate/fastener, since it has been held that the reversal of parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(A). One of ordinary skill in the art would have been motivated to make this modification to provide easier access to the heads of the bolts. Note that in the instant application, in paragraph [0050], the applicant has not disclosed any criticality for the claimed limitation.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over He in view of PG Pub. US 2025/0034903 A1 – Shao and US Pat. 9,371,652 – Malott.
Regarding claim 6.
He discloses all limitations of claim 1.
He further discloses the louver system comprises a louver apparatus (including 28, fig 4) disposed on an upper end of the ring beam frame (See fig 1).
He does not disclose a worm gear mechanism configured to drive the louver apparatus to fold and unfold, and a rocking rod configured to drive the worm gear mechanism to work, an upper end of the rocking rod is provided with a limiting part, an input end of the worm gear mechanism cooperates with and is connected to a hanging piece, the hanging piece is provided with a limiting groove, a bottom opening, and a side opening, the limiting groove communicates with the bottom opening, the limiting groove communicates with the side opening, the limiting groove is configured to limit and cooperate with the limiting part, the bottom opening is used for the limiting part to extend into the limiting groove from a bottom of the hanging piece, and the side opening is used for the limiting part to extend from a side surface of the hanging piece into the limiting groove.
However, Shao teaches a worm gear mechanism (9, fig 12) configured to drive the louver apparatus (3, fig 1) to fold and unfold, and a rocking rod (91, fig 12) configured to drive the worm gear mechanism to work (Paragraph [0052]; When in the manual drive mode, the end portion of the worm is fixed to a sleeve, which can be manually driven by means of a handle 91.),
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the awning of He with the worm gear and rocking rod of Shao. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allow for operation of the louvers.
Also, Malott teaches an upper end of the rocking rod is provided with a limiting part (at 500 in fig 4), an input end of the worm gear mechanism (at 113, fig 4) cooperates with and is connected to a hanging piece (112, fig 4; See also fig 3), the hanging piece is provided with a limiting groove (See annotated fig 4), a bottom opening (to receive 500, fig 4; See annotated fig 4), and a side opening (See annotated fig 4), the limiting groove communicates with the bottom opening (See annotated fig 4), the limiting groove communicates with the side opening (See annotated fig 4), the limiting groove is configured to limit and cooperate with the limiting part (See annotated fig 4), the bottom opening is used for the limiting part to extend into the limiting groove from a bottom of the hanging piece (See annotated fig 4), and the side opening is used for the limiting part to extend from a side surface of the hanging piece into the limiting groove (See annotated fig 4).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to further modify the awning of He with the rod connection of Malott. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing releasable attachment of the rocking rod.
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Regarding claim 7.
The combination of He, Shao, and Malott teaches all limitations of claim 6.
The combination, in Malott, further teaches the limiting groove and the side opening are horizontally penetrating structures (See annotated fig 4), the bottom opening communicates with a lower end of the side opening and a front side of the limiting groove (See annotated fig 4), the lower end and the front side penetrate to the outside (See annotated fig 4), and an upper end penetrates to the side opening (See annotated fig 4), and a rear side penetrates to the limiting groove (See annotated fig 4).
Regarding claim 8.
The combination of He, Shao, and Malott teaches all limitations of claim 6.
The combination, in Malott, further teaches the limiting part (at 500 in fig 4) comprises two limiting pins (See annotated fig 4) respectively disposed on a left side and a right side of the rocking rod (See annotated fig 4).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over He in view of US Pat. 10,858,840 – Ji et al., hereinafter Ji.
Regarding claim 10.
He discloses all limitations of claim 9.
He further discloses the electric driving mechanism comprises a push rod (34, fig 6) and a push rod connecting piece (32, fig 4) rotatably connected to the push rod (Paragraph [0042]; It should be noted that the driving assembly includes first linkage rods 34, the first linkage rod 34 is provided with a plurality of connection holes 35 in a length direction in a linear array manner, and the plurality of connection holes 35 are provided in correspondence to the plurality of louver transmission shafts 32;),
He does not disclose the push rod is an automatically telescopic push rod, a rear end of the push rod is connected to the cover plate through a third fastener, the cover plate is connected to a hoop member through a second fastener, and the hoop member holds a body of the push rod tightly on the cover plate.
However, Ji teaches the push rod (8, fig 3) is an automatically telescopic push rod (Column 5, lines 55-56; the electric control mechanism includes a linear actuator 8), a rear end of the push rod is connected to the cover plate through a third fastener (See annotated fig 3), the cover plate is connected to a hoop member (See annotated fig 3) through a second fastener (See annotated fig 3), and the hoop member holds a body of the push rod tightly on the cover plate (See annotated fig 3).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the awning of He with the push rod and attachments of Ji. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing a lower profile actuator for an aesthetic appearance.
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Response to Arguments
Applicant's arguments filed 4/21/2026 have been fully considered but they are not persuasive. Applicant argues that the nuts 27 of He do not constitute baffle plates, and that the nut and bolt arrangement of He is a unitary fastener, and that it is unreasonable to interpret the bolt alone as a fastener and the nut as a baffle plate. This is not persuasive. Applicant is reminded that claim terms are interpreted under a broadest reasonable interpretation standard, in light of the specification, and that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Although the bolts in He are used in conjunction with nuts, they remain a distinct component, and are, in themselves, devices for fastening, or fasteners. Similarly, the nuts of He meet a broadest reasonable interpretation in light of the applicant’s specification, of baffle plates, plates being flat rigid sheets of material, and baffles being plates that disrupt the flow of a fluid. When affixed in the apparatus of He, the nuts disrupt the flow of gasses through the leg tubes, and therefore meet the limitation as currently claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN W HANES JR whose telephone number is (571)272-8840. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W.H./Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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