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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2008/120071 (English).
Regarding Claim 1, English teaches a frame for a shelter comprising: a first leg (A on the left of the device, see below) coupled to a second leg (B on the left) by two “first side” rib members (23) scissor-type coupled together (see Fig. 13), wherein: an upper end of the first of the two “first side” rib members is coupled (at 24) to a top end of the first leg; an upper end of the second of the two “first side” rib members is coupled (at 24) to a top end of the second leg; a third leg (A on the right of the device) coupled to a fourth leg (B on the right) by two “second side” rib members (23) scissor-type coupled together, wherein: an upper end of the first of the two “second side” rib members is coupled (at 24) to a top end of the third leg; an upper end of the second of the two “second side” rib members is coupled (at 24) to a top end of the fourth leg; a first slidable coupler (25) slidably coupled to the first leg, wherein a lower end of the second of the two “first side” rib members is coupled to the first slidable coupler; a second slidable coupler (25) slidably coupled to the second leg, wherein a lower end of the first of the two “first side” rib members is coupled to the second slidable coupler; a third slidable coupler (25) slidably coupled to the third leg, wherein a lower end of the second of the two “second side” rib members is coupled to the third slidable coupler; a fourth slidable coupler (25) slidably coupled to the fourth leg, wherein a lower end of the first of the two “second side” rib members is coupled to the fourth slidable coupler; a first arch rail (C on the left) coupled to a second arch rail (D on the left) by two “first side arch rail” rib members (15) scissor-type coupled (at 15a) together, wherein: an upper end of the first of the two “first side arch rail” rib members is coupled (at 16) to a top end of the first arch rail; an upper end of the second of the two “first side arch rail” rib members is coupled (at 16) to a top end of the second arch rail; a third arch rail (C on the right) coupled to a fourth arch rail (D on the right) by two “second side arch rail” rib members (15) scissor-type coupled together (at 15a), wherein: an upper end of the second of the two “second side arch rail” rib members is coupled (at 16) to a top end of the third arch rail; an upper end of the second of the two “second side arch rail” rib members is coupled (at 16) to a top end of the fourth arch rail; a fifth slidable coupler (17) slidably coupled to the first arch rail, wherein a lower end of the second of the two “first side arch rail” rib members is coupled to the fifth slidable coupler; a sixth slidable coupler (17) slidably coupled to the second arch rail, wherein a lower end of the first of the two “first side arch rail” rib members is coupled to the sixth slidable coupler; a seventh slidable coupler (17) slidably coupled to the third arch rail, wherein a lower end of the first of the two “second side arch rail” rib members is coupled to the seventh slidable coupler; an eighth slidable coupler (17) slidably coupled to the fourth arch rail, wherein a lower end of the second of the two “second side arch rail” rib members is coupled to the eighth slidable coupler; a first leg/arch rail coupler (3) coupling the first leg to the first arch rail; a second leg/arch rail coupler (3) coupling the second leg to the second arch rail; a third leg/arch rail coupler (3) coupling the third leg to the third arch rail; a fourth leg/arch rail coupler (3) coupling the fourth leg to the fourth arch rail; a first arch rail/arch rail coupler coupling the first arch rail to the third arch rail; a second arch rail/arch rail coupler (5) coupling the second arch rail to the fourth arch rail; wherein: a sliding of the first slidable coupler in a first direction along the first leg and a sliding of the second slidable coupler in the first direction along the second leg causes the first leg and the second leg to move towards each other (see Fig. 13); a sliding of the first slidable coupler in a direction opposite the first direction along the first leg and a sliding of the second slidable coupler in a direction opposite the first direction along the second leg causes the first leg and the second leg to move away from each other (see Fig. 13); a sliding of the third slidable coupler in a first direction along the third leg and a sliding of the fourth slidable coupler in the first direction along the fourth leg causes the third leg and the fourth leg to move towards each other (see Fig. 13); a sliding of the third slidable coupler in a direction opposite the first direction along the third leg and a sliding of the fourth slidable coupler in a direction opposite the first direction along the fourth leg causes the third leg and the fourth leg to move away from each other (see Fig. 13); a sliding of the fifth slidable coupler in a first direction along the first arch rail and a sliding of the sixth slidable coupler in the first direction along the second arch rail causes the first arch rail and the second arch rail to move towards each other (see Fig. 13); a sliding of the fifth slidable coupler in a direction opposite the first direction along the first arch rail and a sliding of the sixth slidable coupler in a direction opposite the first direction along the second arch rail causes the first arch rail and the second arch rail to move away from each other (see Fig. 13); a sliding of the seventh slidable coupler in a first direction along the third arch rail and a sliding of the eighth slidable coupler in the first direction along the fourth arch rail causes the third arch rail and the fourth arch rail to move towards each other (see Fig. 13); and a sliding of the seventh slidable coupler in a direction opposite the first direction along the third arch rail and a sliding of the eighth slidable coupler in a direction opposite the first direction along the fourth arch rail causes the third arch rail and the fourth arch rail to move away from each other (see Fig. 13); and wherein: the respective leg/arch rail couplers permit angles greater than 90° (See Fig. 1) and less than 90° (see Fig. 3) to be formed (i) between the first leg and first arch rail, (ii) between the second leg and second arch rail, (iii) between the third leg and third arch rail, and (iv) between the fourth leg and fourth arch rail; and the respective arch rail/arch rail couplers permit angles less than 180° (see Fig. 1) and greater than 180° (see Fig. 3) to be formed (i) between the first arch rail and the third arch rail and (ii) between the second arch rail and the fourth arch rail.
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Regarding Claim 2, English teaches a first fixed coupler (24) for coupling the upper end of the first of the two “first side” rib members to the top end of the first leg; a second fixed coupler (24) for coupling the upper end of the second of the two “first side” rib members to the top end of the second leg; a third fixed coupler (24) for coupling the upper end of the first of the two “second side” rib members to the top end of the third leg; a fourth fixed coupler (24) for coupling an upper end of the second of the two “second side” rib members to the top end of the fourth leg; a fifth fixed coupler (16) for coupling the upper end of the first of the two “first side arch rail” rib members to the top end of the first arch rail; a sixth fixed coupler (16) for coupling the upper end of the second of the two “first side arch rail” rib members is coupled to the top end of the second arch rail; a seventh fixed coupler (16) for coupling the upper end of the second of the two “second side arch rail” rib members to the top end of the third arch rail; and an eighth fixed coupler (16) for coupling the upper end of the first of the two “second side arch rail” rib members to the top end of the fourth arch rail.
Regarding Claim 3, English teaches a fifth leg (C on the left) coupled to the second leg by two rib members (23, see Fig. 13) scissor-type coupled together; a sixth leg (C on the right) coupled to the fourth leg by two rib members (23) scissor-type coupled together; a fifth arch rail (F on the left) coupled to the second arch rail by two rib members scissor-type coupled together (15); and a sixth arch rail (F on the right) coupled to the fourth arch rail by two rib members (15) scissor-type coupled together.
Regarding Claim 11, English teaches a cover (“the cover” – see Page 6, lines 1-2) for covering the frame for a shelter.
Regarding Claim 13, English teaches, through the normal and customary use of the device, a method of collapsing a frame for a shelter, wherein the frame of the shelter is comprised as claimed in claim 1, wherein the method comprises the steps of: (from Fig. 12 to Fig. 6) sliding the first slidable coupler in a first direction along the first leg and sliding the second slidable coupler in the first direction along the second leg causing the first leg and the second leg to move towards each other; sliding the third slidable coupler in a first direction along the third leg and sliding the fourth slidable coupler in the first direction along the fourth leg causing the third leg and the fourth leg to move towards each other; sliding the fifth slidable coupler in a first direction along the first arch rail and sliding the sixth slidable coupler in the first direction along the second arch rail causing the first arch rail and the second arch rail to move towards each other; sliding the seventh slidable coupler in a first direction along the third arch rail and sliding the eighth slidable coupler in the first direction along the fourth arch rail causing the third arch rail and the fourth arch rail to move towards each other; and rotating (see the steps of Fig. 1 to Fig. 5 to Fig. 3) each arch rails relative to the leg with which the arch rail is associated such that (i) the angle between the first leg and first arch rail becomes less than 90°, (ii) the angle between the second leg and the second arch rail becomes less than 90°, (iii) the angle between the third leg and the third arch rail becomes less than 90°, and (iv) the angle between the fourth leg and the fourth arch rail becomes less than 90°; and rotating the first arch rail relative to the third arch rail such that the angle therebetween increases from less than 180° to greater than 180° and rotating the second arch rail relative to the fourth arch rail such that the angle therebetween increases from less than 180° to greater than 180º.
Regarding Claim 14, English teaches (see Claim 12) a method of expanding a frame for a shelter, wherein the frame of the shelter is comprised as claimed in claim 1, wherein the method comprises the steps of: sliding the first slidable coupler in a direction opposite the first direction along the first leg and sliding the second slidable coupler in a direction opposite the first direction along the second leg causing the first leg and the second leg to move away from each other; sliding the third slidable coupler in a direction opposite the first direction along the third leg and sliding the fourth slidable coupler in a direction opposite the first direction along the fourth leg causing the third leg and the fourth leg to move away from each other; sliding the fifth slidable coupler in a direction opposite the first direction along the first arch rail and sliding the sixth slidable coupler in a direction opposite the first direction along the second arch rail causing the first arch rail and the second arch rail to move away from each other; sliding the seventh slidable coupler in a direction opposite the first direction along the third arch rail and sliding the eighth slidable coupler in a direction opposite the first direction along the fourth arch rail causing the third arch rail and the fourth arch rail to move away from each other; rotating each arch rail relative to the leg with which the arch rail is associated such that (i) the angle between the first leg and first arch rail increases from less than 90° to greater than 90°, (ii) the angle between the second leg and the second arch rail increases from less than 90° to greater than 90°, (iii) the angle between the third leg and the third arch rail increases from less than 90° to greater than 90°, and (iv) the angle between the fourth leg and the fourth arch rail increases from less than 90° to greater than 90°; and rotating the first arch rail relative to the third arch rail such that the angle therebetween decreases from greater than 180° to less than 180° and rotating the second arch rail relative to the fourth arch rail such that the angle therebetween decreases from greater than 180º to less than 180°.
Regarding Claim 15, English teaches (see Page 6, lines 1-2) providing a cover (‘the cover”) on said frame to provide shelter to an animal or pet positioned within the space created by the frame in its expanded condition.
Regarding Claim 4, English teaches a frame for a shelter comprising: a first leg (A on the left) coupled to a second leg (B on the left); a third leg (A on the right) coupled to a fourth leg (B on the right); a first arch rail (C on the left) coupled to a second arch rail (D on the left); a third arch rail (C on the right) coupled to a fourth arch rail (D on the right); a first leg/arch rail coupler (3) coupling the first leg to the first arch rail; a second leg/arch rail coupler (3) coupling the second leg to the second arch rail; a third leg/arch rail coupler (3) coupling the third leg to the third arch rail; a fourth leg/arch rail coupler (3) coupling the fourth leg to the fourth arch rail; a first arch rail/arch rail coupler (5) coupling the first arch rail to the third arch rail; a second arch rail/arch rail coupler (5) coupling the second arch rail to the fourth arch rail; wherein: the respective leg/arch rail couplers permit angles greater than 90° (Fig. 1) and less than 90° (Fig. 3) to be formed (i) between the first leg and first arch rail, (ii) between the second leg and second arch rail, (iii) between the third leg and third arch rail, and (iv) between the fourth leg and fourth arch rail; and the respective arch rail/arch rail couplers permit angles less than 180° (Fig. 1) and greater than 180° (Figs. 2, 3) to be formed (i) between the first arch rail and the third arch rail and (ii) between the second arch rail and the fourth arch rail.
Regarding Claim 5, English teaches two “first side” rib members (23) scissor-type coupled together for coupling the first leg to the second leg; two “second side” rib members (23) scissor-type coupled together for coupling the third leg to the fourth leg; wherein the “first side” rib members and the “second side” rib members permit the expansion and the collapsing of the frame by movement of respective rib members along respective legs of the frame (see Fig 13).
Regarding Claim 6, English teaches two “first side arch rail” rib members (15) scissor-type coupled together for coupling the first arch rail to the second arch rail; and two “second side arch rail” rib members (15) scissor-type coupled together for coupling the third arch rail to the fourth arch rail; and wherein the “first side arch rail” rib members and the “second side arch rail” rib members permit the expansion and the collapsing of the frame by movement of respective rib members along respective legs of the frame (see Fig. 13).
Regarding Claim 7, English teaches that the first arch rail and the third arch rail are rotatable relative to each other such that angles of at least 324° (see Fig. 3) and less than 162° (see Fig. 1) are formable therebetween; and the second arch rail and the fourth arch rail are rotatable relative to each other such that angles of at least 324° (see Fig. 3) and less than 162° (see Fig. 1) are formable therebetween.
Regarding Claim 12, English teaches a cover (“the cover” – see Page 6, lines 1-2) for covering the frame for a shelter.
Regarding Claim 16, English teaches, through the normal and customary use of the device, a method of collapsing a frame for a shelter, wherein the frame of the shelter is comprised as claimed in claim 4, wherein the method comprises the steps of: moving the first leg and the second leg towards each other (from Fig. 12 to Fig. 6); moving the third leg and the fourth leg towards each other (from Fig. 12 to Fig. 6); moving the first arch rail and the second arch rail towards each other (from Fig. 12 to Fig. 6); moving the third arch rail and the fourth arch rail towards each other (from Fig. 12 to Fig. 6); rotating each arch rails (from Fig.1 to Fig. 3) relative to the leg with which the arch rail is associated such that (i) the angle between the first leg and first arch rail becomes less than 90°, (ii) the angle between the second leg and the second arch rail becomes less than 90°, (iii) the angle between the third leg and the third arch rail becomes less than 90°, and (iv) the angle between the fourth leg and the fourth arch rail becomes less than 90°; and rotating the first arch rail relative to the third arch rail (from Fig. 1 to Fig. 3) such that the angle therebetween increases from less than 180° to greater than 180° and rotating the second arch rail relative to the fourth arch rail such that the angle therebetween increases from less than 180° to greater than 180º.
Regarding Claim 17, English teaches (see Claim 12) a method of expanding a frame for a shelter, wherein the frame of the shelter is comprised as claimed in claim 4, wherein the method comprises the steps of: moving the first leg and the second leg away from each other; moving the third leg and the fourth leg away from each other; moving the first arch rail and the second arch rail away from each other; moving the third arch rail and the fourth arch rail away from each other; rotating each arch rail relative to the leg with which the arch rail is associated such that (i) the angle between the first leg and first arch rail increases from less than 90° to greater than 90°, (ii) the angle between the second leg and the second arch rail increases from less than 90° to greater than 90°, (iii) the angle between the third leg and the third arch rail increases from less than 90° to greater than 90°, and (iv) the angle between the fourth leg and the fourth arch rail increases from less than 90° to greater than 90°; and rotating the first arch rail relative to the third arch rail such that the angle therebetween decreases from greater than 180° to less than 180° and rotating the second arch rail relative to the fourth arch rail such that the angle therebetween decreases from greater than 180º to less than 180°.
Regarding Claim 8, English teaches a frame for a shelter comprising: a first leg (A on the left) coupled to a second leg (B on the left); a third leg (A on the right) coupled to a fourth leg (B on the right); a first arch rail (C on the left) coupled to a second arch rail (D on the left) by two “first side arch rail” rib members (15) scissor-type coupled together, wherein: an upper end of the first of the two “first side arch rail” rib members is coupled (at 16) to a top end of the first arch rail; an upper end of the second of the two “first side arch rail” rib members is coupled (at 16) to a top end of the second arch rail; a third arch rail (C on the right) coupled to a fourth arch rail (D on the right) by two “second side arch rail” rib members (15) scissor-type coupled together, wherein: an upper end of the first of the two “second side arch rail” rib members is coupled (at 16) to a top end of the third arch rail; an upper end of the second of the two “second side arch rail” rib members is coupled (at 16) to a top end of the fourth arch rail; a first slidable coupler (17) slidably coupled to the first arch rail, wherein a lower end of the second of the two “first side arch rail” rib members is coupled to the first slidable coupler; a second slidable coupler (17) slidably coupled to the second arch rail, wherein a lower end of the first of the two “first side arch rail” rib members is coupled to the second slidable coupler; a third slidable coupler (17) slidably coupled to the third arch rail, wherein a lower end of the first of the two “second side arch rail” rib members is coupled to the third slidable coupler; a fourth slidable coupler (17) slidably coupled to the fourth arch rail, wherein a lower end of the second of the two “second side arch rail” rib members is coupled to the fourth slidable coupler; a first leg/arch rail coupler (3) coupling the first leg to the first arch rail; a second leg/arch rail coupler (3) coupling the second leg to the second arch rail; a third leg/arch rail coupler (3) coupling the third leg to the third arch rail; a fourth leg/arch rail coupler (3) coupling the fourth leg to the fourth arch rail; a first arch rail/arch rail coupler (5) coupling the first arch rail to the third arch rail; a second arch rail/arch rail coupler (5) coupling the second arch rail to the fourth arch rail; wherein: a sliding of the first slidable coupler in a first direction along the first arch rail and a sliding of the second slidable coupler in the first direction along the second arch rail causes the first arch rail and the second arch rail to move towards each other (see Fig. 6); a sliding of the first slidable coupler in a direction opposite the first direction along the first arch rail and a sliding of the second slidable coupler in a direction opposite the first direction along the second arch rail causes the first arch rail and the second arch rail to move away from each other (see Fig. 13); a sliding of the third slidable coupler in a first direction along the third arch rail and a sliding of the fourth slidable coupler in the first direction along the fourth arch rail causes the third arch rail and the fourth arch rail to move towards each other (see Fig. 6); and a sliding of the third slidable coupler in a direction opposite the first direction along the third arch rail and a sliding of the fourth slidable coupler in a direction opposite the first direction along the fourth arch rail causes the third arch rail and the fourth arch rail to move away from each other (see Fig. 13).
Regarding Claim 9, English teaches: two “first side” rib members (23) scissor-type coupled together for coupling the first leg to the second leg, wherein: an upper end of the first of the two “first side” rib members is coupled (at 24) to a top end of the first leg; an upper end of the second of the two “first side” rib members is coupled (at 24) to a top end of the second leg; two “second side” rib members (23) scissor-type coupled together for coupling the third leg to the fourth leg, wherein: an upper end of the first of the two “second side” rib members is coupled (at 24) to a top end of the third leg; an upper end of the second of the two “second side” rib members is coupled (at 24) to a top end of the fourth leg; a fifth slidable coupler (25) slidably coupled to the first leg, wherein a lower end of the second of the two “first side” rib members is coupled to the fifth slidable coupler; a sixth slidable coupler (25) slidably coupled to the second leg, wherein a lower end of the first of the two “first side” rib members is coupled to the sixth slidable coupler; a seventh slidable coupler (25) slidably coupled to the third leg, wherein a lower end of the second of the two “second side” rib members is coupled to the seventh slidable coupler; an eighth slidable coupler (25) slidably coupled to the fourth leg, wherein a lower end of the first of the two “second side” rib members is coupled to the eighth slidable coupler; wherein: a sliding of the fifth slidable coupler in a first direction along the first leg and a sliding of the sixth slidable coupler in the first direction along the second leg causes the first leg and the second leg to move towards each other; a sliding of the fifth slidable coupler in a direction opposite the first direction along the first leg and a sliding of the sixth slidable coupler in a direction opposite the first direction along the second leg causes the first leg and the second leg to move away from each other; a sliding of the seventh slidable coupler in a first direction along the third leg and a sliding of the eighth slidable coupler in the first direction along the fourth leg causes the third leg and the fourth leg to move towards each other; a sliding of the seventh slidable coupler in a direction opposite the first direction along the third leg and a sliding of the eighth slidable coupler in a direction opposite the first direction along the fourth leg causes the third leg and the fourth leg to move away from each other (see Fig. 13).
Regarding Claim 10, English teaches that the respective leg/arch rail couplers permit angles greater than 90° (see Fig. 1) and less than 90° (see Fig. 3) to be formed (i) between the first leg and first arch rail, (ii) between the second leg and second arch rail, (iii) between the third leg and third arch rail, and (iv) between the fourth leg and fourth arch rail; and the respective arch rail/arch rail couplers permit angles less than 180° (see Fig. 1) and greater than 180° (see Fig. 3) to be formed (i) between the first arch rail and the third arch rail and (ii) between the second arch rail and the fourth arch rail.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Marino, Larson, Tseng, Shiina, Chi-Yuan, Hotes et al., Navarro, Rainwater, and LeMoine et al. teach shelter frames.
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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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.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636