Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serail number 18/621,335 filed 3/29/24. Claims 1-10 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The disclosure is objected to because of the following informalities:
the specification numbers sentences rather than paragraphs (see at least the sentences labeled [0006-008, 0017-0020, 0053-0056]);
Paragraphs [0025-0038] should end with a period ”.” rather than a semi-colon “;” ; and
The “and” should be deleted at the end of paragraph [0037].
Appropriate correction is required.
The drawings filed 3/29/24 are approved.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 2 it is not clear which transverse supporting assembly “the transverse supporting assembly” references as plural transverse supporting assemblies have been defined.
In claim 9, the limitation “is further movably” is unclear.
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 1-4, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 10,280,645 to Yang in view of U.S. Patent 7,066,676 to Tsai.
Yang provides a foldable tent (10) integrated with eaves (50), comprising transverse supporting assemblies (two opposing sides scissor assemblies 14) wherein longitudinal supporting assemblies (two opposing sides scissor assemblies 14) are arranged between the transverse supporting assemblies the transverse supporting assemblies are movably connected to the longitudinal supporting assemblies and one side of one transverse supporting assembly is movably provided with an extended eaves assembly (32/50); vertical supporting assemblies (telescoping legs 12) are arranged at end portions of the transverse supporting assemblies, the vertical supporting assemblies (12) comprise supporting sleeve rods and inner supporting rods , one ends of the inner supporting rods extend into the supporting sleeve rods (definition of telescoping), and the end portions of the transverse supporting assemblies are provided with linking mechanisms; the linking mechanisms comprise fixed bases (34) and movable bases (36), wherein the movable bases (36) “The slidable bracket 36 may be locked in position on the leg 12 when the frame is expanded. The slidable bracket 36 may be released from engagement on the leg 12 when the frame is collapsed” (col. 2, lns.30-35).
Yang fails to disclose that the locking mechanism comprises buttons and leaf springs arranged inside the supporting sleeve rods with limiting holes provided on one sides of the supporting sleeve rods, one ends of the leaf springs extend out of the second limiting holes and the buttons arranged on one sides of the movable bases to correspond to the second limiting holes.
Tsai teaches at the time of the effective filing date of the invention it was known to provide a slidable bracket 2 of folding tent with a locking mechanism comprised of engagement member for engaging button 41 of leaf spring 411 where the button 41 is arranged one side of the movable bracket 2 to correspond with a limit hole (fig.3).
It would have been nothing other than obvious choice of design at the time of the effective filing date of the invention to one having ordinary skill in the art to have selected the known locking mechanism taught by Tsai as the means for locking mechanism the slidable bracket of Yang. It would have been nothing other than an obvious substitution of one known locking mechanism for another absent any unexpected or unpredictable results.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of using a known means of locking the movable bracket 36 of Yang.
With respect to claims 2-3, see the cross-pivoted rods 16/18 of Yang.
With respect to claim 4, see connectors 40/42/44/48.
With respect to claim 9, as best understood, the transverse scissor assemblies and eaves assemblies are movable from an expanded to a collapsed configuration.
With respect to claim 10, as the legs of Yang are disclosed as telescopically adjustable positioning one side higher than the other is viewed as nothing other than an obvious choice of design to one having ordinary skill in the art at the time of the effective filing date of the invention for example to shed water in a desired direction.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 10,280,645 to Yang as modified above by U.S. Patent 7,066,676 to Tsai further in view of U.S. 2007/0012346 to Choi.
Yang as modified by Tsai provides each of the element of the claim as noted above except that the telescoping rods of the vertical supports of Yang are provided with connection housings where the inner supporting rods are internally provided with first leaf springs and one sides of the inner supporting rods are provided with plugs and the plugs extend into the inner supporting rods one sides of the supporting sleeve rods are provided with a plurality of first limiting holes and one ends of the first leaf springs extend out of the first limiting holes.
Choi teaches in Fig.3 that at the time of the effective filing date of the invention it was known that a vertical support pole of tent may be provided with connection housings where the inner supporting rods A are internally provided with first leaf springs 3 and one side of the inner supporting rods are provided with plugs (unlabeled but clearly shown in Fig.3) and the plugs extend into the inner supporting rods one sides of the supporting sleeve rods are provided with a plurality of first limiting holes A1 and one ends of the first leaf springs extend out of the first limiting holes.
It would have been nothing other than obvious choice of design at the time of the effective filing date of the invention to one having ordinary skill in the art to have selected the known telescoping leg assembly of Choi for the vertical supports of Yang. It would have been nothing other than an obvious substitution of one telescopically adjustable tent pole for another absent any unexpected or unpredictable results.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of using a known adjustable tent pole for Yang.
Claims 5-7 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.
The following is a statement of reasons for the indication of allowable subject matter: Yang nor any prior art of record teaches or adequately suggests the extended eaves assembly comprises third connection rods arranged on two sides, front ends of the third connection rods connected to each other in a crossed manner with the third connection rod on the one side connected to a fourth connection rod through a rotary shaft where the fourth connection rod is movably connected to the movable base.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note in particular:
U.S. 2011/0073148 to Choi which provides a folding tent with four vertical supporting legs, four sides and eave assemblies. Two of the side supporting assemblies may be considered longitudinal and the other two transverse. Fixed member A and sliding member B. The locking mechanism 200 for the sliding member is illustrated in Figure 9. The locking mechanism E of Figure 8 includes a leaf spring 101 and push button 107 but is disclosed for locking the inner and outer legs members rather than the sliding member to a leg.
The sliding eave mount 710 of U.S. Patent 10,072,439 to Lovely, II which uses a leaf spring 712.
The movable base of figure 6 of U.S. 2024/0376743 to Wang. Note though, Wang does not qualify as prior art.
The sliding support 2 of U.S. Patent 12,104,398 to Sun et al. (the parent PCT qualifies as prior art under 35 USC 102(a)(1)) includes a pressing sheet 6 for pressing button 3 of a spring.
The slider 1000 of U.S. 2022/0018152 to Dotterweich et al.
U.S. 2014/0099155 to Chen uses a knob 54 to press button 2 of leaf spring on a slider 5 of a foldable tent.
U.S. 2024/0318457 and U.S. 2024/0318458 each to Wang have an earlier effective filing date than the instant invention but fail to name another inventor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/ Primary Examiner, Art Unit 3636