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 § 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 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Losi, Jr. et al. in US Patent 5701923 in view of Zhou in US Publication 2010/0319743, Sun et al. in US Publication 2020/0240168, and Chen in US Publication 2014/0099115.
Regarding Claims 1 and 5, Losi teaches a tent frame, comprising a tent roof fixing block (7), wherein an outer side of the tent roof fixing block is movably connected to a plurality of first connection rods (the upper half of 3) through rotary shafts, and one ends of the plurality of first connection rods are movably connected to connectors (31) through rotary shafts; one sides of the plurality of connectors are movably connected to second connection rods (the lower half of 3) through rotary shafts, and one sides of the plurality of second connection rods are provided with supporting assemblies (1).
Losi is silent on the use of an unfolding mechanism. Zhou teaches an unfolding mechanism at the bottom of a tent roof fixing block (1) having first connection rods (3), the unfolding mechanism comprises an insertion rod (2), wherein the insertion rod is fixedly arranged at the bottom of the tent roof fixing block, the insertion rod is snapped into a guide plastic (6), and the insertion rod is slidably connected to the guide plastic; an exterior of the guide plastic is movably connected to a plurality of short guide rods (4) through rotary shafts (A, see below), and one ends of the plurality of short guide rods are movably connected to the plurality of first connection rods through rotary shafts (B) respectively; and a bottom of the insertion rod is movably provided with a mounting base (9) that is in snap fit with the insertion rod, an exterior of the mounting base is movably connected to a plurality of long guide rods (7) through rotary shafts (C), and one ends of the plurality of long guide rods are movably connected to the plurality of first connection rods through rotary shafts (D) respectively. 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 Losi by using an unfolding mechanism as taught by Zhou in order to provide a secure and durable fixing block for the device.
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Losi, as modified, is silent on the use of a locking mechanism between the insertion rod and mounting base. Sun teaches an unfolding mechanism, wherein one side of an insertion rod (401) is provided with a limiting hole (13), one side of a mounting base (202) is movably connected to a pressing plate (600) through a rotary shaft, a spring (12) is fixedly connected between the pressing plate and the mounting base, one side (610) of the pressing plate is connected to a limiting post (3/10) through a rotary shaft (11), and the limiting post extends into the limiting hole. 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 Losi, as modified, by adding a locking mechanism as taught by Sun in order to prevent the tent from collapsing inadvertently.
Losi, as modified, teaches that the supporting assemblies comprise fixed bases (5), the fixed bases are movably connected to the second connection rods through rotary shafts (8), supporting tubes (1) are fixedly mounted at bottoms of the fixed bases, and the supporting tubes are snapped into movable bases (6); first leaf springs (16) are arranged inside the movable bases; the first leaf springs are arranged inside the supporting tubes (see fig. 19), and one sides of the first leaf springs are provided with first pins (12); one sides of the supporting tubes are provided with third openings (14), and the first pins penetrate the third openings. Losi, as modified, also teaches the use of plugs (18) that are inserted into upper ends of the supporting rods. Losi, as modified, is silent on the use of buttons on the movable bases or second openings. Chen teaches a tent frame including a movable base (5) including a button (54) arranged on one side of the movable base and, the buttons make contact with the first pins, and side walls of the supporting tubes (42) are provided with a plurality of second openings (411). Chen further teaches that one sides of the supporting tubes (42) are provided with supporting rods (41), the supporting rods extend into the supporting tubes, and the supporting rods are internally provided with second leaf springs (the spring portion of 2); and one sides of the second leaf springs are provided with second pins (2), side walls of the supporting rods are provided with connection housings (514), the supporting rods are snapped into the connection housings, and the second pins penetrate the first openings and the second openings individually. 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 Losi, as modified, by adding buttons in the movable bases and second openings in order to prevent the user pinching their finger when closing the tent and to use supporting rods with second leaf springs as taught by Chen in order to allow the user to adjust the height of the tent.
Regarding Claim 6, Losi, as modified, teaches that one sides of the second connection rods are movably connected to middle rods (4) through rotary shafts (8), and one ends of the middle rods are movably connected to the movable bases through rotary shafts (8).
Regarding Claim 7, Losi, as modified, teaches that a link unit (including all rods 2) is arranged between every two adjacent supporting assemblies, the link unit comprises a plurality of connection rods (2), the plurality of connection rods are movably connected in a crossed manner, and two connection rods are arranged at each of two ends of the link unit; and one of the two connection rods at one end of the link unit is movably connected to a fixed base (5) at the one end through a rotary shaft (8), and the other one thereof is movably connected to a movable base (6) at the other end through a rotary shaft (8).
Regarding Claim 8, Losi, as modified, teaches that joints between the plurality of short guide rods and the guide plastic are distributed in a staggered manner (they are staggered between alternating first connection rods).
Response to Arguments
Applicant's arguments filed 4/3/2026 have been fully considered but they are not persuasive.
With respect to the applicant’s arguments regarding the Sun device: Sun plainly teaches all of the elements recited in the portion of the claim at issue. The use in Sun of different language to describe the recited elements does not change the fact that they are all present in the same structural relationship and function in the same manner as those recited by the applicant.
In response to Applicant’s argument that Sun includes additional structure not required by Applicant's invention, it must be noted that discloses the invention as claimed. The fact that it discloses additional structure not claimed is irrelevant.
In response to the applicant’s arguments regarding the plugs in the supporting rods: Losi teaches the use of plugs (18) in the upper end of support members.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Conclusion
THIS ACTION IS MADE FINAL. 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 NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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