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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “insert opening” recited in Claims 14, 16, 17, 19, 20, 23, and 26 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 14-20 and 22-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plasencia in US Patent 9194152.
Regarding Claim 14, Plasencia teaches a tent support structure comprising: a frame component (20); and an insert (474) fastened to the frame component, wherein the frame component is formed with an insert opening (the opening in 20 into which 474 is inserted), wherein the frame component is formed as a hollow profile (see Fig. 52) with the insert opening, wherein the insert comprises a receptacle for a rod (502), and wherein the receptacle protrudes through the insert opening into the frame component.
Regarding Claim 15, Plasencia teaches that the receptacle of the insert is formed as a blind hole, cylindrically (a “cylindrical bore”) , or both.
Regarding Claim 16, Plasencia teaches that the receptacle of the insert forms a receptacle opening (at the top end, see Fig. 47) on an outside of the frame component, wherein the receptacle opening is arranged corresponding to the insert opening.
Regarding Claim 17, Plasencia teaches that the receptacle of the insert has a longitudinal extension direction (along 584) which extends transversely to a normal direction of the insert opening.
Regarding Claim 18, Plasencia teaches that the insert is configured to be fastenable (via screw A, see below) to the frame component in a predetermined orientation.
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Regarding Claim 19, Plasencia teaches that the insert has a fastening region (B) which abuts against an outside of the frame component proximate to the insert opening.
Regarding Claim 20, Plasencia teaches that the insert is fastened to the frame component by a fastening element (A), or wherein the frame component has a fastening opening adjacent to the insert opening, wherein the fastening element extends through the fastening opening, or wherein the fastening element fastens the insert to the frame component at the fastening region, wherein the fastening element extends through the fastening region.
Regarding Claim 22, Plasencia teaches that the tent support structure forms at least one base platform (12), wherein the frame component is a part of the base platform.
Regarding Claim 23, Plasencia teaches a tent comprising: a tent shell (12); and a tent support structure comprising: a frame component (20); and an insert (474) fastened to the frame component; wherein the frame component is formed with an insert opening (the opening into which 474 is inserted), wherein the frame component is formed as a hollow profile (see Fig. 52) with the insert opening, wherein the insert comprises a receptacle (584) for a rod (502), and wherein the receptacle protrudes through the insert opening into the frame component, wherein the tent support structure at least partially spans the tent shell.
Regarding Claim 24, Plasencia teaches that the rod is fastened in the receptacle of the insert and at least partially spans a tent door, an over-tent (such as (420), or a tent window.
Regarding Claim 25, Plasencia teaches that the tent is configured as a roof tent (the tent forms a roof) or a trailer tent.
Regarding Claim 26, Plasencia teaches a tent support structure, comprising: a frame component (20) forming a hollow profile (see Fig. 52); and an insert (474) configured to fasten to the frame component, wherein the insert is configured to fasten to the frame component of the tent support structure, wherein the insert comprises a receptacle (574) for a rod (502), and wherein the receptacle is configured to protrude through an insert opening (the opening in 20 into which 474 is inserted) of the frame component into the frame component when the insert is fastened to the frame component.
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Plasencia, as applied to Claim 14 above. Plasencia teaches that the tent support structure comprises the rod arranged in the receptacle of the insert but is silent on the materials used therein. 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 Plasencia by manufacturing the device such that the insert is formed from a material which comprises zinc, the frame component is formed from an aluminum material, and the rod is formed from a steel material in order to meet the individual needs of the user since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Woodard et al., Litwin et al., Amoriello, Frederickson, Eriks, Ruzic et al., Hewitt et al., Clement, and Head et al. teach tents with insert members.
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