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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/19/2026 has been entered.
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 “rib having an open top” recited in Claim 20 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 20 recites a “rib having an open top” which is not found in the disclosure as filed and is therefore considered new matter in the application.
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, 5, 8, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haythornthwaite et al. in US Publication 2015/0096601.
Regarding Claim 1, Haythornthwaite teaches an umbrella comprising: an elongated shaft (110) having a first end (toward 120) and an opposite second end (toward 130); a runner slidably (150) disposed about the elongated shaft; and a plurality of rib assemblies (200), each rib assembly being attached to the runner by a strut (300) that moves between open (Fig. 7) and closed (Fig. 1) positions in which in the open position, each rib assembly is in an open, extended position and in the closed position, each rib assembly is in a closed, collapsed position; an anti-inversion mechanism that is configured to apply to each rib assembly a force that counters an inversion force that is applied to the umbrella, the anti-inversion mechanism including a first flexible elongated structure (420) that is disposed exteriorly along the rib assembly and has a first bent end (426) that is attached to the rib assembly by passing through an opening (“within an opening” – paragraph 0046) formed in a bottom surface of the rib assembly (the opening opens downwardly to receive the upwardly-bent end 427) at a location that is offset from one end of the rib assembly (the end of the “rib assembly” is at either the inner end at 120 or the outer end at 430 – the opening in 410 is plainly offset from these ends) and being anchored within a hollow interior (the volume of the opening) of the rib assembly that is accessible through the opening (the interior must be accessible through the opening in order to insert element 427 therein); and a second flexible elongated structure (297) having a first end attached (at 424) to the first flexible elongated structure of the anti-inversion mechanism and a second end attached (at 430) to the rib assembly, wherein the bottom surface of the rib assembly is a surface (the bottom surface of 410) that faces a main portion of the flexible elongated structure that is adjacent the first bent end, the main portion of the flexible elongated structure extending to a second distal end (424) that attaches to the second flexible elongated structure.
Regarding Claim 5, Haythornthwaite teaches that the first flexible elongated structure comprises a cantilevered member that flexes under applied forces and in response to movement of the second flexible elongated structure (See Figs. 2 and 7).
Regarding Claim 8, Haythornthwaite teaches (see paragraph 0048) that the second flexible elongated structure comprises a nylon coated stainless steel wire.
Regarding Claim 16, Haythornthwaite teaches that the second flexible elongated structure comprises a cable (a wire is a cable).
Claims 2, 3, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Haythornthwaite as applied to Claim 1 above in view of Wu in US Patent 4934395 (Wu ‘395).
Regarding Claims 2 and 4, Haythornthwaite teaches that that each rib assembly includes a first rib part (210), a second rib part (410/220) and a third rib part (230) and that the first bent end is secured to a connector wall (the inner end wall of 410) of the second rib part with a fastener (the curled end of 427) so as to fixedly attach the first bent end to the second rib part but is silent on the details of the second rib part. Wu ‘395 teaches an umbrella with a second rib part (21) that comprises an elongated metal part that has a C-shape defined by a pair of side walls and a connector wall extending between the pair of side walls (see Fig. 6). 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 Haythornthwaite by using a c-shaped second rib part as taught by Wu ‘395 in order to provide a lightweight and durable rib.
Regarding Claim 4, Haythornthwaite teaches (See Fig. 2) that a length of the first flexible elongated structure is less than a length of the second rib part.
Regarding Claim 6, Haythornthwaite teaches that the second end of the second flexible elongated structure is attached (at 430) to a free distal end of the third rib part.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Haythornthwaite, as modified, as applied to Claim 2 above in view of Haythornthwaite et al. in US Publication 2017/0196324 (Haythornthwaite ‘324). Haythornthwaite, as modified, teaches that the first flexible elongated structure comprises a flexible rod that in the closed position extends longitudinally along a length of the second rib part in a parallel manner (see Fig. 2) but is silent on the material used therefor. Haythornthwaite ‘324 teaches an first elongated structure (410) that is flexible metal rod. 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 Haythornthwaite, as modified, by using metal for the elongated structure as taught by Haythornthwaite ‘324 in order to provide a durable material for the device.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Haythornthwaite, as modified, as applied to Claim 2 above in view of Wilk in US Patent 5305771. Haythornthwaite, as modified, teaches that the second end of the second flexible elongated structure includes a rib tip (430) disposed at a distal end of the third rib part and the rib tip further including a protrusion (435) that extends along a section of a lower surface of the rib tip, the second end of the second flexible elongated structure being attached to the protrusion. Haythornthwaite, as modified, is silent on the rib tip-canopy connection. Wilk teaches an umbrella with a rib tip (50) to which a peripheral edge of an umbrella canopy (52) is attached (at 54), the rib tip having a hole formed therethrough through which a portion (54) of the canopy extends. 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 Haythornthwaite, as modified, by using a rib tip with a hole to connect the canopy as taught by Wilk in order to provide a secure means for attaching the canopy.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Haythornthwaite, as modified, as applied to Claim 2 above in view of Wu in US Patent 4934395 (Wu ‘395) and Haythornthwaite et al. in US Publication 2017/0196324 (Haythornthwaite ‘324).
Haythornthwaite, as modified, teaches that the second rib part is disposed between the first rib part and the third rib part which comprises a distalmost rib of the rib assembly, the first flexible elongated structure is only attached to the second rib part at the bent first end so as to form a cantilevered structure, the bent first end being in contact with the bottom of the second rib that is arranged so as to directly face the third rib part in the closed position and that the opening formed in the second rib part comprises an opening formed through the bottom surface and the bent first end is anchored to the second rib part at a location between on the bottom surface. Haythornthwaite, as modified, is silent on the details of the second rib or elongated structure. Wu ‘395 teaches an umbrella with a second rib part (21) that comprises a metal part that has a C-shape defined by a pair of side walls and a connector wall extending between the pair of side walls (see Fig. 6). 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 Haythornthwaite, as modified, by using a c-shaped second rib part as taught by Wu ‘395 in order to provide a lightweight and durable rib and to place the opening of the second rib part in the connector wall in order to ensure that the opening is in the correct location to receive the bent end. Haythornthwaite, as modified, is silent on the material used for the first flexible elongated structure. Haythornthwaite ‘324 teaches an first elongated structure (410) that is a metal wire. 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 Haythornthwaite, as modified, by using metal for the elongated structure as taught by Haythornthwaite ‘324 in order to provide a durable material for the device.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Haythornthwaite et al. in US Publication 2015/0096601 in view of .
Regarding Claim 20, Haythornthwaite teaches an umbrella comprising: an elongated shaft (110) having a first end (toward 120) and an opposite second end (toward 130); a runner (150) slidably disposed about the elongated shaft; and a plurality of rib assemblies (200), each rib assembly being attached to the runner by a strut (300) that moves between open (Fig. 7) and closed (Fig. 1) positions in which in the open position, ribs of the rib assembly are in an open, extended position and in the closed position, the ribs of the rib assembly are in a closed, collapsed position; an anti-inversion mechanism that is configured to apply to each rib assembly a force that counters an inversion force that is applied to the umbrella, the anti-inversion mechanism including an flexible elongated wire (420) that is disposed exteriorly along a flat bottom surface (see Fig. 10) of an elongated rib (410/220) of the rib assembly, when the rib assembly is in the open position, the flexible elongated wire having a first bent end (426) that is attached the flat bottom surface to the underside of the rib assembly at a location spaced inward from a joint at which the rib assembly pivots (at 413) wherein the first bent end passes through an opening (the interior must be accessible through the opening in order to insert element 427 therein) that passes to the top of the rib and is formed in the bottom surface into a hollow interior (the volume in which 427 is received) of the elongated rib of the rib assembly; and a flexible elongated structure (297) having a first end attached to the flexible elongated wire (at 424) of the anti-inversion mechanism and a second end attached (at 430) to one rib of the rib assembly, wherein the second flexible elongated structure comprises a cord (a “wire”). Haythornthwaite is silent on the details of the elongated rib. Wu ‘395 teaches an umbrella with a second rib part (21) that has a C-shape defined by a pair of side walls defining and open top and a connector wall extending between the pair of side walls (see Fig. 6). 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 Haythornthwaite, as modified, by using a c-shaped elongated rib as taught by Wu ‘395 in order to provide a lightweight and durable rib and to place the opening of the second rib part in the connector wall in order to ensure that the opening is in the correct location to receive the bent end. Such a device would inherently then have an opening formed in the bottom surface, the elongated rib having an open top that is opposite the flat bottom surface.
Allowable Subject Matter
Claims 10-13 are allowed.
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive.
With respect to the applicant’s arguments regarding Claim 1: the rib element defined by the examiner includes both element 220 and 410. Taken together, this rib element is not solid and includes an opening as required by the claim. Additionally, as explained above, the claim requires that the opening is “offset from one end of the rib assembly” (emphasis added). The opening is plainly offset from an end of the “rib assembly” as the assembly includes all of the rib elements and extends considerably past the opening in either direction. However, even if the “rib assembly” recited in this phrase is intended only to mean the rib portion on which the opening is found, the opening is still offset from an end (it is inboard of the end 410).
With respect to the applicant’s arguments regarding Claim 20: Haythornthwaite teaches the flat bottom surface of the rib and is not relied upon to teach the rib having an open top.
Conclusion
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 C. Hawk/Primary Examiner, Art Unit 3636
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