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, 5, 8, 16, and 20 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 an underside of the rib assembly (the opening opens downwardly to receive the upwardly-bent end 427) and being anchored within a hollow interior (the volume of the opening) of the rib assembly; 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 flexible wire.
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).
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 an underside 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 to the underside of the rib assembly at a location spaced inward from a joint at which the rib assembly pivots (at 413); 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”).
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.
Allowable Subject Matter
Claims 10-13 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.
Response to Arguments
The Declaration under 37 CFR 1.130(a) filed on 1/26/2026 is sufficient to overcome the rejection of claims 1-16 based on CN 207306272 (Wu). The declaration provides sufficient evidence that the material disclosed in the Chinese reference was obtained directly from the inventor of the instant application.
Applicant’s arguments, see pp. 6-8, filed 1/26/26, with respect to the rejection(s) of claims 1, 4-6, 9-13, and 16 under 35 U.S.C. 102(a)(1) and claims 2, 3, 7, 8, 14, and 15 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Haythornthwaite in US Publication 2015/0096601.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636