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 1-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ramp et al. in US Patent 10179998 in view of
Regarding Claim 1, Ramp teaches a portable, inflatable canopy, comprising: a unitary primary arch (12) comprising a hollow tube extending from a first vertically oriented, closed base (toward one end) through a horizontally oriented midsection (See Fig. 1) to a second vertically oriented, closed base (the opposite end), the primary arch further including, on opposite surfaces, first and second perforated panels (22) at said horizontal midsection; a secondary arch (18) extending perpendicularly from the primary arch, the secondary arch formed from first and second symmetric columns (18 on either side of 12), each of which comprises a hollow tube extending from a vertically oriented, closed base (at the outer end) to a horizontally oriented open end (at 24), wherein both of said horizontally oriented open ends attach to, conform with, and extends from a perimeter of a respective one of said first and second perforated panels; an inflation valve (8) disposed on said primary arch, and a dome-shaped flexible tarp (100) attached to the primary and secondary arches; wherein the first and second perforated panels establish a restricted fluid path from the primary arch to the secondary arch for inflating the primary arch and secondary arch sequentially.
Ramp is silent on the details of the inflation valve. Chaffee teaches an inflation valve for an inflatable object, said inflation valve comprising an annular rim (820) defining an air passage (see arrow in Fig. 10B) to the interior of the object, an outwardly projecting flange (746) configured for engagement with a mating pump (810), a removable threaded cap (1211 – see paragraph 0088) configured to engage the outwardly projecting flange to seal the air passage, a flexible flapper valve (A, see below) attached at the annular rim and configured to pivot from a flush position (Fig. 10A) sealing the air passage to a deflected position (Fig. 10B) establishing a pathway through the inflation valve, the flexible flapper valve including an outwardly projecting nipple (B) extending into a volume defined by the outwardly projecting flange; and whereby introduction of the mating pump on the outwardly projecting flange of the inflation valve bears against the nipple and moves the flexible flapper valve from the flush position to the deflected position. 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 Ramp to have an inflation valve as taught by Chaffee in order to provide a securely sealing and easily operated valve.
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Regarding Claim 2, Ramp, as modified, teaches that the first and second perforated panels have a three dimensional shape of a circle projected onto an outer surface of the primary arch (see Figs. 2 and 10).
Regarding Claim 3, Ramp, as modified, teaches (see Chaffee, Fig. 12B) that the removable threaded cap is attached to the inflation valve via a cable (connected between the “access point” and the “cover”).
Regarding Claim 4, Ramp, as modified, is silent on the use of at least three perforations. 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 Ramp, as modified, by using a set of at least three perforations in the perforated panel in order to provide better flow between chambers. It has been held that mere duplication of the essential working parts of a device such as the perforations involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding Claim 8, Ramp, as modified, is silent on the ratio between the area of the bases of the arches and a rectangle enclosing all of the bases. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to build the device such that a total cross sectional area of bases of primary and secondary arches is greater than two percent (2%) of an area defined by a rectangle enclosing all said bases in order to provide sufficient stability in the arches relative to the area over which they span, since such a change would have involved a mere change in the size of a component. A change in size is generally recognized a being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ramp, as modified, as applied to claim 1 above, and further in view of McCrosky et al. in US Publication 2018/0266138. Ramp is silent on the use of pouches on the arches. McCrosky teaches a portable, inflatable canopy comprising zippered pouches (30) at respective bases (12) of primary and secondary arches (104), further comprising anchors (100) insertable into said zippered pouches. 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 Ramp, as modified, by adding pouches and weights at the bases of the arches as taught by McCrosky in order to better secure the canopy in place.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ramp, as modified, as applied to claim 6 above, and further in view of LeAnna in US Patent 8851095. Ramp, as modified, is silent on the shape of the weights. LeAnna teaches an anchor (3) for a canopy, the anchor being U-shaped. 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 Ramp, as modified, by using u-shaped anchors as taught by LeAnna in order to allow the user to store beverages in the anchor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ritchey et al., Ensign, Turcot et al., Pierzynski et al. Scherba, Lamke, Fritts et al., Brensinger, FR 3013068, EP 3179013, and GB 2439545 inflatable canopies. Arnold Sr., Bailey Sr., and Andrews et al. teach anchor weights.
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