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, 2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cence in US Patent 2811725.
Regarding Claim 1, Cence teaches a rooftop tent for mounting to a vehicle, the rooftop tent including: a base (37) configured for mounting to the vehicle; a cover (13) shaped to extend across the base; flexible walls (19-22) secured between the base and the cover; at least one opening mechanism (49-52) configured to move the cover relative to the base, the, or each, opening mechanism secured between the base and the cover to be outside of, and separate from, the walls; and at least one retraction mechanism (70/71) configured to draw the walls inwardly to be under the cover, the, or each, opening mechanism and the, or each, retraction mechanism operable concurrently to move the cover towards the base and simultaneously draw the walls inwardly (see Figs. 5-6).
Regarding Claim 2, Cence teaches that each of the base and the cover define an operatively front end (toward 19) and an operatively rear end (toward 20), and the walls define a door (see Fig. 2 – the door is accessible at 76) at a side between the front end and rear end, and a pair of the opening mechanisms are spaced apart such that each opening mechanism is arranged at one of the front end (such as 49) and the rear end (such as 50).
Regarding Claim 4, Cence teaches that the cover is arranged separately from the base, and the, or each, opening mechanism is arranged to move the cover towards and away from the base in a linear direction (see Figs. 1-2).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cence, as applied to Claim 1 above in view of Russikoff in US Publication 2020/0088278. Cence teaches the use of telescoping members for the opening mechanism operable to tension the walls between the cover and the base, but is silent on the use of an electrically powered device. Russikoff teaches a telescoping member (100) which is an electrically powered (via 16) mechanism. 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 Cence by using an electrically powered device as taught by Russikoff in order to provide a reliable and powerful opening device for the tent.
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Cence as applied to Claim 1 above in view of Hornthal in US Patent 1220337 and Zhou in US Patent 9499999.
Cence teaches a ladder(80) but is silent on the details thereof. Hornthal teaches a foldable ladder having a pair of spaced side rails (6) and a plurality of treads (1) secured between the side rails, each tread being pivotable (about 3) relative to the side rails to allow pivoting between a use configuration (Fig. 1) where the treads are rotated to extend transversely to the rails to allow supporting a user, and a storage configuration (Fig. 3), where the treads are rotated to be substantially in line with the rails. 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 ladder of Cence by using a folding ladder as taught by Hornthal in order to provide a ladder that is collapsible.
Cence, as modified, is silent on the use of a storage configuration for the ladder on the tent. Zhou teaches a rooftop tent including a cover (32) that is shaped to receive a ladder (6) when in a storage configuration (Fig. 3), wherein the cover is configured to carry the ladder and includes a pair of tracks (31) arranged to support the ladder, and wherein the ladder is slidable along the tracks (the ladder can inherently slide in the tracks). 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 Cence, as modified, by using a cover that is shaped to receive the ladder in the storage configuration as taught by Zhou in order to more compactly store the device outside of the vehicle.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Cence, as modified, as applied to claim 9 above, and further in view of Rajewski in US Publication 2006/0272896. Cence, as modified is silent on the use of handlebars on the ladder. Rajewski teaches a ladder including a pair of elongate handrails (104), each handrail pivotally mounted to one of the side rails (102), the handrails pivotable between a storage position (Fig. 3), where the handrails are rotated towards each other and the treads, and a use position (Fig. 1), where the handrails are rotated apart from each other to allow being grasped by a user supported on the treads, wherein the ladder includes a pair of locking mechanisms (110), each locking mechanism arranged at an end of one of the handrails and operable to rotationally lock the handrail relative to the side rail in the use position or in the storage 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 ladder of Cence, as modified, by using foldable handrails as taught by Rajewski in order to provide a safe ladder for the user.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Cence, as modified, as applied to claim 9 above, and further in view of Parker et al. in US Patent 10612303. Cence, as modified, is silent on the use of a levelling mechanism. Parker teaches a ladder wherein each side rail (4/5) of the ladder includes a levelling mechanism (6/7) to allow adjusting a length of the side rail. 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 ladder of Cence, as modified, by adding levelling mechanisms as taught by Parker in order to allow the user to safely deploy the ladder on uneven ground.
Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in US Patent 9499999 in view of Hornthal in US Patent 1220337.
Regarding Claim 15, Zhou teaches a rooftop tent for mounting to a vehicle, the rooftop tent including: a base (1) configured for mounting to the vehicle; a cover (3) shaped to cover the base; flexible walls (the ‘fabric cover” – Column 1, line 40) secured between the base and the cover; at least one opening mechanism (2) configured to move the cover relative to the base; and a foldable ladder (6) having a pair of spaced side rails and a plurality of treads secured between the side rails (see Fig. 1), wherein at least one of the base and the cover is shaped to receive (within 31) the ladder when in a storage configuration.
Zhou is silent on the details of the ladder. Hornthal teaches a foldable ladder having a pair of spaced side rails (6) and a plurality of treads (1) secured between the side rails, each tread being pivotable (about 3) relative to the side rails to allow pivoting between a use configuration (Fig. 1) where the treads are rotated to extend transversely to the rails to allow supporting a user, and a storage configuration (Fig. 3), where the treads are rotated to be substantially in line with the rails. 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 ladder of Zhou by using a folding ladder as taught by Hornthal in order to provide a ladder that is more collapsible.
Regarding Claim 18, Zhou teaches that the cover is configured to carry the ladder and includes a pair of tracks (31) arranged to support the ladder, and wherein the ladder is slidable along the tracks (the ladder can inherently slide in the tracks)
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou, as modified, as applied to claim 15 above, and further in view of Rajewski in US Publication 2006/0272896. Zhou, as modified is silent on the use of handlebars on the ladder. Rajewski teaches a ladder including a pair of elongate handrails (104), each handrail pivotally mounted to one of the side rails (102), the handrails pivotable between a storage position (Fig. 3), where the handrails are rotated towards each other and the treads, and a use position (Fig. 1), where the handrails are rotated apart from each other to allow being grasped by a user supported on the treads, wherein the ladder includes a pair of locking mechanisms (110), each locking mechanism arranged at an end of one of the handrails and operable to rotationally lock the handrail relative to the side rail in the use position or in the storage 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 ladder of Zhou, as modified, by using foldable handrails as taught by Rajewski in order to provide a safe ladder for the user.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou, as modified, as applied to claim 9 above, and further in view of Parker et al. in US Patent 10612303. Zhou, as modified, is silent on the use of a levelling mechanism. Parker teaches a ladder wherein each side rail (4/5) of the ladder includes a levelling mechanism (6/7) to allow adjusting a length of the side rail. 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 ladder of Zhou, as modified, by adding levelling mechanisms as taught by Parker in order to allow the user to safely deploy the ladder on uneven ground.
Allowable Subject Matter
Claims 5-8, 13, and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kleiman, Domeneghetti, Ko, Lee, Xu, and Pillot teach rooftop tents. Lytle and Frick et al. teach folding ladders.
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