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, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sy-Facunda in US Publication 2010/0051078 in view of Korman in US Publication 2012/0235477.
Regarding Claims 1, 4, 10, and 13, Sy-Facunda teaches a solar panel gazebo or tent comprising: a canopy structure including a plurality of sloping surfaces (the upper surfaces of the main canopy), a plurality of supporting poles (14) supporting the canopy structure, at least one eave structure (200) connected to a lower edge of one of the plurality of sloping surfaces.
Sy-Facunda is silent on the use of a solar panel. Korman teaches a canopy including an eave structure (see Fig. 14) and at least one semi-flexible photovoltaic solar panel (200) mounted on the canopy structure and/or the at least one eave structure; wherein the at least one semi-flexible photovoltaic solar panel is configured to collect solar energy, wherein a shape of the at least one semi-flexible photovoltaic solar panel is adaptable to contours of the canopy structure and the at least one eave structure (the use of a flexible panel as taught by Korman will inherently provide adaptability to the contours of a surface onto which it is mounted), further comprising an integrated power storage system (16) to store solar energy collected by the at least one semi-flexible photovoltaic solar panels, and further comprising an integrated lighting system (40) powered by the collected solar energy. 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 Sy-Facunda by adding a flexible solar panel system with a power storage system and integrated lighting as taught by Korman in order to provide no-emissions power to the canopy.
Regarding Claim 2, Sy-Facunda, as modified, teaches that the at least one eave structure is foldable (see Fig. 13).
Regarding Claim 3, Sy-Facunda, as modified, teaches that the at least one eave structure is provided with a supporting rod (203/205) configured to adjust an inclination of the at least one eave structure, wherein one end of the supporting rod is connected to one supporting pole (at 211), and an other end of the supporting rod is connected to the at least one eave structure (at 210).
Claims 5, 7-9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sy-Facunda, as modified, as applied to claims 1 and 2 above, and further in view of Lynch in US Patent 4641676. Sy-Facunda, as modified, is silent on the use of telescoping poles or the materials thereof. Lynch teaches a gazebo including supporting poles (16/18/20/22) that are provided with an adjustable mechanism (138) configured to adjust a length of the supporting pole, wherein each supporting pole comprises at least two pole sections (134/136) connected by an adjustable joint (at 138) and wherein the plurality of supporting poles and the supporting rods are made of rust-resisting materials (aluminum, which is well-known to be rust-resistant, is used for all of the framework of the Lynch device). Lynch further teaches guy lines (182) configured to increase stability of the gazebo or tent in windy conditions. 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 supporting poles of Sy-Facunda, as modified, by making them telescoping as taught by Lynch in order to allow the user to adjust the height of the canopy, to use rust-resisting materials for the framework, including the supporting poles and supporting rod, in order to prevent rust and provide a durable and lightweight framework for the device, and to provide guy lines as taught by Lynch in order to better secure the canopy in place. Sy-Facunda, as modified, further teaches that the gazebo or tent is modular, wherein the at least one eave structure and the pole sections are detachable (at 207).
Claims 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sy-Facunda, as modified, as applied to claim 1 above, and further in view of DeFouw et al. in US Publication 2006/0249188. Sy-Facunda, as modified, teaches (See Korman) that each semi-flexible photovoltaic solar panel is connected to a power storage device (Korman 16) by an electrical connector integrated with the semi-flexible photovoltaic solar panel and a wiring (the wiring connected at 22) but is silent on the use of a waterproof or quick-connect wiring. DeFouw teaches wiring (63) with an electrical connector (65) wherein the electrical connector and the wiring are waterproof (see Paragraph 0034) and wherein the electrical connector and the wiring comprise a quick-connect system to simplify setup and disassembly (“quick-connect design”). 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 wiring of Sy-Facunda, as modified, by using a waterproof and quick-connect style as taught by DeFouw in order to prevent short circuits in wet conditions.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sy-Facunda, as modified, as applied to claim 1 above, and further in view of Gharabegian in US Patent 9839267. Sy-Facunda, as modified, is silent on the use of sensors or the adjustment of the eave structure. Gharabegian teaches an eave structure with solar panels (165) and including sensors to detect wind speed (1317) and weather conditions(1311-1316), automatically adjusting the at least one eave structure and the at least one semi-flexible photovoltaic solar panel (see Claims 6 and 7). 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 Sy-Facunda, as modified, by adding sensors and an adjustment means as taught by Gharabegian in order to prevent damage to the eave structure during adverse weather conditions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McKenna, Wu, Bauldree, Nair, Li et al., Sheridan, Cohenmeyer, De la Fuente Sanchez, and Greer teach canopies with solar panels. Ma et al. and Dotterweich teach eave structures.
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 Chandler Hawk/Primary Examiner, Art Unit 3636