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, 7, 9, 10, 13, and 14 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, Lynch in US Patent 4641676, and DeFouw et al. in US Publication 2006/0249188.
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, that the at least one eave structure is foldable (see Fig. 13), and 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).
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.
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).
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.
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
With respect to the applicant’s arguments regarding the eave of Sy-Facunda: the eave is clearly angularly adjustable as seen in Fig. 13. Neither Korman nor Lynch are needed to teach this limitation.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the quick-connect wiring includes “push-fit or snap-connectors”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). DeFouw plainly teaches that the connector used in the device are quick-connect (paragraph 0034).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, all of the references relied upon teach canopy or shade devices and solar energy collections devices attached thereto known to those of ordinary skill in the art before the effective filing date of the claimed invention. Using the collective knowledge to create a device including all of the limitations of the applicant’s claims would have been obvious.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
Prosecution Insights