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 17 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ruzic et al. in US Publication 2023/0349190.
Regarding Claim 17, Ruzic teaches a removable shelter, comprising: a frame configured to removably mount to a vehicle, the frame comprising: a first base portion (34) coupled to a window portion (22) and configured to form at least part of a floor base; a second base portion (30) configured to form at least another part of the floor base; and a support structure (40/50) coupled to the first base portion and the second base portion, wherein the first base portion, the second base portion, and the support structure are configured to support one or more fabrics (26) that bind to form an enclosure for the removable shelter.
Regarding Claim 18, Ruzic teaches the one or more fabrics (26), wherein at least one of the one or more fabrics is anchored (by 140) within at least one respective Keder slot (142) in the support structure.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Park in US Publication 2015/0292230 in view of Tatro in US Patent 11130437. Park teaches shelter, comprising: a first portion (220) comprising a window, wherein the first portion is coupled to a second portion (210) configured to form a first base of a floor of the shelter, and wherein the second portion is coupled to a third portion (240) configured to form a second base for the floor; a first hoop (251) coupled to the second portion and the third portion; and one or more second hoops (250) coupled to the second portion, wherein one or more of the first portion, the second portion, the third portion, the first hoop, and the one or more second hoops are configured to support one or more fabrics (261/262) that bind to form an enclosure for the shelter. Park is silent on the use of a window in the first portion. Tatro teaches a shelter including a first portion (104) comprising a window (2204). 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 Park by adding a window to the first portion as taught by Tatro in order to allow the user to mount a fan therein.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Park, as modified, as applied to Claim 1 above in view of Sautter et al. in US Publication 2017/0349080. Park, as modified, is silent on the means for mounting the device. Sautter teaches a shelter including a second portion (44) and further comprising a plurality of mechanical connectors (64) on the second portion, each of the plurality of mechanical connectors configured to attach to a corresponding crossbar (224) on a roof of a vehicle, wherein each of the plurality of mechanical connectors comprises a pair of opposing clamping members (54/56) that are configured to move in unison to clamp that mechanical connector to the corresponding crossbar. 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 Park, as modified, by adding clamps as taught by Sautter in order to securely attach the shelter to the vehicle.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Park in US Publication 2015/0292230 in view of Tatro in US Patent 11130437. Park teaches a system, comprising: a vehicle (10); and a removable shelter (200) configured to removably mount to the vehicle, the removable shelter comprising: a frame, comprising: a first portion (220), wherein the first portion is coupled to a second portion (210) configured to form a first base of a floor of the removable shelter, and wherein the second portion is coupled to a third portion (240) configured to form a second base for the floor; a first hoop (251) coupled to the second portion and the third portion of the frame; and one or more second hoops (250) coupled to the second portion of the frame, wherein the at least one of the first portion, the second portion, the third portion, the first hoop, and the one or more second hoops are configured to support one or more fabrics (261/262) that bind to form an enclosure for the removable shelter. Park is silent on the use of a window in the first portion. Tatro teaches a shelter including a first portion (104) comprising a window (2204). 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 Park by adding a window to the first portion as taught by Tatro in order to allow the user to mount a fan therein.
Allowable Subject Matter
Claims 2-12, 15, 16, and 20 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. Robertson et al., Bennet et al., Van Der Leest et al., Xie, Dunn et al., Attema, Ruzic et al., Park, Park et al., and Jin et al. teach rooftop shelters for vehicles.
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 C. Hawk/Primary Examiner, Art Unit 3636
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