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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the base” which renders the claims indefinite. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, Claim 1 will be treated as reciting that part of the floor is supported by the locked ladder.
Claim 1 recites that “part of the base is supported by the locked ladder.” Claim 2 then recites “a base next to the recreational vehicle, and the part of the floor can be supported on the base via the locked ladder” which renders the claim indefinite. It is unclear how the base is both supported by the ladder and the floor is supported on the base via the ladder (indicating that the base is at both ends of the ladder). Clarification is required.
Claim 4 recites that the roof shell “forms the interior of the vehicle” which renders the claim indefinite. It is unclear how a roof shell of the pop-up roof can form part of the interior of the vehicle. As best understood, the roof shell can only form part of the interior of the pop-up roof, of which it is a part. There is no disclosure of the pop-up roof being integrated into the interior of the vehicle itself. For the purposes of examination, the roof shell will be treated as forming the interior of the pop-up roof.
Claim 7 recites “the side wall stabilization” which renders the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, Claim 7 will be treated as depending from Claim 6 where the side wall stabilization is initially recited.
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 1-5 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dunn in US Publication 2022/0396967.
Regarding Claim 1, Dunn teaches a pop-up roof for recreational vehicles (a “van”) with a floor (106/108) which, in a built-up state, rests on a roof of the recreational vehicle wherein, in the assembled state, a part of the floor (108) protrudes over an edge of the roof, wherein a ladder (112) can be fastened to the floor for an ascent into an interior provided in the assembled state, and wherein: a length of the ladder is adjustable (the ladder is “a telescopic extendable and collapsible ladder” – Paragraph 0012); the ladder can be locked at an adjusted length (a telescopic ladder can inherently be locked at a length); and part of the floor is supported by the locked ladder.
Regarding Claim 2, Dunn teaches that the ladder, in the assembled state, stands on a base (the ground below the device) next to the recreational vehicle, and the part of the floor can be supported on the base via the locked ladder (“support the extension plate with respective to the surface” – Paragraph 0012).
Regarding Claim 3, Dunn teaches that the ladder is designed as a ladder that can be extended variably or in steps (a telescopic ladder is extended in steps or variably).
Regarding Claim 4, Dunn teaches that a roof shell (102) is provided and the roof shell, in the assembled state, at least partially forms a rear wall which is arranged at least approximately along one side of the vehicle and which forms the interior of the pop-up roof.
Regarding Claim 5, Dunn teaches that an access opening (“the entrance of the tent” – see Paragraph 0059) is provided in the interior, the ascent via the ladder through the access opening into the interior, and the access opening is arranged opposite the rear wall formed by the roof shell.
Regarding Claim 11, Dunn teaches a recreational vehicle (a van) with a pop-up roof according to claim 1.
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 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn, as applied to Claim 1 above in view of Currid in US Publication 2019/0017287. Dunn is silent on the details of the side wall or a stabilizer. Currid teaches a pop-up roof including least one inflatable side wall stabilizer (A, see below) provided which, in the assembled state, runs at least partially along a mesh window (124), wherein the side wall stabilization extends at least substantially over a projecting region of a side wall (120), which extends over the projecting part of a floor (206a), and extends (at C) at least partially over a roof region of the side wall, which is arranged above the roof of the recreational vehicle, wherein the side wall stabilizer is provided on one side wall and a further inflatable side wall stabilizer (B) is provided, which is provided on a further side wall opposite the side wall, wherein an inflatable roof-side support arch (D) is provided, which has side walls and a tent roof, and an inflatable support arch (A/B/C) remote from the roof is provided, which spans side walls and a tent roof at least substantially above the projecting part of the floor of the recreational vehicle and has an access opening in the shape of an arc (below A/B/C), wherein the support arch on the roof side and the support arch remote from the roof is connected at least substantially without interruption to at least one inflatable side wall stabilization (such as E) and with at least one inflatable side wall stabilizer (208). 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 tent of Dunn by using an inflatable support system as taught by Currid in order to provide a durable and quickly-assembled support.
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Claims 12-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn in US Publication 2022/0396967 in view of Currid in US Publication 2019/0017287.
Regarding Claims 12-16, Dunn teaches a recreational vehicle (RV) (the “van”) comprising: a chassis (vans a well-known to include a chassis); an RV body (the body of the van) comprising an RV roof (the “roof portion of the vehicle” – see Abstract), and a pop-up roof comprising: a roof shell (102) that is movable between a closed state (Fig. 1) and a built-up state (Fig. 27); a floor (106/108), side walls (168), an access opening (“the entrance of the tent” – see Paragraph 0059), a tent roof (the “ceiling” – see Paragraph 0057), a ladder attachment (162), and a height- adjustable ladder (112). Dunn further teaches that with the roof shell in the built-up state: the floor of the pop-up roof is partially supported by the RV roof (under 106) and protrudes over an edge of the RV roof (under 108), , with the ladder attachment (162) below the access opening; the roof shell forms a rear wall of the pop-up roof opposite the access opening; and the ladder attachment (162) supports the floor of the pop-up roof that protrudes over the edge of the RV roof. Dunn is silent on the details of the tent. Currid teaches a tent with an inflatable structure comprising side wall stabilizers (A/B) and a roof support arch (C) wherein, with the roof shell in the built-up state: the roof support arch at least partially surrounds an access opening (the “door” – see Paragraph 0033) and the side wall stabilizers and roof support arch of the inflatable structure support the tent roof, the roof support arch is fluidly coupled to the side wall stabilizers, the side wall stabilizers are symmetrical on each side wall of the pop-up roof, the side wall stabilizers protrude over the edge of the RV roof (insofar as they are attached to a flooring that is projected over the edge of the roof), the side wall stabilizers are positioned along a mesh window (124) of each side wall of the pop-up roof. 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 tent of Dunn by using an inflatable support system as taught by Currid in order to provide a durable and quickly-assembled support.
Regarding Claim 19, Dunn, as modified, teaches that the rear wall of the pop-up roof is arranged at least approximately along one side of the RV.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn, as modified, as applied to claim 12 above, and further in view of Kieffer et al. in US Publication 2018/0010388. Dunn, as modified, is silent on the details of the ladder. Kieffer teaches an extendable ladder that includes a locking mechanism for securing the ladder attachment to an adjusted length, wherein the locking mechanism of the height-adjustable ladder includes push-in elements (148) comprising a ball head (174) and corresponding holes (178). 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 extendable ladder o Dunn, as modified, by using bell heads and holes as taught by Kieffer in order to securely lock the ladder at a selected length.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Robertson et al., Sautter et al., Xu, Montesalvo, Payne et al., Wang, and Ferguson teach rooftop tents.
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.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
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