DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 05/26/2026 has been acknowledged. Claims 1-20 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group I (claims 1-10) and Species 1A (figure 1) in the reply filed on 05/26/2026 is acknowledged.
2. Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Group II and Species 2A, 1B, 2B, 1C, 2C. Election was made without traverse in the reply filed on 05/26/2026.
Specification
The disclosure is objected to because of the following informalities: missing background section.
Appropriate correction is required.
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.
Claim(s) 1 and 2, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hale et al. (U.S. Pub. No. 2021/0214962).
Regarding claim 1, Hale et al. teaches a shelter (figure 1) comprising: a support frame (16); a flexible exterior shelter layer (38) for covering the support frame (figure 1), the exterior shelter layer for forming exterior shelter layer roof and sidewall portions of the shelter (figure 1); and a flexible waterproof floor (40) having a floor bottom portion (at 40-bottom) and a floor sidewall portion (at 40-edges), the floor sidewall portion for extending upwardly above the floor bottom portion (figure 1), the floor sidewall portion being removably securable to the exterior shelter sidewall portion above the floor bottom portion (col. 5, lines 45-50).
Regarding claim 2, Hale et al. teaches the floor sidewall portion is removably securable to the exterior shelter layer sidewall portion with a zipper joint (at 43) that is about 6 inches above the floor bottom portion (as illustrated, the joint is about 6 inches above the floor bottom portion; figure 3; the examiner notes that the limitation “about” is a relative term).
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 of this title, 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(s) 3-7, are rejected under 35 U.S.C. 103 as being unpatentable over Hale et al. (U.S. Patent No. 5,570,544) in view of Schaefer et al. (U.S. Patent No. 2,812,769).
Regarding claim 3, Hale et al. does not specifically disclose a flexible inner shelter layer for extending adjacent to the exterior shelter layer at the exterior shelter layer roof and sidewall portions and for also laterally extending inwardly over and covering the floor bottom portion at perimeter regions of the floor bottom portion in a generally ring-shaped manner.
Schaefer et al. discloses a shelter (20) including a flexible inner shelter layer (22-inner; figure 17) for extending adjacent to the exterior shelter layer at the exterior shelter layer roof and sidewall portions (figure 17) and for also laterally extending inwardly over and covering the floor bottom portion at perimeter regions of the floor bottom portion (figure 17) in a generally ring-shaped manner (figures 16-17).
Therefore, from the teaching of Schaefer et al., 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 inflatable structure of Hale et al. to include a flexible inner shelter layer for extending adjacent to the exterior shelter layer at the exterior shelter layer roof and sidewall portions and for also laterally extending inwardly over and covering the floor bottom portion at perimeter regions of the floor bottom portion in a generally ring-shaped manner, as taught by Schaefer et al., in order to provide an additional layer of insulation for a enhancing a more comfortable temperature environment within the shelter.
Regarding claim 4, Hale et al. as modified does not specifically disclose the inner shelter layer covers the floor bottom portion about 18 inches from outer edges of the floor bottom portion.
However, it would have been an obvious matter of design choice to make the inner shelter layer cover the floor bottom portion about 18 inches from outer edges of the floor bottom portion, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art, since it has been held that where the general conditions of a claim are disclosed in the prior art, a mere change in size involves only routine skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the inner shelter layer cover the floor bottom portion about 18 inches from outer edges of the floor bottom portion, in order to provide ample excess material to maintain an overlap between the inner layer and the floor for maintaining an optimal level of insulation.
Regarding claim 5, Hale et al. as modified does not specifically disclose the inner shelter layer is secured to the floor bottom portion with hook and loop fastener. However, Hale et al. does disclose the use of hook and loop fastening (col. 4, lines 18-20). Therefore, the examiner takes official notice that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have the inner shelter layer secured to the floor bottom portion with hook and loop fastener in order to fulfill the design requirements of the final structure, to secure the inner layer to the floor to prevent slippage, since such selection involves routine skill.
Regarding claim 6, Schaefer et al., in the combination discloses the inner shelter layer further includes at least one of insulation (it is understood that the inner layer is capable of insulating), and includes at least one layer (figure 17).
Regarding claim 7, Hale et al. teaches the support frame comprises at least two inflatable arch beams (24a) connected together by an inflatable ridge beam (18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to shelter systems in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633
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