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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the construction of claim 10, where the overhanging rod is both foldable and separable must be shown or the feature(s) canceled from the claim(s). See corresponding 35 USC 112 rejections below.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to dependent claim 10 there does not appear to be any description as to how the overhanging rod is both separable from and foldable with respect to the frame. It appears claim 10 may be mixing embodiments.
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.
Claim 10 is 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.
With respect to dependent claim 10 it is unclear how the overhanding rod that has been separated from the leg, can be considered to be in the folded state when it is no longer even attached to the frame to which it is supposedly folded with respect to. It appears claim 10 is directed to an alternative embodiment, such as that depicted in figures 17-21, wherein the overhanging rod 3 can be inserted into and removed from sleeve 101a or 11a; as opposed to the rod 3 in figures 1-16 that is foldably attached to the frame.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US pub 2002/0108647).
Chen discloses:
1. A foldable canopy (figure 4), comprising:
a canopy frame body comprising a plurality of legs (11) and a plurality of eave frames (12), each eave frame being connected between two adjacent legs (figure 4);
an overhanging rod (21, figure 1) having an unfolded state (figure 1) after the foldable canopy is unfolded (figure 4);
when the overhanging rod (21) is in the unfolded state (figure 1), an inner end portion of the overhanging rod being connected to the canopy frame body (figure 1), an outer end portion of the overhanging rod being offset from the legs (figure 4), and the overhanging rod (21) being transverse to the legs (figure 4); and
a cross rod (22, figure 1) having two ends being configured to be connected with one of the plurality of eave frames (@24, figure 1) and the overhanging rod (@23, figure 1) respectively, such that a strength of the overhanging rod (21) is enhanced when the overhanging rod of the foldable canopy is in the unfolded state ([0012]).
11. The foldable canopy of claim 1 wherein the overhanging rod (21) extends along a length direction of one of the plurality of eave frames when in the unfolded state (figure 4).
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(s) 2-5, 7-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Sy-Facunda (US 7,775,229).
Re: claim 2, while Chen discloses the foldable canopy further comprises a surrounding cloth (figure 4), and the overhanging rod (21) further has a folded state after the foldable canopy is unfolded (figure 3), they do not disclose when the overhanging rod is in the unfolded state, the overhanging rod is configured to support the surrounding cloth; when the overhanging rod is in the folded state, the surrounding cloth hangs down to a side of the canopy frame body.
However, Sy-Facunda teaches when the overhanging rod (202, figure 12) is in the unfolded state (figure 11) the overhanging rod is configured to support the surrounding cloth (200, 11); when the overhanging rod is in the folded state, the surrounding cloth hangs down to a side of the canopy frame body (“full sidewall position” claim 1).
Therefore, it would have been obvious to one of ordinary skill in the art, to construct the foldable canopy of Chen so that when the overhanging rod is in the unfolded state, the overhanging rod is configured to support the surrounding cloth, and when the overhanging rod is in the folded state, the surrounding cloth hangs down to a side of the canopy frame body, as taught by Sy-Facunda, so as to provide a more versatile canopy structure configured to provide sidewall protection from weather elements when needed (Sy-Facunda, col. 2, lines 1-4).
Chen further discloses:
3. The foldable canopy of claim 2, wherein the cross rod (21, figure 1) has a first end portion rotatably connected to the overhanging rod (@23, see movement from figure 1 to figure 2) and a second end portion (@221) for being detachably connected with one of the plurality of eave frames (@24, 241; figure 2); when the overhanging rod (21) is in the folded state (figure 3), the second end portion of the cross rod is disconnected from an eave frame (figure 3), and the outer end portion of the overhanging rod is drawn close to one of the plurality of legs (figure 3); when the overhanging rod is in the unfolded state (figure 1), the second end portion of the cross rod is connected with the eave frame (figure 1), and the outer end portion of the overhanging rod is offset from a leg (figure 4); during folding the foldable canopy from an unfolded position (figure 1) to a folded position (figure 3), the second end portion of the cross rod (@221) is disconnected from the eave frame (figure 2), and the overhanging rod is converted from the unfolded state (figures 1-2) to the folded state (figure 3).
4. The foldable canopy of claim 3, wherein the inner end portion of the overhanging rod is rotatably connected to one of the plurality of legs (see pivot action from figure 2 to figure 3), the canopy further comprises a support rod (26, figure 1) having a first end portion and a second end portion (figure 1), the first end portion is rotatably connected to one of the plurality of legs and capable of sliding in an up-down direction (see pivot and sliding action in transition from figure 2 to figure 3), and the second end portion is rotatably connected to the overhanging rod (see pivot action in transition from figure 2 to figure 3).
5. The foldable canopy of claim 4, wherein the first end portion of the support rod is rotatably connected to a support base (unnumbered, figure 1) and the support base is connected to one of the plurality of legs (figure 1) and capable of sliding in the up-down direction (see sliding movement of support base in transition from figure 2 to figure 3).
7. The foldable canopy of claim 4 wherein when the overhanging rod (21) is in the folded state (figure 3), the outer end portion of the overhanging rod and the first end portion of the support rod are drawn close to a lower end portion of one of the plurality of legs (figure 3).
Sy-Facunda additionally teaches:
8. The foldable canopy of claim 5 wherein an overhanging locking mechanism (figures 2-3; col. 5, lines 44-46) is arranged between the support base (211, figure 12) and the leg (figure 2; note that 211 is disclosed as having the same locking mechanism as 32) and the overhanging locking mechanism locks the support base and the leg when the overhanging rod is in the unfolded state (figure 2; col. 5, lines 44-46).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the support base of Chen with a locking mechanism as taught by Sy-Facunda so as securely hold the overhanging rod in the unfolded position and prevent unwanted slipping or collapsing of the supports.
9. The foldable canopy of claim 2 wherein the outer end portion of the overhanging rod is connected with the surrounding cloth (figure 11). It would have been obvious to one of ordinary skill in the art before the effective filing date, to construct the foldable canopy of Chen so that the outer end portion of the overhanging rod is connected with the surrounding cloth, as taught by Sy-Facunda, so as to provide an extended and therefore more versatile canopy structure configured to provide sidewall protection from weather elements when needed (Sy-Facunda, col. 2, lines 1-4) and or extended shade area when unfolded.
12. The foldable canopy of claim 1 wherein each leg corresponds to at least one overhanging rod (figure 11; same constructions provided on both sides), and each overhanging rod is connected with at least one cross rod (figures 11-12). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the foldable canopy of Chen with at least one overhanging rod for each leg, as taught by Sy-Facunda, so as to provide additional weather and more versatile canopy construction. The combination of Chen in view of Sy-Facunda would result in the at least one cross rod connected with each overhanging rod.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Sun et al. (CN 209908072). Chen does not disclose wherein the canopy frame body further comprises a plurality of foldable top rod units, each top rod unit comprises an inner top rod and an outer top rod, one end portion of the inner top rod and one end portion of the outer top rod are rotatably connected, the other end portion of the outer top rod is rotatably connected to an upper end portion of one of the plurality of legs, and the other end portion of the inner top rod of each top rod unit is rotatably connected to a central locking mechanism; the canopy frame body further comprises at least one reinforcing mechanism connected between one of the plurality of eave frames and the top rod unit or between one of the plurality of eave frames and the central locking mechanism.
However, Sun et al. teach:
17. The foldable canopy of claim 1, wherein the canopy frame body (figure 1) further comprises a plurality of foldable top rod units (3, figure 1), each top rod unit (figure 3) comprises an inner top rod (see below) and an outer top rod (see below), one end portion of the inner top rod and one end portion of the outer top rod are rotatably connected (fig 3 vs fig 7), the other end portion of the outer top rod is rotatably connected to an upper end portion of one of the plurality of legs (@8, figure 3), and the other end portion of the inner top rod of each top rod unit is rotatably connected to a central locking mechanism (@7, figures 2-3); the canopy frame body further comprises at least one reinforcing mechanism (5, figure 1) connected between one of the plurality of eave frames and the top rod unit or between one of the plurality of eave frames (4, figure 1) and the central locking mechanism (figure 5).
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Therefore, it would have been obvious to one of ordinary skill in the art to construct the canopy frame of Chen with foldable top rod units and at least one reinforcing mechanism, as taught by Sun et al. so as to provide a supporting structure for the canopy that offers multiple points of support from eave frames to the central locking mechanism.
Sun et al. further teaches:
18. The foldable canopy of claim 17, wherein the reinforcing mechanism (5, figure 5) comprises a reinforcing rod (500, figure 5), and the reinforcing rod (500) has one end portion rotatably connected to the inner top rod (at central hub; figure 2) and the other end portion rotatably connected to the eave frame (figures 5 and 7).
19. The foldable canopy of claim 17, wherein the reinforcing mechanism (5, figure 5) comprises an outer reinforcing rod (see below) and an inner reinforcing rod (see below, figure 5), one end portion of the outer reinforcing rod is rotatably connected with one end portion of the inner reinforcing rod (figure 5 vs figure 7), the other end portion of the outer reinforcing rod is rotatably connected to the eave frame (4, figure 5), and the other end portion of the inner reinforcing rod is rotatably connected to the central locking mechanism (figures 2 and 5).
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20. The foldable canopy of claim 19, wherein the eave frame (4) comprises at least one connecting rod assembly (400, figure 4) rotatably connected between the legs (figure 4), the connecting rod assembly comprises a first connecting rod (one linkage of 400) and a second connecting rod (another linkage of 400) which are capable of being relatively unfolded (figure 4) and closed (figure 8), middles of the first connecting rod and the second connecting rod are rotatably connected by a third pivot (figure 4 vs figure 7), the other end portion of the outer reinforcing rod (as identified above) is rotatably connected to a connecting piece (unnumbered, best seen in figures 5 and 7), and the connecting piece is connected to the third pivot (figures 5 and 7); and/or [note the following limitation is an alternative limitation, due to the inclusion of “or” and does not need to be meet for the prior art to read on the claim] the central locking mechanism comprises a top cap and a bottom cap which can be locked to or disconnected from each other, the other end portion of the inner top rod is rotatably connected to the top cap, each top rod unit further comprises an auxiliary top rod, one end portion of the auxiliary top rod is rotatably connected to the inner top rod, the other end portion is rotatably connected to the bottom cap, the reinforcing mechanism further comprises an auxiliary reinforcing rod, one end portion of the auxiliary reinforcing rod is rotatably connected to the inner reinforcing rod, and the other end portion is rotatably connected to the bottom cap [again, the above limitation is an alternative limitation, due to the inclusion of “or” and does not need to be meet for the prior art to read on the claim].
Again, it would have been obvious to one of ordinary skill in the art to construct the canopy frame of Chen with foldable top rod units and at least one reinforcing mechanism, as taught by Sun et al. so as to provide a supporting structure for the canopy that offers multiple points of support from eave frames to the central locking mechanism.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Sy-Facunda as applied to claims 1-4 above, and further in view of Zingerle (US 2007/0186967). Chen does not disclose a fixed base is arranged between the inner end portion and the outer end portion of the overhanging rod, one of the first end portion of the cross rod and the second end portion of the support rod is pivotally connected to the fixed base, and the other of the first end portion of the cross rod and the second end portion of the support rod is rotatably connected to the fixed base by a universal rotating joint.
However, Zingerle teaches:
6. The foldable canopy of claim 4 wherein a fixed base is arranged between the inner end portion and the outer end portion of the overhanging rod, the first end portion of the cross rod is rotatably connected to the fixed base by a first pivot, the second end portion of the support rod is rotatably connected to the fixed base by a second pivot, and an included angle formed between an axis of the first and/or second pivot and a horizontal plane is smaller than 10 degrees when the overhanging rod is in the folded state; [note the above limitation is an alternative limitation, due to the inclusion of “or” and does not need to be meet for the prior art to read on the claim], or
a fixed base is arranged between the inner end portion and the outer end portion of the overhanging rod, the fixed base is rotatably connected with a rotating base, one of the first end portion of the cross rod and the second end portion of the support rod is rotatably connected to the fixed base, and the other of the first end portion of the cross rod and the second end portion of the support rod is rotatably connected to the rotating base; [note the above limitation is an alternative limitation, due to the inclusion of “or” and does not need to be meet for the prior art to read on the claim] or
a fixed base (11, figure 3) is arranged between the inner end portion and the outer end portion of the overhanging rod (3, figure 3), one of the first end portion of the cross rod (one rod 4, figure 8) and the second end portion of the support rod (other rod 4, figure 6) is pivotally connected to the fixed base (@23, figure 8), and the other of the first end portion of the cross rod and the second end portion of the support rod is rotatably connected to the fixed base by a universal rotating joint (both rods 4 are connected via universal joins 23 @11, therefore both are pivotally connected and connected via universal joint).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the overhanging rod of Chen with a fixed base providing pivotal and universal joint connections for cross rod end support rod, as taught by Zingerle, so as to condense the number of connection points along the overhang rod while still allowing for full flexibility and rotation of the cross and supports rods as needed.
Allowable Subject Matter
Claims 13-16 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634
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