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 Objections
Claims 1 and 28 are objected to because of the following informalities:
Claim 1, line 18, “the top cap are provided” should be changed to --the top cap is provided--.
Claim 28, the clause in lines 22-26 is an exact copy of the clause in lines 17-21. It is assumed the clause of lines 22-26 of claim 28 is supposed to contain the subject matter of claim 27 (lines 1-8). For examination purposes, it is assumed lines 22-26 of claim 28 reads the same as lines 1-8 of claim 27.
Appropriate correction is required.
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) 15-25 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 108518121) in view of Yuan et al. (CN 112324238) and Ma (US 7,703,464 B2).
Claims 15 and 20: Sun et al. teaches a canopy, comprising: at least three legs (1); a plurality of outer retractable units (3), each outer retractable unit being connected between two adjacent legs of the at least three legs (FIG. 1); a plurality of inner retractable units (5), each inner retractable unit being connected to one of the at least three legs (via 7) and having an inner end portion (near 9), and the plurality of outer retractable units and the plurality of inner retractable units constituting a top frame of the canopy; the inner end portion of each inner retractable unit being rotatably connected to the center hub (9); and wherein the center hub comprises a top cap (9) and a bottom cap (12).
While Sun et a. teaches a center hub (comprised of 9-12), Sun et al. lacks the center hub having a lock. Yuan et al. teaches a canopy, comprising: at least three legs (1); a plurality of outer retractable units (3), each outer retractable unit being connected between two adjacent legs of the at least three legs (FIGS. 1 and 3); a plurality of inner retractable units (2), each inner retractable unit being connected to one of the at least three legs (as seen in figures) and having an inner end portion (near 4), and the plurality of outer retractable units and the plurality of inner retractable units constituting a top frame of the canopy; a center lock (4) configured to lock the canopy in an unfolded state after locking, and allow the canopy to be folded into a folded state after unlocking, the inner end portion of each inner retractable unit being rotatably connected to the center lock (as seen in FIG. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun et al. to include a center lock, such as taught by Yuan et al., so that the canopy structure be securely locked in the unfolded position.
Sun et al. is silent on the connection between the inner retractable units and the center hub. Ma teaches a connector for a shade structure comprising: a hub (16) and a plurality of hitch mechanisms (36, 400), the inner end portion of an elongate pole (14) being rotatably connected to the hub by one of the plurality of hitch mechanisms; wherein, each hitch mechanism comprises a hitch pin (36) and a connecting piece (400) which are fitted with each other (as seen in the figures), a hitch pin groove (422, 424; FIG. 11) for accommodating the hitch pin is formed in the connecting piece, the hitch pin groove has a notch (upper portion of 450 near top surface 420 and above 494) for the hitch pin to enter, and the notch is configured to allow the hitch pin to enter the hitch pin groove in a direction intersecting with a center line thereof (as seen in FIG. 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sun et al. to include a connecting mechanism comprised of a plurality of hitch mechanism, as taught by Ma, as a removable, easy means to connect the inner ends of the inner retractable members to the central hub that does not require any extra parts, like a rivet/screw, which is common in the art.
It is noted that since Sun et al. teaches the center hub as comprising a top cap (9) and a bottom cap (12), as discussed above. Therefore, if Sun et al. modified to include the central lock of Yuan et al., the top cap and the bottom cap would be locked or unlocked with respect to each other. Additionally, if the center hub of Sun et al. was modified to include hitch pins, such as those taught by Ma, then both the top cap and the bottom cap would be provided with hitch pins, respectively, and the connecting piece would comprise an upper connecting piece connected to the hitch pin on the top cap and a lower connecting piece connected to the hitch pin on the bottom cap since both caps are pivotally connected to the inner ends of the inner retractable units and the inner ends of the reinforcing rod units.
Claim 16: Ma teaches the hub as having a plurality of connecting portions (34) arranged at intervals along a perimetric direction of the center lock (FIG. 3A), opposite surfaces of two adjacent connecting portions of the plurality of connecting portions are provided with hitch pins respectively (as seen in FIG. 3A), the connecting piece is located between the two adjacent connecting portions, and the connecting piece accommodates two hitch pins (FIG. 2).
Claim 17: Sun et al. teaches at least one reinforcing rod unit (6) having an outer end portion (near 3) and an inner end portion (near 9), the outer end portion of the reinforcing rod unit is rotatably connected to one of the plurality of outer retractable units, and the inner end portion of the reinforcing rod unit is rotatably connected to the center hub (all elements must be rotatably connected to each other for the canopy to fold properly). It is noted that if the hitch mechanism taught by Ma were added to the center hub, that any member extending to the center hub, including the reinforcing rob unit, would be attached to the center hub by the hitch mechanisms. lock by one of the plurality of hitch mechanisms.
Claim 18: Ma teaches the connecting piece as comprising a plug (402, 404, 406, 408, 410) connected with or integrally formed with the inner end portion of each elongated pole (as seen in FIG. 2) and a hook portion (426, 428) extending in a bending mode (FIG. 11), one end of the hook portion and the plug are fixedly connected or integrally formed (integrally formed as evidenced by FIG. 12A), the hitch pin groove is formed between the hook portion and the plug, and the notch is formed between the other end of the hook portion and the plug (as seen in FIG. 11). It is noted that if the hitch mechanism was applied to the center hub of Sun et al. that plug would be connected with each inner retractable unit or reinforcing rod unit as those are the element that are rotatably connected to the center hub.
Claim 19: Ma teaches a connecting rib (portion of 420 extending between 422 and 424) as being connected between the other end of the hook portion and the plug (FIG. 11), and two notches are provided on two opposite sides of the connecting rib, respectively (FIGS. 2 and 3A).
Claim 21: Ma teaches the hook portion of the upper connecting piece has a first inclined inner surface (portion of 480 closest to 426 in FIG. 12B) opposite to the plug thereof.
Claim 22: Ma teaches the notch of the hitch pin groove faces upwards (as seen in FIG. 11), the hook portion of the lower connecting piece has a second inclined inner surface (portion of 480 closest to 426 in FIG. 12B) opposite to the plug thereof and a limiting inner surface (440) opposite to the hitch pin located therein, the limiting inner surface is located between the second inclined inner surface and the notch (FIGS. 11, 12B and 12C), and an edge of the limiting inner surface close to the notch is lower than an edge of the limiting inner surface close to the second inclined inner surface (as seen in FIG. 12C, the limiting inner surface tapers inward towards 494 where the notch begins).
Claim 23: Sun et al. teaches the reinforcing rod unit as comprising a first reinforcing rod (6) and a second reinforcing rod (8) which are rotatably connected, an end portion of the first reinforcing rod is provided with the upper connecting piece and rotatably connected to the top cap through the upper connecting piece (upper end of 6 is rotatably connected to 9 and therefore would comprise an upper connecting piece if modified to include the hitch mechanisms), and an end portion of the second reinforcing rod is provided with the lower connecting piece and rotatably connected to the bottom cap through the lower connecting piece (lower end of 8 is rotatably connected to 12 and therefore would comprise a lower connecting piece if modified to include the hitch mechanisms).
Claim 24: Sun et al. teaches each inner retractable unit as comprising a first top rod (5) and a second top rod (8) which are rotatably connected, an end portion of the first top rod is provided with the upper connecting piece and rotatably connected to the top cap through the upper connecting piece (upper end of 5 is rotatably connected to 9 and therefore would comprise an upper connecting piece if modified to include the hitch mechanisms), and an end portion of the second top rod is provided with the lower connecting piece and rotatably connected to the bottom cap through the lower connecting piece (lower end of 8 is rotatably connected to 12 and therefore would comprise a lower connecting piece if modified to include the hitch mechanisms).
Claim 25: Sun et al. teaches the reinforcing rod unit as further comprising a third reinforcing rod having an end portion rotatably connected to the other end portion of the first reinforcing rod (in order to fold properly, 6 must comprise a first and second portion that are rotatably connected, as in common in the canopy art), each outer retractable unit comprises at least one connecting rod assembly rotatably connected between the legs, the connecting rod assembly comprises a first connecting rod and a second connecting rod which are capable of being relatively unfolded and closed (as seen in FIG. 1, there are three connecting rod assemblies between two adjacent legs), middles of the first connecting rod and the second connecting rod are rotatably connected by a pivot (as is common in the art and inherently must be true in order for the canopy to fold/unfold properly), the other end portion of the third reinforcing rod is rotatably connected to a pivot base, and the pivot base is connected to the pivot (the lower end of 6 is shown as being connected to the middle of a connecting and must inherently be connected to some sort of pivot base connected the pivot to the structure can fold/unfold properly).
Claim 29: Ma teaches the notch of the hitch pin groove in the connecting pieces are facing upwards during assembly.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 108518121) in view of Yuan eta l. (CN 112324238) and Ma (US 7,703,464 B2) as applied to claim 15 above, and further in view of Choi (US 8,544,489 B2).
The combination is discussed above but lacks an overhanging rod. Choi teaches a canopy comprising: at least three legs (1); a plurality of outer retractable units (2), each connected between two adjacent legs of the at least three legs; and an overhanging rod (50), the overhanging rod has an unfolded position (FIGS. 4 and 5) and a folded position after the canopy is unfolded (50 remains folded against 32a until unfolded even when the canopy has already been unfolded), and when the overhanging rod is in the unfolded position, an inner end portion of the overhanging rod is connected to one of the legs (via 301), and an outer end portion of the overhanging rod is offset from the leg (FIGS. 4 and 5), and when the overhanging rod is in the folded position, the outer end portion of the overhanging rod and the leg are drawn close to each other (FIGS. 10 and 11). 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 combination to include an overhanging rod, such as that taught by Choi, so the surface area covered by the canopy could be extended if the user desires.
Allowable Subject Matter
Claim 27 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 28 would be allowable upon correction of the claim objection.
Response to Arguments
Applicant's arguments filed 7/9/2026 have been fully considered but they are not persuasive. Applicant argues that Ma offers no teaching or suggestion to use the connector to connect the top ribs and the top end of the pole” and therefore Ma fails to teach “the top cap are [sic] provided with hitch pins, and the connecting piece comprises an upper connecting piece connected to one of the hitch pins of the top cap” (pages 9-10, Remarks). However, it is noted that while Ma shows the connector being used between a slidable hub and a lower umbrella unit, this does not mean that the use of such a connection is limited to being between those two elements. Ma repeatedly speaks in general terms in the specification when describing the invention and its uses. In fact, col. 5, lines 44-64 of Ma’s specification states “In accordance with an embodiment of the present inventions, there are provided various configurations of a connector that can be used with a structure, such as an umbrella or pavilion, to facilitate the rapid and secure fastening of structural ribs with a hub or other rib of the structure. As described in greater detail herein, the connector can incorporate various features such that a secure connection with a structure, such as a mounting member of a hub of an umbrella, can be obtained. Further, the connector can also comprise certain features that enhance its structural stability and strength. In particular, such embodiments can provide various means for securing the connector to another rib, umbrella or pavilion hub, or other structure. It is contemplated that the embodiments that use such features can provide for a connector that is superior to prior art connectors used with umbrellas, pavilions, and other such structures. Further, it should be noted that the connector can be used with any variety of components and/or assemblies, including, but not limited to, umbrellas, pavilions, tables, display stands, and other load bearing structures that include interconnected members” (emphasis added). Since the top cap and bottom caps are typically identical in their structure and connection to the ribs in the umbrella art, it would be reasonable to assume that the teaching of Ma could be extended to the connection between a top cap and inner retractable units as well as the bottom cap (slidable hub), especially given Ma teaches the connection can be used on assemblies even beyond an umbrella. Therefore, the Examiner maintains that the combination of Sun et al. with Yuan et al. and Ma reads on the claim 15 as it currently stands.
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 DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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