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
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, 4-5 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldwitz (US 2005/0194029).
Goldwitz discloses:
1. A tent and/or gazebo (100; figure 1, see below) comprising;
a framework (102, 104,106; figure 12), which forms a protected area (“shelter”, Abstract) accessible for people;
at least one sheet-shaped structure (20, figure 1) that is at least partially placed on an outer contour of the framework (figure 1); and
at least one tensioning beam (410, figure 12) supported by the framework (figure 12) that penetrates the outer contour of the framework (figure 12) such that the at least one sheet-shaped structure (20) which has been placed thereon (figure 1) is tensioned on an outer side of the tent and/or gazebo by the at least one tensioning beam (fig 1).
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4. The tent and/or gazebo as claimed in claim 1, wherein the at least one tensioning beam (410, figure 12) at least one of has or is connected to at least one counterweight (426).
5. The tent and/or gazebo as claimed in claim 1, wherein the at least one tensioning beam (410) passes through the outer contour of the framework at precisely one point (@22, figure 1).
12. The tent and/or gazebo as claimed in claim 4, wherein the at least one counter-weight (426) is located at an end of the at least one tensioning beam (410) remote from the at least one sheet-like structure (sheet 20 being located at the top end of 410, and counterweight at the bottom end of 410).
Claim(s) 1-3 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cronk (US 9,340,993).
Cronk discloses:
1. A tent and/or gazebo (S’, figure 2) comprising;
a framework (F’, with the exception of tensioning beam 30’, figure 2), which forms a protected area accessible for people (figure 1);
at least one sheet-shaped structure (K, figure 3D) that is at least partially placed on an outer contour of the framework (figure 3D); and
at least one tensioning beam (30’, figure 2) supported by the framework (figure 2) that penetrates the outer contour of the framework (figure 2) such that the at least one sheet-shaped structure which has been placed thereon is tensioned on an outer side of the tent and/or gazebo by the at least one tensioning beam (figure 4).
2. The tent and/or gazebo as claimed in claim 1, wherein the at least one tensioning beam (30’) is connected to the framework (F’) at least at one fastening point by fastenings (brackets T, figure 5A).
3. The tent and/or gazebo as claimed in claim 1, wherein the at least one tensioning beam is fastened to the framework by at least one rope (40A, 40B; figure 2).
6. The tent and/or gazebo as claimed in claim 1, wherein the at least one sheet-shaped structure (K’) is tensioned convexly on the outer side of the framework in a region of the at least one tensioning beam (figure 4).
7. The tent and/or gazebo as claimed in claim 1 wherein the at least one sheet-shaped structure (K’) is arranged between an outermost point of the tensioning beam and a bottom- side end of the framework (figure 4).
8. The tent and/or gazebo as claimed in claim 1, wherein the at least one tensioning beam (30’) is aligned at least one of horizontally or parallel to an underlying surface of the tent and/or gazebo (figure 2).
9.The tent and/or gazebo as claimed in claim 1 wherein the at least one tensioning beam (30’) is at least one of a) formed of at least one lightweight material (can be made of aluminum or polymeric material, as well as tubular options; col. 4, lines 21-30), or b) at least partially has a variable length.
10. (The tent and/or gazebo as claimed in claim 1, wherein the framework (F’) has framework rods (S1, S2, figure 7) that are connected to one another by connecting elements (CM, figure 7).
11. The tent and/or gazebo as claimed in claim 2, wherein the fastenings (brackets T) at the at least one fastening point have at least one degree of freedom (brackets T are rotatable subframes 10’ allowing 30’ to connected above or below 10; figures 5B vs 6B).
Claim(s) 1 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deibert et al. (5,299,590).
Deibert et al. disclose:
1. A tent and/or gazebo (figure 1) comprising:
a framework (10, 80; figure 1), which forms a protected area accessible for people (figure 1);
at least one sheet-shaped structure (170, figure 2) that is at least partially placed on an outer contour of the framework (figure 2); and
at least one tensioning beam (140, figure 1) supported by the framework (@150, figure 4) that penetrates the outer contour of the framework (figure 1) such that the at least one sheet-shaped structure (170) which has been placed thereon is tensioned on an outer side of the tent and/or gazebo by the at least one tensioning beam (figure 1).
13. The tent and/or gazebo as claimed in claim 1, wherein the at least one tensioning beam (140, figure 1) tensions the at least one sheet-like structure (170), which has been placed onto the framework, asymmetrically on the outer side of the tent and/or gazebo (figures 1-2; the sheet-like structure is not placed on the framework in a way that covers all sides of the tent equally and is therefore placed asymmetrically).
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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