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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,644,390 hereinafter referred to as Garvens. Garvens discloses:
As per claim 1 a system 100 fig.10 comprising: a structure 100 fig.10 defining a volume (see fig.4), the volume being configured to receive at least a portion of a human head (see fig.4 & 10), the structure being configured to block at least some external light from reaching the volume [column 5 lines 60-61 “Covering 110 that is opaque may support different patterns on its two surfaces.”]; and a plurality of light sources 1005 FIG.10 [column 6 lines 48-56 “FIG. 10 illustrates an enhanced portable personal privacy screen system 1000 using system 400 as a base and further including one or more optional environment-influencing devices 1005 for use with an arched and retained panel 100. As illustrated, devices 1005 may include one or more curtains at a central lateral edge of arched panel 100 and/or a portable adjustable light that may clip on the central lateral edge. lateral edge. FIG. 11 illustrates a portable lighting system 1105 as an example of a type of environment-influencing devices.“] each coupled to the structure (see fig.10 & 11) and each configured to generate light that at least partially illuminates the volume defined by the structure [column 6 line 48-56].
As per claim 2 wherein the structure has a first end defining an opening for receiving the human head (see fig.10), a second end opposite the first end (see fig.1, 4, 10), sidewalls extending from the first end to the second end (see fig.1, 4, 10), and an arched top coupled between the sidewalls (see fig.4, 10).
As per claim 3 further comprising a tension strap 205 fig.3, 420 fig.4 [column 6 lines 32-36 “ In this case, use of a strap for retention system 420, while possible, would be unwieldly, therefore retention system includes a pair of retainers disposed between sleep support 410 and foundation 415.”] extending between the two sidewalls and configured to rest between a mattress 410 fig.4 and a bedframe 415 fig.4 to couple the structure to a bed (see fig.4).
As per claim 4 wherein the sidewalls extend substantially parallel to a length of the bed such that the first end defining the opening is located between a head and a foot of the bed (see fig.4 & 10).
Claim Rejections - 35 USC § 103
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 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) 5 & 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garvens in view of US Patent Publication US2103/0333737A1 hereinafter referred to as Williams.
Re-claim 5
Garvens disclose the claimed apparatus however does not discloses wherein the structure further includes a first plurality of elongated members spaced apart and extending substantially from the first end to the second end, and a second plurality of elongated members spaced apart and extending along the sidewalls and the arched top in a direction substantially perpendicular to the first plurality of elongated members, the first plurality of elongated members and the second plurality of elongated members at least partially supporting a shape of the structure.
Williams teaches a tent (fig.7) having a structure (fig.6); wherein the structure further includes a first plurality of elongated members 1, 4 fig.6 spaced apart and extending substantially from the first end to the second end, and a second plurality of elongated members 3 fig.6 spaced apart and extending along the sidewalls and the arched top in a direction substantially perpendicular to the first plurality of elongated members, the first plurality of elongated members and the second plurality of elongated members at least partially supporting a shape of the structure.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the tent of Garvens and the tent framework of Williams and with a reasonable expectation of success arrived at a tent having a frame. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a free standing framework used to form the perimeter of the tent structure as taught in Williams [0008].
Re-claim 6
Garvens as modified by Williams above discloses,
wherein the structure further includes a plurality of physical connectors 5, 7 fig.6 Williams each configured to couple at least one of the first plurality of elongated members to at least one of the second plurality of elongated members.
Claim(s) 7-10 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garvens in view of US Patent 10,949,624 hereinafter referred to as Cole.
Re-claim 7
Garvens disclose the claimed apparatus however does not discloses wherein the plurality of light sources includes a plurality of strips that each include multiple light sources.
Cole teaches a tent 301 fig.3 comprising a plurality of light sources 320 fig.3; wherein the plurality of light sources includes a plurality of strips that each include multiple light sources [column 10 lines 1-8 “In a preferred embodiment, individually addressable LED strip lights are provided to render lighting effects. The power for the LED light strips may also be connected to the effect controller. Alternatively, a dynamic ambient lighting system such as that provided by Philips Hue Play and Signe lamps may be connected to the effect controller through an appropriate application programming interface (API) and used to render lighting effects.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the tent of Garvens having environment influencing devices and the tent with LED strip environment influencing devices of Cole and with a reasonable expectation of success arrived at a tent having LED environment influencing devices. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a multi-sensory experience to the user improving the story telling experience as taught in Cole [see abstract and summary of invention].
Re-claim 8
Garvens as modified by Cole above discloses,
wherein each of the plurality of strips includes a strip of individually adjustable light emitting diodes (LEDs) [column 10 lines 1-8 (this is well known attribute of LED strips and Philips Hue Play and Signe lamps)] Cole.
Re-claim 9
Garvens as modified by Cole above discloses,
wherein at least one of a color, an intensity of illumination, or a duration of illumination of each of the individually adjustable LEDs is adjustable [column 6 lines 11-15 “Examples of information that could be included with light cues could include color data, a start time, fade in time, fade out time, and a looping preference. Other information that might be included would be whether the lighting effect adds to other effects or overrides all other effects.” and column 10 lines 1-8 (this is well known attribute of LED strips and Philips Hue Play and Signe lamps)] Cole.
Re-claim 10
Garvens as modified by Cole above discloses,
Garvens wherein the structure has a first end defining an opening for receiving the human head (see fig.10), a second end opposite the first end (see fig.1, 4, 10), sidewalls extending from the first end to the second end (see fig.1, 4, 10), and an arched top coupled between the sidewalls (see fig.4, 10).
Garvens as modified by Cole discloses the claimed invention except for each of the plurality of strips extends from a first sidewall to a second sidewall across the arched top. It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange the strips to extend from a first sidewall to a second sidewall across the arched top, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The plurality of light sources in Garvens is arranged at the arched top so when modifying the light sources to be strips a taught by Cole it would be reasonable and obvious to arrange the strips to extend from the first sidewall to the second sidewall across the arched top there by providing optimal lighting within the tent environment.
Re-claim 13
Garvens as modified by Cole above discloses,
further comprising at least one wireless receiver 400 fig.3, 500 fig.5 Cole coupled to the plurality of lights and configured to control operation of the lights based on received wireless signals [column 9 lines 40-51 “In this example, the communication interface 440 is a wireless interface with a data connection to the story controller 500. The computer system 410 has data files representing sounds and lighting effects in memory. When the story controller 500 sends a message to the effect controller 400 in response to an action word being read, the computer system 410 sends a signal through the interface to the lights and speakers 420 at the appropriate time to render the requested audio and/or visual effects. An amplifier 430 increase the power of the signal that is sent to speakers. All of the components are powered by a power supply 450, which may be a battery, wall adapter.”] Cole.
Re-claim 14
Garvens as modified by Cole above discloses,
wherein the structure further includes at least one speaker coupling [column 9 line 24-34 “Lighting 320, speakers 310 and associated wiring equipment may be sewn into the tent cover or may be removably attached using Velcro-style or other adhesive straps, hooks or clips. In FIG. 3, two lights 320 are depicted on the outside of the tent 301 providing a more diffuse effect. It is understood that these or other lights could be placed in a variety of places and orientations as desired, and may be controlled independently. The wiring 330 connects the lighting 320 and speakers 310 to the effect controller 400, which tells the lighting and speakers what to play and when.”] configured to couple a speaker 310 fig.3 Cole to the structure, wherein the at least one wireless receiver is further configured to control operation of the speaker based on the received wireless signals.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garvens in view of US Patent Publication US2013/0104947A1 hereinafter referred to as Hotes.
Re-claim 15
Garvens disclose a system 100 fig.10 comprising: a structure 100 fig.10 defining a volume (see fig.4) and configure to block at least some external light from reaching the volume [column 5 lines 60-61 “Covering 110 that is opaque may support different patterns on its two surfaces.”]; the volume being configured to receive at least a portion of a human head (see fig.4 & 10), the structure including: a sheet structure 110 fig.1 and a plurality of light sources 1005 FIG.10 [column 6 lines 48-56 “FIG. 10 illustrates an enhanced portable personal privacy screen system 1000 using system 400 as a base and further including one or more optional environment-influencing devices 1005 for use with an arched and retained panel 100. As illustrated, devices 1005 may include one or more curtains at a central lateral edge of arched panel 100 and/or a portable adjustable light that may clip on the central lateral edge. lateral edge. FIG. 11 illustrates a portable lighting system 1105 as an example of a type of environment-influencing devices.“] coupled to a second layer of the sheet structure (see fig.10 & 11) and each configured to generate light that at least partially illuminates the volume defined by the structure [column 6 line 48-56].
However does not discloses the structure including: a sheet structure including multiple layers coupled together and positioned between the volume and an area external relative to the volume, the multiple layers including a first layer configured to block the at least some external light from reaching the volume and a second layer located closer to the volume than the first layer, and a plurality of elongated members together configured to at least partially support the sheet structure to define the volume.
Hotes teaches a structure 10 fig.1A including: a sheet structure 70, 86 fig.1A including multiple layers coupled together and positioned between the volume and an area external relative to the volume, the multiple layers including a first layer 86 fig.9A, 9B configured to block the at least some external light from reaching the volume and a second layer 70 fig.9A, 9B located closer to the volume than the first layer (see fig.1A), and a plurality of elongated members 30-38 fig.2 together configured to at least partially support the sheet structure to define the volume.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the tent of Garvens and the tent having a multiple layer cover framework of Hotes and with a reasonable expectation of success arrived at an tent with a multiple layer cover having a frame. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a free standing framework that is portable and insulated as taught in Hotes [0012].
Claim(s) 11, 12 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garvens in view of Cole further in view of Hotes.
Re-claim 11
Garvens in view of Coles above disclose the claimed apparatus however does not discloses wherein a cross-section of the structure includes multiple layers coupled together and positioned between the volume and an area external relative to the volume, the multiple layers including a first layer configured to block the at least some external light from reaching the volume, and a second layer located closer to the volume than the first layer and configured to house the plurality of strips.
Hotes teaches a structure 10 fig.1A including: a sheet structure 70, 84, 86 fig.1A wherein a cross-section of the structure includes multiple layers coupled together and positioned between the volume and an area external relative to the volume, the multiple layers including a first layer 84, 86 fig.9A, 9B configured to block the at least some external light from reaching the volume and a second layer 70 fig.9A, 9B located closer to the volume than the first layer (see fig.1A).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the tent of Garvens as modified by Cole and the multiple layer tent of Hotes and with a reasonable expectation of success arrived at an tent with multiple layers. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a free standing framework that is portable and insulated as taught in Hotes [0012].
Re-claim 12
Garvens as modified by Cole and Hotes above discloses,
Hotes teaches wherein: the structure further includes a plurality of elongated members 30-38 fig.2 together configured to at least partially support a shape of the structure; and the first layer defines a plurality of sleeves 118 fig.2 each configured to receive one of the plurality of elongated members to retain a respective elongated member in place relative to the structure (see fig.3).
Re-claim 16
Garvens as modified by Cole and Hotes above discloses,
Cole teaches wherein the plurality of light sources 320 fig.3 includes a plurality of strips that each include multiple individually adjustable LEDs [column 10 lines 1-8 “In a preferred embodiment, individually addressable LED strip lights are provided to render lighting effects. The power for the LED light strips may also be connected to the effect controller. Alternatively, a dynamic ambient lighting system such as that provided by Philips Hue Play and Signe lamps may be connected to the effect controller through an appropriate application programming interface (API) and used to render lighting effects.” (Examiner notes this is well known attribute of LED strips and Philips Hue Play and Signe lamps)] Cole.
Re-claim 17
Garvens as modified by Cole and Hotes above discloses,
Garvens wherein the structure has a first end defining an opening for receiving the human head (see fig.10), a second end opposite the first end (see fig.1, 4, 10), sidewalls extending from the first end to the second end (see fig.1, 4, 10), and an arched top coupled between the sidewalls (see fig.4, 10).
Garvens as modified by Cole discloses the claimed invention except for each of the plurality of strips extends from a first sidewall to a second sidewall across the arched top. It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange the strips to extend from a first sidewall to a second sidewall across the arched top, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The plurality of light sources in Garvens is arranged at the arched top so when modifying the light sources to be strips a taught by Cole it would be reasonable and obvious to arrange the strips to extend from the first sidewall to the second sidewall across the arched top there by providing optimal lighting within the tent environment.
Re-claim 18
Garvens as modified by Cole and Hotes above discloses,
Hotes teaches wherein the first layer defines a plurality of sleeves 118 fig.2 each configured to receive one of the plurality of elongated members 30-38 to retain a respective elongated member in place relative to the sheet structure (see fig.3).
Re-claim 19
Garvens as modified by Cole and Hotes above discloses,
wherein the structure further includes at least one speaker coupling [column 9 line 24-34 “Lighting 320, speakers 310 and associated wiring equipment may be sewn into the tent cover or may be removably attached using Velcro-style or other adhesive straps, hooks or clips. In FIG. 3, two lights 320 are depicted on the outside of the tent 301 providing a more diffuse effect. It is understood that these or other lights could be placed in a variety of places and orientations as desired, and may be controlled independently. The wiring 330 connects the lighting 320 and speakers 310 to the effect controller 400, which tells the lighting and speakers what to play and when.”] configured to couple a speaker 310 fig.3 Cole to the structure.
Re-claim 20
Garvens as modified by Cole and Hotes above discloses,
Garvens disclose a system 100 fig.10 comprising: a structure 100 fig.10 defining a volume (see fig.4) and configure to block at least some external light from reaching the volume [column 5 lines 60-61 “Covering 110 that is opaque may support different patterns on its two surfaces.”]; the volume being configured to receive at least a portion of a human head (see fig.4 & 10), the structure including: a sheet structure 110 fig.1 and a plurality of light sources 1005 FIG.10 [column 6 lines 48-56 “FIG. 10 illustrates an enhanced portable personal privacy screen system 1000 using system 400 as a base and further including one or more optional environment-influencing devices 1005 for use with an arched and retained panel 100. As illustrated, devices 1005 may include one or more curtains at a central lateral edge of arched panel 100 and/or a portable adjustable light that may clip on the central lateral edge. lateral edge. FIG. 11 illustrates a portable lighting system 1105 as an example of a type of environment-influencing devices.“] coupled to a second layer of the sheet structure (see fig.10 & 11) and each configured to generate light that at least partially illuminates the volume defined by the structure [column 6 line 48-56].
However does not discloses the structure including: a sheet structure including multiple layers coupled together and positioned between the volume and an area external relative to the volume, the multiple layers including a first layer configured to block the at least some external light from reaching the volume and a second layer located closer to the volume than the first layer, a plurality of elongated members together configured to at least partially support the sheet structure to define the volume, and at least one speaker coupling configured to couple a speaker to the structure; and at least one wireless receiver coupled to the plurality of light sources and configured to be coupled to the speaker and configured to control the plurality of light sources and the speaker based on received wireless signals.
Hotes teaches a structure 10 fig.1A including: a sheet structure 70, 86 fig.1A including multiple layers coupled together and positioned between the volume and an area external relative to the volume, the multiple layers including a first layer 86 fig.9A, 9B configured to block the at least some external light from reaching the volume and a second layer 70 fig.9A, 9B located closer to the volume than the first layer (see fig.1A), and a plurality of elongated members 30-38 fig.2 together configured to at least partially support the sheet structure to define the volume.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the tent of Garvens and the tent having a multiple layer cover framework of Hotes and with a reasonable expectation of success arrived at an tent with a multiple layer cover having a frame. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a free standing framework that is portable and insulated as taught in Hotes [0012].
Cole teaches at least one speaker coupling [column 9 line 24-34 “Lighting 320, speakers 310 and associated wiring equipment may be sewn into the tent cover or may be removably attached using Velcro-style or other adhesive straps, hooks or clips. In FIG. 3, two lights 320 are depicted on the outside of the tent 301 providing a more diffuse effect. It is understood that these or other lights could be placed in a variety of places and orientations as desired, and may be controlled independently. The wiring 330 connects the lighting 320 and speakers 310 to the effect controller 400, which tells the lighting and speakers what to play and when.”] configured to couple a speaker 310 fig.3 to the structure; and at least one wireless receiver 400 fig.3, 500 fig.5 coupled to the plurality of light sources 320 fig.3 and configured to be coupled to the speaker (see fig.3) and configured to control the plurality of light sources and the speaker based on received wireless signals [column 9 lines 40-51 “In this example, the communication interface 440 is a wireless interface with a data connection to the story controller 500. The computer system 410 has data files representing sounds and lighting effects in memory. When the story controller 500 sends a message to the effect controller 400 in response to an action word being read, the computer system 410 sends a signal through the interface to the lights and speakers 420 at the appropriate time to render the requested audio and/or visual effects. An amplifier 430 increase the power of the signal that is sent to speakers. All of the components are powered by a power supply 450, which may be a battery, wall adapter.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the tent of Garvens having environment influencing devices and the tent with sound environment influencing devices of Cole and with a reasonable expectation of success arrived at a tent having speakers environment influencing devices. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing a multi-sensory experience to the user improving the story telling experience as taught in Cole [see abstract and summary of invention].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
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