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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 8-9 and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Wright (US 5904114). With respect to claim 1, Wright discloses the claimed canopy system (Figure 3) upon a floating structure with a cover 4 detachably coupled to a body of the floating structure and a connector 13 instantly detachable coupling the body with the cover having at least one force distribution assembly (Figure 15), with the at least one force distribution assembly moving substantially freely with respect to a connection point on the body and independent from a floating motion of the body of the floating structure so that a wind force received by the cover is reduced to be transferred to the body (inherently). With respect to claims 2, 8, note Wright, Figure 15, strap 6. With respect to claim 9, note Wright, Figure 3.
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) 3-5, 10-11, 15-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 5904114) in view of Reynolds (US 3493833). With respect to claims 3-5, 10-11, 14, Wright does not disclose the retainer. Reynolds teaches a retainer and ring unit 13, 22 (Figure 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Wirght with a retainer and ring unit as taught by Reynolds with a high likelihood of success for ease of stowing the cover. The combination combines known features to achieve predictable results. Further, a person of ordinary skill in the art at the time the invention was made would have some years of experience and would be familiar with various cover connection systems and would have found the combination to have been obvious. The method claims of 15-17 and 19 follow from the combination above.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 5904114) in view of Frieder (US 3399687). With respect to claims 6-7, Wright does not disclose the cover transition portions. Frieder teaches transition portions (Figure 2). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Wirght with transition portions as taught by Frieder with a high likelihood of success for improved coverage. The combination combines known features to achieve predictable results. Further, a person of ordinary skill in the art at the time the invention was made would have some years of experience and would be familiar with various cover systems and would have found the combination to have been obvious.
Claims 12-13 and 18 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Riordan et al (US 10858072) shows a cover.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Q. Jimenez can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/ Primary Examiner, Art Unit 3615
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