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 Rejections - 35 USC § 102
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.
Claims 1-6 and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tenghoff US20170336104.
Claim 1. Tenghoff discloses A shelter structure (102) comprising: a first post (109); at least a second post (109) spaced from the first post; a roof (104) assembly having a first side and a second side; a first adjustability mechanism (126) for coupling a first corner of the second side of the roof assembly to the first post; a second adjustability mechanism (similar to 126 on opposite side) for coupling a second corner of the second side of the roof assembly to the second post; wherein an angle of the roof assembly is adjustable relative to the first and second posts (shown in Fig.8).
Claim 2. Tenghoff discloses the shelter structure has only a first post and a second post and wherein the first side of the roof assembly (108) is supported by a structure (200) independent of the shelter structure (Fig.7).
Claim 3. Tenghoff discloses a roof bracket (122) and wall mount (128) coupled to the first side of the roof assembly for supporting the first side of the roof assembly on a wall.
Claim 4. Tenghoff discloses the first and second adjustability mechanisms permit the adjustability of the angle of the roof assembly relative to the first and second posts (as shown in Fig.8).
Claim 5. Tenghoff discloses the first adjustability mechanism for coupling the second side of the roof assembly to the first post comprises: a first pivot post plate (washer connected to 126, Fig.7) having a post tab (126), wherein the first pivot post plate is coupled to the first post; a first pivot plate rotatable on the first post tab (Fig.8); the second adjustability mechanism for coupling the second side of the roof assembly to the second post comprises: a second pivot post plate having a post tab, wherein the second pivot post plate is coupled to the second post; a second pivot plate rotatable on the post tab of the second pivot post (similar to the first mechanism).
Claim 6. Tenghoff discloses the roof assembly comprises at least a first side beam (120) and a second side beam, and wherein: a first end of the first beam is coupled to the first pivot plate (via 126); and a first end of the second beam is coupled to the second pivot plate (Fig. 7 and 8).
Claim 12. Tenghoff discloses a first post (109); at least a second post (109) spaced from the first post; a roof (104) and at least a left side beam (120) and a right side beam (similar to 120, see Fig.7) for supporting the roof; a first adjustability mechanism (126) for coupling the left side beam to the first post; a second adjustability mechanism (126) for coupling the right side beam to the second post; wherein an angle of the roof is adjustable relative to the first and second posts (see Fig.8).
Claim 13. Tenghoff discloses the shelter structure has only a first post and a second post and wherein the roof, the left side beam and the right side beam are also supported by a structure (200) independent of the shelter structure.
Claim 14 and 15. Tenghoff discloses the first adjustability mechanism comprises (i) a post tab (126) coupled to the first post and (ii) a first pivot plate (washer attached to 126 in Fig.7) rotatable on the first post tab; the second adjustability mechanism comprises (i) a post tab (126) coupled to the second post; and (ii) a second pivot plate (similar to washer attached to 126 in Fig.7) rotatable on the post tab of the second pivot post; and a first end of the first beam (120) is secured to the first pivot plate (via post tab 126); and a first end of the second beam is secured to the second pivot plate (Fig.7).
Claim 16. Tenghoff discloses only a first post (41) and a second post (42) spaced from the first post; a roof (104) and at least a left side beam (50) and a right side beam (50) for supporting the roof (P.0058); a first post tab (denoted 51 below) and a first pivot plate (denoted 52) rotatable on the first post tab; a second post tab and a second pivot plate rotatable on the second post tab (see Figs.10 in relation to Fig.11); and wherein: a first end of the first beam is slidable (via 52 along 50) and secured onto the first pivot plate and a first end of the second beam is slidable and secured onto the second pivot plate; wherein an angle of the roof is adjustable relative to the first and second posts (as shown in Fig.10 and 11).
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Claim 17. Tenghoff discloses a first pivot post plate (53 above), coupled to the first post (41), on which is provided the first post tab (51); and a second pivot post plate, coupled to the second post, on which is provided the second post tab (illustrated above).
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.
Claim3s 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tenghoff US20170336104 as applied to claim 1 above, and further in view of Stawski EP3444412 .
Claim 10. Tenghoff discloses the roof assembly comprises at least a plurality of roof panels (108), a left side beam (120), a right side beam (120) and one or more cross bars (118). but silent on one or more center beam, Stawski before the filing date of the instant invention discloses a roof assembly with a left side beam (2), a right side beam (3), one or more center beam (7), and one or more cross bars (4, 5). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the roof assembly of Tenghoff with the center beams of Stawski for superior rigidity as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 11. Tenghoff as modified discloses a roof bracket (122) and wall mount (128), and wherein the shelter structure comprises one or more brackets for securing the roof bracket and wall mount to the left side beam, the right side beam, and the one or more center beams (as shown in Fig.7).
Allowable Subject Matter
Claims 7-9 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 following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record fails to teach or adequately suggest the combination of characteristics specified in the independent claim, especially the requirement of a substance concerning the first and second beam slidable onto the first and second pivot plate respectively, hence there is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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