DETAILED ACTION
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.
Claims 1-3, 11-12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mahan (US4652040) in view of Bae (US20060016467).
1. Mahan disclose a tent assembly for a truck bed, said tent assembly (1, Fig. 1) comprising a frame assembly (Fig. 2) and a plurality of anchor members (Fig. 1, col. 6, lines 25-28: “generally the covering 6 is secured to the truck 3 by conventional attachment means such as strap and hook assemblies 60”) including: a first corner anchor (60, rear of truck bed) configured to connect a first edge post distal end to a truck bed first rail first corner; a second corner anchor (60, front of truck bed) configured to connect a second edge post distal end to a truck bed first rail second corner; a third corner anchor (60, rear of truck bed far side - note that an identical anchor member to the first corner anchor in Fig. 1 of Mahan is present on the opposite side of the truck - to the extent that this feature is not inherent to the disclosure of Mahan note that duplication of parts is prima facie obvious per MPEP 2144.IV.B and it 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 to have included a third corner anchor on the opposite side of the truck in order to keep the other side of the tent secured to the truck pick up body) configured to connect a third edge post distal end to a truck bed second rail first corner; and a fourth corner anchor (60, front of truck bed far side - note that an identical anchor member to the second corner anchor in Fig. 1 of Mahan is present on the opposite side of the truck - to the extent that this feature is not inherent to the disclosure of Mahan note that duplication of parts is prima facie obvious per MPEP 2144.IV.B and it 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 to have included a fourth corner anchor on the opposite side of the truck in order to keep the other side of the tent secured to the truck pick up body) configured to connect a fourth edge post distal end to a truck bed second rail second corner of the truck bed.
Mahan further discloses that the “frame 7 is formed from first and second arching cross-members 40 and 41 which extend between diagonally opposite corners 31 of the rectangular pattern”. However, Mahan fails to disclose the frame assembly having: a central hub comprising an interior column, an exterior column slideably engaged with the interior column, a first post attachment member attached to an interior column top end, a second post attachment member attached to an exterior column top end, and a cover attachment member extending from an interior column bottom end; a first edge post connected at a first edge post proximal end to the first post attachment member, said first edge post including a first brace post extending between a first edge post section and the second post attachment member; a second edge post connected at a second edge post proximal end to the first post attachment member, said second edge post including a second brace post extending between a second edge post section and the second post attachment member; a third edge post connected at a third edge post proximal end to the first post attachment member, said third edge post including a third brace post extending between a third edge post section and the second post attachment member; and a fourth edge post connected at a fourth edge post proximal end to the first post attachment member, said fourth edge post including a fourth brace post extending between a fourth edge post section and the second post attachment member; a cover configured to extend between at least the first edge post and the second edge post, the second edge post and the third edge post, the third edge post and the fourth edge post, and the fourth edge post and the first edge post, a portion of said cover being connected to the cover attachment member.
Bae teaches a tent frame assembly (Fig. 5) having: a central hub (16, Fig. 6) comprising an interior column (7), an exterior column (2) slideably engaged with the interior column, a first post attachment member (1) attached to an interior column top end (7, via fastener 15), a second post attachment member (21, 22) attached to an exterior column top end (Fig. 8), and a cover attachment member (75) extending from an interior column bottom end (via fastener 73); a first edge post (41) connected at a first edge post proximal end (411) to the first post attachment member (11), said first edge post including a first brace post (3) extending between a first edge post section (412) and the second post attachment member (21, 22); a second edge post (41, note that there are four edge posts but only one includes call out numbers) connected at a second edge post proximal end (411) to the first post attachment member (11), said second edge post (41) including a second brace post (3) extending between a second edge post section (412) and the second post attachment member (21, 22); a third edge post (41) connected at a third edge post proximal end (411) to the first post attachment member (11), said third edge post including a third brace post (3) extending between a third edge post section (412) and the second post attachment member (21, 22); and a fourth edge post (41) connected at a fourth edge post proximal end (411) to the first post attachment member (11), said fourth edge post including a fourth brace post (3) extending between a fourth edge post section (412) and the second post attachment member (21, 22); a cover (A, Fig. 5, see also [0044]: “Awnings A”) configured to extend between at least the first edge post and the second edge post (A, Fig. 5), the second edge post and the third edge post (A, Fig. 5), the third edge post and the fourth edge post (A, Fig. 5), and the fourth edge post and the first edge post (A, Fig. 5), a portion (see Fig. 13) of said cover being connected to the cover attachment member (75). It 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 to have included a frame assembly having: a central hub comprising an interior column, an exterior column slideably engaged with the interior column, a first post attachment member attached to an interior column top end, a second post attachment member attached to an exterior column top end, and a cover attachment member extending from an interior column bottom end; a first edge post connected at a first edge post proximal end to the first post attachment member, said first edge post including a first brace post extending between a first edge post section and the second post attachment member; a second edge post connected at a second edge post proximal end to the first post attachment member, said second edge post including a second brace post extending between a second edge post section and the second post attachment member; a third edge post connected at a third edge post proximal end to the first post attachment member, said third edge post including a third brace post extending between a third edge post section and the second post attachment member; and a fourth edge post connected at a fourth edge post proximal end to the first post attachment member, said fourth edge post including a fourth brace post extending between a fourth edge post section and the second post attachment member; a cover configured to extend between at least the first edge post and the second edge post, the second edge post and the third edge post, the third edge post and the fourth edge post, and the fourth edge post and the first edge post, a portion of said cover being connected to the cover attachment member in the tent assembly for a truck bed of Mahan according to the teachings of Bae in order to more readily collapse the tent and cover assembly so that the truck bed may be used for non-shelter purposes.
2. Mahan in view of Bae disclose the tent assembly of claim 1, wherein the cover (A, Fig. 5 of Bae) comprises a cover first side having at least one first window opening (see Fig. 5 of Bae).
3. Mahan in view of Bae disclose the tent assembly of claim 2, wherein the first window opening includes a first screen (see the grid pattern indicating a screen in the window opening in Fig. 5 of Bae).
11. Mahan in view of Bae disclose the tent assembly of claim 1, wherein the plurality of anchor members includes a first edge anchor (see the anchor extending to the fender arch in Fig. 1 of Mahan) configured to connect a cover first portion (2) to a truck bed first side (13).
12. Mahan in view of Bae disclose the tent assembly of claim 1, wherein the plurality of anchor members includes a second edge anchor (note that an identical anchor member to the anchor extending to the fender arch in Fig. 1 of Mahan is present on the opposite side of the truck - to the extent that this feature is not inherent to the disclosure of Mahan note that duplication of parts is prima facie obvious per MPEP 2144.IV.B and it 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 to have included a second edge anchor on the opposite side of the truck in order to keep the other side of the tent secured to the truck pick up body) configured to connect a cover second portion to a truck bed second side.
17. Mahan in view of Bae disclose the tent assembly of claim 11, wherein the plurality of anchor members includes a second edge anchor (only a first edge anchor is shown in Fig. 1 - to the extent that a second anchor is not inherent to the disclosure of Mahan, note that duplication of parts is prima facie obvious per MPEP 2144.IV.B and it 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 to have included a second edge anchor on the far side of the truck bed in order to keep the other side of the tent assembly secured to the truck bed) configured to connect a cover second portion (1, Fig. 1 of ) to a truck bed second side (opposite 13 in Fig. 2 of Mahan).
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Mahan (US4652040) in view of Bae (US20060016467) and further in view of Baker (US4332265).
4. Mahan in view of Bae fail to disclose the tent assembly of claim 2, wherein the first window opening includes a first closure flap with at least a portion of the first closure flap being removably connected to a corresponding portion of the first window opening. Baker teaches in the context of a tent assembly for a truck bed wherein the first window opening includes a first closure flap with at least a portion of the first closure flap being removably connected to a corresponding portion of the first window opening (col. 6, lines 53-56: “Each side flap 204 has a window 210 of well-known construction. The window is provided with a flexible screen 211 and an upwardly rollable rain flap 212 which can be secured in rolled configuration by straps 213”). It 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 to have included wherein the first window opening includes a first closure flap with at least a portion of the first closure flap being removably connected to a corresponding portion of the first window opening in the tent assembly of Mahan in view of Bae according to the teachings of Baker in order to provide the tent occupants with control of airflow and privacy.
5. Mahan in view of Bae fail to explicitly disclose the tent assembly of claim 1, wherein the cover comprises a cover second side having at least one second window opening. Baker teaches in the context of a tent assembly for a truck bed wherein the cover comprises a cover second side having at least one second window opening (col. 6, lines 53-56: “Each side flap 204 has a window 210 of well-known construction. The window is provided with a flexible screen 211 and an upwardly rollable rain flap 212 which can be secured in rolled configuration by straps 213”). It 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 to have included wherein the cover comprises a cover second side having at least one second window opening in the tent assembly of Mahan in view of Bae according to the teachings of Baker in order to enable cross-ventilation.
6. Mahan in view of Bae and further in view of Baker disclose the tent assembly of claim 5, wherein the second window opening includes a second screen (see Baker at col. 6, lines 53-56: “Each side flap 204 has a window 210 of well-known construction. The window is provided with a flexible screen 211 and an upwardly rollable rain flap 212 which can be secured in rolled configuration by straps 213”).
7. Mahan in view of Bae and further in view of Baker disclose the tent assembly of claim 5, wherein the second window opening includes a second closure flap (212) with at least a portion of the second closure flap being removably connected to a corresponding portion of the second window opening (see Baker at col. 6, lines 53-56: “Each side flap 204 has a window 210 of well-known construction. The window is provided with a flexible screen 211 and an upwardly rollable rain flap 212 which can be secured in rolled configuration by straps 213”).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mahan (US4652040) in view of Bae (US20060016467) and further in view of Cargill (US6481784).
8. Mahan in view of Bae fail to disclose the tent assembly of claim 1, wherein the cover comprises a cover third side having at least one third window opening. Cargill teaches, in the context of a tent assembly for a truck bed, wherein the cover (30, Fig. 2 of Cargill) comprises a cover third side (the side facing the truck cab) having at least one third window opening (43, 45). It 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 to have included wherein the cover comprises a cover third side having at least one third window opening in the tent assembly of Mahan in view of Bae according to the teachings of Cargill in order to provide access to the interior of the tent from the cab (see Cargill at col. 3, lines 57-59: “A forward screen 43 and a cab access panel 45 are incorporated into the forward section of the tent assembly 26”).
9. Mahan in view of Bae and further in view of Cargill disclose the tent assembly of claim 8, wherein the third window opening includes a third screen (43, Fig. 2 of Cargill).
10. Mahan in view of Bae and further in view of Cargill disclose the tent assembly of claim 8, wherein the third window opening includes a third closure flap (45, Fig. 2 of Cargill) with at least a portion of the third closure flap being removably connected to a corresponding portion of the third window opening (see Cargill at col. 3, lines 53-59: “The aft screen 42 is backed by a zippered door panel 44 that, like the zippered side vent panels 38, can selectively cover its respective screen 42 to control the amount of air entering the tent assembly 26 and to prevent rain from entering, as well. A forward screen 43 and a cab access panel 45 are incorporated into the forward section of the tent assembly 26”).
13. Claims 13-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mahan (US4652040) in view of Bae (US20060016467) and further in view of Harris (US20220227199).
Mahan in view of Bae fail to disclose the tent assembly of claim 1, wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion. Harris teaches, in the context of a tent assembly for a truck bed, wherein the frame assembly includes a first entryway pole (see annotated Fig. 1 of Harris below) extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening (see below); and the cover includes an entryway cover portion (see below). It 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 to have included wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion in the tent assembly of Mahan in view of Bae according to the teachings of Harris in order to provide a rain protected area for easing tent ingress and egress.
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14. Mahan in view of Bae and further in view of Harris disclose the tent assembly of claim 13, wherein the frame assembly includes a second entryway pole (see above annotated Fig. 1 of Harris) extending between a first entryway pole first section (see above) and a first entryway pole second section (see above).
15. Mahan in view of Bae and further in view of Harris disclose the tent assembly of claim 13, wherein the entryway cover portion includes a fourth closure flap (112, Fig. 1 of Mahan) at least a portion of which is partially removable (see slit 115 in Fig. 1 of Harris).
16. Mahan in view of Bae and further in view of Harris disclose the tent assembly of claim 13, wherein the entryway cover portion includes a plurality of entryway cover anchor members (see above annotated Fig. 1 of Harris, note that only one anchor is shown - to the extent that a second anchor is not inherent to the disclosure of Mahan note that duplication of parts is prima facie obvious per MPEP 2144.IV.B and it 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 to have included a second anchor on the far side of the tailgate in order to keep the other side of the entryway secured to the tailgate) configured to connect the entryway cover portion to a tailgate (26) of the pickup truck.
18: Mahan in view of Bae fail to disclose the tent assembly of claim 11, wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion. Harris teaches, in the context of a tent assembly for a truck bed, wherein the frame assembly includes a first entryway pole (see annotated Fig. 1 of Harris above) extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening (see above); and the cover includes an entryway cover portion (see above). It 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 to have included wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion in the tent assembly of Mahan in view of Bae according to the teachings of Harris in order to provide a rain protected area for easing tent ingress and egress.
19. Mahan in view of Bae fail to disclose the tent assembly of claim 12, wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion. Harris teaches, in the context of a tent assembly for a truck bed, wherein the frame assembly includes a first entryway pole (see annotated Fig. 1 of Harris above) extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening (see above); and the cover includes an entryway cover portion (see above). It 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 to have included wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion in the tent assembly of Mahan in view of Bae according to the teachings of Harris in order to provide a rain protected area for easing tent ingress and egress.
20. Mahan in view of Bae fail to disclose the tent assembly of claim 17, wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion. Harris teaches, in the context of a tent assembly for a truck bed, wherein the frame assembly includes a first entryway pole (see annotated Fig. 1 of Harris above) extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening (see above); and the cover includes an entryway cover portion (see above). It 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 to have included wherein the frame assembly includes a first entryway pole extending between the first edge post distal end and the fourth edge post distal end; a cover fourth side includes an entryway opening; and the cover includes an entryway cover portion in the tent assembly of Mahan in view of Bae according to the teachings of Harris in order to provide a rain protected area for easing tent ingress and egress.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Napieraj (USD461759) discloses a truck tent and Miller (US5339851) discloses an assembly for attaching a removable tent to a motor vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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