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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the embedded seat threaded holes (511) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the two embedded seats" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites “embedded seat threaded holes on an inner side of the embedded seat body” and “thread fixing hole” provided on the fastening seat of the embedded seat, which renders the claim indefinite because it is unclear which hole the applicant is referencing. The embedded seat threaded holes have been objected to for not being depicted in the drawings, however, the thread fixing hole (521’) is recited as being provided on the fastening seat (52) of the embedded seat (5) but is actually depicted as being provided on the embedded seat body (51). For the purpose of this Office Action the examiner will assume these are the same threaded hole.
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.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2022/0372764), hereinafter Wang, in view of Pan et al. (2020/0399905) hereinafter Pan.
Wang discloses:
Claim 1: An outdoor tent having a stable tent frame mounting structure, comprising:
stand columns (Fig. 1; 2) and a cross beam (Fig. 1; 3), the cross beam is fixedly connected to upper portions of two of the stand columns (Fig. 5; 3 is depicted as fixed to upper portions of 2), two adjacent vertical edges on outer sides of upper ends of the stand columns are provided with stand column mounting portions (Fig. 8; 202 left and right), inner sides of the stand column mounting portions are provided with a plurality of clamping grooves (Fig. 8; via 8), clamping strips (Fig. 8; 800/900 left and right) are embedded into the clamping grooves, and bolts (Para. [0041]) penetrate the clamping strips and are tightly mounted on the cross beam (Para. [0041]).
While Wang fails to disclose screws penetrating the clamping strips, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as an obvious matter of design choice to a person of ordinary skill in the art to use screws because applicant has not disclosed that using screws provides an advantage, are used for a particular purpose, or solve a stated problem. One of ordinary skill in the art, furthermore, would have expected Wang’s and applicant's invention to perform equally well with either the bolts taught by Wang or the claimed screws because both fasteners would perform the same function of attaching the cross beams to the columns.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the tent of Wang to use screws, with a reasonable expectation of success because it would be a readily available fastening means.
Wang fails to disclose stand columns fixedly mounted to the ground.
However, Pan discloses stand columns are fixedly mounted to the ground (Fig. 14; via 80, Para. [0093]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the columns of Wang to include the fixing means, as taught by Pan, with a reasonable expectation of success because it would allow the tent to be anchored to the ground and help prevent tipping in strong winds.
Claim 2: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 1, wherein a plurality of stand column mounting holes (Fig. 10; see detail) are provided on the stand column mounting portions (Fig. 10; see detail), the stand column mounting holes are configured to connect and mount the cross beam (Fig. 10; see detail), positions of the clamping grooves correspond to positions of the stand column mounting holes (Fig. 8; 800/900 depicts the holes in the same location as the bolts of Fig. 10), positions of the clamping strips corresponding to the stand column mounting holes are provided with clamping strip threaded holes (Para. [0041]), and the screws penetrate the stand column mounting holes of the stand column mounting portions and the clamping strip threaded holes of the clamping strips and are tightly mounted on the cross beam (Para. [0039-0041]).
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Claim 3: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 1, but fails to disclose wherein the clamping strips are solid and are made of metals.
While Wang fails to specify what material the clamping strips are comprised of, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as an obvious matter of design choice to a person of ordinary skill in the art to use metal because applicant has not disclosed that using metal provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Wang’s clamping strips, and applicant's invention to perform equally well with whatever material is used by Wang or the claimed metal because both materials would perform the same function of structural strength equally well.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the clamping strips of Wang to be made of metal, with a reasonable expectation of success because it would provide strength and rigidity for attaching the cross beams to the columns.
Claim 4: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 2, wherein a number of the clamping strips is configured according to a number of columns of the stand column mounting holes (Fig. 8; one strip per two mounting holes).
Claim 5: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 2, wherein the clamping strips are two on one side of each stand column and four in total (Fig. 8; 800/900 left and right), and the stand column mounting holes are two respectively on an upper and a lower portion of each column (Fig. 10; see detail).
Claim 6: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 2, wherein one side of the cross beam is provided with a cross beam mounting portion, a plurality of cross beam mounting holes (Fig. 10; see detail) are provided on the cross beam mounting portion (Fig. 8; 202 left and right), and a number of the cross beam mounting holes is same as a number of positions corresponding to the stand column mounting holes (Fig. 10; see detail).
Claim 10: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 1, wherein right-angle cover plates (Fig. 5; 203) are mounted on upper surfaces of joints of the stand columns and the cross beam after the stand columns and the cross beam are mounted and connected (Para. [0040]).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2022/0372764), hereinafter Wang, in view of Pan et al. (2020/0399905) hereinafter Pan, and further in view of Yake et al. (2004/0042868) hereinafter Yake.
Claim 7: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 6, wherein the cross beam is a hollow pipe (Fig. 8; 3 is depicted as hollow), an inner side of the cross beam mounting portion is provided with a hollow cavity (Fig. 8; the area created between 202 left and right), but fails to disclose an embedded seat mounted in the hollow cavity, and a nut fixedly mounted on an inner side of the embedded seat.
However, Yake discloses a nut fixedly mounted (Fig. 1; 10, Para. [0005]) on an inner side of an embedded seat (Fig. 2; 22, Para. [0037]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the cross beam of Wang to include the a nut fixedly mounted on an inner side of an embedded seat, as taught by Yake, with a reasonable expectation of success because it would prevent the need to use a second tool to hold a loose nut when connecting the cross beam.
Claim 8: Wang and Yake disclose the outdoor tent having a stable tent frame mounting structure according to claim 7, wherein the two embedded seats (Yake - Fig. 2; 22, Para. [0037] once combined with Wang as many seats needed can be included) are provided, and are arranged at an upper end and a lower end of the inner side of the cross beam mounting portion respectively (Wang - Fig. 8; where 800 and 900 connect), and the embedded seats are transversely fixed in the hollow cavity on the inner side of the cross beam mounting portion (Yake - Fig. 2; 22, Para. [0037] once combined with Wang the seats would be fixed transversely to an inner side of Wang’s cross beam mounting portion).
Claim 9 as best understood by the examiner: Wang and Yake disclose the outdoor tent having a stable tent frame mounting structure according to claim 7, wherein the embedded seat comprises an embedded seat body (Yake - Fig. 2; 12, Para. [0037]) and a fastening seat (Yake - Fig. 2; 26) arranged perpendicular to the embedded seat body, wherein embedded seat threaded holes (Yake - Fig. 2; 14 via 10) are provided on the embedded seat body, the embedded seat threaded holes have a consistent number with the stand column mounting holes in a single row (Yake - Fig. 2; 22, Para. [0037] once combined with Wang the embedded seats would match the stand column mounting holes of Wang), nuts are fixedly mounted at positions corresponding to the embedded seat threaded holes on an inner side of the embedded seat body, and a thread fixing hole (Yake - Fig. 2; 14 via 10) is provided on the fastening seat of the embedded seat; and
the embedded seat is fixedly mounted at an upper end and a lower end of the inner side of the cross beam mounting portion by fasteners (Yake - Fig. 2; 22, Para. [0037] once combined with Wang the embedded seats would match the stand column mounting holes of Wang).
Claims 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2022/0372764), hereinafter Wang, in view of Pan et al. (2020/0399905) hereinafter Pan, and further in view of Garrison et al. (2024/0093502) hereinafter Garrison.
Claim 11: Wang discloses the outdoor tent having a stable tent frame mounting structure according to claim 1, but fails to disclose wherein the cross beam comprises a cross beam assembly, wherein the cross beam assembly comprises at least two sections of cross beam bodies, wherein two adjacent sections of cross beam bodies are in butt joint by a bearing mechanism, and the bearing mechanism comprises a first embedded seat and a second embedded seat, wherein the first embedded seat comprises a first plane mounting portion, a first side wall mounting portion and a first inclined portion, the second embedded seat comprises a second plane mounting portion, a second side wall mounting portion and a second inclined portion, the first inclined portion is attached to the second inclined portion, and the first embedded seat and the second embedded seat are inserted into inner cavities of the two adjacent sections of cross beam bodies.
However, Garrison discloses a cross beam assembly, wherein the cross beam assembly comprises at least two sections of cross beam bodies (Fig. 14; 22 left and right), wherein two adjacent sections of cross beam bodies are in butt joint by a bearing mechanism (Fig. 14; 63), and the bearing mechanism comprises a first embedded seat (Fig. 14; 61 upper) and a second embedded seat (Fig. 14; 61 lower), wherein the first embedded seat comprises a first plane mounting portion (Fig. 15; see detail - upper), a first side wall mounting portion (Fig. 15; see detail - upper) and a first inclined portion (Fig. 15; see detail - upper), the second embedded seat comprises a second plane mounting portion (Fig. 15; see detail - lower), a second side wall mounting portion (Fig. 15; see detail - lower) and a second inclined portion (Fig. 15; see detail - lower), the first inclined portion is attached to the second inclined portion (Fig. 14; via 63), and the first embedded seat and the second embedded seat are inserted into inner cavities of the two adjacent sections of cross beam bodies (Para. [0077]).
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the cross beams of Wang to include the cross beam assembly, as taught by Garrison, with a reasonable expectation of success because it allows the overall lengths of the cross beams to be greatly reduced in size for ease of production and transportation.
Claim 12: Garrison discloses the outdoor tent having a stable tent frame mounting structure according to claim 11, wherein the first side wall mounting portion and the second side wall mounting portion are on the same plane (Fig. 14; the upper and lower side wall mounting portions are in the same plane).
Claim 13: Garrison discloses the outdoor tent having a stable tent frame mounting structure according to claim 12, wherein when the cross beam is in a locked mounting state (Fig. 16), the second plane mounting portion is attached to bottom surfaces of the inner cavities of the cross beam bodies (Fig. 14; 61 lower is depicted as attached to bottom surfaces of 22); and
the first side wall mounting portion is attached to side walls of the inner cavities of the cross beam bodies (Fig. 14; 61 upper is depicted as attached to inner cavities of 22), and the second side wall mounting portion is attached to the side walls of the inner cavities of the cross beam bodies (Fig. 14; 61 lower is depicted as attached to inner cavities of 22), or gaps are provided between the first side wall mounting portion and the side walls of the inner cavities of the cross beam bodies.
Claim 15: Garrison discloses the outdoor tent having a stable tent frame mounting structure according to claim 11, wherein at least four first fixing holes (Fig. 15; 613) are provided on the first plane mounting portion (Fig. 15; see detail - upper), at least two upper butt joint holes are provided on an upper portion of one end of each cross beam body, and the upper butt joint holes match the first fixing holes in a one-to-one corresponding manner (Fig. 14; Para. [0075]); and
at least four second fixing holes are provided on the second plane mounting portion (Fig. 15; see detail - lower), at least two lower butt joint holes are provided on a lower portion of one end of each cross beam body, and the lower butt joint holes match the second fixing holes in a one-to-one corresponding manner (Fig. 14; Para. [0075]).
Allowable Subject Matter
Claims 14 and 16-20 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.
Claim 14 is considered allowable due to the first plane mounting portion has a width size greater than that of the second plane mounting portion, and an inclined surface of the first inclined portion has a width size greater than that of an inclined surface of the second inclined portion.
Claim 16 is considered allowable due to the at least two upper side wall butt joint holes and at least two lower side wall butt joint holes are provided on a side wall of one end of each cross beam body, the upper side wall butt joint holes match the first side wall fixing holes in a one-to-one corresponding manner, and the lower side wall butt joint holes match the second side wall fixing holes in a one-to-one corresponding manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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