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 .
Election/Restriction
This application contains claims directed to the following patentably distinct species:
Group A – Figs. 1-4B
Group B – Fig. 5
Group C – Fig. 6
Group D – Fig. 7
Group E – Figs. 8-17
The species are independent or distinct because the claims to the different species recite the mutually exclusive characteristics of such species such as the inclusion of flexible rods. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, no claims are deemed generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with attorney Puya Partow-Navid on 9/29/2026 a provisional election was made without traverse to prosecute the invention of Group E, Figs. 8-17, claims 1-20. Affirmation of this election must be made by applicant in replying to this Office action.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Drawings
Figures 1-7 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (see US Patent 10801232). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 868 is not present at all, 632 is not in Fig. 8 as described. 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. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “center hub for receiving a respective first end of each first upper truss link” recited in Claim 1(as best understood, the “first upper truss link” is element 814A, which is not connected to the center hub 806), and the “second upper truss links … having a first end pivotally attached to a center socket of a respective leg bracket … and a second end pivotally attached to a respective second end of each first peak truss link” recited in Claim 1 (as best understood, the ”second upper truss link is element 814B, which is attached to the center hub 80-6 and the first upper truss link 814A), the “flexible rod mounting points” recited in Claim 1, and the “peak truss link” recited in Claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 1-10 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 1 recites “the group of first peak truss links” which renders the claims indefinite. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites an arrangement wherein “a center hub for receiving a respective first end of each first upper truss link of a group of first upper truss links; a group of second upper truss links, each second upper truss link of the group of second upper truss links having: a first end pivotally attached a center socket of a respective leg bracket of the group of leg brackets; and a second end pivotally attached to a respective second end of each first peak truss link of the group of first peak truss links” which renders the claims indefinite.
It appears that the applicant has reversed the attachment order of the “first” and “second” upper truss links, 814A and 814B, respectively, in the claim. As best understood (see Fig. 9B), the first upper truss link 814A is attached to the leg center bracket 900 and the second upper truss link 814B and the second upper truss link 814B is attached to the first upper truss link 814A and the center hub 806. For the purposes of examination, an arrangement similar to that depicted by the applicant in Fig. 9B will be considered sufficient to meet these limitations in the claim.
It is further unclear what element the “peak truss link” is in this phrase: it appears that the element in question is the “first upper truss link” (814A) and the claim will be treated as reciting such.
Claim 1 recites “flexible rod mounting points” which renders the claim indefinite. This element is not found in the Specification in relation to the elected species, nor is it identified in the Figures. As best understood, the element in question is the “respective mounting point” or “mounting device” 852. For the purposes of examination, the claim will be treated as reciting “mounting points.”
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.
(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.
Claims 1, 10-15 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 101021900 (Ochi).
Regarding Claim 1, Ochi teaches a collapsible shelter, comprising: a group of legs (2) for supporting the collapsible shelter, each leg of the group of legs including: a respective fixed leg bracket (31d) of a group of fixed leg brackets; and a respective sliding leg bracket (2a) of a group of sliding leg brackets; a group of outer truss links (3a) between each pair of legs of the group of legs, a first end of each outer truss link pivotally attached to a respective outer socket of one fixed leg bracket or one sliding leg bracket, a second end of each outer truss link pivotally attached to a second end of another outer truss link of the group of outer truss links; a group of flexible rod mounting points (31c), each flexible rod mounting point of the group of flexible rod mounting points attached to a respective outer truss link of the group of outer truss links; a center hub (5a) for receiving a respective first end of each first upper truss link of a group of first upper truss links (41g/42g/41e/42e); a group of second upper truss links (outer 4 attached to the legs), each second upper truss link of the group of second upper truss links having: a first end (7a) pivotally attached a center socket (41d) of a respective leg bracket of the group of leg brackets; and a second end (toward 41g/42g) pivotally attached to a respective second end of each first upper truss link of the group of first upper truss links; and a group of flexible rods (6), each flexible rod of the group of flexible rods having: a first end attached to a flexible rod mounting point of the group of flexible rod mounting points; and a second end attached to the center hub.
Regarding Claim 10, Ochi teaches a cover (106) placed over at least the group of flexible rods, the group of outer truss links, the group of first upper truss links, the group of second upper truss links, and the center hub.
Regarding Claim 11, Ochi teaches a collapsible shelter, comprising: a group of legs (2) for supporting the collapsible shelter; a group of outer truss links (3a) connected the group of legs; a group of upper truss links (4); a center hub (5a) connected to a first subset of upper truss links of the group of upper truss links; a group of mounting points (31c), each mounting point attached to a respective outer truss link of the group of outer truss links; and a group of flexible rods (6), each flexible rod having a first end attached to a respective mounting point and a second end attached to the center hub.
Regarding Claim 12, Ochi teaches that each leg of the group of legs includes a leg bracket (31d) for connecting at least one outer truss link of the group of outer truss links.
Regarding Claim 13, Ochi teaches that the outer truss links of the group of outer truss links are arranged to form a perimeter of the shelter and are pivotally connected between adjacent legs.
Regarding Claim 14, Ochi teaches that each flexible rod provides support for a roof structure (formed by 106).
Regarding Claim 15, Ochi teaches a cover (106) placed over the group of flexible rods and the group of upper truss links.
Regarding Claim 17, Ochi teaches a group of fixed leg brackets (31d); and a group of sliding leg brackets (2a), wherein: each fixed leg bracket includes a group of first sockets (41d); each sliding leg bracket includes a group of second sockets (32d); each leg of the group of legs is attached to a respective fixed leg bracket of the group of fixed leg brackets and a respective sliding leg bracket of the group of sliding brackets; and a first end of each outer truss link is pivotally attached to either a first socket of one group of first sockets or a second socket of one group of second sockets (see Fig. 10).
Regarding Claim 18, Ochi teaches that a second end of each outer truss link is pivotally attached to a second end of an adjacent outer truss link to form a connected truss structure (see Fig. 10).
Regarding Claim 19, Ochi teaches that the center hub is positioned at a peak of the collapsible shelter.
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Ochi as applied to Claim 1 above in view of in Carter US Patent 7252108. Ochi is silent on the details of the flexible rod mounting point or center hub. Cater teaches a collapsible shelter including flexible rods (84), flexible rod mounting points (70), and a center hub (102), wherein: each flexible rod mounting point includes a cylindrical mounting point (96) define at an upward angle; and each cylindrical mounting point receives the first end of one flexible rod of the group of flexible rods, wherein each flexible rod is removably attached to the respective cylindrical mounting point and the center hub. 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 device of Ochi by using flexible rod mounting points as taught by Carter in order to provide a quickly-assembled mounting point for the flexible rods.
Claims 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over KR 101021900 (Ochi) in view of Huang in US Patent 10982466.
Ochi teaches a collapsible shelter, comprising: a group of legs (2) for supporting the collapsible shelter, each leg of the group of legs including: a respective fixed leg bracket (31d) of a group of fixed leg brackets; and a respective sliding leg bracket (2a) of a group of sliding leg brackets; a group of outer truss links (3a) between each pair of legs of the group of legs, a first end of each outer truss link pivotally attached to a respective outer socket of one fixed leg bracket or one sliding leg bracket, a second end of each outer truss link pivotally attached to a second end of another outer truss link of the group of outer truss links; a group of flexible rod mounting points (31c), each flexible rod mounting point of the group of flexible rod mounting points attached to a respective outer truss link of the group of outer truss links; a center hub (5a); and a group of flexible rods (6), each flexible rod of the group of flexible rods having: a first end attached to a flexible rod mounting point of the group of flexible rod mounting points; and a second end attached to the center hub.
Ochi is silent on the use of truss muscles. Huang teaches a center hub (1) for receiving a respective first end of each first upper truss link of a group of first upper truss links (221); a group of second upper truss links (222), each second upper truss link of the group of second upper truss links having: a first end (see Fig. 14) pivotally attached a center socket (211) of a respective leg bracket of the group of leg brackets; and a second end (Fig. 15) pivotally attached to a respective second end of each first upper truss link of the group of first upper truss links, further comprising a group of truss muscles (223), wherein each truss muscle interposes a first peak truss link and second peak truss link pair, wherein each truss muscle includes a through hole for receiving an upper truss connector (224) that pivotally attaches the first peak truss link and second peak truss link pair, wherein the truss muscle imposes a positive lift force upon at least the second inner truss link (see Fig. 3). 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 device of Ochi by using first and second upper truss links and truss muscles as taught by Huang in order to provide a suitably biased upper canopy.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ochi, as modified, as applied to claim 1 above, and further in view of Wu et al. in US Patent 9303428. Ochi is silent on the details of the center hub. Wu teaches a collapsible shelter including a center hub (1), wherein the center hub includes a group of first socket (A, see below) and a group of second sockets (B) for receiving an inner truss link of a group of inner truss links (2); the second end of each flexible rod of a group of flexible rods (5) attached to a respective first socket of the group of first sockets; and the first end of each first upper truss link of the group of first upper truss links attached to a respective second socket of the group of second sockets, wherein the first socket is posed at an angle with respect to the second socket and wherein the first end of each first upper truss link of the group of first upper truss links is pivotally attached to the respective second socket of the group of second sockets. 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 device of Ochi, as modified, by using a center hub as taught by Wu in order to securely attach the rods and links at the center of the device.
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Claims 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ochi as applied to Claim 11 above in view of in Carter US Patent 7252108. Ochi teaches that the center hub includes a second set of group sockets (51)for receiving the first subset of upper truss links, but is silent on the details of the flexible rods and the center hub. Carter teaches a collapsible shelter including flexible rods (84) and a center hub (102) that includes a first group of sockets (104) for receiving the group of flexible rods wherein the group of flexible rods are removably attached to the center hub. 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 device of Ochi by using flexible rod mounting points at the hub as taught by Carter in order to provide a quickly-assembled mounting point for the flexible rods.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yuan et al., Wu, Zhu et al., Sy-Facunda, and Carter teach collapsible shelters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
