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). The drawings must show every feature of the invention specified in the claims. Therefore, the connecting rope, the first, second, third and fourth fixing members, 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The examiner does not see where in the original disclosure it is explained what the first, second, third and fourth fixing members are. Specification [0026] states that the fixing members “are all fixed via tent stakes” but does not explain what the fixing members are. Claim 10 first recites “wherein the four corners of the outer tent are respectively provided with a first fixing member, a second fixing member, a third fixing member, and a fourth fixing member”, and based on disclosure that these fixing members are fixed “via tent stakes” one of ordinary skill in the art might think the fixing members could be eyelets, or a strap or loop of fabric, as often provided on the corners of tents for securing to the ground via tent stakes. However, claim 10 step 1 recites “fixing the first fixing member to the second fixing member, and making the edges of the bottom of the outer tent between the first fixing member and the second fixing member tightened by pulling” which does not make sense if the fixing members are common corner eyelets, or loops of fabric as those are not for fixing to one another.
In summary, examiner does not see where in the original disclosure it is explained what the first, second, third and fourth fixing members are, or how the first fixing member is fixed to the second fixing member.
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 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.
With respect to claim 1, it is not clear if the “bottom of the outer tent” that “is a parallelogram” is a physical component (i.e. a panel, sheet etc. that forms a bottom surface of the outer tent) or if the applicant is claiming that the outer tent has a parallelogram footprint when assembled, or that the tent comprises a parallelogram sheet/panel. Looking at figure 3, there does not appear to be a bottom component/panel/sheet of the outer tent. Via the disclosure, there does not appear to be a physical component that would constitute the “bottom of the outer tent” that is a parallelogram. For purposes of examination, it is understood that the “bottom of the outer tent” is either the footprint of the tent when assembled, or the shape of a sheet that forms the outer tent. Appropriate correction and clarification are required.
Claim 9 recites the limitation "the inner tent" in line 1. There is insufficient antecedent basis for this limitation in the claim. Note that claim 9 depends from claim 1, but the “inner tent” is not claimed until claim 3. It is unclear if claim 9 should depend from claim 1, and first claim an inner tent, or if claim 9 is supposed to depend from claim 3.
Re: claim 10, it is not clear how the first fixing member is fixed to the second fixing member. As best understood, the two fixing members are fixed to one another via an interconnecting component. See also corresponding 112(a) rejection above on lack of written description with respect to the fixing members.
Dependent claims not directly named are rejected for being dependent upon a rejected claim.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Droschel (DE 29821330), as best understood in light of the above rejections.
Droschel discloses:
1. An outdoor tent (601, figure 123), comprising an outer tent (602, figure 123) and a connecting rope (cord 91 [see fig 100] inside elastic rod 604, figure 123), wherein
a bottom (622, figure 124) of the outer tent is a parallelogram (rectangular base, figure 124) and two ends of the connecting rope (opposing ends of 91 within 604) are respectively connected to any two opposite corners (opposing left and right front corners 7 and 8, figure 129) of the bottom of the outer tent (figure 129).
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2. The outdoor tent according to claim 1, wherein the two ends of the connecting rope are arranged at diagonal positions (angled diagonally with respect to) of the bottom of the outer tent (figure 123).
3. The outdoor tent according to claim 1, wherein the outdoor tent (601) further comprises an inner tent (603, figure 135) a bottom of the inner tent is rectangular (figure 80) and four corners of the bottom of the inner tent are connected to the outer tent (via hooks 87, figures 80 & 135).
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4. The outdoor tent according to claim 3, wherein after four corners (7, 8, 9, 10; figure 123) of the bottom of the outer tent are secured (figure 123), the parallelogram will be formed (figure 123) and bottoms of the inner tent form a rectangle (figure 135).
5. The outdoor tent according to claim 3, wherein the outer tent is provided with a first ridge line (623, figure 131), the inner tent is provided with a second ridge line (unnumbered ridge line of inner tent best seen in figure 80), and two ends of the second ridge line are fixedly arranged at two ends of the first ridge line (figure 135).
6. The outdoor tent according to claim 5, wherein the outdoor tent (601) further comprises two support poles (560, figure 133), and the support poles (560) are arranged inside the outer tent and at the two ends of the first ridge line (figure 123); and the two support poles are arranged on an outer side of the inner tent (figure 135).
7. The outdoor tent according to claim 1, wherein the outer tent (602) consists of a first outer tent component (27, figure 123) and a second outer tent component (128, figure 123); after the outer tent is supported (figure 123), projections of bottoms of the first outer tent component and the second outer tent components are triangles in a same shape (figure 123; as best understood, the first and second components project from the bottom upward in a triangular shape).
10. A setup method for the outdoor tent, which is used for setting up the outdoor tent according to claim 1, wherein the four corners (7-10, figure 123) of the outer tent (602) are respectively provided with a first fixing member (hook 608 [figure 136] @7), a second fixing member (hook 608 [figure 136] @8), a third fixing member (hook 608 [figure 136] @9), and a fourth fixing member (hook 608 [figure 136] @7), the connecting rope (91 within 604) is connected to edges of the bottom of the outer tent (figure 129) and is provided with the second fixing member and the third fixing member (all fixing members being provided); and the setup method involves fixing the four corners of the bottom of the outer tent (“the outer tent 602 is now pulled over and hooked into the tabs 626 at the lower corners 7, 8, 9, 10 using the hook 608 (Fig. 136)”, see translation), and specifically comprises the following steps:
step 1, fixing the first fixing member to the second fixing member (as best understood, interconnecting the two fixing members by insertion of elastic pole 604 in each of the first and second fixing members; change from figure 127 to figure 129, see below), and making the edges of the bottom of the outer tent between the first fixing member and the second fixing member tightened by pulling (seen in change from figure 129 to figure 131);
step 2, fixing the third fixing member (by insertion of 605), and making connection between the first fixing member and the third fixing member (by connection of 623 that connects 604 and 605), as well as the connecting rope (91) tightened by pulling to form a stable triangle (result of connecting ridge cord 623 to each of 604 and 605, holding them upright; figure 131); and
step 3, fixing the fourth fixing member (by insertion of 605), and making connection between the second fixing member and the fourth fixing member (by connection of 623 that connects 604 and 605), as well as between the third fixing member and the fourth fixing member tightened by pulling (result of connecting ridge cord 623 to each of 604 and 605, holding them upright; figure 131, see below).
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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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Droschel as applied to claims 1 and 7 above, and further in view of Samson et al. (US 5,198,287).
Re: claim 8, while Droschel discloses wherein the first outer tent component (27, figure 123) and the second outer tent component (28, figure 123) have a same structure (triangular shape), they do not disclose each to comprises a first outer tent fabric, a second outer tent fabric, and a third outer tent fabric.
However, Samson et al. teach the outer tent fabric comprises a first outer tent fabric (13, figure 2), a second outer tent fabric (11, figure 2), and a third outer tent fabric (12, figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to construct the tent fabric of Droschel to comprise a first outer tent fabric a second outer tent fabric, and a third outer tent fabric, as taught by Samson et al. so as to provide tent fabric that is water repellent, flame retardant and insect repellent, creating a safer, more comfortable sleeping and living environment for those residing in the tent.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Droschel as applied to claim 1, and further in view of Shires (US 58,684,020).
Re: claim 9, Droschel does not disclose wherein the inner tent consists of a first inner tent component and a second inner tent component; the first inner tent component and the second inner tent component have a same structure; each of which comprises a first inner tent fabric and a second inner tent fabric, the first inner tent fabric is a triangle, and the second inner tent fabric is a quadrangle.
However, Shires teaches: wherein the inner tent (100, figure 8) consists of a first inner tent component (front, seen in figure 8) and a second inner tent component (rear; opposing the side seen in figure 8); the first inner tent component and the second inner tent component have a same structure (figure 8), each of which comprises a first inner tent fabric (netting 104) and a second inner tent fabric (solid fabric 102), the first inner tent fabric is a triangle (figure 8) , and the second inner tent fabric is a quadrangle (figure 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the inner tent of Droschel who is first and second components, having first and second fabrics, as taught by Shires, for the advantage of maximizing ventilation when needed or desired, while maintaining a dry floor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
