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 because in FIG. 7, reference 210 should actually be reference character 220 (see page 5, lines 9-15 of the specification).
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: 360 (“notches”; see page 7, lines 27 through page 8, line 4 of specification).
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.
Specification
The disclosure is objected to because of the following informalities:
Page 4, line 25, both instances of “second tip member 215” should be changed to --second tip connector 215-- for consistency purposes (to be consistent with the mating “first tip connector 214”).
Page 5, lines 16-17, both instances of “rib 210” should be changed to --strut 220-- since that is the component that includes the opening 250.
Page 6, line 2, “second tip member 215” should be changed to --second tip connector 215-- see above).
Page 7, line 15, “process0” should be changed to --process--.
Page 7, line 17, “sliding ring 310” should be changed to --sliding ring 350--.
Page 8, line 31, “Fig. 2” should be changed to --Fig. 4-- since that is the figure that shows the umbrella in the partially closed position.
Appropriate correction is required.
Claim Objections
Claims 2, 15 and 22 are objected to because of the following informalities:
Claim 2, line 1, “a through” should be changed to --a through hole--.
Claim 15, line 2, “has” should be changed to --having--.
Claim 22, line 2, “has” should be changed to --having--.
Appropriate correction is required.
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 1-22 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 elongated bendable member” in line 10. However, a “plurality of elongated bendable members” has previously been recited (line 8); therefore, it is unclear which specific elongated bendable member is being referred to in line 10. For examination purposes, it is assumed that each of the elongated bendable members is held taut by the biasing mechanism. Clarification is required.
Claims 6, 8 and 18 recite a “tension spring”. It is not clear if the spring is actually a tension spring. It seems from the drawings, description in the specification, and limitation of the claims, the spring is compressed when forces are acting on it and is therefore a compression spring. For examination purses, the spring will be assumed to be compression spring. Clarification is required.
Claim 12 recites “a first length of the one elongated bendable member extends from the sliding ring to one rib and a second length of the one elongated bendable member extends from the sliding ring to one rib” in lines 2-4. It is unclear if the second recitation of “one rib” (line 4) means the same rib referred to by the first recitation of “one rib” (line 3). It seems that that second length of the one elongated bendable member extends from the sliding ring to another rib, and will be assumed as such for examination purposes. Clarification is required.
Claim 18 recites “the string” in line 13. However, a “plurality of strings” has previously been recited (line 12); therefore, it is unclear which specific string is being referred to in line 10. For examination purposes, it is assumed that each of the strings is held taut by the biasing mechanism. Clarification is required.
Claim 19 recites “a first length of the one elongated bendable member extends from the sliding ring to one rib and a second length of the one elongated bendable member extends from the sliding ring to one rib” in lines 1-3. It is unclear if the second recitation of “one rib” (line 3) means the same rib referred to by the first recitation of “one rib” (line 2). It seems that that second length of the one elongated bendable member extends from the sliding ring to another rib, and will be assumed as such for examination purposes. Clarification is required.
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.
Claim(s) 1, 4-7, 9-12 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (US 6,216,712 B1).
Claim 1: Lin et al. discloses an umbrella comprising: a shaft (1); a rib assembly (2) comprising a plurality of ribs (21, 22) that are pivotally coupled to the shaft (via 20); a plurality of struts (22) that are pivotally coupled to the plurality of ribs and the shaft (via 23); and an anti-inversion assembly comprising: a biasing mechanism (25, 26, 261) that is coupled to the shaft (as seen in the figures) and is configured to store energy when a force is applied thereto and release energy when the force is removed (via the mechanics of spring 26); and a plurality of elongated bendable members (24), each elongated bendable member being coupled at a first end (241) to the biasing mechanism (as seen in FIG. 11) and at a second end (242) to one rib or to a tip of one rib (via 27), wherein the elongated bendable member is held taut by the biasing mechanism when the umbrella is in an open position (FIG. 1), a closed position (FIG. 5) and intermediate positions between the open and closed positions (FIG. 3).
Claim 4: Lin et al. discloses a runner (23) that moves along the shaft, the plurality of struts being coupled to the runner (at 231).
Claim 5: Lin et al. discloses the biasing mechanism as comprising a fixed stop (261) that is fixedly attached to the shaft at a fixed location (col. 3, lines 1-4); a biasing member (26) disposed above the fixed stop and about the shaft (as seen in the figures) and a sliding ring (25) disposed about the shaft above the biasing member (as seen in the figures), the sliding ring being slidable along the shaft and the biasing member being disposed between the sliding ring and the fixed stop (as seen in the figures).
Claim 6: Lin et al. discloses the biasing member as comprising a coiled tension spring (26) through which the shaft passes (as seen in the figures, element 26 is a coiled spring).
Claim 7: Lin et al. discloses first ends of the elongated bendable members as being coupled to the sliding ring (via notches 251, as seen in FIGS. 11-13).
Claim 9: Lin et al. discloses the elongated bendable member as comprising a string (“rope 24”).
Claim 10: Lin et al. discloses the fixed stop as comprising a ring fixedly attached to the shaft (col. 3, lines 1-4, “fixed ring”).
Claim 11: Lin et al. discloses each of the elongated bendable members as being attached to the sliding ring by being wrapped therearound, by being integrally molded therewith, or by being bonded thereto (in FIG. 11, element 24 is shown as being “wrapped” around element 25 via a looped portion 241a that passes through notches 251).
Claim 12: Lin et al. discloses one elongated bendable member as being looped through the sliding ring such a first length of the one elongated bendable member extends from the sliding ring to one rib and a second length of the one elongated bendable member extends from the sliding ring to one rib (as seen in FIG. 11, one string can comprise a loop 241a that passes through two notches 251, so that the distal ends of 24 would each be extended to two different adjacent ribs).
Claim 17: Lin et al. discloses each rib assembly as including a single rib (comprised of 21 and 22, which do not pivot relative to each other as seen in the closed position shown in FIG. 5) that is coupled to the shaft and extends to a distal end (distal end of 22) or distal tip to which the elongated bendable member is attached (via 27), wherein one corresponding strut is attached to the corresponding single rib (as seen in the figures).
Claim 18: Lin et al. discloses an umbrella comprising: a shaft (1); a rib assembly (2) comprising a plurality of ribs (21, 22) that are pivotally coupled to the shaft (via 20); a plurality of struts (22) that are pivotally coupled to the plurality of ribs and the shaft (via 23); and an anti-inversion assembly comprising: a fixed stop (261) that is fixedly attached to the shaft at a fixed location (col. 3, lines 1-4); a tension spring (26) that surrounds the shaft and is configured to store energy when a compressive force is applied thereto (as seen in the figures), the tension spring being disposed above the fixed stop (see FIGS. 2, 4 and 18); a sliding ring (25) disposed about the shaft above the tension spring, the sliding ring being acted on by the tension spring (as seen in the figures); and a plurality of strings (24), each string being coupled at a first end (241) to the sliding ring (as seen in FIG. 11) and at a second end (242) to one rib or to a tip of one rib (via 27), wherein the string is held taut by the tension spring when the umbrella is in an open position (FIG. 1), a closed position (FIG. 5) and intermediate positions between the open and closed positions (FIG. 3).
Claim 19: Lin et al. discloses one string as being looped through the sliding ring such a first length of the string extends from the sliding ring to one rib and a second length of the one string extends from the sliding ring to one rib (as seen in FIG. 11, one string can comprise a loop 241a that passes through two notches 251, so that the distal ends of 24 would each be extended to two different adjacent ribs).
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) 2, 3 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 6,216,712 B1) as applied to claim 1 above, and further in view of Barnett (US 539,762).
Lin et al. is discussed above but lacks each strut having a through hole. Barnett teaches an umbrella comprising: a shaft (A); a rib assembly comprising a plurality of ribs (A1) that are pivotally coupled to the shaft; a plurality of struts (A2) that are pivotally coupled to the plurality of ribs and the shaft (via a); and an anti-inversion assembly comprising: a plurality of elongated bendable members (C), each elongated bendable member being coupled at a first end to the shaft (at c) and at a second end to one rib or to a tip of one rib (via c2), wherein the elongated bendable member is held taut when the umbrella is in an open position (FIG. 1), a closed position and intermediate positions between the open and closed positions (FIG. 2), wherein each strut has a through hole (elongated opening or slot d’) associated therewith at a location between first and second ends thereof and one corresponding elongated bendable member passes through the through hole (as seen in FIGS. 9 and 10), wherein the through hole is located approximately at a midpoint of the strut (as seen in FIGS. 9 and 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lin et al. to include through holes on each strut, such as taught by Barnett, so that the elongated bendable members would have a means to pass through the strut to the distal end of the rib without being damaged by the strut thus reducing wear and increasing the longevity of the elongated bendable member.
Allowable Subject Matter
Claims 8, 13-15 and 20-22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at (571)272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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