DETAILED ACTION
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.
Claims 1, 5, 7, and 9-19 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.
Claims 1 and 7 contain the trademark/trade name Velcro. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe hook and loop fabric fastener and, accordingly, the identification/description is indefinite.
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 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Abrahams (GB2060024) in view of Yeh (GB2222942) and further in view of Hearell (US2863467).
1. An umbrella system (see the Figure) for providing a private space (pg. 1, lines 74-76: “the wall can extend around the entire structure to afford privacy for changing or other pursuit best conducted out of the public view”) comprising: an umbrella structure comprising a canopy structure (10, 12) attached to a pole (18), the canopy structure comprising a canopy (10) and a plurality of ribs (12); and a side cover (24) being opaque (pg. 1, lines 74-76: “the wall can extend around the entire structure to afford privacy for changing or other pursuit best conducted out of the public view”) and configured to be detachably attached to the umbrella structure (pg. 1, lines 53-54: “The wall 24 of the structure is also of flexible material and is detachably suspended from the periphery of the roof”), the side cover (24) comprising a substantially rectangular shape (see Figure) having a first longitudinal side (top), a first traverse side (left of opening), a second longitudinal side (bottom), and a second traverse side (right of opening), wherein a plurality of first side retainers are disposed along the first longitudinal side and configured to be detachably attached to a plurality of canopy retainers disposed on the canopy structure (pg. 1, lines 53-55: “The wall 24 of the structure is also of flexible material and is detachably suspended from the periphery of the roof by eyelets in the material engageable upon hooks on the roof”), wherein the plurality of retainers include at least one selected from Velcro strips, buttons, latches, hooks, grommets, clips, strings, and magnets and wherein at least one canopy retainer overlaps with a rib of the plurality of ribs (pg. 1, lines 56-62: “A preferred arrangement comprises a member having deformable toothed jaws by which it can be fastened to a strut on the roof frame. The member includes an integral hook on which an eyelet in the wall can be engaged”) and wherein the canopy comprises a plurality of flaps (16) draping downwardly from a perimeter of the canopy.
Abrahams fails to disclose wherein the plurality of the canopy retainers form a zigzag pattern. Yeh teaches, in the context of umbrellas, wherein a plurality of canopy retainers form a zigzag pattern (Fig. 1 shows a zigzag pattern of canopy retainers 141, 142, 143, 144 that zigzag in the xy and xz planes). 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 plurality of the canopy retainers form a zigzag pattern in the umbrellas system of Abrahams according to the teachings of Yeh in order to implement two types of canopy retainers, e.g., deformable jaws on the ribs and slidable clasp fasteners on the canopy, see e.g., Abrahams at pg. 1, lines 56-62.
Abrahams in view of Yeh fails to disclose wherein each flap has at least one canopy retainer disposed on an inner side of that flap. Hearell teaches, in the context of umbrellas (5, Figs. 1 and 3) having a side cover (9) for use by bathers for undressing and dressing on a beach (col. 1, lines 18-19), wherein each flap (19, Fig. 5) has at least one canopy retainer (21) disposed on an inner side of that flap (19). 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 each flap has at least one canopy retainer disposed on an inner side of that flap in the umbrella system of Abrahams in view of Yeh according to the teachings of Hearell in order to prevent the flaps from lifting up from the outside of the side cover (and potentially compromising privacy) due to windy conditions on the beach.
5. Abrahams in view of Yeh and further in view of Hearell disclose the umbrella system of claim 1, wherein at least one canopy retainer is disposed between two adjacent ribs (note that Abraham’s flaps 16 are disposed between adjacent ribs 12, and thus, inclusion of Hearell’s canopy retainers on Abraham’s flaps 16 would necessarily result in the at least one canopy retainer being disposed between two adjacent ribs).
Claims 7 and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hearell (US2863467) in view of Steberger (US5018230).
7. Hearell discloses an umbrella system for providing a private space comprising: an umbrella structure (Fig. 1) comprising a canopy structure (5, Fig. 7) attached to a pole (25, 27, 29, Fig. 7), the canopy structure comprising a canopy (5) and a plurality of ribs (17); and a side cover being opaque (col. 1, lines 18-19) and configured to be detachably attached to the umbrella structure (col. 2, lines 39-40: “the side sheet 9 is readily detachable from the skirt 19 and umbrella top 5”), the side cover comprising a substantially rectangular shape (col. 2, line 39: “The side sheet 9 is generally rectangular in shape”) having a first longitudinal side (next to 37, Fig. 2), a first traverse side (47, Fig. 2), a second longitudinal side (next to 45, Fig. 2), and a second traverse side (49, Fig. 2), wherein a plurality of first side retainers (37) are disposed along the first longitudinal side and configured to be detachably attached to a plurality of canopy retainers (21, Fig. 7) disposed on the canopy structure (5, Fig. 6). wherein the plurality of first side retainers include at least one selected from Velcro strips, buttons, latches, hooks, grommets, clips, strings, and magnets (col. 2, lines 34-35: “snap fastener devices 37 complemental to the snap fastener devices 21”); and wherein the side cover (9) comprises a first surface and a second surface opposite to the first surface (col. 2, lines 31-33: “The side sheet 9 is generally rectangular in shape and of sufficient length to encircle the skirt 19 and form an enclosure”).
Hearell fails to disclose wherein the second surface being made of a material different from that of the first surface. However, Hearell does teach that “The side sheet 9 as will be clear, can be detached for use of the umbrella 7, as a beach umbrella, as shown in Figures 5, and use of the side sheet 9 as a blanket”, col. 2, lines 58-60. Also, Steberger teaches, in the context of beach blankets (Fig. 1a), wherein a second surface 3 is made of a material different from that of the first surface 2 of the blanket 1 (col. 2, lines 48-50: “an upper layer with an open weave material and a lower layer with a tight weave material”). 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 second surface being made of a material different from that of the first surface in the side cover of Hearell according to the teachings of Steberger in order to provide simultaneous absorbency and protection from the sand, see col. 1, lines 56-60.
9. Hearell in view of Steberger disclose the umbrella system of claim 7, wherein the first surface is made of a sand-free material (col. 2, lines 1-5: “It is a further object of the present invention to provide a lower layer which is comprised of a tightly woven material that prevents sand beneath the blanket from passing through the blanket and coming into contact with the user”).
10: Hearell in view of Steberger disclose the umbrella system of claim 9, wherein the second surface is made of a fabric material (col. 3, lines 8-9: “In the preferred embodiment the upper layer is made from an open weave cotton”).
11. Hearell in view of Steberger fail to disclose the umbrella system of claim 10, wherein the plurality of the first cover retainers are disposed on the first surface such that the first surface faces outside when the side cover is attached to the canopy. However, per MPEP 2144.VI.A., the reversal of parts is prima facie obvious. Here, 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 surface faces outside in order to enhance drying of the surface with beach sunlight.
12. Hearell in view of Steberger disclose the umbrella system of claim 7, wherein the side cover (9) comprises a second side retainer (47, Fig. 2) disposed along the first traverse side (adjacent 47 in Fig. 2).
13. Hearell in view of Steberger disclose the umbrella system of claim 10, wherein the side cover (9) comprises a plurality of third side retainers (45) disposed along the second longitudinal side (adjacent 45 in Fig. 2).
14. Hearell in view of Steberger disclose the umbrella system of claim 13, further comprising a plurality of ground retainers (41, Fig. 1 of Hearell) configured to engage with the plurality of the third cover retainers (45) and attach the second longitudinal side to a ground (col. 2, lines 40-43: “Stakes 41 are provided for driving into the ground 43 through openings 45 in the other longitudinal edge of the side sheet 9 to secure said edge to the ground with the side sheet 9 arranged in circular formation”).
15. Hearell in view of Steberger disclose the umbrella system of claim 14, wherein the umbrella structure (5) has a folded configuration and a deployed configuration (col. 2, lines 65-70: “In this connection, it is to be noted that sections 25, 27, 27 of the staff 7, when detached, together with the stakes 41, and the umbrella top 5, when folded downwardly, ma be wrapped in the side sheet 9, or rolled therein to forrii a com3pact comparatively small bundle for transporting or storage”), and wherein the first traverse side has a length that approximates a height between the canopy and a ground when the umbrella structure is in the deployed configuration (Fig. 1 of Hearell).
16. Hearell in view of Steberger disclose the umbrella system of claim 13, wherein the side cover (9, Fig. 1) comprises a fourth side retainer (49, Fig. 1) disposed along the second traverse side (adjacent 49), the fourth side retainer (49, 51) being configured to engage with the second cover retainer (47, 51) and being disposed at a surface opposite to that of the second side retainer (col. 2, lines 44-46: “Zipper slide fastener tapes 47, 49 are provided on the ends of the side sheet 9 for connecting said ends together by the usual runner 51 to form a fly front for the tent 1” – note that the zipper tapes extend to both surfaces of the side cover).
17. Hearell in view of Steberger disclose the umbrella system of claim 1, further comprising a side entrance (Fig. 1) configured to allow a user to enter or leave a space under the canopy, the side entrance being formed by the first traverse side (47) and the second traverse side (49) of the side cover (9).
18. Hearell in view of Steberger disclose the umbrella system of claim 1, wherein the canopy structure is detachably attached to the pole (col. 2, lines 65-70: “In this connection, it is to be noted that sections 25, 27, 27 of the staff 7, when detached, together with the stakes 41, and the umbrella top 5, when folded downwardly, ma be wrapped in the side sheet 9, or rolled therein to forrii a com3pact comparatively small bundle for transporting or storage”) .
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hearell (US2863467) in view of Steberger (US5018230) and further in view of Gohre (DE20217041)
19. Hearell in view of Steberger disclose the umbrella system of claim 16, wherein an end of the pole is configured to engage with the canopy structure, and another end of the pole comprises an auger. Gohre teaches wherein an end of the pole is configured to engage with the canopy structure, and another end of the pole comprises an auger (Fig. 1 and [0006] of MT: “The object of the invention is therefore to create a multifunctional pole that can be easily and securely anchored in the ground using an earth anchor, to which as many differently dimensioned and structured structures as possible, such as umbrella and flag poles, side tables and containers of all kinds, can be attached”) 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 an end of the pole is configured to engage with the canopy structure, and another end of the pole comprises an auger in the umbrella system of Hearell in view of Steberger according to the teachings of Gohre in order to better inhibit wind related unintentional uplift of the umbrella system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fichtel (DE20015405) discloses rain protection.
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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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