Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serial number 18/985,117 filed 12/18/24. Claims 1-3 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The information disclosure statement (IDS) submitted on 12/18/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 bottom hub body inserted through an outer surface of a lower portion of the top hub body must be shown or the feature(s) canceled from the claim(s). Note the 112(b) rejection below. 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.
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 1-3 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 fails point out the invention as described and understood. Claim 1 recites that the bottom hub body (120) is inserted through an outer surface of the lower portion of the top hub body (110). As understood and shown in the figures, the lower portion the top bub body (110) is inserted into the bottom hub body (120). That is the lower hub body slides over the outer surface of the lower portion of the top hub body.
At line 8 of claim 2 it is not clear which partition plate “the partition plate” references as a plurality of partition plates have been defined.
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 1, as best understood, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 9,382,723 to Choi.
Choi provides an instant tent hub assembly (figures 5-7A), which is connected to a plurality of poles (5) and allows the poles to be folded or unfolded by tension of an elastic body (3), the instant tent hub assembly comprising:
a top hub body (1) to which the poles (5) are rotatably and radially coupled, and in which the elastic body (3) is provided so as to be elastically restorable;
a bottom hub body (21) slidable over or “inserted through an outer surface” of a lower portion of the top hub body (1) so as to be lifted and lowered, and connected to a lower portion of the elastic body (3);
a first fixing member (4) coupled to an upper portion of the top hub body (via bolt 7) so as to be connected to an upper portion of the elastic body (3); and
a second fixing member (bolt head) coupled to a lower portion of the bottom hub body (21) so as to be connected to the lower portion of the elastic body (3).
Claim 1, as best understood, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2024/0060327 to Park.
Park provides an instant tent hub assembly (figure 2), which is connected to a plurality of poles (400) and allows the poles to be folded or unfolded by tension of an elastic body (110), the instant tent hub assembly comprising:
a top hub body (120) to which the poles (400) are rotatably and radially coupled, and in which the elastic body (110) is provided so as to be elastically restorable;
a bottom hub body (200) “inserted through an outer surface” of a lower portion of the top hub body (120) so as to be lifted and lowered, and connected to a lower portion of the elastic body (110);
a first fixing member (130) coupled to an upper portion of the top hub body so as to be connected to an upper portion of the elastic body (110); and
a second fixing member (not shown but mentions in paragraph [0037]) ) coupled to a lower portion of the bottom hub body (200) so as to be connected to the lower portion of the elastic body.
Claims 2-3 appear to 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to teach or adequately suggest the first fixing member having a top plate and a plurality of partition plates projecting radially downward with through-holes for the elastic body.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note in particular:
The cover 40 of U.S. Patent 8,047,218 to Shin. While it attaches to the top hub it does connect to the spring. Fixing member 33 offers no more than that of Choi applied above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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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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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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