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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/24/2026 has been entered.
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, 3, 5, 8-11, 13, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fulsebakke in US Patent 3486513.
Regarding Claim 1, Fulsebakke teaches an apparatus comprising: a movable panel (10/56) mechanically connected to an immovable panel (40/24), wherein the movable panel supports a shelter, and the immovable panel is connected to a main support rod (124) detachably attached to a vehicle roof; and at least two shelter support rods (102/100) configured to attach to the movable panel and extend away from the vehicle roof, and at least one support arm (66/90 act as an “arm”) configured to be mechanically connected to the movable panel and the main support rod, wherein the movable panel is movable between a closed position (Fig. 1) in which the movable panel lies on top of the immovable panel above the vehicle roof and an open position in which the movable panel extends away from the immovable panel and the vehicle roof (Fig. 2).
Regarding Claim 3, Fulsebakke teaches that the movable panel is mechanically connected to the immovable panel with at least one hinge (:such as by 54).
Regarding Claim 5, Fulsebakke teaches that the apparatus further comprises the movable panel configured to be locked in the open position.
Regarding Claim 8, Fulsebakke teaches that the shelter is configured to extend to the side of the vehicle.
Regarding Claim 9, Fulsebakke teaches that the shelter is configured to extend above the vehicle.
Regarding Claim 10, Fulsebakke teaches that the shelter is configured to extend to the side and above the vehicle.
Regarding Claim 11, Fulsebakke teaches an apparatus comprising: at least one movable panel (10/22) mechanically connected to at least one immovable panel (40/24), wherein the at least one movable panel supports a shelter (10), and the at least one immovable panel is connected to a main support rod (124) detachably attached to a vehicle roof; and at least two shelter support rods (100/102) configured to attach to the at least one movable panel and extend away from the vehicle roof, at least one support arm (66/90 act as an “arm”) configured to be mechanically connected to the at least one movable panel and the main support rod, wherein the at least one movable panel is movable between a closed position (Fig. 1) in which the at least one movable panel lies on top of the at least one immovable panel above the vehicle roof and an open position (Fig. 2) in which the at least one movable panel extends away from the at least one immovable panel and the vehicle roof.
Regarding Claim 13, Fulsebakke teaches that the at least one movable panel is mechanically connected to the at least one immovable panel with at least one hinge (54).
Regarding Claim 15, Fulsebakke teaches that the apparatus further comprises the at least one movable panel configured to be locked in the open position.
Regarding Claim 18, Fulsebakke teaches that the shelter is configured to extend to the side of the vehicle.
Regarding Claim 19, Fulsebakke teaches that the shelter is configured to extend above the vehicle.
Regarding Claim 20, Fulsebakke teaches that the shelter is configured to extend to the side and above the vehicle.
Claims 21-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sanders in US Patent 4830036.
Regarding Claim 21, Sanders teaches, through the normal and customary use of the device, a method comprising: configuring at least one movable panel (89/14B) to be mechanically connected to at least one immovable panel (14A); configuring the at least one immovable panel to be detachably attached to a vehicle roof by a main support rod (20); and attaching at least two shelter support rods (56) to the at least one movable panel and extending away from the vehicle roof, mechanically connecting at least one support arm (17) to each of the at least one movable panel and the main support rod (via the immovable panel), wherein the at least one movable panel is movable between a closed position (Fig. 1) in which the at least one movable panel lies on top of the at least one immovable panel above the vehicle roof and an open position (Fig. 2) in which the at least one movable panel extends away from the at least one immovable panel and the vehicle roof.
Regarding Claim 22, Sanders teaches that the method further comprises configuring the at least one movable panel and the at least one immovable panel as stackable panels comprising waterproof material (aluminum and nylon ripstock are known to be waterproof).
Regarding Claim 23, Sanders teaches that the at least one movable panel is mechanically connected by at least one hinge (17) to at least one immovable panel.
Regarding Claim 24, Sanders teaches at least two swivel pin joints (17 at either side) collocated with a proximal and a distal end of the at least one hinge on the at least one movable panel.
Regarding Claim 25, Sanders teaches aligning an axis of rotation (along 78) of the at least two swivel pin joints with at least two mounting apertures in the at least one hinge and at least two mounting apertures in the at least one movable panel (see Fig. 6).
Regarding Claim 26, Sanders teaches configuring the shelter to extend to above the vehicle roof.
Regarding Claim 27, Sanders teaches configuring the shelter canopy to extend to a side of the vehicle roof (the rear side).
Regarding Claim 28, Sanders teaches configuring the shelter canopy to extend to a side of and above the vehicle roof.
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 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fulsebakke as applied to Claims 1 and 11 above in view of Sanders in US Patent 4830036. Fulsebakke teaches that that the movable panel and the immovable panel are stackable panels but is silent on the materials used therefor. Sanders teaches an apparatus including a movable (89) and immovable (14) panel comprising waterproof material (aluminum and nylon ripstock are known to be waterproof). 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 Fulsebakke by using waterproof material as taught by Sanders in order to provide better protection for the user.
Allowable Subject Matter
Claims 6, 7, 16, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive.
The applicant’s arguments directed to Claims 1-3, 5, 8-13, 15, and 18-20 have been presented and addressed in previous correspondence and do not present any additional arguments that may be found persuasive. The applicant’s description of the different parts of a vehicle is noted but has not been considered as the pictures used by way of explanation are too dark and muddled to see any details therein. The rejections are maintained.
The amended claim language in Claim 21 has been considered by ultimately recites the same subject matter. “Configuring to attach” and “attaching” mean the same thing. “Configuring to mechanically connect” and “mechanically connecting” mean the same thing. As such, the rejection of the claims is maintained.
Conclusion
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.
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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 Chandler Hawk/Primary Examiner, Art Unit 3636