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 configurations claimed in claims 1, 3, 6 and 7 must be shown or the feature(s) canceled from the claim(s).
Re: claim 1, the folded state is not shown in the drawings.
More specifically, with respect to claim 3, the drawings do not show how the first limiting portion 121 is in contact with the second limiting 131, as there appear to be a few components between the two, namely the flipping limiter 3 and its respective contact surfaces that extend between 121 and 131 (see figures 5-6).
With respect to claims 6 and 7, since the folded state is never shown it is not clear how 33 would be in contact with 124 when the third base 13 is flipped over on top of 12 to be received within the receiving cavity between 11 and 12.
See corresponding 112(a) rejections 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.
Claim Objections
Claims 9, 10 and 13 are objected to because of the following informalities:
Claim 9, line 2, “supporting frame” should be “second supporting frame” to differentiate from the previously claimed supporting frame in claim 1 that is connected to the second base
Claim 10, line 2, “the supporting frame” should be “the second supporting frame” for the same reason as state above.
Claim 10, line 6, “the second base or the third base” should just be “the third base”, as the frame that is connected to the second base is already claimed in claim 1, and claim 10 is directed to the frame connected to the third base, introduced in claim 9.
Claim 13, line 6, “the first base close to the third base” should be “the second base close the third base” as it is referring back to the frame in claim 1 which is claimed as rotatably connected to the second base. Also- there are no support frames disclosed as connected to the first base, only the second and third bases.
Appropriate correction is required.
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.
Claims 3-7 are 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 configurations claimed in claims 3, 6 and 7 are not clearly described in the written description.
More specifically, with respect to claim 3, it is not clear how the first limiting portion 121 can be in contact with the second limiting 131, as there appear to be a few components between the two, namely the flipping limiter 3 and its respective contact surfaces.
With respect to claims 6 and 7, the folded state is never shown in the figures, and the specification uses the same language as the claims. The disclosure does not describe how 33 would be in contact with 124 when the third base 13 is flipped over on top of 12 to be received within the receiving cavity between 11 and 12. Based on the structure disclosed it appears that, in the folded state 33 would be within the cavity space/within the perimeter of 12 when the tent bracket is in the folded state, meaning 33 and 124 would align for contact.
No new matter should be added when addressing the above rejections.
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) 1-5, 8 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robertson et al. (WO 2023/122809).
Robertson et al. disclose:
1. A foldable car roof tent bracket (figure 1), characterized by, comprising:
a tent bracket body (14, figure 2, see below), comprising a first base (18, figure 2), a second base (16, figure 2), a third base (20, figure 2) and supporting connecting rods (42, figure 3, see below), wherein one end of the first base (18) is rotatably connected (@ pivot axis 24) to one end of the second base (16, figure 2), one end of the third base (20) is rotatably connected (@ pivot axis 26, figure 2) to the other end of the second base (figure 2), each of the supporting connecting rods (42, 42) comprises a first housing (upper part of piston 42, figure 3) and a first rod (lower part of piston 42, figure 3), the first rod is telescopically connected to the first housing (figure 3), one ends of the first housing and the first rod are rotatably connected to the first base (figure 3), and the other ends of the first housing and the first rod are rotatably connected to the second base (figure 3); and
a supporting frame (24, figure 2, see below) have two ends rotatably connected to the second base (figure 2);
wherein when the first base (18) and the second base (16) are folded to form a receiving cavity(figure 6) and the third base (20) and the supporting frame (24) are rotated to be received in the receiving cavity (figure 15), the foldable car roof tent bracket is in a folded state (figure 6); when the first base (18) and the second base (16) are unfolded and the third base (20) and the supporting frame are rotated to the other side away from the first base (figure 2), the foldable car roof tent bracket is in an unfolded state (figure 2).
2. The foldable car roof tent bracket according to claim 1, characterized in that, each of the first housings is provided with a driving element (pressurized gas; [0014]), and the driving elements drive the first housings and the first rods to move away from each other ([0014]).
3. The foldable car roof tent bracket according to claim 1, characterized in that, the second base (16) is provided with a first limiting portion (lip that supports end of 20 in the open position; figure 3), and the third base (20) is provided with a second limiting portion (end that rest atop lip of 16); when the foldable car roof tent is in the unfolded state (figure 3), the first limiting portion contacts the second limiting portion (figure 3).
4. The foldable car roof tent bracket according to claim 3,characterized by, further comprising a flipping limiter (hinge bracket 36, figure 2), wherein the flipping limiter is provided at one end of the second base close to the third base (figure 2) and is rotatably connected to the second base (pivot of hinge), the second base (16) is provided with a first contact surface (upper surface of 16), the flipping limiter (36) is provided with a second contact surface (lower surface of 36 secured to 16) and a third contact surface (lower surface of 16 secured to 20), and the third base (20) is provided with a fourth contact surface (upper surface of 20); when the foldable car roof tent is in the unfolded state (figure 2), the first contact surface (upper surface of 16) contacts the second contact surface (lower surface of 36 secured to 16), and the fourth contact surface (upper surface of 20) contacts the third contact surface (lower surface of 36 secured to 20).
5. The foldable car roof tent bracket according to claim 4, characterized in that, the second base (16) is also provided with a waterproof side edge (trim 46 of 16; constructed of plastic, aluminum, fiberglass or carbon fiber; [0012],[0013], [0023], [0025]), and when the first base (18) and the second base (16) are folded (figure 5), the waterproof side edge contacts the first base (figure 7; [0021]).
8. The foldable car roof tent bracket according to claim 1, characterized by, further comprising a folding ladder (28, figure 2) having one end rotatably connected to the second base (see below).
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12. A foldable car roof tent (figure 1), characterized by, comprising: the foldable car roof tent bracket according to claim 1 (see above), and further comprising: a tent cloth (22, figure 4) the tent cloth being connected to the first base, the second base and the third base (figures 1 & 4).
13. The foldable car roof tent according to claim 12, characterized in that, the supporting frame (24) comprises a supporting horizontal rod (horizontal portion of 24, figure 2) and two supporting vertical rods (vertical end rods of 24), one end of the supporting horizontal rod is connected to one end of one of the supporting vertical rods (figure 2), the other end of the supporting horizontal rod is connected to one end of the other supporting vertical rod (figure 2), the other ends of the two supporting vertical rods are rotatably connected to one end of the first base (as explained above, this should be “second base”) close to the third base (figure 2), and the supporting horizontal rod is connected to the tent cloth ([0005], [0010]).
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) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robertson et al. as applied to claim 1 above, and further in view of Van Der Leest et al. (US 2026/0055632). Robertson et al. do not disclose a supporting frame is provided at one end of the third base away from the second base.
However, Van Der Leest et al. teach:
9. The foldable car roof tent bracket according to claim1, characterized in that, a [second] supporting frame (11, 11’; figure 3) is provided at one end of the third base (5b, figure 2) away from the second base (5a, 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 provide the foldable car roof tent bracket of Robertson et al. with a supporting frame provided at one end of the third base away from the second base, as taught by Van Der Leest et al., so as to extend the tent further away from the bases, creating additional headroom/clearance/entrance space at the end of the third base.
Re: claim 10, Robertson et al. in view of Van Der Leest et al. make obvious the foldable car roof tent bracket according to claim 9, characterized in that, the supporting frame comprises a supporting horizontal rod and two supporting vertical rods (the U-shaped frame construction taught by Robertson), one end of the supporting horizontal rod is connected to one end of one of the supporting vertical rods (Robertson et al, figure 2), the other end of the supporting horizontal rod is connected to one end of the other supporting vertical rod (Robertson et al, figure 2), and the other ends of the two supporting vertical rods are rotatably connected to [the second base] or the third base (as taught by Van Deer Leest et al.).
11. The foldable car roof tent bracket according to claim 10, characterized in that, each of the supporting vertical rods comprises a second housing (Van Der Leest et al, upper half of telescopic 11 and 11’; figure 2), a second rod (lower half of telescopic 11, 11’; Van Der Leest et al; figure 2) and a fixing clip (30, figure 2, Van Der Leest et al.), and the second rod is received in the second housing and is slidably connected (telescoping construction) to the second housing by the fixing clip ([0027]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the foldable car roof tent bracket of Robertson et al. with supporting frame vertical rods constructed as taught by Van Der Leest et al., so as to allow a more versatile, collapsible support frame, easily expanded and collapsed as needed.
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
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