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 .
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.
Claim 6 is 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 6 recites “the locking portion” which renders the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, Claim 6 will be treated as depending from Claim 5 where the locking portion is introduced.
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 1-4, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen in US Patent 6802329.
Regarding Claim 1, Chen teaches an outdoor umbrella with detachable ribs and tray, the outdoor umbrella comprising a tray (20/30) and ribs (141/142), wherein one end of each of the ribs is provided with an assembly seat (212/213), a plurality of assembly slots (22) are formed on the tray, and the assembly seat is embedded in a corresponding one of the assembly slots in a snap-fitted manner (see Fig. 7); and the outdoor umbrella further comprises end sealing covers (33), the end sealing covers are configured to fixedly match the tray, and the end sealing covers are configured to seal the assembly seat in the corresponding one of the assembly slots.
Regarding Claim 2, Chen teaches that the assembly seat comprises a rib assembly portion (212) and a snap-in embedding portion (213), wherein the snap-in embedding portion is configured to fit the assembly slot in a snap-in embedding manner, and the rib is in hinged fit with the rib assembly portion (see Fig. 1).
Regarding Claim 3, Chen teaches that the assembly slot comprises an accommodating slot (the narrow portion) and a dovetail slot (the wide inner portion), the rib assembly portion is configured to correspondingly match the accommodating slot, and the snap-in embedding portion is configured to correspondingly match the dovetail slot.
Regarding Claim 4, Chen teaches that the snap-in embedding portion and the dovetail slot form a mortise and tenon joint structure (see Fig. 7).
Regarding Claim 7, Chen teaches that the tray comprises an upper tray (20) and a lower tray (30), the ribs comprise long ribs (141) and short ribs (142), one end of each of the long ribs is configured for matched mounting with the upper tray, and the other end thereof extends outward; and one end of each of the short ribs is configured for matched mounting with the lower tray, and the other end thereof is configured for matched mounting with a corresponding one of the long ribs (see Fig. 1).
Allowable Subject Matter
Claims 5 and 8-10 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.
Claim 6 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. Lichtenstein, Clarke, Lai,. Beaulieu, and Zhu teach Umbrellas with detachable ribs.
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 C. Hawk/Primary Examiner, Art Unit 3636
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