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 § 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) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rollin et al., U.S. Patent 5,685,662.
Regarding claim 21, Rollin discloses a connecting element for a structure comprising at least one stand column (10) and at least one ring beam (22), each of the at least one stand columns and the at least one ring beam having an assembly slot (26 and slot between opposing components 28), the at least one stand column and the at least one ring beam being configured to be assembled by using at least one first connection component to form a tent frame (see Fig. 1), the at least one first connection component comprising a first connection component unit (spring-like projection of the vertical arm, col. 9, lines 13-16; see Fig. 2, at 48) configured to be cooperatively mounted with the assembly slot of the at least one stand columns, a second connection component unit (spring-like projection of the horizontal arm, col. 9, lines 13-16; see Fig. 2, at 48) configured to be cooperatively mounted with the assembly slot of the at least one ring beams, and a third connection component unit (40) configured to dock the first connection component unit and the second connection component unit, wherein the assembly slot of each of the at least one stand column and the at least one ring beam comprises a slot cavity having a cross section defined by a first side, and a second side spaced apart from the first side, the second side being longer than the first side and having an open slot penetrating through the slot cavity (see Fig. 4D reproduced below; the generally arcuate shape of the second side of the cavity has a greater length than the generally straight side of the cavity cross section shape). The phrases “configured to be assembled by using at least one first connection component to form a tent frame,” “configured to be cooperatively mounted with the assembly slot of the at least one stand columns,” “configured to be cooperatively mounted with the assembly slot of the at least one ring beams,” and “configured to dock the first connection component unit and the second connection component unit” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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Claim Rejections - 35 USC § 103
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 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) 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rollin et al., U.S. Patent 5,685,662 in view of Rinaldi, U.S. Patent 4,841,688.
Regarding claim 30, Rollin discloses a connecting element for a structure, but does not disclose specifically a variably expandable outdoor tent comprising at least one tent frame formed by the at least one stand column, the at least one ring beam, and the at least one first connection component of claim 21, and a single canopy cooperatively mounted with the tent frame. Rinaldi teaches a modular structure with connecting elements (13) formed by vertical post and horizontal beam members (see Fig. 2) to form a variably expandable outdoor tent structure (see Fig. 1) with a single canopy structure (canvas, abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce a structure similar to Rinaldi’s structure including a canopy where a shaded area is desired in the location of the structure.
Regarding claim 31, the prior art, as modified, discloses an outdoor tent wherein the canopy comprises one or more of a tarpaulin canopy, a louver canopy, a tin canopy, a sun panel canopy, an umbrella canopy, and an inclined canopy (an inclined canopy, see Rinaldi Fig. 1).
Regarding claim 32, the prior art, as modified, discloses an outdoor tent wherein the at least one tent frame comprises two tent frames that are connected to each other with a common stand column (Rinaldi 4; see Fig. 1).
Allowable Subject Matter
Claims 22-29 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. The closest prior art of record fails to disclose or make obvious an assembly structure for a tent including all of the claimed structural features in combination with the fastening members and assembly members according to claim 22, or including the claimed structural features of the ring beam according to claim 27.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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