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 “tent mechanism” must be shown or the feature(s) canceled from the claim(s). See corresponding 35 USC 112(a) 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.
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 1-17 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 disclosure does not describe what the “tent mechanism” comprises. Claim 1 recites “a tent mechanism” in addition to the bottom, the stretching unit (which comprises the first and second tent poles and two supporting poles), and the connecting piece. Later in claim 16 a “roof system opening mechanism” (gas spring 8) is disclosed in addition to the tent mechanism and that parts of the tent mechanism connected to roof system can be folded out at least partially.
In summary, examiner does not see where in the specification it is explained what parts make up the “tent mechanism”; and as noted above, no “tent mechanism” is identified in the drawings.
No new matter should be added when addressing the above rejection.
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 1-17 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.
With respect to independent claim 1, it is not clear what the “tent mechanism” comprises. As noted in the above rejection the written description does not give any detail as to what components make up the tent mechanism, and there is no “tent mechanism” identified in the drawings. It is unclear of the tent mechanism includes the stretching unit and canvas, or if it is in addition to the stretching unit and canvas.
Claim 12 refers to the second tent pole, despite depending from claim 1, and the second tent pole not being claimed until claim 9. It is not clear if applicant intends claim 12 to depend from claim 1 and first introduce a second tent pole (i.e. “wherein the stretching unit further comprises a second tent pole, wherein the at least one of the first or second tent poles….”), or if they intend claim 12 to depend from one of claims 9, 10 or 11.
Dependent claims not directly named are rejected for depending from a rejected claim.
Appropriate correction and clarification are required.
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) 1-2, 9-12 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jin (US 11,111,691).
Jin discloses:
1. A roof tent (figure 8; Abstract) comprising a bottom (1, figure 8, see below) and a tent mechanism (2, figure 8), connected to the bottom (figure 8), that folds up and out with at least one canvas (tent cloth 20, figure 6, Abstract) that can be stretched with the aid of a stretching unit (5,6, figure 8), wherein the stretching unit of the roof tent is provided with at least a first tent pole (51, figure 8) that is connected to or is to be connected to the canvas (figure 6), one end of which is provided with a connecting piece (pivot connection between 51 and 1) with which the first tent pole (51) is connected to or is to be connected to the bottom in a freely rotatable manner (figure 8).
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2. The roof tent as claimed in claim 1, wherein the first tent pole is a telescopic tent pole (when the first tent pole is considered as 51 and 52 in combination; figure 8).
9. The roof tent as claimed in claim 1, wherein the stretching unit (5, 6, figure 8) is provided with at least a second tent pole (where the first tent pole if lefthand 51 and the second tent pole is right hand 51) that is configured to be identical to the first tent pole (figure 8), wherein the first (LH 51) and second (RH 51) tent poles, at a distance from one other, are to be connected or are connected, freely rotatably, to the bottom (hinged connection between ends of 51 and 1).
10. The roof tent as claimed in claim 9, wherein the stretching unit (5, 6) is provided with two supporting tent poles (6, figure 8) which each comprise a first end (@61, figure 8) that is connected to or is to be connected to one of the first and second tent poles (via 52) near an end thereof by which the canvas is to be connected or is connected to the first and second tent pole (figure 8).
11. The roof tent as claimed in claim 10, wherein the roof tent, in an unfolded usage state thereof (figure 8), defines an acute angle to be set between each supporting tent pole and one of the first or second tent poles, wherein the acute angle that is within an angular range of 50-85 degrees (figure 8).
12. The roof tent as claimed in claim 1, wherein at least one of the first (LH 51) or second (RH 51) tent poles of the roof tent, in an unfolded usage state (figure 8), makes an adjustable obtuse angle with the bottom (1, figure 8) that is greater than 90 degrees and is less than or equal to 150 degrees (figure 8).
15. A roof system comprising a roof tent as claimed in claim 1 (see rejection of claim 1 above).
16. The roof system as claimed in claim 15, further comprising a roof system opening mechanism (3, figure 8) by which the roof system can be folded open automatically and the parts of the tent mechanism connected to the roof system can be folded out at least partially (col. 4, lines 11-23).
Claim(s) 1, 3-8, 13-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Domenegetti (US 3,375,836). Domenegetti discloses:
1. A roof tent (figure 3) comprising a bottom (1, 2; figure 3) and a tent mechanism (central and right hand poles 4/ 21; figures 3 and 7b), connected to the bottom (figure 7b), that folds up and out with at least one canvas (figure 3) that can be stretched with the aid of a stretching unit (left hand pole 4/ 21; figures 3 and 7b), wherein the stretching unit of the roof tent is provided with at least a first tent pole (LH 21) that is connected to or is to be connected to the canvas (figure 3), one end of which is provided with a connecting piece (22, figure 7b) with which the first tent pole (LH 21) is connected to or is to be connected to the bottom in a freely rotatable manner (figure 7b).
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3. The roof tent as claimed in claim 1, wherein the connecting piece (22) is to be connected manually to the bottom in a detachable manner (figure 7b) or is connected to the bottom in a manner that is nondetachable manually.
4. The roof tent as claimed in claim 1, wherein the connecting piece (22) is provided with a head-shaped element (nut, unnumbered, figure 7b), which is connected to or is to be connected to a fastening element (17) of the bottom (figure 7b).
5. The roof tent as claimed in claim 4, wherein the head-shaped element (nut, unnumbered, figure 7b) is to be pressed in at least partially to provide a connection with the fastening element (figure 7b).
6. The roof tent as claimed in claim 1, wherein at least one of a tent roof or a tent awning of the roof tent is to be provided by means of the canvas (“tent canvas 3”; col. 2, line 48; figure 3)
7. The roof tent as claimed in claim 1, wherein the bottom is provided with a first bottom section (1, figure 2) and a second bottom section (2, figure 2), wherein the first (1) and second (2) bottom sections are joined together movably in order to move between a transport position (figure 1) and a roof tent position (figure 3) in which the first and second bottom sections form a bottom of the roof tent (figure 3).
8. The roof tent as claimed in claim 4, wherein the fastening element (17; figure 7b) is applied at or near a peripheral edge of the bottom (figure 7b).
13. The roof tent as claimed in claim 1, wherein the bottom (1, 2) is to be connected or is connected to a centrally mounted telescopic ladder (23, figure 3; see telescoping connection in figure 9a), with which the bottom is to be supported and the roof tent is accessible for a user (figures 3 and 5).
14. The roof tent as claimed in claim 1, wherein the roof tent is provided with an access opening (figure 5) that is kept free from the stretching unit in an unfolded usage state of the roof tent (figure 5).
17. A method for folding the roof tent as claimed in claim 1, the method comprising folding the roof tent in (progression from figure 3 back to figure 1; “closing operation”, col. 4, lines 10-13) and out (col. 10. Lines 4-20; progression of figures 1-3) between a transport state (figure 1) and a usage state of the roof tent (figure 3).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particular attention is drawn to US pubs 2018/0010357, 2023/0279691 and US patent 10,753,120, all of which disclose and/or teach folding roof tents (or capable of use as) with many of the claimed components, features and limitations as claimed by the applicant.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
Prosecution Insights