Notice of Pre-AIA or AIA Status
This is the first office action on the merits for application serail number 19/106,903 filed 2/26/25 as a national stage entry of PCT/CN2022/120339. Claims 1-15 are pending as preliminarily amended. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The information disclosure statements (IDS) submitted on 2/26/25 and 11/25/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 chain and driving motor of claim 7 must be shown or the feature(s) canceled from the claim(s). 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.
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.
Claims 1, 4-6, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 9,222,278 to Park.
Park provides a vehicle-mounted hardtop tent, comprising:
a top frame 120 and a bottom frame 110, a lifting mechanism 130 and multiple pairs of foldable side panels 161/162, wherein:
the top frame is located above the bottom frame;
the side panels are arranged in pairs 161/162 and symmetrically between the top frame and the bottom frame, and are respectively connected to an edge of one of the top frame and the bottom frame;
when the top frame and the bottom frame approach each other, the side panels are configured to fold into a panel surface, which is substantially parallel to the top frame and the bottom frame; when the top frame and the bottom frame move away from each other, the side panels are configured to unfold between the top frame and the bottom frame; and
the lifting mechanism is arranged adjacent to the side panels and connected to edges of the top frame and the bottom frame, and is configured to drive the top frame to move toward or away from the bottom frame.
With respect to claims 4-6, see upper support arms 132 and lower support arms 131 and gas spring 133.
Claims 1, 2, 4, 5, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 213449752U to Chen (cite 3 of 11/25/25 IDS).
Chen provides a vehicle-mounted hardtop tent, comprising:
a top frame 1 and a bottom frame 2, a lifting mechanism 11/12 and multiple pairs of foldable side panels 3, wherein:
the top frame is located above the bottom frame;
the side panels are arranged in pairs (Fig. 5) and symmetrically between the top frame and the bottom frame, and are respectively connected to an edge of one of the top frame and the bottom frame;
when the top frame and the bottom frame approach each other, the side panels are configured to fold into a panel surface, which is substantially parallel to the top frame and the bottom frame; when the top frame and the bottom frame move away from each other, the side panels are configured to unfold between the top frame and the bottom frame; and
the lifting mechanism is arranged adjacent to the side panels and connected to edges of the top frame and the bottom frame, and is configured to drive the top frame to move toward or away from the bottom frame.
With respect to claims 2 see the hinges of figures 4-5 and [n0028] of the translation).
With respect to claims 4-5, see upper support arms 12 and lower support arms 11.
Claims 1, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 213442037U to Huang et al (cite 3 of 2/26/25 IDS).
Huang provides a vehicle-mounted hardtop tent, comprising:
a top frame 1 and a bottom frame 4, a lifting mechanism 3 and multiple pairs of foldable side panels 2, wherein:
the top frame is located above the bottom frame;
the side panels are arranged in pairs 21 and symmetrically between the top frame and the bottom frame, and are respectively connected to an edge of one of the top frame and the bottom frame (see [n0050] of attached translation);
when the top frame and the bottom frame approach each other, the side panels are configured to fold into a panel surface, which is substantially parallel to the top frame and the bottom frame; when the top frame and the bottom frame move away from each other, the side panels are configured to unfold between the top frame and the bottom frame; and
the lifting mechanism is arranged adjacent to the side panels and connected to edges of the top frame and the bottom frame, and is configured to drive the top frame to move toward or away from the bottom frame (see [n0051] of attached translation).
Claims 3 and 7-12 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note:
The folding hinge structures of U.S. Patent 10,206,501 to Kindred Jr.
The elongated folding hinge structures of U.S 2023/0106634 to Dunne et al. discussed in at least [0031-0034].
The gas springs 131 of KR 101745250B1 (cite 2 of the 11/25/25 IDS).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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