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 .
Response to Amendment
Applicant's amendment filed on 4/28/2026 has been entered. Claims 21, 22, 30, 31, 38, and 39 have been amended. Claims 21-40 are still pending in this application, with claims 21, 30, and 38 being independent.
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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US 2019/0373991, hereinafter Wei) in view of Lee (KR 102305445 B1, English translation utilized and provided herewith).
In regards to claim 21, Wei teaches in Figures 1-2 and 7-8, an umbrella (Fig. 7) comprising: a support extending upwardly (200); and an umbrella canopy assembly coupled to the support (see Fig. 7) and comprising at least one tray (220), a first plurality of ribs (300) extending from the at least one tray (see Fig. 7), and a canopy (500) carried by the first plurality of ribs (Par. [0052], see Fig. 7), each first rib (each instance of 300) comprising a body comprising first and second body L- shaped arms (12), a light transparent body aligned with the body (23) and comprising first and second longitudinal arms defining a slot (231), and first and second light transparent L-shaped arms (at 231) defining first and second grooves respectively receiving the first and second body L-shaped arms (see Fig. 2) to define a tongue and groove coupling interface (see Fig. 2), the slot being between the first and second grooves (see Fig. 2), and a light source (22) carried within the slot (see Fig. 2) and configured to transit visible radiation through the light transparent body and under the canopy (Par. [0037], Figs 1-2 and 7-8).
Wei fails to disclose or fairly suggest the first and second body L-shaped arms, the first and second longitudinal arms, and the first and second light transparent L-shaped arms being coplanar with respect to a transverse axis of each first rib.
Lee teaches in Figures 6 and 7, the first and second body (100) L-shaped arms (103), the first and second longitudinal arms (at 101), and the first and second light transparent L-shaped arms (320) being coplanar with respect to a transverse axis of each first rib (coplanar in the left and right direction as oriented in Fig. 6).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to arrange the arms of Wei as suggested by Lee in order to provide the desired interconnection of components as desired by the end user. It would have been an obvious matter of design choice to shape and arrange the arms to be coplanar to one another, since the applicant has not disclosed that such an arrangement solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well as taught by Wei.
In regards to claim 22, Wei teaches in Figures 1-2 and 7-8, the slot is between the first and second body L-shaped arms and between the first and second light transparent L-shaped arms (see Fig. 2).
In regards to claim 23, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises a curved arm (the transition from 23 to 231 is interpreted as curved, there being no structural details of said curve claimed).
In regards to claim 24, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises a straight arm (231 is considered straight, see Fig. 2).
In regards to claim 25, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises an L-shaped arm (the transition from 23 to 231 is interpreted as L-shaped).
In regards to claim 26, Wei teaches in Figures 1-2 and 7-8, the light source (22) comprises a strip of light emitting devices positioned within the slot (see Fig. 1, Par. [0035])
In regards to claim 27, Wei teaches in Figures 1-2 and 7-8, each first rib comprises first and second end covers (30A, 50A) respectively positioned on first and second ends of a respective rib (Par. [0049]).
In regards to claim 28, Wei teaches in Figures 1-2 and 7-8, the umbrella canopy assembly comprises a photovoltaic cell (at 240), and a battery (Par. [0041]) coupled to the photovoltaic cell and the light sources of the first plurality of ribs (Par. [0041, 0052]); and wherein the photovoltaic cell is carried by the at least one tray (240 is carried by 220, Par. [0052]).
In regards to claim 29, Wei teaches in Figures 1-2 and 7-8, the at least one tray (220) comprises a first tray coupled to the first plurality of ribs (see Fig. 7), a second tray (230) below the first tray (see Fig. 7), and a second plurality of ribs (400) coupled between the second tray and the first plurality of ribs (see Fig. 7).
In regards to claim 30, Wei teaches in Figures 1-2 and 7-8, an umbrella (Fig. 7) comprising: a support extending upwardly (200); and an umbrella canopy assembly coupled to the support (see Fig. 7) and comprising at least one tray (220), a first plurality of ribs (300) extending from the at least one tray (see Fig. 7), a canopy (500) carried by the first plurality of ribs (Par. [0052], see Fig. 7), each first rib (each instance of 300) comprising a body comprising first and second body L- shaped arms (12), a light transparent body aligned with the body (23) and comprising first and second longitudinal arms defining a slot (231), and first and second light transparent L-shaped arms (at 231) defining first and second grooves respectively receiving the first and second body L-shaped arms (see Fig. 2) to define a tongue and groove coupling interface (see Fig. 2), the slot being between the first and second grooves (see Fig. 2), and a strip of light emitting devices (22, see Fig. 1, Par. [0035]) carried within the slot and configured to transit visible radiation through the light transparent body and under the canopy (Par. [0037], Figs 1-2 and 7-8), a photovoltaic cell (at 240), and a battery (Par. [0041]) coupled to the photovoltaic cell and the strips of light emitting devices of the first plurality of ribs (Par. [0041, 0052]).
Wei fails to disclose or fairly suggest the first and second body L-shaped arms, the first and second longitudinal arms, and the first and second light transparent L-shaped arms being coplanar with respect to a transverse axis of each first rib.
Lee teaches in Figures 6 and 7, the first and second body (100) L-shaped arms (103), the first and second longitudinal arms (at 101), and the first and second light transparent L-shaped arms (320) being coplanar with respect to a transverse axis of each first rib (coplanar in the left and right direction as oriented in Fig. 6).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to arrange the arms of Wei as suggested by Lee in order to provide the desired interconnection of components as desired by the end user. It would have been an obvious matter of design choice to shape and arrange the arms to be coplanar to one another, since the applicant has not disclosed that such an arrangement solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well as taught by Wei.
In regards to claim 31, Wei teaches in Figures 1-2 and 7-8, the slot is between the first and second body L-shaped arms and between the first and second light transparent L-shaped arms (see Fig. 2).
In regards to claim 32, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises a curved arm (the transition from 23 to 231 is interpreted as curved, there being no structural details of said curve claimed).
In regards to claim 33, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises a straight arm (231 is considered straight, see Fig. 2).
In regards to claim 34, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises an L-shaped arm (the transition from 23 to 231 is interpreted as L-shaped).
In regards to claim 35, Wei teaches in Figures 1-2 and 7-8, each first rib comprises first and second end covers (30A, 50A) respectively positioned on first and second ends of a respective rib (Par. [0049]).
In regards to claim 36, Wei teaches in Figures 1-2 and 7-8, the photovoltaic cell is carried by the at least one tray (240 is carried by 220, Par. [0052]).
In regards to claim 37, Wei teaches in Figures 1-2 and 7-8, the at least one tray (220) comprises a first tray coupled to the first plurality of ribs (see Fig. 7), a second tray (230) below the first tray (see Fig. 7), and a second plurality of ribs (400) coupled between the second tray and the first plurality of ribs (see Fig. 7).
In regards to claim 38, Wei teaches in Figures 1-2 and 7-8, a method of making an umbrella (Abstract, see Fig. 7), the method comprising: forming a support (200) to extend upwardly (Par. [0050], see Fig. 7); and coupling an umbrella canopy assembly to the support (see Fig. 7), the umbrella canopy assembly comprising at least one tray (220), a first plurality of ribs (300) extending from the at least one tray (see Fig. 7), and a canopy (500) carried by the first plurality of ribs (Par. [0052], see Fig. 7), each first rib (each instance of 300) comprising a body comprising first and second body L- shaped arms (12), a light transparent body aligned with the body (23) and comprising first and second longitudinal arms defining a slot (231), and first and second light transparent L-shaped arms (at 231) defining first and second grooves respectively receiving the first and second body L-shaped arms (see Fig. 2) to define a tongue and groove coupling interface (see Fig. 2), the slot being between the first and second grooves (see Fig. 2), and a light source (22) carried within the slot (see Fig. 2) and configured to transit visible radiation through the light transparent body and under the canopy (Par. [0037], Figs 1-2 and 7-8).
In regards to claim 39, Wei teaches in Figures 1-2 and 7-8, the slot is between the first and second body L-shaped arms and between the first and second light transparent L-shaped arms (see Fig. 2).
Wei fails to disclose or fairly suggest the first and second body L-shaped arms, the first and second longitudinal arms, and the first and second light transparent L-shaped arms being coplanar with respect to a transverse axis of each first rib.
Lee teaches in Figures 6 and 7, the first and second body (100) L-shaped arms (103), the first and second longitudinal arms (at 101), and the first and second light transparent L-shaped arms (320) being coplanar with respect to a transverse axis of each first rib (coplanar in the left and right direction as oriented in Fig. 6).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to arrange the arms of Wei as suggested by Lee in order to provide the desired interconnection of components as desired by the end user. It would have been an obvious matter of design choice to shape and arrange the arms to be coplanar to one another, since the applicant has not disclosed that such an arrangement solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well as taught by Wei.
In regards to claim 40, Wei teaches in Figures 1-2 and 7-8, each of the first and second longitudinal arms comprises one of a curved arm (the transition from 23 to 231 is interpreted as curved, there being no structural details of said curve claimed), a straight arm (231 is considered straight, see Fig. 2), and an L-shaped arm (the transition from 23 to 231 is interpreted as L-shaped).
Response to Arguments
Applicant's arguments filed 4/28/2026 with respect to the rejection(s) of claim(s) 21-40 under 35 U.S.C. 102(a)(1) as being anticipated by Wei have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made Under Wei in view of Lee. Please see the rejection above in which Lee is now utilized to teach the newly added limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please review the newly cited references found on the attached PTO-892, now including Chou et al. (US 2011/0058377) and Hsu (US 2013/0128581), which teaches either alone or in combination bodies with arms similarly shaped and arranged to that which is currently claimed above.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER K GARLEN whose telephone number is (571)272-3599. The examiner can normally be reached M-F 8:00-5:00 PM.
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, Jong-Suk (James) Lee can be reached at (571) 272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER K GARLEN/Primary Examiner, Art Unit 2875
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