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
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 and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dehlinger in US Patent 12338648.
Regarding Claim 1, Dehlinger teaches a bottom plate of a tent structure, wherein the bottom plate comprises a bottom plate body (10), at least one drainage and ventilation opening (74) being provided on the bottom plate body, the drainage and ventilation opening passing through an upper surface and a lower surface of the bottom plate body, the bottom plate body being composed of a plurality of plate members (12), the plate members being spaced apart from each other (see Fig. 4A) to form a respective drainage and ventilation opening through a gap between two adjacent plate members.
Regarding Claim 5, Dehlinger teaches that each of the drainage and ventilation openings extends to form an elongated shape (see Fig. 2).
Claims 1, 2, 5, 6, 8, and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu in US Patent 10125517.
Regarding Claim 1, Xu teaches a bottom plate (2) of a tent structure, wherein the bottom plate comprises a bottom plate body (23/21), at least one drainage and ventilation opening (space between 23) being provided on the bottom plate body, the drainage and ventilation opening passing through an upper surface and a lower surface of the bottom plate body, the bottom plate body being composed of a plurality of plate members (23), the plate members being spaced apart from each other to form a respective drainage and ventilation opening through a gap between two adjacent plate members.
Regarding Claim 2, Xu teaches that the bottom plate body is composed of a plurality of plate members (23), the plate members being spaced apart from each other to form a respective drainage and ventilation opening between two adjacent plate members.
Regarding Claim 6, Xu teaches that a bottom plate frame (21/22) is provided, installation grooves (the side rails 21) into which two ends of each plate member are inserted being arranged on inner sides of the bottom plate frame.
Regarding Claim 5, Xu teaches that each of the drainage and ventilation openings extends to form an elongated shape.
Regarding Claim 8, Xu teaches a tent structure wherein the tent structure comprises: a bottom plate (2), a side plate (5) and a top plate (1), wherein a first edge of the bottom plate is pivotally connected (at 53) to a side of the side plate, and another side of the side plate away from the bottom plate is pivotally connected (at 52) to a second edge of the top plate, to allow the side plate to rotate to an erected position relative to the bottom plate, and the top plate to rotate to a position above the bottom plate (Fig. 5), and to allow the bottom plate, the side plate and the top plate to rotate into a same plane to come into a deployed state (Fig. 3), wherein the bottom plate comprises a bottom plate body, at least one drainage and ventilation opening (between supports 23) being provided on the bottom plate body, the drainage and ventilation opening passing through an upper surface and a lower surface of the bottom plate body, the bottom plate body being composed of a plurality of plate members (23), the plate members being spaced apart from each other to form a respective drainage and ventilation opening through a gap between two adjacent plate members.
Regarding Claim 14, Xu teaches that the side plate is rotatable to an erected position (see Fig. 5) relative to the bottom plate, and the top plate is rotatable to a position (Fig. 5) above the bottom plate to come into a folded state and form an accommodation space with the bottom plate, the tent structure further comprises a supporting frame (3), in the deployed state (Fig. 1), the supporting frame extending upward to support a tarpaulin (4) above the side plate, the top plate and the bottom plate; in a folded state (Fig. 5), the supporting frame and the side plate are rotated until located between the top plate and the bottom plate, a top side of the supporting frame abuts against the top plate, and a bottom side of the supporting frame abuts against the bottom plate, to enclose the accommodation space with the side plate from outside (see Fig. 5).
Regarding Claim 15, Xu teaches that a bottom plate flange (21) protrudes from a side of the bottom plate for abutting against the supporting frame, the bottom plate abutting against the supporting frame by means of the bottom plate flange, a top plate flange (12) protruding from a side of the top plate for abutting against the supporting frame, the top plate abutting against the supporting frame by means of the top plate flange.
Regarding Claim 16, Xu teaches that bosses (54) protrude from portions of the side plate for fixing the supporting frame, the bottom plate flange and the top plate flange abutting against the bosses in the folded state.
Regarding Claim 17, Xu teaches that a shutter (51) is formed on an outer side of each boss, the shutter sheltering seams formed due to the abutment of the boss and the bottom plate flange as well as the top plate flange in the folded state.
Regarding Claim 18, Xu teaches (see Column 1, lines 55-58) that a side of the tarpaulin is connected to the bottom plate, another side of the tarpaulin being connected to the top plate, the tarpaulin being folded within the accommodation space when the top plate is rotated to the position above the bottom plate (see Fig. 5), the tarpaulin being deployed above the bottom plate, the side plate and the top plate when the side plate and the top plate are rotated to the deployed state (see Fig. 4), the tent structure further comprising a plurality of supporting rods (3, see Fig. 1), bottom ends of the supporting rods being hinged to the bottom plate, the side plate (at 54) or the top plate, top ends of the supporting rods being connected to the tarpaulin at positions spaced apart from each other on the tarpaulin (see Figs. 1 and 4).
Regarding Claim 19, Xu teaches that except for a side pivotally connected to the side plate, all other sides of the bottom plate are provided with flanges (formed by 21/22).
Claim Rejections - 35 USC § 103
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 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to Claim 1 above in view of Richardson in US Patent 3006353. Xu teaches that the tent structure further comprises a supporting frame (3) configured to support a tarpaulin (4) in the deployed state of the top plate and the bottom plate and that the supporting frame is an inverted U-shaped frame (see Fig. 1), the supporting frame being configured to define an accommodation space with the top plate and the bottom plate in a folded state of the top plate and the bottom plate (see Fig. 5). Xu is silent on the use of a rope or pulley. Richardson teaches a tent structure including a top plate (12) and a bottom plate (10), wherein the tent structure further comprises a rope (72), one end of the rope being connected to the top plate, another end of the rope being connected to the bottom plate, the top plate being tensioned in a suspended manner by the rope in the deployed state of the top plate and the bottom plate (Fig. 2), the tent structure further comprising a supporting frame (56/68) configured to support a tarpaulin (54) in the deployed state of the top plate and the bottom plate, wherein a pulley (74) is arranged on the supporting frame, and a middle part of the rope is slidably connected to the pulley. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Xu by adding a rope and pulley as taught by Richardson in order to provide support and limit the movement of the supporting frame.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to Claim 6 above in view of Jin et al. in US Publication 2020/0180498. Xu is silent on the use of supporting beams. Jin teaches a tent structure with a bottom plate (1), wherein at least one supporting beam (4) is fixed on a bottom side of the bottom plate frame, the supporting beam spanning the plate members of the bottom plate (1), and abutting against and supporting bottom sides of the plate members. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Xu by adding supporting members as taught by Jin in order to allow the user to mount the device on top of the vehicle.
Allowable Subject Matter
Claims 3, 4, 13, and 20 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.
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive.
The applicant alleges that there is material between elements 23 of the Xu device. The applicant relies on the fact that the device includes overflow holes (in the outer frame 21) for discharging collected water caused by weather or improper use to show that there must be no other means for drainage. These “overflow holes” could also be to drain water collected within the hollow tubes of the outer frame and teach nothing about draining the floor of the device. The applicant also relies on the fact that reference character “2” points to an area between elements 23 to show that there must be some phantom element that is never mentioned in the specification and is not referenced anywhere else in the figures. There is no material or element of the Xu device in the void between adjacent elements 23. Reference character 2 is merely used to indicate the assembly including elements 21, 22, and 23.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
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