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 .
Amendment
Acknowledgement is made of the amendment and remarks filed September 15, 2025. Applicant’s amendments do not fully overcome the rejection under 35 USC 112 (a) and (b) (see response following the rejection below). The rejection is repeated and made final.
Accordingly, THIS ACTION IS MADE FINAL. See MPEP 706.07(a).
FINAL REFUSAL – 35 USC 112
The claim is AGAIN and FINALLY refused under 35 U.S.C. 112(a) and (b), as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
The claim is indefinite and nonenabling for the following reason(s):
Straps
FIG. 1.1 shows two diagonal straps on the back. In FIG. 1.2, these straps appear to extend out over the back edges which is inconsistent with FIG. 1.7 in which the straps on the back do not extend outside the tent. In FIG. 1.7 an additional strap is shown on the outside of the tent on the front side. The exact placement and number of straps is unknown.
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Bottom
The straps with the circular disc are inconsistent with the bottom view in FIG. 1.2. The straps in FIG. 1.2 are connected directly to the side edges which suggests the bottom view is viewed from the larger curved right side in FIG. 1.3. However, in FIG. 1.7, the circular disc is shown hanging down closer to the center of the front side. Because of the inconsistencies in the placement of the circular disc, it is unclear which side is in fact intended to show the bottom.
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Suggestions
To overcome this refusal, applicant should clarify the scope of the claim. Applicant may choose to reduce the non-enabled features indicated above to broken lines to remove them from the claim.
Applicant is cautioned that the amendment should meet the written description requirement of 35 U.S.C. §112(a) and it must be apparent that he/she was in possession of the amended design at the time of original filing. Adding contour lines to the claimed surfaces may aid in better understanding the drawing disclosure and overcoming this rejection.
If Applicant elects to include broken lines in the reproductions, a statement that explicitly describes their meaning should be added to the specification so that the scope of the claim is clear; i.e., portions of the article, environmental subject matter, a claim boundary, etc. Said statement should be inserted in the specification immediately preceding the claim (see MPEP §1503.02, subsection III.) and it should read as follows:
--The broken lines in the reproductions illustrate portions of the tent that form no part of the claimed design.--
Corrected Reproduction Sheets
Corrected reproduction 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 reproduction sheet should conform to the following guidelines:
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 reproduction should not be labeled as amended.
If a reproduction 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 reproductions for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures.
If all the figures on a reproduction sheet are canceled, a replacement sheet is not required.
A marked-up copy of the reproduction sheet (labeled as "Annotated Sheet") including an annotation showing that all the figures on that reproduction sheet have been canceled must be presented in the amendment or remarks section that explains the change to the reproductions.
Each reproduction 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.
When preparing new or replacement reproductions, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
RESPONSE TO AMENDMENT/REMARKS
Applicant provided 3D models in the response to aid in understanding the details and orientation of the reproductions. However, as these models were not previously provided in an appendix or as supplemental documents, they cannot be used to understand the drawings filed on 08/09/24 as they are not part of the original disclosure. The 3D models appear to show that the tent is hollow in the center however this cannot be understood from the reproductions. Applicant has provided annotated reproductions in the response detailing the orientation however because there are no contour lines on any of the surfaces the exact orientation of the parts of the tent still cannot be understood. If the tent is hollow when viewed from the top and bottom view as suggested in Applicant’s response, then contour lines should be added to the surfaces on the sides so that it can be clearly understood which sides are openings and which are claimed surfaces. See reproduction below for example of surface shading.
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CONCLUSION
The claim stands AGAIN and FINALLY rejected for the reasons set forth above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 extension fee 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.
RESPONDING TO OFFICIAL USPTO CORRESPONDENCE
Reply Reminder - signature required
Applicant is reminded that any reply to this action must be signed either by a patent practitioner (i.e., a patent attorney or agent registered to practice before the United States Patent and Trademark Office) or by the applicant. If the applicant is a juristic entity, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b).
Guidance for Corrected Drawings
Corrected drawing sheets are suggested in reply to this Office action. Any amended replacement drawing sheet should conform to the following guidelines:
Reminder - Requirements for Cancelled/Restricted Figures. To ensure compliance with 37 CFR 1.1026 and Section 405 of the Administrative Instructions, and to maintain consistency with the published International Registration, drawing figures included in the claim should not be renumbered, even if other embodiments are cancelled.
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 cancelled, the appropriate figure must be removed from the replacement sheet and appropriate changes made to the brief description of the several views of the drawings for consistency.
If all the figures on a drawing sheet are cancelled, a replacement sheet is not required. A marked-up copy of the drawing sheet (labeled as “Annotated Sheet”) including an annotation showing that all the figures on that drawing sheet have been cancelled must be presented in the Amendment or Remarks section that explains the change to the drawings.
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.
When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Discussion of the Merits of the Application
All discussions between the applicant and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. See MPEP 713. The examiner will not discuss the merits of the application with applicant’s representative if the representative is not registered to practice before the USPTO. Appointment as applicant’s representative before the International Bureau pursuant to Rule 3 of the Common Regulations under the Hague Agreement does NOT entitle such representative to represent the applicant before the USPTO. Furthermore, an applicant that is a juristic entity must be represented by a patent attorney or agent registered to practice before the USPTO. Additional information regarding interviews is set forth below.
Telephonic or in-person interviews
A telephonic or in person interview may only be conducted with an attorney or agent registered to practice before the USPTO (“registered practitioner”) or with a pro se applicant (an applicant who is the inventor and who is not represented by a registered practitioner).
The registered practitioner may either be of record or not of record. To become “of record”, a power of attorney (POA) in accordance with 37 CFR 1.32 must be filed in the application. Form PTO/AIA /80“Power of Attorney to Prosecute Applications Before the USPTO”, available at https://www.uspto.gov/patent/forms/forms-patent-applications-filed-or-after-september-16-2012, may be used for this purpose. See MPEP 402.02(a) for further information. Interviews may also be conducted with a registered practitioner not of record provided the registered practitioner can show authorization to conduct an interview by completing, signing and filing an “Applicant Initiated Interview Request Form” (PTOL-413A) (available at the USPTO web page indicated above). See MPEP 405.For acceptable ways to submit forms to the USPTO, see “When Responding to Official USPTO Correspondence” below.
If a pro se applicant or registered practitioner located outside of the United States wishes to communicate by telephone, it is suggested that such person email the examiner at riya.kamat@uspto.gov to arrange a time and date for the telephone interview. Please include proposed days and times for the proposed call. When proposing a day/time for the interview, please take into account the examiner’s work schedule indicated in the last paragraph of this communication. The email should also be used to determine who will initiate the telephone call.
Email Communications
The merits of the application will not be discussed via email (or other electronic medium) unless appropriate authorization for internet communication is filed in the application. Form PTO/SB/439 “Authorization for Internet Communications in a Patent Application or Request to Withdraw Authorization for Internet Communications” may be used to provide such authorization and is available at the USPTO web page indicated above. The authorization may not be sent by email to the USPTO. For acceptable ways to submit the authorization form to the USPTO, see below. See MPEP §502.03, subsection II for further information.
Submitting replies to the USPTO
The USPTO transacts business in writing. All replies must be signed in accordance with 37 CFR 1.33(b). Pursuant to 37 CFR 1.33(b)(3), a reply submitted on behalf of a juristic applicant must be signed by an attorney or agent registered to practice before the USPTO. Applicants may submit replies to Office actions only by:
Online via the USPTO's Electronic Filing System‐Web (EFS‐Web) (Registered eFilers only)
https://www.uspto.gov/patents/apply
Mail: Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313‐1450
Facsimile to the USPTO's Official Fax Number (571‐273‐8300)
Hand‐carry to USPTO's Alexandria, Virginia Customer Service Window
For more information, see https://www.uspto.gov/patents/maintain/responding-office-actions
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RIYA SALIL KAMAT whose telephone number is (571)272-8365. The examiner can normally be reached Monday-Friday 8:00-5:00.
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, Jae Liang can be reached at 571-270-0229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.S.K./Examiner, Art Unit 2932
/JAE LIANG/Supervisory Patent Examiner, Art Unit 2932