Australian Government IP Australia PO Box 200 Woden ACT 2606 AUSTRALIA Tel: 1300 651 010ABN: 38 113 072755 Fax:(02) 6283 7999 International: +612 6283 2999 Telex: COMPAT AA 61517 Official Receipt Attention: Varsity IP Customer ABN: 53734807650 PO Box 391 Customer ID: 5110258434 Varsity Lakes CMR: 40000482 QLD Australia 4227 Date: 09 Nov 2011 NPS Receipt: NPS Batch: SPBI-15541276 Non NPS Receipt: Non NPS Batch: PBR Receipt: ference: MAT484005P Central Office Note: Amounts shown include GST where applicable. Under Division 81 of A New Tax System (Goods and Services Tax) Act 1999, GST is not payable on the purchase of any statutory items from IP Australia.
MEMORANDUM OF RESPONSE Applicant: Mattane Pty Ltd Examiner: David Lee App. No.: AU2011100415 Our Ref: MAT484005P App. Date: 14 April 2011 Title: AWNING AND FRAME ASSEMBLY THERFOR 1 Introduction This is a response to the Examiner's first report dated 24 May 2011 in relation to the above innovation patent application no. AU2011100415. 2 Amendments 2.1 Amendments to the claims Claims 1 to 5 are amended as shown in the attached marked up copy of page 10 in which insertions are showed in underlined text format and deletions are shown in strike-through text format. A clean copy of page 10 is also enclosed. 2.2 Amendments to the body of the specification The body of the specification is amended to bring it into conformity with new Claims 1 to 5 as amended. A marked up copy of the amended pages of the body of the specification are enclosed, as well as a clean copy of amended pages 1 and Ia for substituting page 1, in which insertions are shown in underlined text format and deletions are shown in strike-through text format. 2.3 Basis for substantive amendments Claim 1 is amended to include "...a plurality of elongated support arms, one end of each support arm being pivotally mounted towards an associated end of said main support member and an opposite end of the support arm being free, so that the support arms are displaccable between a folded position in which said support arms extend substantially longitudinally of said main support member and an erected position in which said support arms extend away from the main support member and generally planar with said main support member, the support arms being adapted for supporting cover nmcans." Support for this amendment is found at least on page 9 lines 19 to 21, page 5 lines 16 to 18, and clearly shown in the Figures in the specification as originally filed, and therefore does not introduce new subject matter.
Claim 2: Support for Claim 2 as amended is found at least on page 5 lines 6 to 8, and is clearly shown for example in Figures 8, 9, and 11, in the specification as originally filed, and therefore does not introduce new subject matter. Claim 3: Support for Claim 3 as amended is found at least on page 6 lines 16 to 20, and is clearly shown for example in Figures 7, 8, and 9, in the specification as originally filed, and therefore does not introduce new subject matter. Claim 4: Support for Claim 4 as amended is found at least on page 2 lines 28 to 30, and shown in Figure 5 together with Figure 9, in the specification as originally filed, and therefore does not introduce new subject matter. Claim 5: Claim 5 is an omnibus claim permitted in accordance with Australian patent law and practice. 3 Rejection of the claims 3.2 Rejection on the ground of lack of novelty The examiner cited AU91516/82 (LIFELONG). The examiner has not rejected Claim 1 explicitly on the bases of novelty, however it is submitted that new Claim 1 as amended is novel over LIFELONG. In particular, after careful review of LIFELONG it is submitted that LIFELONG does not disclose "...a plurality of elongated support arms, one end of each support arm being pivotally mounted towards an associated end of said main support member (11) and an opposite end ofthe support arm(31). (35) being free (emphasis added). so that the support arms are displaccable between a folded position in which said support arms extend substantially longitudinally of said main support member and an erected position in which said support arms extend away from the main support member and generally planar (emphasis added) with said main support member, the support arms being adapted for supporting cover means." Actually, LIFELONG discloses a plurality of U-shaped ribs 14 which are pivotally connected to both ends of the supporting rib 14a.
It is therefore respectfully but firmly submitted that the innovation as claimed in new Claim 1 is novel over the disclosure in LIFELONG. Claims 2 to 4 of the present application as amended are directly or indirectly dependent from Claim 1 and therefore includes the subject matter of Claim 1 and more, and thus are also novel in light of LIFELONG. 3.3 Rejection on the ground of lack of innovative step With reference to the recent matter between Dura-Post (Aust.) Pty Ltd and Delnorth Pty Ltd (the Dura-Post case) it was clearly held that: "There is no need to search for some particular advance in the art to be described as an innovative step which governs the consideration of each claim... The phrase 'no substantial contribution to the working of the innovation' involves quite a different kind ofjudgment from that involved in determining whether there is an inventive step. Obviousness does not come into the issue.. .where the point of differentiation [as claimed in the claim and compared with the prior art] does contribute to the working of the innovation, then it is entitled to protection, whether or not (even if), it is obvious...". The assessment of innovative step is a matter of fact. However, the balance of probabilities applies, and "Substantial" in the context of substantial contribution means "real" or "of substance" rather than "more than insubstantial" or "distinctions without a real difference", and the substantial contribution is in relation to the working of the innovation itself and not the contribution that is made to the art. Comparing the innovation as claimed in new Claim 1 with the cited prior art document, and refereeing to the above discussion in relation to novelty, it is clearly shown that LIFELONG does not disclose support arms that are free at one end so that it is pivotally displaceable away from the main support member in a way in which the support arm remains substantially in a horizontal plane when the main support member is in a horizontal attitude. This feature, as claimed in Claim 1, enables the awning frame assembly neatly to be stored in an horizontal attitude, for example on a roof rack of a vehicle, and enables the frame assembly to unfold in a manner in which it forms a generally planar roof-section for the awning that spans an area that is lengthwise longer that the main support member. Further, the innovation as claimed in Claim 1 permits an embodiment of an awning frame assembly that includes a support arm that is pivotally displaceable beyond 180 degrees relative to the main support member further to increase the effective shading area. It follows that without the novel feature, as claimed in new Claim 1, the envisaged applications and advantages of the innovation as described in the specification would not be possible, and therefore contributes directly to the working of the innovation real and in substance. 4 Conclusion Applicant respectfully submits that Claim I as amended, and therefore Claims 2 to 4 that depends from Claim 1, and Claim 5 are in condition for certification, and notification to that effect is earnestly requested. Respectfully Submitted Dated this 9th day of November 2010 FOR Mattane Pty Ltd By Varsity IP Patent and Trademark Attorneys 10 Claims 1. A frame assembly for an awning comprising: 5 an elongated main support member adapted to be supported in a substantially horizontal attitude; and a plurality of elongated support arms-mew-te, one end of each support arm being pivotally mounted towards an associated end of said main support member-&aid and an opposite end of the support arm being free, so that the support arms beinn 10 potally movable relative to said main support memberare displaceable between a folded position in which said support arms extend substantially longitudinally of said main support member and an erected position in which said support arms extend away from the main support member and generally planar with said main support member-and a-wieh-said, the support arms ean-suppebeing adapted for supporting cover means; 15 midpivet-means- mansIT~t~uC. 20 2 A frameassebly as claii whichis pivotally displaceable away and planar with said main support member beyond 180 degrees relative to the main supprt member. 25 An claim 30 adapted for mounting to a roof rack of a vehicle in a manner in which the main seaport member is supported in the substantially horizontal attitude. 4., faeasml scamdi li 3weensi laae ebricue 4. A frame assembly as claimed in an one of the receding claims in which the main spotmmeinldsalesontrcfoorhannel extendling longitudinally 5 thereof for attachment of an edge portion of said cover means. 10 5, A frame assembly substantially herein described an illustrated with reference 15 to Filures 1 to 1t. MAT484004P 1 5 AWNING AND FRAME ASSEMBLY THEREFOR Technical Field This invention relates to an awning and a frame assembly for an awning. The frame assembly and awning are particularly suited for use with vehicles but have other applications for shading or providing weather protection. 10 Background Art Awnings of many different designs are currently available for use in providing shade in many different situations and generally comprise a support frame and a cover material of canvas or similar weatherproof fabric which can be supported by the frame. Commonly awnings are used in connection with buildings to shade particular parts of a building or prevent sun entering windows. 15 Awnings may also be used with building to increase the usability of an outdoor area for example to provide protection from the sun or from adverse weather conditions. The support frames are either of a fixed construction or can be erected from a folded position to an erected or expanded position in which the support frame is either self-supporting or supported by additional frame elements such as upright posts. 20 Awnings are also commonly used with caravans to extend the living area of a caravan. Awnings of this type usually include a collapsible support frame which is mounted to the side of the caravan and which can be extended to one side of the caravan. The cover fabric in this type of awning is often wound about a spring loaded roller and is withdrawn from the roller as the frame is extended. In the erected positions, it is usually necessary to provide upright poles to support the 25 frame. Awnings of this type may also be used on recreational vehicles being mounted directly to the vehicle or via brackets to roof racks for the vehicle. Rollers used in roller-type awnings however tend to be relatively large and thus this type of awning is not suited to all applications. It would be desirable to provide an awning and a frame assembly therefore which is an effective alternative to the prior art and which is particularly but not exclusively suited for use with 30 vehicles to provide shade or a shelter to at least one side of a vehicle. Summary of the Invention The invention provides aflame assembly for an ning comprising: an elongated main support member adapted to be supprted in a substantially horizontal attitude; and 35 a plurality- of elongated supp ort arm s one end of eaha sport attn being pivotailly mounted towards an associated end of said main siotmrbrada st n ftea c tn itin which said support arms extend substantially longitudinally of said main support member and an erected position in which said la 5 support anus extend away from the_main support member and generally planar with. said main support member, the support arms being ted for s rting cover mcans. Th at least one support arm is ivotall displacable awa and planar with said main s ofrt member beyond 180 de trees relative to the main supprt member. 10 Thuntiri to a root rack of a vehicle in a manner in wyhichthemain sport memo ontal attitude. The main support mem iber includes at least one track for or channel extending longitudinally thereof for attachment of an edgeportion of said cover means. The present invention p 15 aspeef also provides a frame assembly for an awning comprising an elongated main support member adapted to be supported in a substantially horizontal attitude, a plurality of support arms mounted to one end of said main support member, said support arms being 143 Varsity Parade Varsity Lakes OLD 4227 Varsity PO Box 391 '' 'otrln ', (Rrdner Varsity Lakes OLD 4227 Patent & Trade Mark Attorneys T: 1300 737 739 F: 07 3319 6086 assist@varsityip-com 9 Nwww.varsityip.corn November 201 ABN 43 212 410 541 The Commissioner of Patents IP Australia PO Box 200 WODEN ACT 2606 Response to Examiner's first report - Innovation Patent No. 2011100415 entitled AWNING AND FRAME ASSEMBLY THERFOR filed in the name of Mattane Pty Ltd 8 September 2011 OUR REF: MAT484005P Dear Sirs, We thank you for the first examiner's report dated 12 May 2011. Please find enclosed: " Memorandum of response; " Marked up copy showing the amendments made to the claims; * Clean copies of the amended claims page (page 10); " Marked up copy showing amendments to the body of the specification; and " Clean copies of the amended pages for the body of the specification (pages 1 and la, for substituting page 1) We look forward to receiving you reply. Yours faithfully, ASHLEY DICKSON Email: ashley@varsitvip.com Web: www.varsitviip.com.
10 Claims 1. A frame assembly for an awning comprising: an elongated main support member adapted to be supported in a substantially S horizontal attitude; and a plurality of elongated support arms, one end of each support arm being pivotally mounted towards an associated end of said main support member and an opposite end of the support arm being free, so that the support arms are displaceable between a folded position in which said support arms extend substantially longitudinally 10 of said main support member and an erected position in which said support arms extend away from the main support member and generally planar with said main support member, the support arms being adapted for supporting cover means. 2. A frame assembly as claimed in claim 1, in which at least one support arm is 15 pivotally displaceable away and planar with said main support member beyond 180 degrees relative to the main support member. 3. A frame assembly as claimed in claim 2, in which the main support member is adapted for mounting to a roof rack of a vehicle in a manner in which the main support 20 member is supported in the substantially horizontal attitude. 4. A frame assembly as claimed in any one of the preceding claims, in which the main support member includes at least one track for or channel extending longitudinally thereof for attachment of an edge portion of said cover means. 25 5. A frame assembly substantially as herein described an illustrated with reference to Figures I to 11.
1 5 AWNING AND FRAME ASSEMBLY THEREFOR Technical Field This invention relates to an awning and a frame assembly for an awning. The frame assembly and awning are particularly suited for use with vehicles but have other applications for shading or providing weather protection. 10 Background Art Awnings of many different designs are currently available for use in providing shade in many different situations and generally comprise a support frame and a cover material of canvas or similar weatherproof fabric which can be supported by the frame. Commonly awnings are used in connection with buildings to shade particular parts of a building or prevent sun entering windows. 15 Awnings may also be used with building to increase the usability of an outdoor area for example to provide protection from the sun or from adverse weather conditions. The support frames are either of a fixed construction or can be erected from a folded position to an erected or expanded position in which the support frame is either self-supporting or supported by additional frame elements such as upright posts. 20 Awnings are also commonly used with caravans to extend the living area of a caravan. Awnings of this type usually include a collapsible support frame which is mounted to the side of the caravan and which can be extended to one side of the caravan. The cover fabric in this type of awning is often wound about a spring loaded roller and is withdrawn from the roller as the frame is extended. In the erected positions, it is usually necessary to provide upright poles to support the 25 frame. Awnings of this type may also be used on recreational vehicles being mounted directly to the vehicle or via brackets to roof racks for the vehicle. Rollers used in roller-type awnings however tend to be relatively large and thus this type of awning is not suited to all applications. It would be desirable to provide an awning and a frame assembly therefore which is an effective alternative to the prior art and which is particularly but not exclusively suited for use with 30 vehicles to provide shade or a shelter to at least one side of a vehicle. Summary of the Invention The invention provides a frame assembly for an awning comprising: an elongated main support member adapted to be supported in a substantially horizontal attitude; and 35 a plurality of elongated support arms, one end of each support ann being pivotally mounted towards an associated end of said main support member and an opposite end of the support arm being free, so that the support arms are displaceable between a folded position in which said support arms extend substantially longitudinally of said main support member and an erected position in which said la 5 support arms extend away from the main support member and generally planar with said main support member, the support arms being adapted for supporting cover means. The at least one support arm is pivotally displaceable away and planar with said main support member beyond 180 degrees relative to the main support member. 10 The main support member is adapted for mounting to a roof rack of a vehicle in a manner in which the main support member is supported in the substantially horizontal attitude. The main support member includes at least one track for or channel extending longitudinally thereof for attachment of an edge portion of said cover means. The invention also provides a frame assembly for an awning comprising an elongated main 15 support member adapted to be supported in a substantially horizontal attitude, a plurality of support arms mounted to one end of said main support member, said support arms being