PTOISBI088 (07-05)
`Approved tor use through u1r.r1r2ooe.oMe 0851-0031
`U.S. Patent and Trademark Otitce: U.S. DEPARTMENT OF COMMERCE
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`
`_-
`.
`- u-
`Substitute turtnrm 1449/1-"T0
`
` - rmlessiteontaievalid0MB tmtnurnber. UndertheParwotkRedut1ionActe1195 v- -: »-
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
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`(Use as many sheets as necessary)
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate). title of
`the item (book, magazine. journal. serial. symposium. catalog, etc. ), date, page(s). volume-issue
`
`U.S. Patent Application Serial No. 11/199956 titled "Umbrella Apparatus"
`filed on 08-09-2005
`
`U.S. Patent Application Serial No. 10/829790 titled "Umbrella Apparatus" filed
`on 04-22-2004
`
`U.S. Patent Application Serial No. 10/650537 titled "Umbrella Apparatus"
`filed on 08-28-2003
`
`E
`'
`D
`J_ ///2-?/as
`‘EXAMINER:
`Initial ll reterenoe considered. whether or not citation is in conionnence with MPEP 609. Draw line through citation it not In contomtenee and not
`considered.
`include eooyot this form with next communication to applicant.
`1 Applicants unique citation designation number (optioml). 2 Applicant is to place a check mart: here it English language Translation is attached.
`This collection at information is required by 37 CPR 1.98. The information is required to obtain or retain a benefit by the public which is to tile (and by the USPTO
`to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This oollaraion is estimated to take 2 hours to complete. indudlng
`gathering. preparing. and subrntttirrg the completed application torm to the USPTO. Time will vary depending UBO" "I9 in¢'tVid|J3| fl$8- NW °°"""B|‘“3 0" "16
`amount at time you require to complete this tonn andlor suggestions for reducing this burden. should be sent to the chiral Information Oftioer. u.s. Patent and
`Trademark Office. PO. Box 1450. Alexandria. VA 22313-1450. 00 NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO:
`Commissioner tor Patents. P.
`. Box 1450. Alexandria. VA 22313-1450.
`
`I!you need assistance In completing the form, call 1-800-PTO-9199 (1-B00-786-9199) and select option 2.
`
`YOT-1003-0621
`
`Yotrio Ex. YOT-1003, Page 621
`
`YOT-1003-0621
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`Yotrio Ex. YOT-1003, Page 621
`
`

`
`PTOISBIDEIA (07435)
`Approved lot use through 07l’3ll2006. oma asst-0031
`U.S. Patent and Trademark Office; US DEPARTMENT OF COMMERCE
`Under the Pa ~ rwork Reduction Act of 1995 no -
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`
`Substitute lor torm 1449lPTO
`Complete if Known
`
`
`
`
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(Use as many sheets as necessary]
`
`951000.104
`K
`Gregory G. Kuelbs
`j
`Margaret Wambaeh ‘ u bf
`I.'!II—0444MH-40982-REX
`
`U. S. PATENT DOCUMENTS
`
`
`
`Publication Date
`Name of Patented or
`
`MM-DD-YYYY
`Applicant ol Clted Document
`
`
`
`
`
`
`
`Document Number
`
`
`
`U5‘ 5.299.325
`US-
`US-
`
`10-09-2001
`
`came:
`
`Pages, columns. Lines, Where
`Relevant Passages or Relevant
`Hsumswvear
`
`
`
`US-
`Or Relevant Figures Appear W 9’ Oé
`
`Name oi Patentee or
`Applicant ot Cited Document
`
`Pages. Columns, Lines.
`Where Relevant Passages
`
`P P 60. raw me through citation i not in con ormance and not
`re erence corlsldcred, whether or not citation is in con orrnanoa Wll
`‘EXAMINER: Initial ‘
`considered. Include copy ol this form with next communication to applir;anL ‘Applicants unique citation designation number (optional).
`‘See Kinds Codes of
`USPTO Patent Documents at www.us to
`v or MPEP 901.04,
`’ Enter Office that Issued the document, by the two-letter mde (WIPO Standard STJ). ‘ For
`Japanese patent documents. the Indication ol the year ot the reign of the Emperor must precede the serial number of the patent document.
`’KInd of document by
`"18 appropriate symbols as indicated on the document under wlPO Standard s‘l'.16 ll possible.
`‘Applicant Is to place a check mark here it English language
`Translation ls attached.
`This collection or information is required by 37 CFR 1.97 and 1.98. The lnlonnation is required to obtain or retain a benefit by the public which E to file (end by the
`tJSPTO to process) an application, Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 2 hours to complete,
`including gathering. preparing. and submitting the completed application lorrn to the USPTO. Time will vary depending upon the individual case. Any comments
`on the amount of time you require to complete this lonn encflor suggestions for reducing this burden, should be sent to the Chiol lntormalion Olficer, U.S. Patent
`and Trademark Olfice. PO. Box 1450. Alexandria. VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`TO: commissioner for Patents. F-‘.0. Box 1450, Alexandria. VA 22313-1450.
`If you need assistance in completing the form, call 1-800»PTO—9199 (1-800~786-9199) and select option 2.
`
`
`
`YOT-1003-0622
`
`Yotrio Ex. YOT-1003, Page 622
`
`YOT-1003-0622
`
`Yotrio Ex. YOT-1003, Page 622
`
`

`
`PTOVSBIOBA (07-05)
`Approved 10! usemiougn ormrzous. OMB 0551-0031
`U.S. Patent and Trademark Oifice; U.5. DEPARTMENT OF COMMERCE
`nd to a cnllection oi information unless it contains a valid OMB cnrtlrd number.
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`
`
`:1
`
`
`
`ET
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`
`Substitute lor lorrn 1449IPTO
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`
`
`
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(Use as many shoes as nacesaarfi
`
`
`
`0664MH40982-REX
`PATENT DOCU MENTS
`Pmatimtion Date
`Name at Patentee or
`MM-DD-YYYY
`Applicant of Cited Document
`
`Document Number
`Number-tGnd coue’""""'
`
`--
`Pages. Columns. Lines. Where
`Rdevant Passages or Relevant
`F‘9“'°‘ ””°"
`
`Pages. Columns. Lines.
`Where Relevant Passages
`Or Relevant Figures Appear
`
` // Z‘?/O6
`
`erenoe oonsrere. w at l: or not z‘ n is n can orrnanoe wit P P 509. ravivlinet roug atatronr not in on ormance an
`.
`'
`
`considered. Inotude copy of this form with next communication to applicant. ‘Applicant's unique citation designation number (optional).
`‘See Kinds Codes of
`uspro Patent Documents at www.usmo ggg or MPEP 901.04.
`' Enter Office that issued the dowment. by the two-letter code (wwo Standard 5123). ‘ For
`Japanese patent documents. the indication of the year 01 the reign or the Emperor rnust precede the serial number oi the patent document.
`’Kind at document by
`the appropriate symbols as indicated on the document under WIPO Standard ST.t6 if possible.
`‘Applicant is to place a check mark here it English language
`Translation is attached.
`This oolledion of information is required by 37 CFR 1.97 and 1.98. The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This ootleczion is estimated to take 2 hours to complete.
`induding gathering. preparing. and submitting the completed apuication form to the USMC. Time will vary depending upon the individual case. Any oommems
`on the amount of time you require to complete this form andlor suggestions tor reducing this burden. should be sent to the Chid Information Offitxr. U.S. Patent
`and Trademark Office. P.O. Box 1450, Alexandria. VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`TO: commissioner for Patenu, PO. Box M50, Alexandria. VA 22313-1450.
`If you need assistance in completing the form, call 1-80i.>PTO-9199 (1-800» 7859199) and select option 2.
`
`YOT-1003-0623
`
`Yotrio Ex. YOT-1003, Page 623
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`YOT-1003-0623
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`Yotrio Ex. YOT-1003, Page 623
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`

`
`Notic of Referenc s Cited Examiner
`
`Application/Control No.
`
`95/000.104
`
`Applicant(s)/Patent Under
`Reexamination
`6612713
`Art Unit
`
`U.S. PATENT DOCUMENTS
`
`
`
`
`
`
`
`
`
`Document Number
`
`Date
`
`
`.
`
`.
`
`Us-6v°58~951
`Us-6-182,917
`Us-$911,493
`US-5,611,614
`
`Us-5-053-931
`cccccccc‘.”‘.”‘.”‘.”‘.”‘.”‘.”‘.”
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`C0‘-'“"Y
`
`JP9168415
`
`06-1997
`
`FOREIGN PATENT DOCUMENTS
`
`A458 3/04
`
`
`
`
`
`
`NON-PATENT DOCUMENTS
`
`‘A copy of this reference is not being furnished with this Office action, (See MPEP § 707.05(a).)
`Dates in MM»YYYY formal are publication dates. Classifications may be US or foreign.
`U.S Patent and Trademark Office
`PTO—892 (Rev. 01-2001)
`
`Notice of References Cited
`
`-
`
`Part of Paper No. 20061025
`YOT-1003-0624
`
`Yotrio Ex. YOT-1003, Page 624
`
`YOT-1003-0624
`
`Yotrio Ex. YOT-1003, Page 624
`
`

`
`Applicant(s)IPatent under
`
`Reexamination
`5612713
`
`
`
`Mararet Rubin
`
`3992
`
`Applicationlcontrol No.
`
`95/000,104
`
`
`
`3 3'9" N0‘ 5
`
`
`
`SEARCHED
`ate
`Subclass
`D
`
`Examiner
`
`SEARCH NOTES
`(INCLUDING SEARCH STRATEGY)
`
`11/29/2005
`
`US. Patent Documents related to
`2005/0072451-A1 were reviewed and
`citations within such documents were
`also retrieved.
`
`11,29/2006
`
`INTERFERENCE SEARCHED
`
`Examiner
`
`US. Patent and Trademark Office
`
`Part of Paper No. 20061025
`YOT-1003-0625
`
`Yotrio Ex. YOT-1003, Page 625
`
`YOT-1003-0625
`
`Yotrio Ex. YOT-1003, Page 625
`
`

`
`Applicationicontrol No.
`
`AppIicant[s)IPatent Under
`Re xamination
`6612713
`95/000,104
`Certificate Number
`Certificate Date
`
`
`
`
`
`Reexamination
`
`
`
`
`
`
`
`R quester
`
`Correspond nce Address:
`
`Robert E. Richards, Esq.
`Kilpatrick Stockton LLP
`1100 Peachtree Street, Suite 2800
`
`I] Patent Owner
`
`Third Party
`
`Atlanta, Georgia 30309
`
`LITIGATION REVIEW E
`
`(examiner initials)
`Case Name
`
`MR
`
`11/29/os
`(date)
`Director Initials
`
`|
`
`World Factory Inc v. Southern Sales and Marketing Group Inc
`U.S. District Court — Texas Northern (Fort Worth)
`4:05cv373
`
`
`
`World Factory Inc v. Bond Manufacturing Co
`U.S. District Court — Texas Northern (Fort Worth)
`4:05cv374
`
`COPENDING OFFICE PROCEEDINGS
`
`TYPE OF PROCEEDING
`
`1
`
`NUMBER
`
`
`
`U.S. Patent and Trademark Office
`
`D00 CODE RXFILJKT
`
`YOT-1003-0626
`
`Yotrio Ex. YOT-1003, Page 626
`
`YOT-1003-0626
`
`Yotrio Ex. YOT-1003, Page 626
`
`

`
`United States Patent and Trademark Office
`— Sales Receipt
`-
`
`02/09/2007 MTWITTY
`
`00000001 95000104
`
`01 FC:1821
`
`200.00 OP
`
`YOT-1003-0627
`
`Yotrio Ex. YOT-1003, Page 627
`
`YOT-1003-0627
`
`Yotrio Ex. YOT-1003, Page 627
`
`

`
`United States Patent and Trademark Office
`- Sales Receipt
`4
`
`02/09/2007 MTWITTY
`
`00000001 95000104
`
`01 FC:1B21
`
`200.00 OP
`
`YOT-1003-0628
`
`Yotrio Ex. YOT-1003, Page 628
`
`YOT-1003-0628
`
`Yotrio Ex. YOT-1003, Page 628
`
`

`
`\
`
`IN THE UNITED STATES PATENT ANUZ TRADEMARK OFFICE
`
`66548US.PTO
`
`02/07/07
`
`Attorney Docket NO. 0564MH-40982-REX
`
`Examiner: MARGARET WAMBACH
`
`Art Unit: 3992
`
`§ § § § § § § § §
`
`§ §
`
`In re Reexamination of:
`
`GREGORY G. KUELBS
`Control No. 95/000,104
`
`Patent No. 6,612,713
`
`Issued: 2 SEPTEMBER 2003
`
`For: UMBRELLA APPARATUS
`
`TRANSMITTAL
`
`MAIL STOP: INTER PARTES REEXAM
`Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria. Virginia 22313-1450
`
`Sir:
`
`Please file the following documents in the subject reexamination application:
`
`1.
`
`This Transmittal with Certificate of Mailing;
`Response to Office Action in Inter Partes Reexamination;
`
`CERTIFICATE OF EXPRESS MAIL "1. ’"
`UNDER 37 C.F.R. ~
`.
`
`I g "
`
`Transmittal
`U.S. Reexamination Control No. 95/000,104
`Page 1
`
`YOT-1003-0629
`
`Yotrio Ex. YOT—1003, Page 629
`
`YOT-1003-0629
`
`Yotrio Ex. YOT-1003, Page 629
`
`

`
`:“‘.‘-°
`
`5.
`
`A Second Declaration Under 37 C.F.R. § 1.131, including Exhibits A-V;
`A completed Credit Card Payment Form, Form PTO-2038, authorizing the
`Commissioner to charge $200.00 to cover the $200.00 fee for two additional
`independent claims in excess of three, to a designated credit card; and
`Our return postcard which we would appreciate you date stamping and
`returning to us.
`
`Please link this reexamination application to Customer Nos. 50779 and 38441
`so that its status may be checked via the PAIR System.
`
`Respectfully submitted,
`
`-2zf[o7
`
`Date
`
`' 5. afk
`es E. Walton
`J
`Reg. No. 47,245
`
`Law Offices of James E. Walton, P.L.L.C.
`' 1169 N. Burleson Blvd., Suite 107-328
`Burleson, Texas 76028
`(817) 447-9955 (Voice)
`(817) 447-9954 (Facsimile)
`jim@waltonpllc.com
`
`CUSTOMER NOS. 50779 and 38441
`
`ATTORNEYS FOR PATENT OWNER
`
`Transmittal
`U.S. Reexamination Control No. 95/000,104
`Page 2
`
`YOT-1003-0630
`
`Yotrio Ex. YOT-1003, Page 630
`
`YOT-1003-0630
`
`Yotrio Ex. YOT-1003, Page 630
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Reexamination of:
`GREGORY G. KUELBS
`Control No. 95/000,104
`Patent No. 6,612,713
`Issued: 2 SEPTEMBER 2003
`For: UMBRELLA APPARATUS
`
`§
`E
`3
`g
`g
`E
`
`Attorney Docket No. 0664MH-40982-REX
`
`Examiner: MARGARET WAMBACH
`
`Art Unit: 3992
`
`RESPONSE TO
`OFFICE ACTION IN INTER PARES REEXAMINATION
`
`:~«i"7"
`
`
`
`T OWNER PAPER I
`PO
`
`
`
`
`A
`
`MAIL STOP: INTER PARTES REEXAM
`Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, Virginia 22313-1450
`Sir:
`
`This Response to Office Action in Inter Partes Reexamination is being filed in
`response to the Office Action in Inter Partes Reexamination that was mailed to the
`undersigned on 5 December 2006.
`
`CERTIFICATE OF EXPRESS MAIL
`UNDER 37 C.F.R. § 1.8(a
`
`
`
`415102
`Date of Deposit:
`I hereby certify that this paper or fee is being deposited with the United States Postal
`Service as First Class Mail with sufficient postage under 37 C.F.R. §1.8(a) on the date
`
`indicated above and is addressed to Mail Stop:
`Inter Partes Reexam, Central
`Reexamination Unit, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia
`22313-1450.
`
`
`
`By:
`
`Response to Office Action
`U,S, Reexamination Control No. 95/000,104
`Page 1
`
`YO-I-_1003_0631
`
`Yotrio Ex. YOT-1003, Page 631
`
`YOT-1003-0631
`
`Yotrio Ex. YOT-1003, Page 631
`
`

`
`PRIOR OR CONCURRENT PROCEEDINGS:
`
`the Patent Owner previously notified the
`to 37 C.F.R. § 1.985,
`Pursuant
`Examiner of the following litigation proceedings that involved the subject patent:
`
`1.
`Civil Action No. 4:05-CV-00373, World Factory, Inc. v. Southern Sales &
`Marketing Group,
`lno., United States District Court for the Northern District of Texas,
`Fort Worth Division.
`
`2.
`Civil Action No.
`4:05-CV-374-A, World Factory,
`Inc.
`v.. Bond
`Manufacturing C0,, United States District Court for the Northern District of Texas, Fort
`Worth Division.
`
`The following changes have taken place in the foregoing litigation proceedings:
`
`1.
`Civil Action No. 4:05-CV-00373, World Factory, Inc. v. Southern Sales &
`Marketing Group, Inc., United States District Court for the Northern District of Texas,
`Fort Worth Division, was dismissed without prejudice on 9 January 2006.
`
`v. Bond
`Inc.
`4:05-CV-374-A, World Factory,
`Civil Action No.
`2.
`Manufacturing C0,, United States District Court for the Northern District of Texas, Fort
`Worth Division, was dismissed without prejudice on 21 November 2005.
`
`The Patent Owner is not aware of any other litigation proceedings involving the
`subject patent.
`
`Response to Office Action
`us. Reexamination Control No. 95/000,104
`Page 2
`
`_
`Y°T'1°°3 0632
`
`Yotrio Ex. YOT-1003, Page 632
`
`YOT-1003-0632
`
`Yotrio Ex. YOT-1003, Page 632
`
`

`
`IN THE CLAIMS:
`
`The Patent Owner submits that the following amendments add no new matter to
`the application and do not broaden the scope of the application.
`
`Statements of support for each claim amendment are set forth below.
`
`Please amend the claims as follows:
`
`1.
`
`(Amended) An umbrella apparatus comprising:
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion, the canopy portion having
`a plurality of rib members;
`
`a rechargeable electrical power system for providing electrical power to the
`umbrella apparatus;
`
`a solar energy system carried by a module coupled to [carried by] the pole
`portion above the canopy portion, the solar energy system being adapted to collect
`solar energy and convert the solar energy into electrical energy,
`the solar energy
`system being conductively coupled to the rechargeable electrical power system, such
`that the solar energy collected and converted into electrical energy recharges the
`rechargeable electrical power system, the module being releasably coupled to the pole
`portion; and
`
`the lighting system being
`a lighting system carried by the canopy portion,
`conductively coupled to and powered by the rechargeable electrical power system, the
`lighting system having multiple discrete lighting elements positioned along at least one
`of the rib members
`
`[an electrical charging system for recharging the rechargeable electrical power
`system, the electrical charging system being adapted to receive power from an AC
`power outlet].
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 3
`
`YoT-1003-0633
`
`Yotrio Ex. YOT-1003, Page 633
`
`YOT-1003-0633
`
`Yotrio Ex. YOT-1003, Page 633
`
`

`
`2.
`
`(Amended) An umbrella apparatus comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a power module carried by the pole portion above the canopy portion, the power
`module having an upper portion and a lower portion;
`
`a rechargeable electrical power system for providing electrical power to the
`umbrella apparatus, the rechargeable electrical power system being disposed in the
`lower portion of the power module;
`
`a solar energy system carried by the [pole portion above the canopy portion]
`upper portion of the power module, the solar energy system being adapted to collect
`solar energy and convert the solar energy into electrical energy,
`the solar energy
`system being conductively coupled to the rechargeable electrical power system, such
`that the solar energy collected and converted into electrical energy recharges the
`rechargeable electrical power system; and
`
`the lighting system being
`a lighting system carried by the canopy portion,
`conductively coupled to and powered by the rechargeable electrical power system.
`
`(Amended - Confirmed) [The] fig umbrella apparatus [according to claim 2,]
`3.
`comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a rechargeable electrical power system for providing electrical power to the
`umbrella apparatus;
`
`a solar energy system carried by the pole portion above the canopy portion, the
`solar energy system being adapted to collect solar energy and convert the solar energy
`into electrical energy,
`the solar energy system being conductively coupled to the
`rechargeable electrical power system, such that
`the solar energy collected and
`converted into electrical energy recharges the rechargeable electrical power system;
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 4
`
`Yo-I-_1003_o634
`
`Yotrio Ex. YOT-1003, Page 634
`
`YOT-1003-0634
`
`Yotrio Ex. YOT-1003, Page 634
`
`

`
`a_n_<!
`
`the lighting system being
`a lighting system carried by the canopy portion,
`conductively coupled to and powered by the rechargeable electrical power system;
`wherein the lighting system comprises:
`
`a plurality of rib members coupled to the canopy portion;
`
`and
`
`a plurality of cold cathode tube elements carried by the rib members, each
`cold cathode tube element being conductively coupled to and powered by the
`rechargeable electrical power source.
`
`(Original) The umbrella apparatus according to claim 2, wherein the lighting
`4.
`system comprises:
`
`a plurality of rib members coupled to the canopy portion; and
`
`a plurality of light emitting diode elements carried by the rib members, each light
`emitting diode element being conductively coupled to and powered by the rechargeable
`electrical power source.
`
`(Original) The umbrella apparatus according to claim 2, wherein the lighting
`5.
`system comprises:
`
`a plurality of rib members coupled to the canopy portion; and
`
`light elements carried by the rib members, each
`a plurality of fluorescent
`fluorescent
`light element being conductively coupled to and powered by the
`rechargeable electrical power source.
`
`6.
`
`(Amended) An umbrella apparatus comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a rechargeable electrical power system for providing electrical power to the
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 5
`
`YO-I-_10o3_o635
`
`Yotrio Ex. YOT-1003, Page 635
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`YOT-1003-0635
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`Yotrio Ex. YOT-1003, Page 635
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`umbrella apparatus;
`
`a solar energy system carried by a discus-shaped power unit, the power unit
`pgipg carried by the pole portion above the canopy portion, the solar energy system
`being adapted to collect solar energy and convert the solar energy into electrical
`energy,
`the solar energy system being conductively coupled to the rechargeable
`electrical power system, such that
`the solar energy collected and converted into
`
`electrical energy recharges the rechargeable electrical power system; and
`
`an electromechanical opening and closing system for opening and closing the
`canopy portion, the electromechanical opening and closing system being conductively
`coupled to and powered by the rechargeable electrical power system.
`
`according to
`apparatus
`umbrella
`(Original) The
`7.
`electromechanical opening and closing system comprises:
`
`claim 6, wherein the
`
`an electric motor carried by the pole portion; a control system for controlling the
`electric motor; a gear system coupled to the electric motor; and
`
`a cable and pulley system coupled to the gear system and the canopy portion;
`wherein the opening and closing of the canopy portion is achieved by the electric motor
`in response to selective operation of the control system.
`
`(Amended - Confirmed) [The] 31 umbrella apparatus [according to claim 7,]
`8.
`comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a rechargeable electrical power system for providing electrical power to the
`umbrella apparatus;
`
`a solar energy system carried by the pole portion above the canopy portion; the
`solar energy system being adapted to collect solar energy and convert the solar energy
`into electrical energy,
`the solar energy system being conductively coupled to the
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 6
`
`YO-I-_1003_0636
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`Yotrio Ex. YOT-1003, Page 636
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`YOT-1003-0636
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`Yotrio Ex. YOT-1003, Page 636
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`

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`the solar energy collected and
`rechargeable electrical power system; such that
`converted into electrical energy recharges the rechargeable electrical power system;
`lg
`.
`
`an electromechanical opening and closing system for opening and closing the
`canopy portion, the electromechanical opening and closing system being conductively
`coupled to and powered by the rechargeable electrical power system;
`wherein the electromechanical opening and closing system comprises:
`an electric motor carried by the pole portion;
`
`a control system for controlling the electric motor;
`
`a gear system coupled to the electric motor; and
`a cable and pulley system coupled to the gear system and the canopy
`
`portion;
`
`wherein the opening and closing of the canopy portion is achieved by the
`electric motor in response to selective operation of the control system; and
`wherein the control system comprises:
`
`a receiver conductively coupled to the electric motor;
`
`and
`
`a remote transmitter for transmitting an encoded signal to the receiver;
`
`a decoder conductively coupled to the receiver for decoding the encoded
`signal from the transmitter.
`
`9.
`
`(Amended) An umbrella apparatus comprising:
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion, the canopy portion having
`a plurality of rib members;
`
`a rechargeable electrical power system for providing electrical power to the
`umbrella apparatus;
`
`a solar energy system carried by the pole portion above the canopy portion, the
`solar energy system being adapted to collect solar energy and convert the solar energy
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 7
`
`YOT-1003-0637
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`Yotrio Ex. YOT-1003, Page 637
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`YOT-1003-0637
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`Yotrio Ex. YOT-1003, Page 637
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`

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`into electrical energy,
`
`the solar energy system being conductively coupled to the
`
`rechargeable electrical power system, such that
`
`the solar energy collected and
`
`converted into electrical energy recharges the rechargeable electrical power system;
`and
`
`the cooling system being
`a cooling system carried by the canopy portion,
`conductively coupled to and powered by the rechargeable electrical power system, the
`
`cooling system comprising;
`
`a fluid reservoir operably associated with the umbrella apparatus;
`
`at least one mist nozzle [coupled to the canopy portion] carried by a rib
`
`member, each mist nozzle being in fluid communication with the fluid;
`
`a conduit creating fluid communication between the fluid reservoir and
`
`each mist nozzle; and
`
`a pump for pumping the fluid from the reservoir through each mist nozzle.
`
`10.
`
`(Confirmed) An umbrella apparatus comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a rechargeable electrical power system for providing electrical power to the
`umbrella apparatus;
`
`a solar energy system carried by the pole portion above the canopy portion, the
`solar energy system being adapted to collect solar energy and convert the solar energy
`into electrical energy,
`the solar energy system being conductively coupled to the
`rechargeable electrical power system, such that
`the solar energy collected and
`
`converted into electrical energy recharges the rechargeable electrical power system;
`and
`
`a combination of two or more of the following modular systems:
`
`a lighting system carried by the canopy portion;
`
`an electromechanical opening and closing system for opening and closing
`the canopy portion; or
`
`Response to Oftice Action
`U.S. Reexamination Control No. 95/000,104
`Page 8
`
`YOT-1003-0638
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`Yotrio Ex. YOT-1003, Page 638
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`YOT-1003-0638
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`Yotrio Ex. YOT-1003, Page 638
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`

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`a cooling system;
`
`wherein each modular system is configured to be interchanged with each other,
`each modular system being conductively coupled to and powered by the rechargeable
`electrical power system.
`
`(Confirmed) The umbrella apparatus according to claim 10, wherein the lighting
`11.
`system comprises:
`
`a plurality of rib members coupled to the canopy portion; and
`
`a plurality of cold cathode tube elements carried by the rib members, each cold
`cathode tube element being conductively coupled to and powered by the rechargeable
`electrical power source.
`
`(Confirmed) The umbrella apparatus according to claim 10, wherein the lighting
`12.
`system comprises:
`
`a plurality of rib members coupled to the canopy portion; and
`
`a plurality of light emitting diode elements carried by the rib members, each light
`emitting diode element being conductively coupled to and powered by the rechargeable
`electrical power source.
`
`(Confirmed) The umbrella apparatus according to claim 10, wherein the cooling
`13.
`system comprises:
`
`a fluid reservoir operably associated with the umbrella apparatus;
`at least one mist nozzle coupled to the canopy portion, each mist nozzle being in
`fluid communication with the fluid;
`
`a conduit creating fluid communication between the fluid reservoir and each mist
`nozzle; and
`
`a pump for pumping the fluid from the reservoir through each mist nozzle.
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 9
`
`YO.|._1003_0639
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`Yotrio Ex. YOT-1003, Page 639
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`YOT-1003-0639
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`Yotrio Ex. YOT-1003, Page 639
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`

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`14.
`
`(Confirmed) The umbrella apparatus according to claim 10, wherein the
`
`electromechanical opening and closing system comprises:
`
`an electric motor carried by the pole portion; a control system for controlling the
`
`electric motor;
`
`a gear system coupled to the electric motor; and
`
`a cable and pulley system coupled to the gear system and the canopy portion;
`
`wherein the opening and closing of the canopy portion is achieved by the electric
`
`motor in response to selective operation of the control system.
`
`Claims 15-44.
`
`(Previously Cancelled).
`
`45.
`
`(Amended) A patio umbrella apparatus, comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a power unit coupled to the pole portion above the canopy portion;
`
`a rechargeable electrical power system for providing electrical power to the
`
`umbrella apparatus, the rechargeable electrical power system being carried by a bottom
`
`portion of the power unit;
`
`a solar energy system [carried by the pole portion above the canopy portion, the
`
`solar energy system being] adapted to collect solar energy and convert the solar energy
`
`into electrical energy,
`
`the solar energy system being conductively coupled to the
`
`rechargeable electrical power system, such that
`
`the solar energy collected and
`
`converted into electrical energy recharges the rechargeable electrical power system;
`
`the solar energy system being carried by a top portion of the power unit; and
`
`an electrical charging system for recharging the rechargeable electrical power
`
`system, the electrical charging system being adapted to receive power from an AC
`
`power outlet[;
`
`Response to Office Action
`U.$. Reexamination Control No. 95/000,104
`Page 10
`
`YOT-1003-0640
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`Yotrio Ex. YOT-1003, Page 640
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`YOT-1003-0640
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`Yotrio Ex. YOT-1003, Page 640
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`

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`wherein the rechargeable electrical power system and the solar energy system
`
`are disposed in a common housing].
`
`46.
`
`(Amended) [A] E patio umbrella apparatus[, comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion;
`
`a rechargeable electrical power system for providing electrical power to the
`
`umbrella apparatus;
`
`a solar energy system carried by the pole portion above the canopy portion, the
`
`solar energy system being adapted to collect solar energy and convert the solar energy
`
`into electrical energy,
`
`the solar energy system being conductively coupled to the
`
`rechargeable electrical power system, such that
`
`the solar energy collected and
`
`converted into electrical energy recharges the rechargeable electrical power system;
`and
`
`an electrical charging system for recharging the rechargeable electrical power
`
`system, the electrical charging system being adapted to receive power from an AC
`
`power outlet;
`
`wherein the rechargeable electrical power system and the solar energy system
`
`are disposed in a common housing carried by the pole portion above the canopy
`
`portion] according to claim 45, wherein the power unit is releasably coupled to the pole
`
`portion.
`
`47.
`
`(Amended) A patio umbrella apparatus, comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion, the canopy portion being
`
`operable between an [open] gpegfl position and a closed position;
`
`a power unit coupled to the pole portion above the canopy portion;
`
`Response to Office Action
`U.S. Reexamination Control No. 95/000,104
`Page 11
`
`YOT-1003-0641
`
`Yotrio Ex. YOT-1003, Page 641
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`YOT-1003-0641
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`Yotrio Ex. YOT-1003, Page 641
`
`

`
`a rechargeable electrical power system for providing electrical power to the
`
`umbrella apparatus, the rechargeable electrical power system being carried by a bottom
`
`portion of the power unit; 1
`
`a solar energy system [carried by the pole portion above the canopy portion, the
`
`solar energy system being] adapted to collect solar energy and convert the solar energy
`
`the solar energy system being conductively coupled to the
`into electrical energy,
`rechargeable electrical power system, such that
`the solar energy collected and
`
`converted into electrical energy recharges the rechargeable electrical power system,
`
`the solar energy system being carried by a top portion of the power unit; [and
`
`an electrical charging system for recharging the rechargeable electrical power
`
`system, the electrical charging system being adapted to receive power from an AC
`
`power outlet];
`
`wherein the [rechargeable electrical power system and the solar energy system
`are disposed in a common housing] power unit is carried by the pole portion such that
`
`the [housing] solar energy system is fixed relative to the pole portion when the canopy
`
`is operated between the opened position and the closed position.
`
`48.
`
`(Amended) A patio umbrella apparatus, comprising:
`
`a base support portion;
`
`a pole portion coupled to the base support portion;
`
`a canopy portion hingedly coupled to the pole portion, the canopy portion hflipg
`
`a plurality of rib members and being operable between an [open] _qpgr_1_eg position and a
`
`closed position;
`
`a rechargeable electrical power system for providing electrical power to the
`
`umbrella apparatus;
`
`a solar energy system carried by the pole portion above the canopy portion, the
`
`solar energy system being adapted to collect solar energy and convert the solar energy
`
`into