`
`Kumar Maheshwari (SBN 245,010)
`Mahesh Law Group, PC
`7700 Irvine Center Drive, Suite 800
`Irvine, CA 92618
`Phone: (530) 400-9246
`Fax: (949) 377-3836
`Email: kumar@maheshlaw.com
`
`J. Curtis Edmondson (SBN 236,105)
`Edmondson IP Law
`Venture Commerce Center
`3699 NE John Olsen Ave.
`Hillsboro, OR 97124
`Phone: (503) 336-3769
`Fax: (503) 214-8470
`E-mail: jcedmondson@edmolaw.com
`
`Attorney for Plaintiff Caravan Canopy Int’l, Inc.
`
`
`IN THE UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA—SOUTHERN DIVISION
`
`CARAVAN CANOPY INT’L, INC.,
`Plaintiff,
`
`v.
`COSTCO WHOLESALE
`CORPORATION, LOWE’S HOME
`CENTERS, LLC, Z-SHADE CO.
`LTD., WALMART INC.,
`SHELTERLOGIC CORP., et al.,
`
` Defendants.
`
`
`Case No. 8:19-cv-01072-AG-ADS
`Case No. 5:19-cv-01224-AG-ADS
`Case No. 2:19-cv-06224-AG-ADS
`Case No. 2:19-cv-06952-AG-ADS
`Case No. 2:19-cv-06978-AG-ADS
`
`PLAINTIFF’S PATENT
`DISCLOSURES
`
`
`
`
`
`
`
`Pursuant to this Court’s Standing Patent Rules (“SPR”), Plaintiff provides
`the following disclosures to Defendants.
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 1 of 162
`
`

`

`SPR 2.1 Disclosure of Asserted Claims and Infringement Contentions
`Per SPR 2.1.1, Plaintiff states that each of the following claims of the
`patent-in-suit—U.S. Patent No. 5,944,040 (“the ‘040 patent”)—is allegedly
`infringed by each Defendant (including for each claim the applicable statutory
`subsections of 35 U.S.C. § 271 asserted):
`Defendant Costco: Claims 1-3, all under 35 U.S.C. § 271(a)
`Defendant Lowe’s: Claims 1-3, all under 35 U.S.C. § 271(a)
`Defendant Z-Shade: Claims 1-3, all under 35 U.S.C. § 271(a)
`Defendant Walmart: Claims 1-3, all under 35 U.S.C. § 271(a)
`Defendant ShelterLogic: Claims 1-3, all under 35 U.S.C. § 271(a)
`Per SPR 2.1.2, Plaintiff identifies the following Accused Instrumentality
`for each asserted claim and Defendant:
`Defendant Costco: ProShade Canopy, for each asserted claim
`Defendant Lowe’s: Garden Treasure for each asserted claim
`Defendant Z-Shade: Quest Shelter model, for each asserted claim
`Defendant Walmart: Ozark Trail, for each asserted claim
`Defendant ShelterLogic: Quick Shade, for each asserted claim
`Per SPR 2.1.3, attached hereto as Exhibits A-B (for Walmart and
`ShelterLogic; other defendants have been served with their respective
`infringement contentions) are charts “identifying specifically where each
`limitation of each asserted claim is found within each Accused Instrumentality,
`including, for each limitation that such party contends is governed by 35 U.S.C.
`§ 112(6)/(f), the identity of the structure(s), act(s), or material(s) in the Accused
`Instrumentality that performs the claimed function, and whether each limitation
`of each asserted claim is alleged to be literally present or present under the
`doctrine of equivalents.”
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 2 of 162
`
`

`

`Per SPR 2.1.4, Plaintiff states that the priority date allegedly applicable to
`each asserted claim is May 23, 1997, from the foreign filing of the Republic of
`Korea.
`Per SPR 2.1.5, Plaintiff wishes to preserve the right to rely, for any
`purpose, on the assertion that its own apparatus, product, device, process,
`method, act, or other instrumentality practices the claimed invention; therefore,
`Plaintiff identifies as follows, separately for each asserted claim, each such
`apparatus, product, device, process, method, act, or other instrumentality that
`incorporates or reflects that particular claim: Caravan makes and sells the V-
`Series Pro 10 ft. x 10 ft. canopy which is marked by the ‘040 patent and practices
`the asserted patent and all the claims therein.
`Per SPR 2.1.6, Plaintiff states as follows the present basis (prior to any
`discovery) for its allegation of willful infringement: Plaintiff’s products were in
`the marketplace and have been marked with the patents. Plaintiff has had sales
`discussions with one or more of the Defendants while demonstrating the
`products.
`
`SPR 2.2 Document Production Accompanying Disclosure
`Plaintiff has or will promptly produce or make available for inspection and
`photocopying the items described as follows in S.P.R. 2.2.1 through 2.2.3, as
`follows (identifying the documents corresponding to each category by production
`number):
`SPR 2.2.1 A copy of the file history for each patent in suit (see Exhibit C).
`SPR 2.2.2 All documents evidencing ownership of the patent rights by the
`party asserting patent infringement (see Exhibit D).
`SPR 2.2.3 If a party identifies instrumentalities under SPR 2.1.5,
`documents sufficient to show the operation of any aspects or elements of such
`instrumentalities the patent claimant relies upon as embodying any asserted
`claims (see Exhibits E).
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 3 of 162
`
`

`

`SPR 2.3 Early Meeting of the Parties
`Counsel for Plaintiff and Defendants have or will promptly exchange Fed.
`R. Civ. P. 26(a)(1)(A) initial disclosures and meet in person or telephonically to
`prepare for the scheduling conference and prepare the joint Fed. R. Civ. P. 26(f)
`report.
`
`SPR 3.1 Exchange of Proposed Terms for Construction
`Plaintiff provides as follows its “list of claim terms the party contends
`should be construed by the Court, and identify any claim term the party contends
`should be governed by 35 U.S.C. § 112(6)/(f):” (1) “center pole,” and (2)
`“collapsible at the hinge joint in accordance with a sliding motion of said slider
`along the side pole.” The parties shall then work to limit the terms in dispute by
`narrowing or resolving differences, and to jointly identify the 10 terms likely to
`be most significant to the case.
`SPR 3.2 Exchange of Claim Constructions and Extrinsic Evidence
`Plaintiff provides as follows its “proposed constructions of each term
`identified by either party for claim construction:”1 See Exhibit F (Plaintiff
`proposes the prior constructions adopted by the court in Int’l E-Z-Up, Inc. v.
`Caravan Canopy Int’l, Inc., Case 2:01-cv-06530-SVW-AJWX (April 16, 2002)).
`
`
`1 Each such construction shall also, for each term that any party contends is governed by 35
`U.S.C. § 112(6)/(f), identify the structure(s), act(s), or material(s) corresponding to that term’s
`function. At the same time the parties exchange their constructions, each party shall also
`identify all references from the specification or prosecution history that support its proposed
`construction and designate any supporting extrinsic evidence including, without limitation,
`dictionary definitions, citations to learned treatises and prior art, and testimony of percipient
`and expert witnesses. Extrinsic evidence shall be identified by production number and by
`producing a copy if not previously produced. For any supporting witness, percipient or expert,
`the identifying party shall also provide a declaration containing that witness’ testimony
`regarding claim construction. The parties shall then meet and confer to narrow the issues and
`finalize preparation of a Joint Claim Construction and Prehearing Statement.
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 4 of 162
`
`

`

`DATED: December 10, 2019
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`Mahesh Law Group, PC
`
`By: /s/ Kumar Maheshwari
`Kumar Maheshwari
`Attorney for Plaintiff
`Caravan Canopy Int’l, Inc.
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 5 of 162
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
` I
`
` hereby certify that on December 10, 2019, I served the foregoing
`document via email pursuant to Fed. R. Civ. P. 5(b)(2)(E) on counsel for
`Defendant.
`
`
`
`
`/s/ Kumar Maheshwari
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 6 of 162
`
`

`

`Claim Chart for Walmart, Ozark Trail Canopy U.S. Patent No. 5,944,040
`The claim chart beginning on page 2 compares independent claim 1 and dependent claims 2 and 3 of
`U.S. Patent No. 5,944,040 to the Walmart, Ozark Trail cathedral style frame.
`The claim chart describes how the limitations are found in the accused product including annotated photographs.
`As discussed below, The Walmart Ozark Trail Canopy likely infringes on all claims.
`
`Dated: December 9, 2019
`
`Respectfully Submitted,
`Mahesh Law Group, PC
`
`By: s/Kumar Maheshwari/
`Kumar Maheshwari
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 7 of 162
`
`

`

`
`
`
`
`
`
`CLAIM TERM:
`
`DESCRIPTION:
`
`1. A collapsible tent frame, comprising:
`
`The preamble of a collapsible tent frame is presumably not limiting.
`Below is an image for convenient comparison showing the
`collapsible tent frame.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 8 of 162
`
`

`

`a center pole constructed for stretching and
`sustaining a tent's roof when a tent is pitched
`with the tent frame;
`
`This product satisfies the claim limitation because it includes a
`center pole for supporting a pitched tent’s roof.
`
`Center Pole for stretching and sustaining a tent's roof
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 9 of 162
`
`

`

`a plurality of side poles coupled to each other
`through a plurality of scissor-type ribs, with
`upper ends of said ribs being hinged to
`connectors provided at top ends of said side
`poles and lower ends of said ribs being
`hinged to sliders movably fitted over said
`side poles; and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`This product satisfies the claim limitations because it includes
`multiple side poles connected by scissor-type ribs. The upper
`ends of the ribs are hinged to connectors at top ends of the side
`poles, and lower ends hinged to sliders movably along the side
`poles.
`
`Scissor-Type
`Ribs
`
`
`
`Side Poles
`
`Connectors
`
`
`
`Sliders
`
`Hinge on
`Connectors
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 10 of 162
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`plurality of center pole ribs coupling said
`center pole to said connectors of the side
`poles,
`
`This product satisfies these claim limitations because it
`contains multiple center pole ribs connected to the center pole
`and to the connectors of the side poles.
`
`Connectors
`
`Center Pole
`
`
`
`Center Pole
`Ribs
`
`Side Pole
`Connector
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 11 of 162
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said center pole ribs individually comprising
`two rib members coupled to each other
`through a hinge joint
`
`The product satisfies this claim limitation because it has two
`individual rib members connected with a hinge.
`
`Rib two
`
`
`
`Rib one
`
`Hinge
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 12 of 162
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`and being hinged to the slider of an
`associated side pole through a support link,
`thus being collapsible at the hinge joint in
`accordance with a sliding motion of said
`slider along the side pole.
`
`The product satisfies these claim limitations because the two rib
`members are hinged to a slider of an associated side pole by a
`support link, and collapsible at the hinge joint by sliding the
`slider along the side pole.
`
`Support Link
`
`
`
`Hinge
`
`Rib Members
`
`Slider
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 13 of 162
`
`

`

`
`
`
`
`
`
`
`2. A collapsible tent frame according to
`claim 1,
`
`wherein said rib members of the center pole
`ribs have a substantially equal length.
`
`
`
`
`
`The preamble of a collapsible tent frame is presumably not limiting.
`
`The product satisfies this claim limitation because the two
`independent center pole rib members are about the same in
`length.
`
`Rib Members
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 14 of 162
`
`

`

`3. A collapsible tent frame according to
`claim 2,
`
`further comprising a claw member disposed
`at a lower end of each side pole.
`
`
`
`
`
`
`
`
`The preamble of a pull pin assembly is presumably not limiting.
`
`The product satisfies this claim limitation because the lower end of
`each side pole has a claw member.
`
`Claw Member
`
`
`
`
`
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 15 of 162
`
`

`

`
`
`Claim Chart for ShelterLogic
`U.S. Patent No. 5,944,040
`The preliminary claim chart beginning on page 2 compares independent claim 1 and dependent claims 2 and 3 of
`U.S. Patent No. 5,944,040 to the ShelterLogic’s Quick Shade cathedral style frame.
`
`
`The claim chart refers to tent purchased from seller. As discussed below, the Quick Shade frame infringes on all
`claims.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: December 10, 2019
`
`
`
`
`Respectfully Submitted,
`Mahesh Law Group, PC
`
`s/Kumar Maheshwari/
`By: Kumar Maheshwari
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 16 of 162
`
`

`

`CLAIM TERM
`
`1. A collapsible
`tent frame,
`comprising:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DESCRIPTION
`
`
`The preamble of a collapsible tent frame is presumably not limiting. Below is an image for
`convenient comparison showing the collapsible tent.
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 17 of 162
`
`

`

`
`This product satisfies the claim limitations because it includes a center pole for supporting a
`pitched tent's roof.
`
`
`
`Center Pole
`
`
`
`
` a
`
` center pole
`constructed for
`stretching and
`sustaining a tent's
`roof when a tent
`is pitched with
`the tent frame;
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 18 of 162
`
`

`

`
`This product satisfies the claim limitations because it includes multiple side poles connected
`through scissor-type ribs. The upper ends of the ribs are hinged to connectors at top ends of
`the side poles, and lower ends hinged to sliders movably fitted over the side poles.
`
`Hinge on
`
`Connectors
`
`Side Poles
`
`Connectors
`
`Scissor-Type
`Ribs
`
`Sliders
`
`
`
`
`
`
` a
`
` plurality of side
`poles coupled to
`each other
`through a
`plurality of
`scissor-type ribs,
`with upper ends
`of said ribs being
`hinged to
`connectors
`provided at top
`ends of said side
`poles and lower
`ends of said ribs
`being hinged to
`sliders movably
`fitted over said
`side poles; and
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 19 of 162
`
`

`

`—
`
`\,
`
`Scissor-Type
`4] Ribs
`Ribs
`
`y
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 20 of 162
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 20 of 162
`
`

`

`
`plurality of center
`pole ribs coupling
`said center pole
`to said connectors
`of the side poles,
`
`
`
`This product satisfies these claim limitations because it contains multiple center pole ribs
`connected to the center pole and to the connectors of the side poles.
`
`
`
`
`Center Pole
`
`Connector
`
`Center Pole
`Ribs
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 21 of 162
`
`

`

`a
`
`Connector
`
`Connector
`
`A
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 22 of 162
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 22 of 162
`
`

`

`
`said center pole
`ribs individually
`comprising two
`rib members
`coupled to each
`other through a
`hinge joint
`
`
`
`The product satisfies this claim limitation because it has two individual rib members
`connected with a hinge.
`
`
`
`
`
`
`
`Rib two
`
`Rib one
`
`Rib two
`
`Hinge
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 23 of 162
`
`

`

`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 24 of 162
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 24 of 162
`
`

`

`
`and being hinged
`to the slider of an
`associated side
`pole through a
`support link, thus
`being collapsible
`at the hinge joint
`in accordance
`with a sliding
`motion of said
`slider along the
`side pole.
`
`
`
`The product satisfies these claim limitations because the two rib members are hinged to a
`slider of an associated side pole through a support link, and thus collapsible at the hinge joint
`by sliding the slider along the side pole.
`
`Rib Members
`
`Hinge
`
`Support Link
`
`Slider
`
`
`
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 25 of 162
`
`

`

`
`
`Hinge
`
`Rib Members
`
`Rib Members
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 26 of 162
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 26 of 162
`
`

`

`
`The preamble of a collapsible tent frame is presumably not limiting.
`
`
`2. A collapsible
`tent frame
`according to
`claim 1,
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 27 of 162
`
`

`

`
`wherein said rib
`members of the
`center pole ribs
`have a
`substantially
`equal length.
`
`
`
`The product satisfies this claim limitation because the two independent center pole rib
`members are about the same in length.
`
`
`
`
`Rib Members
`
`
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 28 of 162
`
`

`

`The preamble of a pull pin assembly is presumably not limiting.
`
`
`The product satisfies this claim limitation because the lower end of each side pole has a claw
`member.
`
`3. A collapsible
`tent frame
`according to
`claim 2,
`
`
`further
`comprising a
`claw member
`disposed at a
`lower end of each
`side pole.
`
`
`Claw Member
`
`
`
`
`
`\
`
`
`
`
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 29 of 162
`
`

`

`ESPECIALLY PREPARED FOR
`
`LATHAM & WATKINS
`
`YOUR DOCKET NUMBER
`
`036579-0000
`
`FILE YOU HAVE REQUESTED,
`
`5944040
`
`TITLE
`
`COLLAPSIBLE TENT FRAME
`
`THANK YOU FOR YOUR 0
`
`1 ER!
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 30 of 162
`
`

`

`ISSUE CLASSIFICATION
`
`,
`
`fA
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`SO
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`SCANNED
`
`
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`SUBCLASS
`
`/S6
`
`PATENT NUMBER
`
`5944040
`
`I I II 11 11 11NIII
`
`5944040
`
`U.S. UTILITY PATENT APPLICATION
`PATENT DATE
`0.I.P.E.
`4cA,40
`..a) 3 1 1333.
`
`O.A.
`
`ART UNIT
`
`3 6 i: ,
`
`EXAMINER
`
`--L),
`
`., ..:
`
`FILED WITH:
`
`J FICHE
`DISK (CRF) J
`(Attached in pocket on right inside flap)
`
`PREPARED AND APPROVED FOR ISSUE
`
`ORIGINAL
`
`ISSUING CLASSIFICATION
`CROSS REFERENCE(S)
`
`CLASS
`
`SUBCLASS
`
`CLASS
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`INTERNATIONAL CLASSIFICATION
`
`410
`
`q Continued on Issue Slip Inside File Jacket
`
`ni TERMINAL
`I DISCLAIMER
`I
`
`(date)
`
`0 a) The term of this patent
`subsequent to
`has been disclaimed.
`CI b) The term of this patent shall
`not extend beyond the expiration date
`of U.S Patent. No.
`
`CI c) The terminal
`months of
`this patent have been disclaimed.
`
`DRAWINGS
`
`CLAIMS ALLOWED
`
`Sheets Drwg.
`
`Figs. Drwg.
`4
`L DORSEY
`MST EXAMINER
`(Assistant Exam
`
`Print Fig.
`
`3
`x//'1/91
`
`(Date)
`
`Total Claims
`
`5
`
`Print Claim for 0.G.
`
`/
`
`NOTICE OF ALLOWANCE MAILED
`
`4/ — 7
`
`;
`
`f7
`
`. Friedman
`Supervisory Patent Examiner
`Group 3600
`
`(Primary Examiner)
`
`j____, , ,
`Ake
`(Legal Instruments Examiner)
`
`V
`
`ate)
`
`1
`7 12g/e
`
`(Date)
`
`ISSUE FEE [--)1)
`
`Amount Due
`
`toota5-, as
`
`Date Paid
`
`,,-,/vo,
`, I
`
`ISSUE BATCH NUMBER
`,
`5 --Z7
`
`WARNING:
`The Information disclosed herein may be re Meted. Unauthorized disclo.sure may be prohibited by the United States Code Title 35, Sections 122, 181 and 368.
`Possession outside the U.S. Patent & Trademark Office is restricted to authorized employees and contractors only.
`
`Form PTO.436A
`(Rev. 10/97)
`
`(LABEL AREA)
`
`E FEE
`
`FILE
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 31 of 162
`
`

`

`JC542 U.S. PTO
`09/082;{2
`
`
`
`111111111M11111/111191111111111.
`
`1. Oplicayon QektZe_s2.)
`
`•
`
`papers.
`
`PATENT APPLICATIr
`11
`11 1
`09082482
`
`CONTENTS
`Date received
`(Incl. C. of M.)
`or
`Date Mailed
`
`42..
`
`43.
`
`44.
`
`45.
`
`46.
`
`.2- I
`
`(
`
`g. t
`
`,l) // fa
`t normal Drawings CI:S*4
`
`4
`
`47.
`f g 48.
`-ii
`49.
`
`INITIALS
`1JUN 0 2 9 8 2 6.
`
`Date received
`(Ina C. of M.)
`or
`Date Mailed
`
`9.
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`11.
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`81.
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`Petitioner Walmart Inc.
`Exhibit 1021 - Page 32 of 162
`
`

`

`.....
`
`aao
`A CH NOTES
`(INCLUDING SEARCH STRATEGY)
`
`i vi (Ke cav),
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`
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`
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`
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`INTERFERENCE SEARCHED
`Class
`Sub.
`Date
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`/30
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 33 of 162
`
`

`

`ISt_ SLIP STAPLE AREA (for additional Cr;
`
`;ferences)
`
`POSITION
`
`,
`
`INITIALS
`
`ID NO.
`
`. 72_1, DATE
`
`C
`
`7
`
`FEE DETERMINATION
`0.I.P.E. CLASSIFIER
`FORMALITY REVIEW
`
`/A
`
`QW,
`INDEX OF CLAIMS
`
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`
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`
`
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`
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`
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`
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`
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`
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`staple additional sheet here
`
`Date
`
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`
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`
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`146
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`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 34 of 162
`
`

`

`United States Patent [19]
`Jang
`
`[54] COLLAPSIBLE TENT FRAME
`
`[76]
`
`Inventor: Jung-Woo Jang, 53-28 Gamsam Doug
`Dalseo-Ku, Daegu, Rep. of Korea
`
`[21]
`
`Appl. No.: 09/082,482
`
`[22]
`
`Filed:
`
`May 21, 1998
`
`Foreign Application Priority Data
`[30]
`May 23, 1997 [KR] Rep. of Korea
`
` 97-11752
`
`[51] Int. CI .6
`[52] U.S. Cl.
`
`[58] Field of Search
`
` E04H 15/26
` 135/126; 135/128; 135/130;
`135/131
` 52/79.5; 135/126,
`135/128, 131, 130, 97
`
`[56]
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`4/1928 Snider
`1,666,757
`2/1987 Lynch
`4,641,676
`4,779,635 10/1988 Lynch
`4,947,884
`8/1990 Lynch
`5,275,188 1/1994 Tsai
`5,421,356
`6/1995 Lynch
`
` 135/97
` 135/110
` 135/97
` 135/97
` 135/97
` 135/145
`
`
`
`II I 11111111111111111111111111111110 II
`
`US005944040A
`[11] Patent Number:
`[45] Date of Patent:
`
`5,944,040
`Aug. 31, 1999
`
`6/1997 Owin
`5,634,483
`5,701,923 12/1997 Losi, Jr. et al.
`5,794,640
`8/1998 fang
`Primary Examiner—Carl D. Friedman
`Assistant Examiner—Dennis L. Dorsey
`Attorney, Agent, or Firm—Griffin, Butler, Whisenhunt &
`Szipl, LLP
`[57]
`
` 135/131
` 135/131
` 135/131
`
`ABSTRACT
`
`A collapsible tent frame is disclosed. The tent frame has a
`center pole used for stretching and sustaining a tent's roof
`when pitching a tent. A plurality of side poles are coupled to
`each other through a plurality of scissor-type ribs, with
`upper ends of the ribs being hinged to connectors provided
`at top ends of the side poles and lower ends of the ribs being
`hinged to sliders movably fitted over the side poles. The
`center pole is coupled to the connectors of the side poles
`through a plurality of center pole ribs. The above center pole
`ribs individually consist of two rib members, which are
`coupled to each other through a hinge joint. Each of the
`center pole ribs is also hinged to the slider of an associated
`side pole through a support link, thus being collapsible at the
`hinge joint in accordance with a sliding motion of the slider
`along the side pole.
`
`3 Claims, 4 Drawing Sheets
`
`60
`
`70
`
`10
`
`7n
`30a Jli
`
`50
`
`N„."Siti ilk. N
`
`30
`
`30a
`
`40
`
`20a
`
`20
`
`10a
`
`30
`
`10a
`
`20
`
`10
`
`11111
`
`60
`70
`
`10 i
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 35 of 162
`
`

`

`U.S. Patent
`
`Aug. 31, 1999
`
`Sheet 1 of 4
`
`5,944,040
`
`ammo..
`
`1•2111•11.
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 36 of 162
`
`

`

`U.S. Patent
`
`Aug. 31, 1999
`
`Sheet 2 of 4
`
`5,944,040
`
`5
`
`3
`
`2
`
`FIG.2
`PRIOR ART
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 37 of 162
`
`

`

`U.S. Patent
`
`Aug. 31, 1999
`
`Sheet 3 of 4
`
`5,944,040
`
` La
`
`0
`
`co
`
`O
`141
`
`____..._,......
`
`_.:..............=_._
`co rc!
`‘ 0o -
`111
`
`0C
`
`o
`
`Cc)
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 38 of 162
`
`

`

`1
`COLLAPSIBLE TENT FRAME
`
`5,944,040
`
`BACKGROUND OF THE INVENTION
`
`1. Field of the Invention
`The present invention relates, in general, to collapsible
`tent frames capable of making, pitching or striking a tent
`easily and quickly when necessary and, more particularly, to
`a collapsible tent frame suitable for giving an enlarged and
`heightened interior space to users when pitching a tent.
`2. Description of the Prior Art
`As well known to those skilled in the art, a tent is a
`collapsible shelter of canvas or other material stretched over
`and sustained by a frame and is used for camping outdoors
`or as a temporary structure. It is preferable for such a tent to
`be easily and quickly pitched or struck when necessary, so
`a frame for such tents is preferably designed for being
`collapsible. Examples of typical collapsible tent frames are
`referred to U.S. Pat. Nos. 4,641,676 (issued on Feb. 10,
`1987), 4,779,635 (issued on Oct. 25, 1988), 4,947,884
`(issued on Sep. 14, 1990), 5,275,188 (issued on Jan. 4, 1994)
`and 5,421,356 (issued on Jan. 6, 1995).
`The above U.S. patents individually disclose a collapsible
`tent frame which comprises a plurality of side pole ribs 2,
`with each pair of ribs 2 being coupled to each other at the
`center of them into a scissor assembly as shown in FIG. 1.
`The scissor assemblies of the side pole ribs 2 are also
`coupled to each other at joints 2a and are connected to four
`side poles 1 at their outside ends.
`In such a case, the outside upper end of each scissor
`assembly of the ribs 2 is hinged to the top end of a side pole
`1, while the outside lower end of each scissor assembly is
`hinged to a slider 7 movably fitted over the side pole 1.
`Therefore, when a user moves the four side poles 1 to the
`center of the tent frame, the sliders 7 move down on the side
`poles 1 respectively, thus folding the scissor assemblies of
`the ribs 2 at the joints 2a and collapsing the tent frame.
`The above tent frame also comprises a plurality of center
`pole ribs 3, with each pair of ribs 3 being coupled to each
`other at the center of them into a scissor assembly. Each
`scissor assembly of the above ribs 3 is hinged to the joints
`2a of the side pole ribs 2 at the outside ends and are hinged
`to a center pole 6 at the inside ends. In such a case, the inside
`lower end of each scissor assembly of the ribs 3 is hinged to
`a connector 4 provided on the lower end of the center pole
`6, while the inside upper end of each scissor assembly is
`hinged to a slide guider 5 into which the center pole 6 is
`movably fitted. Therefore, when the four side poles 1 are
`moved to the center of the tent frame, the center pole 6
`moves down in the slide guider 5, thus folding the scissor
`assemblies of the center pole ribs 3 and collapsing the tent
`frame.
`However, the above collapsible tent frame has the fol-
`lowing problem. That is, in the above tent frame, the center
`pole ribs 3 are coupled to the joints 2a of the side pole ribs
`2. Therefore, when pitching a tent, the center pole ribs 3 are
`positioned across the upper portion of the interior space as
`shown in FIG. 2, thus limiting the height of the interior
`space.
`It is thus necessary for a user to be careful lest one bumps
`one's head against the center pole ribs 3 or the connector 4
`while going out of, coming into or standing in the tent.
`Therefore, the above tent frame is inconvenient to users.
`In addition, the center pole 6 comprises the connector 4
`and the slide guider 5, thus having a complex construction
`and increasing the production cost of the tent frame. Another
`
`2
`problem of the above collapsible tent frame resides in that it
`is too heavy for a user to easily handle or move the frame.
`
`SUMMARY OF THE INVENTION
`
`5
`
`Accordingly, the present invention has been made keep-
`ing in mind the above problems occurring in the prior art,
`and an object of the present invention is to provide a
`collapsible tent frame, of which the center pole is coupled to
`the side poles, thus giving an enlarged and heightened
`10 interior space to users when pitching a tent and allowing a
`user to easily handle the frame when pitching or striking the
`tent.
`In order to accomplish the above object, the present
`15 invention provides a collapsible tent frame, comprising: a
`center pole used for stretching and sustaining a tent's roof
`when pitching a tent; a plurality of side poles coupled to
`each other through a plurality of scissor-type ribs, with
`upper ends of the ribs being hinged to connectors provided
`at top ends of the side poles and lower ends of the ribs being
`
`hinged to sliders movably fitted over the side poles; and a
`plurality of center pole ribs coupling the center pole to the
`connectors of the side poles, the center pole ribs individually
`comprising two rib members coupled to each other through
`a hinge joint and being hinged to the slider of an associated
`
`side pole through a support link, thus being collapsible at the
`hinge joint in accordance with a sliding motion of the slider
`along the side pole.
`
`20
`
`25
`
`35
`
`30
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`The above and other objects, features and other advan-
`tages of the present invention will be more clearly under-
`stood from the following detailed description taken in con-
`junction with the accompanying drawings, in which:
`FIG. 1 is a perspective view showing the construction of
`a typical collapsible tent frame;
`FIG. 2 is a sectional view of a tent with the typical
`collapsible tent frame when the tent is completely pitched;
`FIG. 3 is a perspective view showing the construction of
`40 a collapsible tent frame in accordance with the preferred
`embodiment of the present invention; and
`FIG. 4 is a sectional view of a tent with the collapsible tent
`frame of this invention when the tent is completely pitched.
`
`45
`
`DESCRIPTION OF THE PREFERRED
`EMBODIMENTS
`FIG. 3 is a perspective view showing the construction of
`a collapsible tent frame in accordance with the preferred
`50 embodiment of this invention. FIG. 4 is a sectional view of
`a tent with the collapsible tent frame of this invention when
`the tent is completely pitched.
`As shown in the drawings, the tent frame of this invention
`comprises a plurality of side pole connection beams 20, with
`55 each pair of ribs 20 being coupled to each other at the center
`of them into a scissor assembly. The scissor assemblies of
`the side pole ribs 20 are also coupled to each other at joints
`20a and are connected to four side poles 10 at their outside
`ends. In such a case, the outside upper end of each scissor
`60 assembly of the ribs 20 is hinged to a connector 60 provided
`at the top end of each side pole 10, while the outside lower
`end of each scissor assembly is hinged to a slider 70
`movably fitted over the side pole 10.
`The four side poles 10 are individually coupled to a center
`65 pole 50, having a simple construction, through a center pole
`rib 30. The center pole ribs 30 indivicivally comprise two do
`members, which have the same construction and are coupled
`
`Petitioner Walmart Inc.
`Exhibit 1021 - Page 39 of 162
`
`

`

`5,944,040
`
`3
`to each other through a hinge joint 30a. The above center
`pole ribs 30 are also coupled to the sliders 70 through
`support links 40 at the outside rib members, respectively.
`Therefore, the collapsible tent frame of this invention is
`easily and quickly stretchable or collapsible, thus allowing
`a user to easily and quickly pitch or strike a tent.
`Each of the side poles 10 is provided with a claw 10a at
`the lower end, thus being stably held on the ground. The
`sliders 70 are designed for being slidable along the side
`poles 10 in opposite directions.
`The operational effect of the above collapsible tent frame
`will be described hereinbelow.
`The above tent frame is integrated with a canvas or other
`material, thus forming a tent.
`When it is necessary to pitch the tent, the four side poles
`10 are pushed outwardly at the same time, thus stretching the
`tent frame. When the side poles 10 are pushed outwardly as
`described above, the sliders 70 move upward along the side
`poles 10 while stretching the two types of ribs 20 and 30.
`Therefore, the tent frame stretches and sustains the canvas or
`other material and pitches the tent.
`In such a case, the center pole ribs 30 are fully stretched
`by the support links 40, which connect the ribs 30 to the
`sliders 70, with the hinge joints 30a of the ribs 30 being
`moved upwardly. Therefore, the center pole 50 moves
`upwardly and sustains the center of the roof while stretching
`the roof as shown in FIG. 4.
`Whe