DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, lines 6-7, “over an vehicle”, should read, “over a vehicle.”
Claim 1, line 18, “said side first”, should read, “said first side.”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Curran (US 2801667 A).
Regarding Claim 1, Curran teaches a vehicle cover (12), comprising: a flexible body (wherein Curran teaches “The covering includes a waterproof, flexible, rectangular body 14 of substantial area”) having a top (1 in Modified Figure 7 below), a first side (2 in Modified Figure 7 below), a second side (3 in Modified Figure 7 below), a front end (4 in Modified Figure 7 below), and a rear end (5 in Modified Figure 7 below); said body (14) having an interior cavity (wherein a cavity is formed when the vehicle is enveloped as seen in Figs. 1-2, 6) defined by an area between said top (1 in Modified Figure 7 below), said first side (2 in Modified Figure 7 below), said second side (3 in Modified Figure 7 below), said front end (4 in Modified Figure 7 below) and said rear end (5 in Modified Figure 7 below), said interior cavity (wherein a cavity is formed when the vehicle is enveloped as seen in Figs. 1-2, 6) positionable over a vehicle; said body having a lower edge (6 in Modified Figure 7 below) extending around said first side (2 in Modified Figure 7 below), said second side (3 in Modified Figure 7 below), said front side (4 in Modified Figure 7 below) and said rear side (5 in Modified Figure 7 below); a first passage (20, 22) formed at or adjacent said lower edge (6 in Modified Figure 7 below) of said body (14) along said front end (4 in Modified Figure 7 below); said first passage (20, 22) having a first elastic (wherein Curran teaches “In this connection, the flexible elements 27, 28, 30 may be formed of an elasticized rope material”) member (27, 30) extending therethrough; a second passage (20, wherein there is a passage on either end) formed at or adjacent said lower edge (6 in Modified Figure 7 below) of said body (14) along said rear end (5 in Modified Figure 7 below); said second passage (20, 22) having a second elastic member ((27, 30) wherein there is an elastic member on either end) extending therethrough; a first mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”) positioned on said first side (2 in Modified Figure 7 below) of said body (14); a second mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”) positioned on said second side (3 in Modified Figure 7 below) of said body (14); a first distal end (32a) of said first elastic member (27, 30) and a first distal end (32a) of said second elastic member (27, 30) both positionable to a first connection with a said first mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”); a second distal end (32a) of said first elastic member and a second distal end (32a) of said second elastic member (27, 30) both positionable to a second connection with a said second mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”); wherein, with said first distal end (32a) of said first elastic member (27, 30) and said first distal end (32a) of said second elastic member (27, 30) in said first connection, and said second distal end (32a) of said first elastic member (27, 30) and said second distal end (32a) of said second elastic member (27, 30) in said second connection, said first elastic member (27, 30) is stretched to impart a first biasing force (wherein Curran teaches “In this connection, the flexible elements 27, 28, 30 may be formed of an elasticized rope material, thus to further aid in the ten sioning of the covering over the vehicle body. . In this connection, the flexible elements 27, 28, 30 may be formed of an elasticized rope material, thus to further aid in the ten sioning of the covering over the vehicle body”) along a length of said first passage (20, 22) in a direction toward said vehicle positioned within said interior cavity (wherein a cavity is formed when the vehicle is enveloped as seen in Figs. 1-2, 6), and said second elastic member (27, 30) is stretched to impart a second biasing force (wherein Curran teaches “In this connection, the flexible elements 27, 28, 30 may be formed of an elasticized rope material, thus to further aid in the ten sioning of the covering over the vehicle body. . In this connection, the flexible elements 27, 28, 30 may be formed of an elasticized rope material, thus to further aid in the ten sioning of the covering over the vehicle body”) along a length of said second passage (20, 22) in a direction toward said vehicle (10) positioned within said interior cavity (wherein a cavity is formed when the vehicle is enveloped as seen in Figs. 1-2, 6). (Figs. 1, 3, 5-7; Col. 2, Lines 8-18; Col. 2, Lines 50-67)
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Regarding Claim 2, Curran teaches said first mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”) being positioned in a central area (as seen in Figures 1, 3, 6-7) of said first side (2 in Modified Figure 7 above); said second mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”) being positioned in a central area (as seen in Figures 1, 3, 6-7) of said second side (3 in Modified Figure 7 above); said first elastic member (27, 30) having a first member extension (32a) portion thereof extending from a first end (26a) of said first passage (20, 22) to said first distal end (32a) thereof; said second elastic member (27, 30) having a first member extension portion (32a) thereof extending from a first end (26a) of said second passage (20, 22) to said first distal end (32a) thereof; said first elastic member (27, 30) having a second member extension portion (32a) thereof extending from a second end (26a) of said first passage (20, 22) to said second distal end (32a) thereof; said second elastic member (27, 30) having a second member extension portion (32a) thereof extending from a second end (26a) of said second passage (20, 22) to said second distal end (32a) thereof; said first member extension portion (32a) of said first elastic member (27, 30) extending at an upward angle thereof (where it is noted that “upward angle” is a relative term, and a portion of the distal end 32a extends at an upward angle to form a knot 32), from said first end of said first passage (20, 22) to said first connection with said first mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”); said first member extension portion (32a) of said second elastic member (27, 30) extending at an upward angle thereof, from said first end (26a) of said second passage (20, 22) to said first connection with said first mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”); said second member extension portion (32a) of said first elastic member (27, 30) extending at an upward angle thereof (where it is noted that “upward angle” is a relative term, and a portion of the distal end 32a extends at an upward angle to form a knot 32), from said second end (26a) of said first passage (20, 22) to said second connection with said second mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”); and said second member extension portion (32a) of said second elastic member (27, 30) extending at an upward angle thereof (where it is noted that “upward angle” is a relative term, and a portion of the distal end 32a extends at an upward angle to form a knot 32), from a second end (26a) of said second passage (20, 22) to said second connection with said second mount (wherein Curran teaches “the projecting parts of the end portions of the side elements 30 are knotted and formed into loops to provide handles 32”). (Figs. 1, 3, 5-7; Col. 2, Lines 8-18; Col. 2, Lines 50-67)
Allowable Subject Matter
Claims 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 3, Curran (US 2801667 A), and further is considered the most relevant prior art of record. The prior art of record does not teach:
Said first mount having a first opening therethrough; said second mount having a second opening therethrough; said first connection of said first member extension of said first elastic member with said first mount being a passage thereof through said first opening; said first connection of said first member extension of said second elastic member with said first mount being a passage thereof through said first opening; said second connection of said second member portion of said first elastic member with said second mount being a passage thereof through said second opening; said second connection of said second member extension of said second elastic member with said second mount being a passage thereof through said second opening; said first member extension of said first elastic member and said first member extension of said second elastic member both being connected to first clip; second member portion of said first elastic member and said second member extension of said second elastic member both being engaged to a second clip; said first clip engageable to a first engagement point on a first side of said vehicle by a stretching of said first member extension of said first elastic member and said first member extension of said second elastic member in a direction away from said first mount and toward said first engagement point; and said second clip engageable to a second engagement point on a second side of said vehicle by a stretching of said second member portion of said first elastic member and said second member extension of said second elastic member in a direction away from said second mount and toward said second engagement point.
Since the prior art of record does not teach either a first or second connection of said first or second member extension of said first or second elastic member with said first or second mount being a passage thereof through said first or second opening, the prior art does not anticipate the claimed subject matter. Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Mott (US 1728437 A), teaches a canvas auto cover cavity.
Chiang (US 5497819 A), teaches a modular car cover.
Elliot (US 2570533 A), teaches a universal automobile cover.
Rowan (US 2243981 A), teaches an automobile cover.
Gaverth (US 2646097 A), teaches an automobile cover.
Herron et al. (US 4938522 A), teaches a protective vehicle cover.
Kamen et al. (US 4612967 A), teaches a car cover.
Celestino et al. (US 5445200 A), teaches a bicycle cover featuring biasing elements in passages.
Rudy’s et al. (US 5845958 A), teaches a vehicle transport cover.
Bryd (US 20050151391 A1), teaches a protective vehicle cover.
Parker (US 20110025089 A1), teaches a vehicle cover restraint system.
Lee Jin Hoan (KR 20150137649 A), teaches a protection cover for vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R CAUDILL whose telephone number is (303)297-4349. The examiner can normally be reached on Monday-Friday 8:30-5:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN FRISTOE can be reached on (571) 272-4926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN CAUDILL/Examiner, Art Unit 3733
/JOHN K FRISTOE JR/Supervisory Patent Examiner, Art Unit 3733