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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, Claims 1-8 and 18-20 in the reply filed on 10/28/24 is acknowledged.
Claims 9-17 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/28/24.
The Examiner notes that these claims would need to be canceled in order to allow the remaining claims.
Claim Objections
Claim 21 objected to because of the following informalities: the claim needs to end with a period. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22, 23, and 26 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 22, 23, and 26 recite the limitation "The trailer" in line 1. There is insufficient antecedent basis for this limitation in the claims. Claims 22 and 23 should be “The false bulkhead assembly” and Claim 26 should be “The method”.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an
application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed
before the effective filing date of the claimed invention.
Claims 1-4, 6, 7, 18, 19, 21, and 24 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Whitten (US 6,666,498).
In re claim 1, Whitten discloses a false bulkhead assembly for engagement with a vehicle (12), said false bulkhead assembly (10) comprising a frame (20) adapted to be engaged with the vehicle; and a cover (16, 18) operably engaged with the frame (as shown in Figure 1), wherein the cover is made of a flexible and fibrous material (fiberglass or equivalent material, see column 3, lines 58-61); wherein the cover is located a distance away from one of a front bulkhead and a rear bulkhead (rear doors 60) of the vehicle to hide drainaqe of precipitation that travels downwardly between the cover and the one of the front bulkhead and the rear bulkhead of the vehicle. The Examiner notes that hinges 64 do not provide a watertight seal at the top and the gap between upper panels 20 would also allow drainage from the roof of the vehicle such that it is hidden behind the cover.
In re claim 2, Whitten further discloses wherein the frame is removably engaged with the vehicle (via hinges 64).
In re claim 3, Whitten further discloses wherein the cover is selectively positionable outwardly from a wall of the vehicle (as shown between Figures 1 and 2).
In re claim 4, Whitten further discloses wherein the cover is selectively positionable parallel to a wall of the vehicle (as shown in Figure 2).
In re claim 6, Whitten further discloses further comprising: a retaining member (hinges 64) operable to secure the cover to the frame.
In re claim 7, Whitten further discloses further comprising a clip (hinges 64) provided on the frame and operable to secure the frame to a wall of the vehicle. The Examiner notes that, barring more description of the clip, a hinge can be considered a clip since it holds two objects together.
In re claim 18, Whitten discloses a method of concealing a bulkhead of a vehicle, comprising steps of: providing a false bulkhead assembly (10) including a frame (20) and a cover (16, 18), wherein the cover is made of a flexible and fibrous material (fiberglass or equivalent material, see column 3, lines 58-61); engaging the frame with an attachment portion (portion of hinges 64 attached to vehicle) of the vehicle; and hiding a region (rear doors 60) of the vehicle with the cover (as shown in Figure 1), wherein the cover is located a distance away from the region of the vehicle (as shown in Figure 1), by the attachment portion, to hide drainage of precipitation that travels between the cover and the region of the vehicle. The Examiner notes that hinges 64 do not provide a watertight seal at the top and the gap between upper panels 20 would also allow drainage from the roof of the vehicle such that it is hidden behind the cover.
In re claim 19, Whitten further discloses further comprising: engaging a clip (portion of hinges 64 attached to frame) of the frame with the attachment portion of the vehicle; and securing a cover with the frame via a retaining member (pin between hinge portions).
In re claim 21, Whitten discloses a false bulkhead assembly (10) for engagement with a vehicle (12), said false bulkhead assembly comprising: a frame (20) adapted to be engaged with the vehicle; a cover (16, 18) operably engaged with the frame; and a clip (hinges 64) provided on the frame and operable to secure the frame to a wall (60) of the vehicle
In re claim 24, Whitten discloses a method of concealing a bulkhead (60) of a vehicle (12), comprising steps of: providing a false bulkhead assembly (10) including a frame (20) and a cover (16, 18); engaging a clip (portion of hinges 64 attached to frame) of the frame with an attachment portion (portion of hinges 64 attached to vehicle) of the vehicle; securing the cover with the frame via a retaining member (pin between hinge portions); and hiding a region of the vehicle with the cover (as shown in Figure 1).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Whitten in view of Dalrymple (US 2007/0125259).
In re claim 8, Whitten discloses the false bulkhead assembly according to claim 1, but does not disclose graphics provided on the cover. Dalrymple, however, does disclose a tank vehicle having graphics (vinyl decals) provided on the exterior to provide necessary DOT labels (see [0098]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover of Beelman such that it comprised the graphics of Dalrymple on the cover to provide necessary DOT labels.
Allowable Subject Matter
Claim 20 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: The specific limitations of “further comprising: inserting a portion of the cover into a recess defined by the clip of the frame; inserting the retaining member into the recess defined by the clip of the frame; and retaining the portion of the cover, via the retaining member, within the recess of the clip” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose a false bulkhead cover attached in such a manner.
Claims 22-23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: The specific limitations of “wherein the clip further comprises: a support arm extending away from a base wall of the frame; and an attachment arm extending outwardly away from a first end of the support arm, wherein the attachment arm and support arm are moveable between a straight position and a bent position when operably engaging the attachment arm with the attachment portion” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose a false bulkhead cover attached in such a manner.
Claim 25 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: The specific limitations of “wherein the step of providing the false bulkhead assembly including the frame and the cover further comprises: providing a support arm of the clip extending away from a base wall of the frame; and providing an attachment arm of the clip extending outwardly away from a first end of the support arm, wherein the attachment arm and support arm are moveable between a straight position and a bent position when operably engaging the attachment arm with the attachment portion” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose a false bulkhead cover attached in such a manner.
Claim 26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: The specific limitations of “wherein the step of providing the false bulkhead assembly including the frame and the cover further comprises: providing a protrusion of the clip extending away from an opposing second end of the attachment arm, wherein the protrusion is configured to operably engage with the attachment portion” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose a false bulkhead cover attached in such a manner.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached on (571) 272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R STABLEY/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611