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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “130” has been used to designate connecting braces 1-6. These must have different reference characters in order to more clearly show what defines each slat. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Reference character 120 has improperly been called “longitudinal portions” as well as “slats”. Be consistent thought the specification and claims in your terminology.
Reference character 130 has improperly been called “portions of material” as well as “braces” and “transverse connecting portions”. Be consistent thought the specification and claims in your terminology.
Appropriate correction is required.
Claim Objections
The claims are objected to because of the following informalities:
Claims 10, 27, and 30 all recite “a set of blades, each blade… comprising: a plurality of solid slats…”. Although it is clear what is required, it is recommended to recite “a set of blades comprising: a plurality of solid slats…”, as multiple blades, each one made of multiple slats doesn’t seem to be shown.
Claim 10 recites “a third solid” on line 4, but should recite “a third solid slat”
Claim 15 recites “the direction”, but should recite “a direction”
Claim 16 recites “the opposite short side” on lines 4-5, but should recite an opposite short 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.
Claim(s) 10, 14-16, 19, 21, 27-28, and 30-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grebe (US 2319225).
Regarding claim 10, Grebe teaches affixed sunshade device made of a set of blades, each blade (see claim objection above) being made as a single piece (as seen in fig. 3) comprising:
a plurality of solid slats (the 6s) including a first solid slat (second from the top in fig. 1), a second solid slat (third from the top in fig. 1), and a third solid slat (second from the bottom in figure 1) that are located adjacent one another and parallel to one another, each of said plurality of solid slats comprising:
a body with two ends (left and right) and a surface that is substantially planar, elongated, and having two lengthwise edges including a first lengthwise edge (side in front in fig. 1) at a first side of the body and a second lengthwise edge (side in back in fig. 1) at a second side of the body;
the first lengthwise edge aligns along a single linear lengthwise edge between the two ends of the body (as shown in annotated fig. 1, the first lengthwise edge aligns along the single linear longitudinal lengthwise edge for at least a portion)
connecting braces (the 8s), including a first connecting brace, a second connecting brace, a third connecting brace (first through third are shown in annotated fig. 1), a fourth connecting brace, a fifth connecting brace, and a sixth connecting brace (fourth through sixth are similar to the first through the fourth, but they connect the second and the third slats) connected to the plurality of solid slats for ensuring connection and bracing between said plurality of solid slats, each of the connecting braces comprising a first brace edge (closer side edge) and a second brace edge (farther side edge in fig. 1);
the first connecting brace, the second connecting brace, and the third connecting brace being connected to the first solid slat (annotated fig. 1) and the second solid slat (annotated fig. 1) to connect the first solid slat to the second solid slat to one another;
the fourth connecting brace, the fifth connecting brace, and the sixth connecting brace being connected to the second solid slat (fig. 1) and the third solid slat (annotated fig. 1) to connect the second solid slat to the third solid slat to one another;
wherein the first, the second, and the third connecting braces are located between the two ends of the first solid slat and between the two ends of the second solid slat (fig. 1);
wherein the fourth, the fifth, and the sixth connecting braces are located between the two ends of the second solid slat and between the two ends of the third solid slat (fig. 1); and
wherein each of the first, the second, the third, the fourth, the fifth, and the sixth connecting braces are substantially planar (fig. 1 shows them all individually planar or flat) and are parallel to one another (fig. 1).
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Regarding claim 14, Grebe teaches that the connecting braces are offset from one pair of solid slats to another pair of solid slats (fig. 1 shows that each slat is slightly behind the slat below it, as the connecting braces connect on different sides of the slats. With this, when the slats are oriented to be parallel with the ground, the braces and the recesses that they frame will be offset, or slightly behind, the slat that is below. Even when they are not parallel with the ground, they are still offset from each other).
Regarding claim 15, Grebe teaches that each of the plurality of solid slats (each 6) comprises a succession of elongated planar body surfaces (each slat can be broken into four different quadrilaterals), said planar body surfaces being connected to each other and offset from one another in the direction of their long length (fig. 1).
Regarding claim 16, Grebe teaches that the plurality of solid slats are parallel to each other and offset (fig. 1), and wherein each brace of the connecting braces project from one short side of a planar body surface of one of the plurality of solid slats and connects to an opposite short side of another planar body surface of an adjacent solid slat (as seen in fig. 1).
Regarding claim 19, Grebe teaches that the first longitudinal edge of each solid slat is aligned along the single linear longitudinal edge between the two ends (as shown in annotated fig. 1 above), which defines a first single linear longitudinal edge, and the second longitudinal edge of each solid slat is aligned along a second single linear longitudinal edge between the two ends so that each solid slat has both the first single linear lengthwise edge that is parallel to the second single linear lengthwise edge (annotated fig. 1 above).
Regarding claim 21, Grebe teaches that the second brace edge of each of the first, second , and third connecting braces are aligned along the second linear lengthwise edge of the second solid slat (these second brace edges are considered aligned along this as they travel down the length of this line).
Regarding claim 27, Grebe teaches affixed sunshade device made of a set of blades, each blade (see claim objection above) being made as a single piece (as seen in fig. 3) comprising:
a plurality of solid slats (the 6s) including a first solid slat (second from the top in fig. 1), a second solid slat (third from the top in fig. 1), a third solid slat (second from the bottom in figure 1), and a fourth solid slat (bottom slat) that are located adjacent one another;
wherein each of said solid slats comprises a body with two ends (left and right), a surface that is substantially planar, elongated, and has two lengthwise edges including a first lengthwise edge (side in front in fig. 1) a second lengthwise edge (side in back in fig. 1) that are parallel to one another between the two ends (fig. 1);
connecting braces (the 8s), including a first connecting brace, a second connecting brace, a third connecting brace (ones that connect slats two and three), connected to the plurality of solid slats, each of the connecting braces comprises a first brace edge (farther side edge), a second brace edge (closer side edge in fig. 1), and a planar surface;
wherein the first connecting brace, the second connecting brace, and the third connecting brace are connected to the second solid slat and the third solid slat (fig. 1) at locations between the two ends;
wherein the first brace edge (farther side edge) of the first, the second, and the third connecting braces are aligned to one of the linear lengthwise edges of the second solid slat (similar top annotated fig. 1) and the second brace edge (closer side edge) of the first, the second, and the third connecting braces are aligned to one of the linear lengthwise edges of the third slat at locations between the two ends (fig. 1); and
wherein the planar surfaces of the first and the second connecting braces, which are successively positioned between the second solid slat and the third solid slat, are substantially parallel to one another (fig. 1).
Regarding claim 28, Grebe teaches a fourth connecting brace, a fifth connecting brace, and a sixth connecting brace (between slat three and four), and wherein the fourth, fifth, and sixth connecting braces are aligned to one of the longitudinal edges of the third solid slat and to one of the longitudinal edges of the fourth solid slat (as is shown in fig. 1, similar to annotated fig. 1 above).
Regarding claim 30, Grebe teaches affixed sunshade device made of a set of blades, each blade (see claim objection above) being made as a single piece (as seen in fig. 3) comprising:
a plurality of solid slats (the 6s) including a first solid slat (second from the top in fig. 1), a second solid slat (third from the top in fig. 1), and a third solid slat (second from the bottom in figure 1) that are located adjacent one another and substantially parallel to one another (fig. 1), each of said plurality of solid slats comprising:
a body with two ends (left and right) and a surface that is substantially planar, elongated, and having two lengthwise edges including a first lengthwise edge (side in front in fig. 1) at a first side of the body and a second lengthwise edge (side in back in fig. 1) at a second side of the body;
at least one of the first lengthwise edge and the second lengthwise edge aligns along a single linear lengthwise edge between two ends of the body (as shown in annotated fi. 1 above);
connecting braces (the 8s), including a first connecting brace, a second connecting brace, a third connecting brace (ones that connect slats one and two), a fourth connecting brace, a fifth connecting brace, and a sixth connecting brace (fourth through sixth are similar to the first through the fourth, but they connect the second and the third slats), connected to the plurality of solid slats for ensuring connection and bracing between said plurality of solid slats, each of the connecting braces comprising a first brace edge (closer side edge in fig. 1) and a second brace edge (farther side edge in fig. 1);
the first connecting brace, the second connecting brace, and the third connecting brace being connected to the first solid slat and the second solid slat to connect the first solid slat to the second solid slat to one another (fig. 1);
the fourth connecting brace, the fifth connecting brace, and the sixth connecting brace being connected to the second solid slat and the third solid slat to connect the second solid slat to the third solid slat to one another (fig. 1);
wherein the first, the second, and the third connecting braces are located between the two ends of the first solid slat and between the two ends of the second solid slat (shown in fig. 1);
wherein the fourth, the fifth, and the sixth connecting braces are located between the two ends of the second solid slat and between the two ends of the third solid slat (shown in fig. 1);
wherein each of the first, the second, the third, the fourth, the fifth and the sixth connecting braces comprises a planar surface (all have an individual flat surface);
wherein the planar surfaces of the first, the second, and the third connecting braces are substantially parallel to one another (fig. 1); and wherein the planar surfaces of the fourth, the fifth, and the sixth connecting braces are substantially parallel to one another (fig. 1).
Regarding claim 31, Grebe teaches that the planar surfaces of the first and the fourth connecting braces are substantially parallel to one another (fig. 1).
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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 and/or they are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R SHEPHERD whose telephone number is (571)272-5657. The examiner can normally be reached M-F 8-5 EST.
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/M.S./Examiner, Art Unit 3634
/Johnnie A. Shablack/Primary Examiner, Art Unit 3634