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 .
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.
Claim Interpretation
The phrase of “an air duct opening” is understood as being directed to and further reciting the purpose or intended use of the claimed invention which does not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the claimed invention, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02 and § 2112 - § 2112.02.
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.
Claim(s) 1-2, 11-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang et al (US 4905089; hereinafter Liang).
As regarding claim 1, Liang discloses the claimed invention for an air duct opening cover assembly mountable on an air duct opening formed in a structure, the air duct opening cover assembly comprising: a generally rigid, cover body (col 1 ln 45-47 and col 2 ln 48-51), the cover body positionable relative to an air duct opening formed in a structure such that the cover body extends over and across the air duct opening; and a retainer system connectable to the cover body and extendable over and outward of the cover body to a periphery of the cover body, the retainer system comprising at least one fastener configured to connect to the structure at said periphery of the cover body; wherein the air duct opening cover assembly is configured to adopt an assembled configuration in which the cover body is positioned over and across the air duct opening, and the retainer system is connected to the cover body and extended over and outward of the cover body to said periphery of the cover body, with the at least one fastener connected to the structure, the retainer system maintaining the cover assembly in place relative to the air duct opening: and further wherein each fastener of the at least one fastener comprises an attachment member, the attachment member elongately formed and securable to the cover body at a respective first point of the cover body arranged in spaced-apart relationship with an outer edge of the cover body, said attachment member extendable over the cover body from said first point to the outer edge of the cover body, wherein a portion of said attachment member is extendable outward of the cover body to said periphery of the cover body and carries a connector (annotated fig. 2) configured to connect with the structure, and further wherein the connector is selectively securable to said portion of the attachment member at different longitudinal positions along the attachment member to adjust a distance between the connector and the first point (annotated fig. 1; col 3 ln 6-14).
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As regarding claim 2, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein the cover body comprises at least one opening (col 1 ln 45-47) for the passing of air therethrough.
As regarding claim 11, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein a first end portion of the attachment member comprises at least one protruding tab (44) configured to engage with a tab-receiving opening (indentations 26 as ‘position opening’) formed in the cover body at said respective first point.
As regarding claim 12, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein said at least one protruding tab comprises two or more protruding tabs (spherical beads 44) selectively connectable to said tab-receiving opening.
As regarding claim 13, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein said attachment member comprises a flat side (annotated fig. 2) configured to flatly rest on an outer surface of the cover body in the assembled configuration.
As regarding claim 14, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein the connector is disconnectably attachable to said portion of the attachment member (annotated fig. 2).
As regarding claim 16, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein said portion of the attachment member comprises two or more tabs configured to selectively fasten to a tab-receiving opening formed in the connector (annotated figs. 1-2).
As regarding claim 17, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein the connector comprises an elastic, retainer clip (col 2 ln 68 – col 3 ln 5).
As regarding claim 18, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein the retainer clip comprises an angled arm (annotated fig. 2), a lower clip member extending from the angled arm, a connecting member extending from the lower clip member and an upper clip member extending from the connecting member, wherein the lower and upper clip members define a gap therebetween configured to receive the structure (The bottom portion of the opening in pad 36, where mounting bar 34 is attached, serves as the lower clip member, while the top portion serves as the upper clip member. The gap between them forms the opening in the pad 36 for securing the mounting bar).
Claims 19-20 are likewise rejected for reasons analogous to those set forth for claim1 above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (US 4905089; hereinafter Liang).
As regarding claim 3, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention except for wherein the cover body comprises a grid, and the at least one opening comprises a plurality of openings defined by said grid. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the cover body comprises a grid, and the at least one opening comprises a plurality of openings defined by said grid in order to enhance structural support, improve durability, ensure uniform flow distribution, provide protection during handling, and maintain shape retention, since it was known in the art as shown in Attermeyer (US 5476526; grid 14 of figs. 1-5). Both Liang and Attermeyer are directed to filter screen.
As regarding claim 4, Liang as modified discloses all of limitations as set forth above. Liang as modified discloses the claimed invention for wherein the cover body comprises a peripheral frame (Attermeyer - 12) and a plurality of internal cross-members extending from the peripheral frame, the peripheral frame and plurality of internal cross-members (Attermeyer – 42, 44) forming said grid and defining the plurality of openings.
As regarding claim 5, Liang as modified discloses all of limitations as set forth above. Liang as modified discloses the claimed invention for wherein a second end portion of the attachment member opposite to the first end portion is extendable outward of the cover body to said periphery of the cover body and carries the connector (annotated figs. 1-2 above).
Liang fails to explicitly disclose wherein the attachment member has a first end portion connectable to an internal cross-member of said plurality of internal cross-members at said first point, wherein the attachment member is extendable from said first point and over the internal cross-member to the outer edge of the cover body. It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to provide wherein the attachment member has a first end portion connectable to an internal cross-member of said plurality of internal cross-members at said first point, wherein the attachment member is extendable from said first point and over the internal cross-member to the outer edge of the cover body, since rearranging parts of an invention involves only routine skill in the art. The motivation for doing so would have been to hold the cover body from the first point farther from the periphery of the cover frame and thereby improves a structural design and rigidity of the cover body while being coupled to the structure, In re Japikse, 86 USPQ 70.
As regarding claim 6, Liang as modified discloses all of limitations as set forth above. Liang as modified discloses the claimed invention for wherein the peripheral frame comprises a plurality of edge members (Attermeyer - 12) interconnected to one another and to the plurality of internal cross-members (Attermeyer – 42, 44) and forming a frame around the internal cross-members (Attermeyer – fig. 1).
As regarding claim 7, Liang as modified discloses all of limitations as set forth above. Liang as modified discloses the claimed invention for wherein the attachment member has a first end portion connectable to an edge member of the plurality of edge members at said first point, wherein the attachment member is extendable from said first point and over and along said edge member of the plurality of edge members to the outer edge of the cover body at an adjacent edge member of the plurality of edge members (annotated figs. 1-2), and further wherein a second end portion of the attachment member opposite to the first end portion is extendable outward of the cover body to said periphery of the cover body and carries the connector (annotated figs. 1-2).
As regarding claim 10, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention except for wherein the attachment member is elastically stretchable. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the attachment member is elastically stretchable (i.e. silicon rubber material) in order to enhance shape recovery, durability, and shock absorption, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liang et al (US 4905089; hereinafter Liang) in view of Simmons (US 7842116).
As regarding claim 9, Liang discloses all of limitations as set forth above. Liang discloses the claimed invention for wherein said at least one fastener comprises two fasteners, the two fasteners mountable to the cover body such that, in the assembled configuration, the respective attachment members of the two fasteners are separated with one another and extend in different directions (annotated figs. 1-2).
Liang fails to explicitly disclose the respective attachment members of the two fasteners are overlapped with one another.
Simmons is in the field of an air duct opening cover assembly (filter screen assembly 10, fig. 1) and teaches the air duct opening cover assembly comprising two fasteners (turnbuckle assemblies 112 and 134, fig. 7)'. wherein the two fasteners mountable to a cover body (body of the filter screen assembly 10, figs. 1 and 7) such that, in an assembled configuration (assembled configuration as shown in fig. 1), a respective attachment members of the two fasteners (cables 100 and 122, fig. 7) are overlapped with one another and extend in different directions (fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Liang with the teaching of Simmons by having the respective attachment members of the two fasteners are overlapped with one another, such as by placing two fasteners in one of corners of the cover body. The motivation for doing so would have been to provide means for holding the cover body in two different direction at its corner(s) and thereby improves a structural design for connecting the cover body to the structure.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 9-14, and 16-20 have been considered but are moot because of the new ground of rejection.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773