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 .
This is a non-final Office action responsive to the reply filed on 09/11/2025.
Claim 1 has been amended.
Claims 2 and 4-6 have been canceled.
Claims 1 and 3 are pending.
Amended drawing to Fig. 12 was filed for entry.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/12/2025 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 1 “a soft top vehicle” should be - - a soft top of a vehicle - -.
Claim 1, line 5 “the top flat surface” should be - - a top flat surface - -.
Claim 1, line 5 “a plate opening.” should be - - a plate opening, - -.
Claim 1, line 8 “the screwing screw” should be - - the screwing screws - -.
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.
Claim 3 is 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.
Claim 3 recites the limitation "a secure receiver" in line 2. It is not clear that the subject matter “a secure receiver” is not properly described in the original disclosure. Appears that the secure receiver is the threaded screw receiver.
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Essig et al. (US Patent No. 5,765,903).
Regarding claim 1, Essig et al. discloses a device to close a window of a soft top vehicle comprising:
a plurality of clips having a base, a securing plate and a plurality of screwing screws (it is inherent that the opposite side of the vehicle has a clip having a base, a securing plate and a plurality of screwing screws) where the base is flat with a hooked end having a threaded screw receiver that extends up from the top flat surface of the base (it inherent that the threaded screw receiver has threads in order to receive the screwing screw), where the securing plate has a plate opening, where the soft top has a window fold where the window fold is hooked by the hooked end of the base and held in place by the securing plate, where the securing plate is secured to the base by one of the screwing screw thru the plate opening into the threaded screw receiver where the clips turn pulling the window tight and flat against the soft top (see Fig. 1 and annotated Fig. 3).
Regarding claim 3, Essig et al. further discloses comprising:
where the base has a secure receiver (see annotated Fig. 3).
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Response to Arguments
Applicant's arguments filed 09/11/2025 have been fully considered but they are not persuasive.
Regarding claim 1 Essig et al. broadly discloses the base is flat with a hooked end having a threaded screw receiver that extends up from the top flat surface of the base, where the securing plate has a plate opening, where the soft top has a window fold where the window fold is hooked by the hooked end of the base and held in place by the securing plate, where the securing plate is secured to the base by one of the screwing screw thru the plate opening into the threaded screw receiver where the clips turn pulling the window tight and flat against the soft top (see Fig. 1 and annotated Fig. 3).
Examiner’s Comment
In view of applicant’s amendments to the drawings and claims submitted in the reply filed on 09/11/2025, the objections to drawings, and the claim rejections under 35 USC § 103 indicated in the prior Office action have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677