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 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, 3, 14, 15, 17, 20-24, 28-31, 40, 41, 44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagai (US 6,084,326).
Regarding claims 1 and 20, Nagai et al. discloses a rodless actuator comprising: a rail tube (40) extending along a length between a first end and a second end (67a,67b); at least one actuated mount (106,108) including at least one external tube (40) interface that interfaces with an exterior of the rail tube and thereby supports the at least one actuated mount via the rail tube (Fig. 1), the at least one actuated mount positioned outside the rail tube and moveable along at least a first portion of the length of the rail tube; an external magnetic coupling (88) positioned outside the rail tube and configured to locate the at least one actuated mount at an actuated location along the length of the rail tube; an internal magnetic coupling (72) positioned within the rail tube and moveable along at least a second portion of the length of the rail tube, the internal magnetic coupling magnetically coupled to the external magnetic coupling and thereby configured to locate the external magnetic coupling along at least a portion of the length of the rail tube; and a motor (34) positioned at least partially within the rail tube and coupled to the internal magnetic coupling and thereby configured to locate the internal magnetic coupling along at least the second portion of the length of the rail tube and thereby configured to actuate the at least one actuated mount at the actuated location along at least the first portion of the length of the rail tube (Fig. 1).
Regarding claim 3, Nagai discloses the rodless actuator of claim 1, wherein the rail tube (40) includes a continuous perimeter extending adjacent to the first end and the second end of the rail tube and wherein the continuous perimeter extends substantially between the first end and the second end of the rail tube (Fig. 1).
Regarding claim 14, Nagai discloses the rodless actuator of claim 1, wherein the at least one actuated mount (106,108) is integrated with the external magnetic coupling (88).
Regarding claim 15, Nagai et al. discloses the rodless actuator of claim 1, further comprising at least one anti- rotate feature (32, figure 2).
Regarding claim 17, Nagai et al. discloses the rodless actuator of claim 1, wherein the internal magnetic coupling (80) includes at least one internal tube interface that interfaces with an interior of the rail tube (Fig. 1).
Regarding claim 20, Nagai et al. discloses the rodless actuator of claim 1, wherein the first and second portions of the length of the rail tube are substantially the same (Fig. 1).
Regarding claims 21-22, Nagai et al. discloses the rodless actuator of claim 1. Nagai et al. have seals at 67a,b at tube first and second ends with no fasteners.
Regarding claim 23, Nagai et al. discloses the rodless actuator of claim 22, further comprising a motor mount (34) that attaches to the first mount (at 67a).
Regarding claims 24, Nagai et al. discloses the rodless actuator of claim 23, wherein the drive system includes a first bearing (66), a bearing adapter (Fig. 1), and a drive screw (68) extending between a first end and a second end (Fig. 1), wherein the bearing adapter mounts the first bearing to an interior of the rail tube (Fig. 1), and wherein the first bearing rotatably supports the first end of the drive screw.
Regarding claims 28,29, Nagai et al. discloses the rodless actuator of claim 1 further comprising a first mount adjacent the first end of the rail tube (Fig. 1), the first mount at (34,48) including a tube interface that pilots with an interior of the rail tube at the first end of the rail tube and further comprising a second mount (64) adjacent the second end of the rail tube, the second mount including a tube interface that pilots with an interior of the rail tube at the second end of the rail tube
Regarding claim 30, Nagai et al. discloses the rodless actuator of claim 29, further comprising a motor mount (48) that attaches the motor (34) of a drive system to the first mount.
Regarding claims 31, Nagai et al. discloses the rodless actuator of claim 30, wherein the drive system includes a first bearing (66), a bearing adapter (Fig. 1), and a drive screw (68) extending between a first end and a second end (Fig. 1), wherein the bearing adapter mounts the first bearing to an interior of the rail tube (Fig. 1), and wherein the first bearing rotatably supports the first end of the drive screw.
Regarding claim 40, Nagai et al. discloses the rodless actuator of claim 1, wherein the housing 34 is within the tube 40 at the bearings 54b.
Regarding claim 41, Nagai et al. discloses the rodless actuator of claim 1, wherein the shaft (52) of the motor is partially within the tube (40) as seen in figure 1.
Regarding claim 44, Nagai et al. discloses a rodless actuator comprising: a rail tube (40) extending along a length between a first end and a second end (Fig. 1); at least one actuated mount (106,108) including at least one external tube interface (Fig. 1) that interfaces with an exterior of the rail tube and thereby supports the at least one actuated mount via the rail tube, the at least one actuated mount positioned outside the rail tube and moveable along at least a first portion of the length of the rail tube; an external magnetic coupling (88) positioned outside the rail tube and configured to actuate the at least one actuated mount to an actuated location along the length of the rail tube; an internal magnetic coupling (72) positioned within the rail tube and moveable along at least a second portion of the length of the rail tube, the internal magnetic coupling magnetically coupled to the external magnetic coupling and thereby configured to move the external magnetic coupling along at least a portion of the length of the rail tube; a drive screw (68) positioned at least partially within the rail tube and coupled to the internal magnetic coupling (72) and thereby configured to move the internal magnetic coupling along at least the second portion of the length of the rail tube and thereby configured to move the at least one actuated mount along at least the first portion of the length of the rail tube; and at least one bearing (70) mounted within the rail tube between the first end and the second end of the rail tube, the at least one bearing rotatably supporting at least a portion of the drive screw via the rail tube.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nagai in view of Senjo US 5,720,202.
Nagai discloses the rodless actuator of claim 1.
Nagai does not disclose a passive mount.
Senjo discloses an actuator system with an actuated mount (13) and further comprising at least one passive mount (21,23).
It would have been obvious to one of ordinary skill in the art at the effective filing date to include passive mounts in the system of Nagai.
The motivation would have been for stability as taught by Senjo.
Claims 10, 12, 13, 19, 32-34 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Nagai et al.
Bearings (claims 10,12), rollers (claims 13, 32, 45) and bearing hub (claim 33) and a spider mounting bearings are all common knowledge in the engineering art and obvious to use here to reduce friction and retain bearing balls.
Claims 16, 37, 39 are rejected under 35 U.S.C. 103 as being unpatentable over Nagai et al. in view of Bourgeois US 4289346.
Regarding claim 16, Nagai et al. lack a cover segment showing a panel 108 only. Prior to the filing of applicant it was known in the vehicle cover art to move the cover segments, between arches 54 by a linear actuator 110, 112. It would have been obvious at the time of filing to provide Nagai et al.’s linear actuator in the vehicle of Bourgeois as a direct substitute for the actuators 110,112 with no appreciable effect on function as thus not advancing the art.
Regarding claim 37, Bourgeois has a pair of rails 110, 112 deploying the cover segments between deployed and retracted.
Regarding claim 39, covering the truck bed by the cover segments of Bourgeois is deemed to be more aerodynamic than an open bed reducing turbulence.
Allowable Subject Matter
Claims 42 and 43 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.
Response to Arguments
Applicant's arguments filed March 3, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments in regards to the drawing, specification and claim objections have been overcome. However, it is noted that the terms in the specification and the claims are not consistent. Examiner suggests that the Applicant provides claim charts to link the claim terms and the specification terms.
The Applicant’s argues that Nagai does not disclose an actuated mount because there is no mount. This argument is not persuasive as the rejections above explain how Nagai discloses the features of the claims.
This action has is non-final due to the newly added rejection under 35 USC 103 of claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA L ENGLE whose telephone number is (571)272-6660. The examiner can normally be reached Monday- Friday 7:30 am-4 pm.
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/PATRICIA L ENGLE/
Primary Examiner
Art Unit 3993
Prosecution Insights