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 .
Response to Amendment
The amendment filed 12/1/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: New drawing figures 1-12 are different from the figures from the Drawings filed 3/10/2023. New drawing figures 1-12 include different features, shapes, and structures.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The following drawing objections are based on the original accepted drawings filed 3/10/2023.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following limitations must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
large rotating bar 23 and intermediate bar rubber strip 25,
large rotating bar groove 231, large rotating bar connecting groove 232,
small rotating bar groove 211, small rotating bar connecting groove 212,
intermediate bar groove 222,
sealing plate 235,
extrusion rod 234,
bottom plate 611, mounting cavity 613, a connecting block 621, a connecting rod 623, a lock bolt 624 and a spring 622,
limit plate 615,
a pressing plate 252, a bulge 253, restriction sections 251, and mounting grooves 254,
a connecting hole 43, a connecting nut 41 and a connecting screw 42,
support plane 711, mounting plane 714, and first rubber strip 76,
a first clamping piece 791, a second clamping piece 792 and a tightening screw 793,
support block 7921, and
tightening block 7922.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “25” has been used to designate both large rotating bar connecting groove in line 14 of claim 1 and intermediate bar rubber strip in line 10 of claim 1. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
large rotating bar 23 and intermediate bar rubber strip 25 in paragraph 28,
large rotating bar groove 231, large rotating bar connecting groove 232 in paragraph 29,
small rotating bar groove 211, small rotating bar connecting groove 212 in paragraph 30,
intermediate bar groove 222 in paragraph 31,
sealing plate 235 in paragraphs 32-35,
extrusion rod 234 in paragraph 32-35,
bottom plate 611, mounting cavity 613, a connecting block 621, a connecting rod 623, a lock bolt 624 and a spring 622 in paragraph 41,
limit plate 615 in paragraph 44,
convex plate 614 in paragraph 48,
a pressing plate 252, a bulge 253, restriction sections 251, and mounting grooves 254 in paragraph 51,
a connecting hole 43, a connecting nut 41 and a connecting screw 42 in paragraph 61,
support plane 711, mounting plane 714, and first rubber strip 76 in paragraph 65,
a first clamping piece 791, a second clamping piece 792 and a tightening screw 793 in paragraph 71,
support block 7921 in paragraph 72, and
tightening block 7922 in paragraph 73.
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.
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 1-10 are 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 1 recites two rotating shaft systems in lines 6 and 7, respectively. Then in line 9, “the rotating shaft system” is recited, making it unclear which rotating shaft system this is referring to.
Claim 5 recites the limitations "the bottom plate" in line 1 and "the steel wire rope" in line 2. There are insufficient antecedent bases for the limitations in the claim.
Claims 2-4 and 6-10 are rejected due to their dependency on the rejected claim 1.
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 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dylewski, II (US 20210016646 A1).
Regarding claim 1, Dylewski discloses a fully-embedded bed cover (14 in Fig. 1), includes a panel body (Fig. 1, formed by panels 18, 20, 22, and 24) connected to cargo hopper (truck bed 4 in Fig. 1), wherein the panel body is connected to the cargo hopper by a dual interlink lock system (6) (32 in Fig. 2 and paragraph 70, engages both rails on opposite sides of the bed) and a guide rail support bar system (7) (28 and 30 in Fig. 2), the panel body includes a first panel (11) (24 in Fig. 1), a second panel (12) (22 in Fig. 1), a third panel (13) (20 in Fig. 1) and a large front bar (4) (26 in Fig. 1), one end of the first panel (11) is connected to the large front bar (4) (Fig. 1, front end of 24), the other end of the first panel (11) is connected to the second panel (12) by a rotating shaft system (2) (Fig. 12, rear end of 24 connected to second panel 22’s front end), the second panel (12) is connected to the third panel (13) by a rotating shaft system (2) (Fig. 14, similar to rotating shaft system between 24 and 22); the guide rail support bar system (7) is connected to the cargo hopper (Fig. 2, connected to sidewalls of the bed). the rotating shaft system (2) includes a large rotating bar (23) (194 in Fig. 22), a small rotating bar (21) (196 in Fig. 22), an intermediate bar (22) (164 in Fig. 22) and an intermediate bar rubber strip (25) (168 and 166 in Fig. 22, paragraph 109 described they can be made from rubber), the large rotating bar (23) and small rotating bar (21) are respectively connected to both ends of the intermediate bar (22) by means of an intermediate bar rubber strip (25) (Fig. 22), the large rotating bar (23) includes a large rotating bar groove (231) (240 in Fig. 22) for connecting the panels and a large rotating bar connecting groove (25) (262 in Fig. 22) for connecting the intermediate bar rubber strip, the small rotating bar (21) includes a small rotating bar groove (211) (see annotated Fig. 22) for connecting the panels and a small rotating bar connecting groove (212) (284 in Fig. 22) for connecting the intermediate bar rubber strip (25), both ends of the intermediate bar (22) are provided with an intermediate bar groove (222) (262 and 284 in Fig. 22) for connecting the intermediate bar rubber strip (25), the intermediate bar rubber strip (25) includes a pressing plate (252) (270 in Fig. 22 and annotated Fig. 14), a bulge (253) (see annotated Fig. 14) and two restriction sections (251) (see annotated Fig. 22), a mounting groove (254) (see annotated Fig. 14) is arranged between the pressing plate (252) and the bulge (253), the two restriction sections (251) are symmetrically connected on both sides of the bulge (253) (see annotated Fig. 14 and 22, bulge at the center and two restriction sections on two sides of the bulge).
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Figure 1 Annotated Fig. 22 from Dylewski
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Figure 2 Annotated Fig. 14 from Dylewski
Regarding claim 6, Dylewski discloses the fully-embedded bed cover according to Claim 1, wherein the guide rail support bar system (7) includes a guide rail (71) (28/30 in Fig. 3), a front bar fixing block (72) (129 in Fig. 20; on both rails as described in paragraph 103) and a clamping unit (79) (156 in Fig. 28), the guide rail (71) is connected to the cargo hopper through the clamping unit (79) (Fig. 28 and paragraph 134), the end of the guide rail (71) near the first panel (11) is connected with the front bar fixing block (72) (Fig. 20, front end near first panel 24), the front bar fixing block (72) is provided with a connecting hole (43) (Fig. 20-21, hole where screw 128 goes through), the front bar fixing block (72) is connected to the large front bar (4) through a connecting nut (41) (137 in Fig. 21) and a connecting screw (42) (128 in Fig. 21; paragraph 102 recited that the details of fixing block 129 is in US application 16/593,049, which is published as US 20200108702 A1; 68 in Fig. 3 of this referred application shows that the part is indeed a screw).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Dylewski as applied to claim 1 above, and further in view of Dylewski’s Fig. 28 and Gu et al. (US 20210053427 A1).
Regarding claim 2, Dylewski discloses the fully-embedded bed cover according to Claim 1, wherein the small rotating bar (21) is connected to a sealing plate (235) (Dylewski, see annotated Fig. 22), the sealing plate (235) is arranged at the opening side (Dylewski, Fig. 22, left side) of the small rotating bar connecting groove (212), the side of the sealing plate (235) near the small rotating bar connecting groove (212) is provided with sealing bump (Dylewski, see annotated Fig. 22, touching bottom of 290); the intermediate bar (22) is connected to a sealing plate (235) (Dylewski, see annotated Fig. 22), the sealing plate (235) is arranged at the opening side of the intermediate bar groove (222) (Dylewski, see annotated Fig. 22, open to the right), the side of the sealing plate (235) near the intermediate bar groove (222) is provided with sealing bump (Dylewski, see annotated Fig. 22, touching bottom of 268); the large rotating bar (23) is connected to a sealing plate (235) (Dylewski, see annotated Fig. 22), the sealing plate (235) is arranged on the opening side (Dylewski, Fig. 22, left side) of the large rotating bar groove (232), the side of the sealing plate (235) away from the large rotating bar groove (232) is connected with an extrusion rod (234) (Dylewski, see annotated Fig. 22), the side of the sealing plate (235) near the large rotating bar groove (232) is provided with sealing bump (Dylewski, see annotated Fig. 23).
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Figure 3 Annotated Fig. 23 from Dylewski
Dylewski fails to disclose plural sealing bumps at each of the sealing plates; the side of the sealing plate (235) away from the small rotating bar connecting groove(212) is connected with an extrusion rod (234); and the side of the sealing plate (235) away from the intermediate bar groove (222) is connected with an extrusion rod (234).
Dylewski’s Fig. 28 teaches plural sealing bumps (Dylewski, 338 in Fig. 28 has multiple bumps).
Dylewski’s Fig. 28 is considered to be analogous art because it is in the same field of truck bed cover parts with sealing bump as Fig. 22 sealing plate of Dylewski.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski’s Fig. 22 to incorporate the teachings of Dylewski’s Fig. 28 with a reasonable expectation of success and duplicate the bump such that there are multiple bumps. Doing so provides additional grip for securing the parts in place.
Gu teaches the side of the sealing plate (235) away from the small rotating bar connecting groove(212) is connected with an extrusion rod (234) (Gu, 30 in Fig. 4) and the side of the sealing plate (235) away from the intermediate bar groove (222) is connected with an extrusion rod (234) (Gu, 29 in Fig. 4).
Gu is considered to be analogous art because it is in the same field of truck bed cover as Fig. 22 of Dylewski in view of Dylewski’s Fig. 28.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski’s Fig. 22 in view of Dylewski’s Fig. 28 to incorporate the teachings of Gu with a reasonable expectation of success and have extrusion rods. Doing so achieves better waterproofing effect (Gu, paragraph 51) and more material will allow the parts to have stronger structural integrity and increased durability.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Dylewski’s 22 in view of Dylewski’s Fig. 28 and Gu as applied to claim 2 above, and further in view of Qiu et al. (US 11890921 B2).
Regarding claim 3, the combination of Dylewski’s 22 in view of Dylewski’s Fig. 28 and Gu teaches the fully-embedded bed cover according to Claim 2, wherein the dual interlink lock system (6) includes a profile (Dylewski, 242 in Fig. 12) connected to the panel body.
The combination of Dylewski’s 22 in view of Dylewski’s Fig. 28 and Gu fails to teach both ends of the profile are respectively connected with a lock assembly, the two lock assemblies are connected to each other by a steel wire rope (63), the lock assembly includes a locating block (61) and a lock (62), the locating block (61) is connected to the profile, the lock (62) is slidingly connected to the locating block (61), both ends of the steel wire rope (63) are respectively connected to the two locks (62); the locating block (61) includes a bottom plate (611), the bottom plate (611) is provided with a mounting cavity (613), the lock (62) includes a connecting block (621), a connecting rod (623), a lock bolt (624) and a spring (622), the lock bolt and connecting block (621) are connected by a connecting rod (623), the spring (622) is sleeved on the connecting rod (623).
Qiu teaches both ends of the profile are respectively connected with a lock assembly (Qiu, Fig. 4-5, locks on both ends of profile 39), the two lock assemblies are connected to each other by a steel wire rope (63) (Qiu, 35 in Fig. 6), the lock assembly includes a locating block (61) (Qiu, Fig. 7) and a lock (62) (Qiu, 33 in Fig. 7), the locating block (61) is connected to the profile (Qiu, Fig. 4-5 and 7, since the lock system is connected to profile 39, so is the block of the lock system), the lock (62) is slidingly connected (Qiu, Col. 9 lines 11-13) to the locating block (61), both ends of the steel wire rope (63) are respectively connected to the two locks (62) (Qiu, Col. 9 lines 8-9, one end connected to an end of lock 33 and the other end at least indirectly connects to the other lock through the adjuster 38); the locating block (61) includes a bottom plate (611) (Qiu, see annotated Fig. 7), the bottom plate (611) is provided with a mounting cavity (613) (Qiu, see annotated Fig. 7), the lock (62) includes a connecting block (621) (Qiu, 342 in Fig. 8), a connecting rod (623) (Qiu, see annotated Fig. 8), a lock bolt (624) (Qiu, 331 and 332 in Fig. 8) and a spring (622) (Qiu, 30 in Fig. 8), the lock bolt and connecting block (621) are connected by a connecting rod (623) (Qiu, Fig. 8), the spring (622) is sleeved on the connecting rod (623) (Qiu, Col. 8, lines 61-62).
Qiu is considered to be analogous art because it is in the same field of truck bed cover as Fig. 22 of Dylewski in view of Dylewski’s Fig. 28 and Gu.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski’s Fig. 22 in view of Dylewski’s Fig. 28 and Gu to incorporate the teachings of Qiu with a reasonable expectation of success and use locks on both ends with springs and wire. Doing so provides locks on both sides for increased security and a central control that is convenient for controlling both sides at once; allows wire tightness adjustment for increased durability (Qiu, Col. 8 lines 42-44), and provides a control handle that is easy to operate (Qiu, Col. 8 line 49).
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Figure 4 Annotated Fig. 7 from Qiu
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Figure 5 Annotated Fig. 8 from Qiu
Regarding claim 5, the combination of Dylewski’s 22 in view of Dylewski’s Fig. 28 and Gu teaches the fully-embedded bed cover according to Claim 2, but fails to teach a mounting hole (612) for passing through the steel wire rope (63).
Qiu teaches a mounting hole (612) (Qiu, see annotated Fig. 7) for passing through the steel wire rope (63).
Qiu is considered to be analogous art because it is in the same field of truck bed cover as Fig. 22 of Dylewski in view of Dylewski’s Fig. 28 and Gu.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski’s Fig. 22 in view of Dylewski’s Fig. 28 and Gu to incorporate the teachings of Qiu with a reasonable expectation of success and use locks on both ends with springs and wire such that there’s a mounting hole. Doing so provides locks on both sides for increased security and a central control that is convenient for controlling both sides at once; allows wire tightness adjustment for increased durability (Qiu, Col. 8 lines 42-44), and provides a control handle that is easy to operate (Qiu, Col. 8 line 49).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Dylewski’s 22 in view of Dylewski’s Fig. 28, Gu, and Qiu as applied to claim 3 above, and further in view of Chen et al. (US 12257888 B2).
Regarding claim 4, the combination of Dylewski’s 22 in view of Dylewski’s Fig. 28, Gu, and Qiu teaches the fully-embedded bed cover according to Claim 3, wherein the lock (62) is a detachable structure, the connecting rod (623) and the lock bolt (624) are connected by threads (Dylewski, Fig. 8, connected at 341 which is a screw according to Col. 8 line 57, therefore it’s threaded and detachable by unscrewing).
The combination of Dylewski’s 22 in view of Dylewski’s Fig. 28, Gu, and Qiu fails to teach the mounting cavity (613) is provided with a limit plate (615), the connecting rod (623) passes through the limit plate (615), both ends of the spring (622) are respectively connected to the lock bolt (624) and the limit plate (615).
Chen teaches the mounting cavity (613) is provided with a limit plate (615) (Chen, see annotated Fig. 9), the connecting rod (623) passes through the limit plate (615) (Chen, Fig. 9-10, part of the rod passes through the plate so that an end 8061 is on the other side of the plate shown in annotated Fig. 9), both ends of the spring (622) are respectively connected to the lock bolt (624) and the limit plate (615) (Chen, Col. 6 lines 20-21, both ends of the spring are connected to bolt 8082 and an end 8061, which is at the limit plate).
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Figure 6 Annotated Fig. 9 from Chen
Chen is considered to be analogous art because it is in the same field of truck bed cover as Fig. 22 of Dylewski in view of Dylewski’s Fig. 28, Gu, and Qiu.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski’s Fig. 22 in view of Dylewski’s Fig. 28, Gu, and Qiu to incorporate the teachings of Chen with a reasonable expectation of success and have a limit plate. Doing so provides a stopping plate so that the spring is properly supported and protects the spring and the rod from the exterior.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Dylewski as applied to claim 6 above, and further in view of Fu et al. (US 20210379973 A1).
Regarding claim 7, Dylewski discloses the fully-embedded bed cover according to Claim 6, wherein the guide rail (71) includes a support plane (711) (Dylewski, 370 in Fig. 29) and a mounting plane (714) (Dylewski, 366 in Fig. 29), the support plane (711) is located above the mounting plane (714) (Dylewski, Fig. 29).
Dylewski fails to disclose a drainage groove (712), a limiting bevel (713), the mounting plane (714) and the support plane (711) are connected by the limiting bevel (713), the end of the mounting plane (714) away from the limiting bevel (713) is provided with the drainage groove (712), the support plane (711), the limiting bevel (713) and the mounting plane (714) form a "U" shaped structure.
Fu teaches a drainage groove (712) (Fu, 35001 in Fig. 15), a limiting bevel (713) (Fu, see annotated Fig. 16), the mounting plane (714) and the support plane (711) are connected by the limiting bevel (713) (Fu, see annotated Fig. 16), the end of the mounting plane (714) away from the limiting bevel (713) is provided with the drainage groove (712) (Fu, Fig. 15 and see annotated Fig. 16), the support plane (711), the limiting bevel (713) and the mounting plane (714) form a "U" shaped structure (Fu, see annotated Fig. 16).
Fu is considered to be analogous art because it is in the same field of truck bed cover as Dylewski.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski to incorporate the teachings of Fu with a reasonable expectation of success and use the rail structure of Fu with the drainage groove. Doing so provides a drainage groove so that when water gets inside, the water will be able to flow away and protect items stored in the cargo bed and the mechanical parts of the tonneau cover.
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Figure 7 Annotated Fig. 16 from Fu
Regarding claim 8, the combination of Dylewski in view of Fu teaches the fully-embedded bed cover according to Claim 6, wherein, the connecting screw (42) passes through the large front bar (4) and the connecting hole (43) (Dylewski, Fig. 20-21 and paragraph 103, through bottom of front bar 26) and is fixed by the connecting nut (41) (Dylewski, Fig. 21 and paragraph 103, fixed by nut 137).
Regarding claim 9, the combination of Dylewski in view of Fu teaches the fully-embedded bed cover according to Claim 7, wherein the clamping unit (79) includes a first clamping piece (791) (Dylewski, 334 in Fig. 29), a second clamping piece (792) (Dylewski, 324 in Fig. 29) and a tightening screw (793) (Dylewski, 348 in Fig. 29), the first clamping piece (791) and second clamping piece (792) are connected by bolt (Dylewski, 336 in Fig. 29), the tightening screw (793) is threaded to the second clamping piece (792) (Dylewski, Fig. 29 and paragraph 134, threaded through bottom of second clamping piece 324), the tightening screw (793) holds the first clamping piece (791) tightly (Dylewski, Fig. 29, by engaging bottom of first clamping piece 334); the second clamping piece (792) is provided with a support block (7921) (Dylewski, see annotated Fig. 29) and a tightening block (7922) (Dylewski, see annotated Fig. 29), the support block (7921) is arranged on the side of the second clamping piece (792) near the first clamping piece (791) (Dylewski, see annotated Fig. 29, top right side of 324), the support block (7921) is adapted to the guide rail (71) (Dylewski, Fig. 29, to leg 368 of the rail), the support block (7921) extends into the guide rail (71) (Dylewski, Fig. 29, into the channel formed by the rail), the tightening block (7922) is used to support the mounting plane (714) (Fu, see annotated Fig. 16, after combination, tightening block of Dylewski will be able to support the mounting plane from below).
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Figure 8 Annotated Fig. 29 from Dylewski
The combination of Dylewski in view of Fu teaches the claimed invention except for the plurality of bolts. It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the claimed invention to duplicate the bolt such that there are more than one bolt, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), MPEP 2144.04 VI. Doing so provides additional securement and structural integrity.
Regarding claim 10, the combination of Dylewski in view of Fu teaches the fully-embedded bed cover according to Claim 7, wherein the support plane (711) is connected with a first rubber strip (76) (Fu, 501 in Fig. 16, paragraph 84 described it as rubber), the guide rail (71) is connected with a second rubber strip (73) (Fu, 352 in Fig. 16, paragraph 84 described it as rubber) on the side away from the support plane (711).
Fu is considered to be analogous art because it is in the same field of truck bed cover as Dylewski.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the cover as taught by Dylewski to incorporate the teachings of Fu with a reasonable expectation of success and use rubber strips. Doing so increases sealing effect of the cover and allows strong grip of the parts.
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
In page 9 first paragraph of Applicant’s Reply filed 12/1/2025, Applicant argues that the prior art does not disclose the structures of 252, 253, and 254. They are referring the limitations of the pressing plate, the bulge, and the mounting groove as claimed in claim 1, respectively. Examiner respectfully disagrees. All three limitations are disclosed by Dylewski, II as mapped above in the rejection of claim 1. Applicant also mentions 232, which is unclear if that is referring to the large rotating bar groove from claims 1-2 or the large rotating bar connecting groove 232 in paragraph 29 of the specification. Both are taught in the rejection of claim 1 above by Dylewski, II. Although it is correct that Applicant’s invention is different from the prior art of Dylewski, II, the distinctions in structure are not reflected in the claims. Since Dylewski, II discloses all limitations of claim 1, it reads on claim 1 even if Applicant’s invention has more features or structures not disclosed by Dylewski, II.
Conclusion
THIS ACTION IS MADE FINAL. 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 Wenwei Zhuo whose telephone number is (571)272-5564. The examiner can normally be reached Monday through Friday 8 a.m. - 4 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571.270.5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WENWEI ZHUO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612