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 Arguments
Applicant’s arguments with respect to claims 1-4 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. The claim amendments necessitated the new grounds of rejection made below.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the roller connector as described in the specification. The specification describes a spring within the roller connector for retracting the main body. However, the roller connector shown in Figs 1 does not clearly depict what the roller connector is as the reference numeral merely points to an edge of the main body. Figs 2 and 3 fail to further show the roller connector with detail to clearly understand what is described in the specification. Fig 2 also fails to clearly show the windshield shade body 110 which is directed to an edge in the drawing. The drawings do not show how the main body is retracted. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mao (US 10,081,227)
Regarding claim 1, Mao discloses a retractable windshield shade removably connected to at least a portion of a vehicle (Fig 2), the retractable windshield shade comprising:
a main body (101) to movably cover a windshield of the vehicle;
roller connector (103) disposed on at least a portion of the main body and connected within a headliner of the vehicle to store the main body therein (directed to structure of an intended use, even so the assembly is connected to a vehicle and indirectly coupled to a headliner), such that the main body moves from retracted within the roller connector in a first position (Fig 1) to at least partially extracted away from the roller connector in a second position (Fig 2), and moves from extracted away from the roller connector in the second position to retracted within the roller connector in the first position in response to being tugged (pulled); and
a surface connector (110) disposed on at least a portion of the main body to removably connect the main body to a dashboard of the vehicle (directed to structure of an intended use).
Regarding claim 2, wherein the main body comprises: an interior side to darken an interior of the vehicle while the interior side is extracted (body is a shade); and an exterior side disposed on at least a portion of the interior side to reduce an amount of light reaching the interior of the vehicle through the windshield (shade blocks lights).
Regarding claim 3, wherein the exterior side is a reflective surface that reflects the light away therefrom (col 8, lines 34-35).
Regarding claim 4, wherein the exterior side absorbs the light and prevents emission of the light away therefrom (col 8, lines 33-34).
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 Johnnie A. Shablack whose telephone number is (571)270-5344. The examiner can normally be reached Mon-Thu 6am-3pm EST, alternate Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634