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 .
Claims 29, 17-19, 22-24, 26-28, and 30-31 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.
The first fastening means 130 is formed by first disposing a flap at the upper edge of the first side 111 during production of the protection system 100; said flap is then folded back and connected laterally to the first part 111 by suitable means. Suitable connections are sewing, gluing or friction welding, for example.
In claim 29, Claim limitation “a first flap… the first flap is carried at an upper edge of the first lateral wall and adapted to be pulled down over the at least one side lattice in a form-fitting manner for mounting” is confusing. Note the specification defined a flap only at the production of the cover where the flap is folded back and fastened at the edges to form a pocket, also per applicant’s argument. The term “flap” is defined as a “a piece of something thin, such as cloth, paper, or metal, hinged or attached only on one side, that covers an opening or hangs down from something.”. The flap as claimed and defined by the specification is not a flap in the claimed protection system since the flap is not longer there.
Claims 29, 17-19, 22-24, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Jurgen (EP3342674) in view of or Kim ‘637 or Flaherty (2639751) or Thau (4652037), or in the alternative under 35 U.S.C. 103 as being unpatentable over Jurgen (EP3342674) in view of or Kim ‘637 or Flaherty (2639751) or Thau (4652037) and further in view of Emoto (JPH11129911A) or De Loy (2689148).
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It is also possible that the tarpaulin consists of a dimensionally stable material and / or that the tarpaulin consists of a textile fabric and / or that the tarpaulin consists of plastic.
at least one of the closure means (10, 10 ', 10 ", 10''') is designed as a Velcro fastener and / or that at least one of the suspension means (11, 11 ') is in each case designed as a Velcro fastener and / or that at least one of the suspension means (11, 11') is designed as a preferably adjustable snap closure.
In the exemplary embodiment, the tarpaulin 9 comprises a receiving means 16 designed as a pocket, in which information, for example regarding goods to be transported, can be accommodated, for example in paper form.
Regarding claim 29, Jurgen teaches a protection system for protecting transported goods, comprising a roll container consisting of a base plate (4) and at least one side lattice (6/6’); and a protective cover 3 including a first lateral wall (sides with straps 11) of flexible material, a second lateral wall (9) of flexible material (cited above), a first flap (11), and at least one fastener 10”’wherein (a) the first lateral wall is interconnected at a first lateral edge to the second lateral wall (either back or front 9) comprises the second lateral wall. With respect to the first flap is carried at an upper edge of the first lateral wall and adapted to be pulled down over the at least one side lattice in a form-fitting manner for mounting, as best understood in view of the 112 issue above, the strap at 11 connected to the cover attached to the snap (cited above) meets this structure of the flap since the term flap by definition is “a piece of something thin, such as cloth, paper, or metal, hinged or attached only on one side” and portion 11 in fig. 4 shows this portion 11 attached only on one side. Also, portion 11 is flexible and conforms or form-fitted to the upper surface of the horizontal bar. Jurgen meets all claimed limitations except at least one fastener comprises the magnetic fastener disposed adjacent the lower edge being connected to the at least one side lattice.
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The carriage may have a pallet having a box shape as a whole and having a component or a tool fixed therein, and may have a structure that can be moved by a wheel or a caster attached to the carriage.
In addition, the magnetic attachment portions 141_1 to 142_2 may be formed in the opening / closing lower frame 12c or the fixed frame 12d, but they are not necessarily required.
The cover body 11 may be made of a synthetic resin material such as polyvinyl chloride (PVC), polyester or tarpaulin. The cover body 11 is made of a material having flexibility or stretchability and can be made of a thickness or a material that can be bent or folded at an arbitrary position in the longitudinal direction. The cover body 11 is preferably made of a translucent or transparent material so that it can be made to be viewed from the outside and can be made suitable for the shape of the mounting surface and can be, for example, a rectangular shape,
Kim teaches that it is known in the art to provide magnetic fasteners about the edges and including the bottom edge of the cover for attachment to a rolling device. It would have been obvious to one of ordinary skill in the art to provide magnetic fasteners around the bottom periphery of the cover including the bottom at the two lattice sides as taught by Kim to provide an alternative fastener that can be remove and install easily.
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A further object of the invention is to provide a cover including a strip of magnetic material extending about the edge of the cover, the strip being spaced inwardly from the edge of the cover and secured to the cover, a row of spaced permanent magnets secured to the article to be covered, said row of magnets being spaced on the article to be covered so that said permanent magnets will cooperate with the strip of magnetic material to hold the cover in place.
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(15) In order to assist in maintaining the enclosure in place, magnetic strips 92 can be sewn or secured in place. Typically, the magnetic tape can be sealed into the bottom edges at spaced locations, or in a continuous strip along the bottom edges. These magnetic tapes will secure the cover onto the truck body.
(16) As best shown in FIG. 6, the magnetic tape 92 can be secured in place by folding over a hem of the panel 20 so as to form an inner layer 94 sandwiching the magnetic tape 92 therebetween. A edge cover 96 can be sewn in place with the stitching 98 in order to protect the lower edging of the enclosure.
Also, Flaherty (at 5) or Thau (at 92), each teaches that it is known in the art to provide magnetic fasteners comprise of magnetic strips along the bottom. It would have been obvious to one of ordinary skill in the art to provide magnetic fasteners in Jurgen as taught by Flahety or Thau along the bottom of the cover at the connection to the base to provide an alternative fastener that can be remove and install easily and to provide added protection.
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In the alternative in claim 29, Emoto teaches that it is known in the art to provide flap at 5A at an upper edge of a lateral wall and adapted to be pulled down over and attach to a fastener form-fitting manner for mounting to a horizontal bar. De Loy also teaches that it is known in the art to provide flap 52 at an upper edge of the a lateral wall and adapted to be pulled down over and attach to a fastener form-fitting manner for mounting to a horizontal bar. it would have been obvious to one of ordinary skill in the art before the effective filing date to provide a flaps at an upper edge of the a lateral wall and adapted to be pulled down over and attach to a fastener form-fitting manner for mounting in Jurgen as taught by either Emoto or De Loy to provide an alternative fastening means for attaching while suspending the cover.
Regarding claims 17-18, note the as modified by Flaherty or Thau or Kim, each teaches a plurality of magnets each of Flaherty or Thau or Kim plurality of magnets comprises the second fastener as claimed.
Regarding claim 19, note the four walls encircling the cart in Jurgen.
Regarding claim 22, note the anti theft teaching:
In this way, a transport lock for such a car can be provided, which is particularly stable and can provide a particularly high level of protection of goods to be transported.
Regarding claim 23, note the coding (information) on pocket 16.
Regarding claim 24, note openings 27’/28”, etc. in fig. 5.
Regarding claims 25-27, note that the claim only requires one of the claimed characteristics and the cover of Jurgen meets this limitation, flexible fabric material which is collapsible (claim 27).
Regarding claim 28, note the cover in Jurgen is roofless.
Claims 29, 17-19, 22-24, 26-28, and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Jurgen (EP3342674) in view of or Kim ‘637 or Flaherty (2639751) or Thau (4652037), or in the alternative under 35 U.S.C. 103 as being unpatentable over Jurgen (EP3342674) in view of or Kim ‘637 or Flaherty (2639751) or Thau (4652037) and further in view of Han-Dressor et al. (7367621) or Goddard (482353).
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In the alternative to claims 27, and 30-31, to the degree it is argued the claimed flap forms a pocket either Han-Dressor (at 29 fig. 2 45 fig. 5, 230 fig. 7), or Goddard at 40, each teaches that it is known in the art to provide a pocket formed a flap laterally connected to the first lateral wall adjacent the first lateral edge and a second lateral edge opposite the first lateral edge forming a pocket (claim 30). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide flap forming pockets as taught by Han-Dressor or Goddard to provide an alternative fastening means for attaching the cover to the frame structure.
Regarding claims 17-19, 22-24, 26-28, see paragraphs 3 above.
Regarding claim 31, note flap is further configured to enclose and envelope the top edge of the lattice as claimed.
Applicant's arguments have been fully considered but they are not persuasive. Applicant’s amendment do not read over the prior art of record as set forth above. Note the 112 rejection in which the term “flap” is defined as a “a piece of something thin, such as cloth, paper, or metal, hinged or attached only on one side, that covers an opening or hangs down from something.”. In this case the claimed flap is no longer a flap, but a pocket attached to the cover on the two lateral sides forming a pocket. Furthermore, the pocket is not being claimed in claim 29. Since a flap is in claim 29, portions 11 comprises the claimed flaps. Also, portion 11 is flexible and conforms or form-fitted to the upper surface of the horizontal bar.
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.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733