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 communication is in response to application No. 18/339,528, filed on 6/22/2023. Claims 1-18 are currently pending and have been examined. Claims 1, 8-11, 13 and 18 have been rejected as follows. Claims 2-7, 12 and 14-17 are objected to.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Tonneau Cover Panel Clamp” or “Tonneau Cover Panel Clamp with Hook and Flange Clamp Body”.
The disclosure is objected to because of the following informalities:
In paragraph [0161], line 6, “book ends 612 and 614” should read “hook ends 612 and 614”;
In paragraph [0163], line 2, and in paragraph [0164], line 2, “opening 624” should read “opening 626”.
In paragraph [0166], line 4, “rail 620” should read “clamp channel 620”.
Appropriate correction is required.
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.
Claims 1, 8-11 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weber (US Patent No. 5,189,766).
Regarding claim 1, Weber discloses a clamp comprising a clamp body (10, Fig. 1; column 2, lines 36-37) with a first hook (26, Fig. 1; see annotated figure below) located at a first end of the clamp body and a second hook (22, Fig. 1) located at a second end of the clamp body (10, Fig. 1) opposite the first hook (26, Fig. 1); wherein the clamp body (10, Fig. 1) includes a panel (12, Fig. 1) that spaces apart the first hook (26, Fig. 1) from the second hook (22, Fig. 1); wherein a first hook (26, Fig. 1) distance (column 2, lines 45-48) from a top surface of the panel (12, Fig. 1) to the first hook (26, Fig. 1) is greater than a second hook (22, Fig. 1) distance (column 2, lines 45-48) from the top surface of the panel (12, Fig. 1) to the second hook (22, Fig. 1); wherein the first hook (26, Fig. 1) includes a first flange (28, Fig. 1) located adjacent to and extends away from the first hook (26, Fig. 1); and wherein the second hook (22, Fig. 1) includes a second flange (20, Fig. 1) located adjacent to and extends away from the second hook (22, Fig. 1). (See annotated figure below) The preamble of the claim reciting a “modular bulkhead panel clamp for a tonneau cover assembly”, is a recitation of intended use of the claimed invention and is not considered a limitation to the claim construction. The body of the claim 1 defines a clamp body that does not claim structure limited to any particular environment.
PNG
media_image1.png
344
451
media_image1.png
Greyscale
Regarding claim 8, Weber further discloses wherein the second flange (20, Fig. 1 = 55, Fig. 5-6) extends away from underneath the second hook (22, Fig. 1 = 48, Fig. 5-6) to limit lateral movement of the clamp body (10, Fig. 1 = 40, Fig. 5-6; shown at plate 50, Fig. 5-6).
Regarding claim 9, Weber discloses a clamp comprising a clamp body (10, Fig. 1; column 2, lines 36-37) with a first hook (26, Fig. 1) located at a first end of the clamp body and a second hook (22, Fig. 1) located at a second end of the clamp body (10, Fig. 1) opposite the first hook (26, Fig. 1); wherein the clamp body (10, Fig. 1) includes a panel (12, Fig. 1) that spaces apart the first hook (26, Fig. 1) from the second hook (22, Fig. 1); and wherein a first hook (26, Fig. 1) distance (column 2, lines 45-48) from a top surface of the panel (12, Fig. 1) to the first hook (26, Fig. 1) is greater than a second hook (22, Fig. 1) distance (column 2, lines 45-48) from the top surface of the panel (12, Fig. 1) to the second hook (22, Fig. 1). (See annotated figure above). The preamble of the claim reciting a “modular bulkhead panel clamp for a tonneau cover assembly”, is a recitation of intended use of the claimed invention and is not considered a limitation to the claim construction. The body of the claim 9 defines a clamp body that does not claim structure limited to any particular environment.
Regarding claim 10, Weber discloses all of the claimed limitations of the invention as claimed in claim 9 above, and further discloses wherein the first hook (26, Fig. 1) includes a first flange (28, Fig. 1) located adjacent to and extends away from the first hook (26, Fig. 1). (See annotated figure above).
Regarding claim 11, Weber discloses all of the claimed limitations of the invention as claimed in claim 9 above, and further discloses wherein the second hook (22, Fig. 1) includes a second flange (20, Fig. 1) located adjacent to and extends away from the second hook (22, Fig. 1). (See annotated figure above).
Regarding claim 18, Weber discloses all of the claimed limitations of the invention as claimed in claim 11 above, and further discloses wherein the second flange (20, Fig. 1 = 55, Fig. 5-6) extends away from underneath the second hook (22, Fig. 1 = 48, Fig. 5-6) to limit lateral movement of the clamp body (shown at plate 50, Fig. 5-6).
Claims 9 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chun (KR-101387053-B1).
Regarding claim 9, Chun discloses a clamp comprising a clamp body (100, Fig. 2) with a first hook (115, Fig. 2) located at a first end of the clamp body and a second hook (120, Fig. 2) located at a second end of the clamp body opposite the first hook (115, Fig. 2); wherein the clamp body includes a panel (120c, Fig. 2) that spaces apart the first hook (115, Fig. 2) from the second hook (120, Fig. 2); and wherein a first hook (115, Fig. 3b) distance from a top surface of the panel to the first hook is greater than a second hook (120b, Fig. 3b) distance from the top surface of the panel to the second hook (see Figure 3b). The preamble of the claim reciting a “modular bulkhead panel clamp for a tonneau cover assembly”, is a recitation of intended use of the claimed invention and is not considered a limitation to the claim construction. The body of the claim defines a clamp body that does not claim structure limited to any particular environment.
Regarding claim 13, Chun further discloses wherein either the first hook (115, Fig. 3) or the second hook (120, Fig. 3) is configured to engage a rail (320, Fig. 4).
Allowable Subject Matter
Claims 2-7, 12 and 14-17 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indication of allowable subject matter in claims 4-6 and 14-16 is the inclusion of the recitation of the clamp body and it’s structural features being “configured to be supported by a bulkhead panel portion of the tonneau cover assembly”. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record for the combination including a positive recitation of the modular bulkhead panel portion of a tonneau cover assembly given weight in the body of the claim.
The primary reason for indication of allowable subject matter in claims 2 and 12 is the inclusion of tabs extending away from the top surface of the panel of the clamp body. Applicant’s tabs create a space between the underside of the bulkhead panel and top surface 640 of clamp body 633 to keep the panel sections secured to the rails 622 via a clamp channel 620. The prior art of Weber would not provide a need to one of ordinary skill in the art of clamps to include tabs on the top surface of the panel of the clamp body, since the clamp body of Weber does not mount to a rail engaging a clamp channel and bulkhead panel or equivalent structure. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record.
The primary reason for indication of allowable subject matter in claims 7 and 17 is the inclusion of the first flange extending away from underneath the first hook to limit lateral movement of the clamp body in combination with the first hook distance from a top surface of the panel to the first hook being greater than a second hook distance from the top surface of the panel to the second hook. The prior art of Weber does not disclose a first flange with the claimed distance extending away from underneath the first hook. Applicant’s flange 630 extends downwardly from hook end 612 to limit lateral movement of the clamp body when the flange 630 engages clamp channel 620 of rail 622. The prior art of Weber would not provide a need to one of ordinary skill in the art of clamps to include a flange that extends downwardly from a hook end with the distance as claimed to limit lateral movement of the clamp body, since the clamp body of Weber does not mount to a rail engaging a clamp channel and bulkhead panel or equivalent structure. Such a modification would destroy the Weber reference. Regarding claim 3, the prior art of Weber or Chun do not disclose first and second hooks with the first hook distance from a top surface of the panel to the first hook being greater than a second hook distance from the top surface of the panel to the second hook, wherein the hooks include flanges and are configured to engage a rail, which serve to limit lateral movement as described above. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wheatley (US Patent No. 5,121,960) discloses a rail attachment clamp for a tonneau cover. Dylewski, II (US Patent No. 10,046,632), see Fig. 25-26, discloses a tonneau cover hinge (26) with a body (222) having first and second hooks (204) with first and second flanges (230) where the body includes a panel (224) spacing apart the first hook from the second hook. Wheatley et al (US Patent No. 5,636,893), Parkey (US 2019/0105974), Xu (US 2020/0062095), Yue (US 2012/0274091) see Fig. 3, disclose bulkhead panel clamps for a tonneau cover assembly that use a hook to engage the clamp channel of a rail. Maimin et al (US Patent No. 8,544,934), Fig. 29, discloses a clamp (332, Fig. 29) with first and second hooks for a tonneau cover.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Denise L Esquivel whose telephone number is (703)756-5825. The examiner can normally be reached Monday- Thursday 7:30 am-5:00 pm, alternate Fridays 7:30 am-4:00 pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DLE/
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612