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 .
Drawings
The drawings were received on July 12, 2023. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 12, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3-7 and 9-10 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 3 recites the limitation "the bow" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the stern" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 4-7 and 9-10 depend from dependent claim 3, and are thus also rendered indefinite.
Claim Rejections - 35 USC § 103
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 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.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over .
Mikacich (US 7,987,807) in view of Ipsen (US 3,059,659).
Mikacich discloses a boat cover suspension device, as shown in Figures 1-4, which is comprised of a lashing assembly, defined as Part #75, that is attachable to a boat cover, defined as Part #56, said lashing assembly being further comprised of a first clamping portion or cap, defined as Part #78, and a second clamping portion or cap, defined as Part #79, that are secured together with fasteners, defined as Part #82. Said boat cover has an upper side and a lower side, and an engaged portion of said boat cover is disposed between said first and second clamping portions or caps, as shown in Figure 3. A first tether portion, defined as Part #84, is coupled to said lashing assembly and extends from said upper side of said boat cover to support said boat cover at a determined height, as shown in Figures 1-2.
Mikacich, as set forth above, discloses all of the features claimed except for the use of second and third tether portions that are secured to a lashing assembly for supporting a lower side of a boat cover.
Ipsen discloses a boat cover support, as shown in Figures 1-7, which is comprised of a buckle or lashing assembly, defined as Part #32, a first tether portion, defined as Part #33, and second and third tether portions, each defined as Part #31, that are coupled to said buckle or lashing assembly and extend beneath a lower side of a boat cover, defined as Part #12, to support said boat cover over a boat, as shown in Figure 6.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a lashing assembly with attached tether portions for supporting a lower side of a boat cover, as taught by Ipsen, in combination with the boat cover suspension device as disclosed by Mikacich for the purpose of providing a boat cover suspension device that both supports an upper side of a boat cover at a determined height, and supports a lower side of said boat cover over a boat.
Allowable Subject Matter
Claims 1-2, 8 and 11-17 are allowed.
Claim 20 is 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.
Claims 3-7 and 9-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAMUEL J MORANO can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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December 5, 2025
/LARS A OLSON/Primary Examiner, Art Unit 3615