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 31, 2023. These drawings are acceptable.
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.
Claim 2 is 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.
On lines 2-3 of claim 2, a second member is claimed that is “pivotally connected to the second member”. It is unclear to the examiner how said second member can be pivotally connected to itself. It is assumed by the examiner that the applicant intended to claim that said second member is pivotally connected to said second bracket.
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)(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 1-6, 8, 11-13 and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mazzarelli et al. (US 2023/0278672 A1).
Mazzarelli et al. discloses the same bimini system for a watercraft with a hull and a deck as claimed, as shown in Figures 1-20B, which is comprised of a support frame assembly with a first support member or bracket, defined as Part #24a, that is connected to a port side of a watercraft, a second support member or bracket, defined as Part #24b, that is connected to a starboard side of said watercraft, and a support that is comprised of a front bow, defined as Part #26f, and a rear bow, defined as Part #26r, where said front and rear bows each have a first member that is pivotable relative to said first bracket, and a second member that is pivotable relative to said second bracket, where said first and second members are laterally spaced from each other, as shown in Figure 1. Each of said first and second brackets is configured with a tapered recess, as shown in Figures 7-11, and said support has a first member with a tapered end that is complementary to and engageable with said tapered recess of said first bracket, as shown in Figure 8, and a second member with a tapered end that is complementary to and engageable with said tapered recess of said second bracket, also as shown in Figure 8. Said support is selectively pivotable between a stowed position, as shown in Figures 6 and 11, and a raised or upright position, as shown in Figures 7-10. When said support is disposed in said raised or upright position, said tapered end of said first member contacts at least part of said tapered recess of said first bracket, and said tapered end of said second member contacts at least part of said tapered recess of said second bracket, as shown in Figure 8. A lift-assist device or biasing member, defined as Part #50, is connected to each of said first and second members of said support for biasing said support toward said raised or upright position, as shown in Figures 9-10. Each of said lift-assist devices or biasing members has a first end that is pivotally connected to one of said first and second members of said support, and a second end that is pivotally connected to one of said first and second brackets, as shown in Figures 10-11. Said front and rear bows of said support are pivotally connected to each other, as shown in Figures 7-10, and moveable between an open position, as shown in Figures 7-9, and a closed position, as shown in Figures 11-12. A removable cover or top, defined as Part #30, extends between said front and rear bows of said support, so that when said front and rear bows are in an extended configuration, as shown in Figure 2, said cover or top is taut between said front and rear bows. A rear support bow, defined as Part #28r, is pivotally connected to said rear bow, so that when said front and rear bows are in said extended configuration, said rear support bow is pivotable to a position between said front and rear bows for supporting said cover or top, as shown in Figure 2.
Allowable Subject Matter
Claims 7, 9-10 and 14 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Morgan et al. (US 12,071,202) discloses a bimini system for a watercraft.
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 12, 2025
/LARS A OLSON/Primary Examiner, Art Unit 3615