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 are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
61 (as mentioned in paragraph [0026] of the specification);
12 and 13 (as mentioned in paragraph [0029] of the specification); and
1207 (as mentioned in paragraph [0029] of the specification).
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. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “guide rail notch” (as recited in claim 3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. While Applicant indicates that the guide rail notch is in Fig. 6 of Applicant’s drawings, this view is so close-up, and lacking in any other reference numbers, that the surrounding structure cannot be clearly discerned. Thus, the precise structure and location of the guide rail notch cannot be determined.
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0001] of the specification is objected to because it does not end with a period which may indicate that some language is missing.
Appropriate correction is required.
Claim Objections
According to § 608.01(m) of the Manual for Patent Examining Procedure (MPEP), each claim begins with a capital letter and ends with a period (i.e., each claim is to be written as a single sentence). Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). It is suggested that Applicant review the claims of the patents cited in this Office action to get an idea of how claims should be written.
Claims 1, 3, and 6 are objected to as containing more than one period. Additionally, preferably capital letters are not used except for the first letter of the first word of the claim or in abbreviations.
Claims 1, 3, 4, and 5 are objected to because of the following informalities:
In the last line of claim 1, “a guide rail” appears to be a double recitation of the same which is recited in line 2 of the claim.
In claim 3, line 1, “the front bar assembly’ has no proper antecedent basis in the claims. Previously, in claim 1, Applicant has recited --a front bar system--.
In claim 4, “the first front bar,” “the second front bar,” and “the third front bar” don’t have antecedent basis in the claims. It appears that Applicant intended claim 4 to depend from claim 3. For purposes of applying prior art, this is how the claim will be interpreted.
In claim 5, “the second front bar,” has no antecedent basis in the claims. It appears that Applicant intended claim 5 to depend from claim 3. For purposes of applying prior art, this is how the claim will be interpreted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites first and second intermediate shaft systems (which appear to be structures commonly known as hinges) that are comprised of structures that do not clearly include a rotating shaft. Applicant refers to “rod” structures in claim 6, but these structures appear to be shown as flat bars or panels as shown in Fig. 10 of Applicant’s drawings. Thus, it is not clear how the hinging motion (as shown in Fig. 7 of Applicant’s drawings) is carried out.
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 1-6 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.
In claim 1, it is not clear what “a side rail system” is. Applicant refers to the reference number 5 in the specification. Reference number 5 appears to indicate a side end of panel of the cover. For purposes of expediting examination, the side rail system” will be interpreted as the side edges of all the cover panels in a longitudinal direction of the vehicle.
In claim 1, it is not clear what “a guide rail” is since there is no reference number “61” in the drawings. However, the drawings include reference number 6 which appears to be indicating a guide trail. Thus, guide rail will be interpreted as the rail 6 as shown in Fig. 1 of Applicant’s drawings.
In claim 3, it is not clear what the first front bar, second front bar, and third front bar are because Applicant has not labeled these structures in the drawings. For purposes of expediting examination the first front bar, second front bar, and third front bar will be interpreted as below in the image taken from Fig. 9 of Applicant drawings:
[AltContent: textbox (third front bar 13)][AltContent: textbox (second front bar 12)][AltContent: ][AltContent: ]
[AltContent: textbox (limiting portion 1207)][AltContent: ][AltContent: ][AltContent: textbox (first front bar 11)]
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Additionally, the above noted structure will be interpreted as the limiting portion 1207 since this structure is not labeled in the drawings.
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.
Claim1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by iScaper1 (youtube.com video).
With respect to claim 1, iScaper1 discloses an embedded hard cover, wherein, it includes
a front bar system as shown below in the screen shot from time 4:05 of the video:
[AltContent: textbox (front bar system)][AltContent: ]
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an intermediate rotating shaft system as shown below in the screen shot from time 6:13 of the video:
[AltContent: textbox (intermediate rotating shaft system)][AltContent: ]
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a rear bar system (4) as shown below in the screen shot from time 6:16 of the video:
[AltContent: textbox (rear bar system)][AltContent: ]
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a side rail system and a guide rail as shown below in the screen shot from time 2:53 of the video:
[AltContent: textbox (side rail system including a guide rail on each side of the truck bed (one shown))][AltContent: ][AltContent: rect]
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the front bar system, the intermediate rotating shaft system and the rear bar system (4) forming a transversal frame as shown below in the screen shot from time 6:35 of the video:
[AltContent: textbox (longitudinal frame)][AltContent: ][AltContent: ][AltContent: textbox (transversal frame)][AltContent: ][AltContent: ][AltContent: ]
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the side rail system forming a longitudinal frame as indicated above
both the longitudinal and transversal frames are connected to the car body by a guide rail (as shown in the above images).
The front bar system includes a front bar assembly and a front bar plum nut as shown below in the screen shot taken from time 4:09 of the video:
[AltContent: textbox (plum shank)][AltContent: ][AltContent: textbox (blocking surface)][AltContent: ][AltContent: textbox (guide rail)][AltContent: textbox (fixing hole)][AltContent: textbox (plum nut)][AltContent: ][AltContent: ][AltContent: ]
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the front bar assembly is provided with a fixing hole, the front bar plum nut passes through the fixing hole to connect the front bar assembly with the guide rail (as shown in the above image).
With respect to claim 2, iScaper1 discloses that the guide rail includes a blocking surface (as indicated above), the front bar plum nut includes a plum shank (as indicated above) and a threaded rod (1402), the threaded rod (as shown at time 3:58 of the video) passes through the fixing holes and tightens against the blocking surface (as shown above).
Claim Rejections - 35 USC § 103
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over iScaper1 (youtube.com video), as applied to claim 1 above, and further in view of Steffens et al. (US 2001/0035664).
With respect to claim 6, iScraper 1 discloses the claimed embedded hard cover, excerpt that it is not clear what the intermediate rotating shaft system includes. However, Weng et al. teach a similar embedded hard cover including an intermediate rotating shaft system including a first intermediate rotating shaft system (“hinge” 22, as shown in Fig. 2-3 of Steffens et al.) and a second intermediate rotating shaft system (“hinge” 22, as shown in Figs. 2-3 of Steffens et al.), the first intermediate rotating shaft system 22 and second intermediate rotating shaft system 22 are of equal width (as shown in Fig. 1 of Steffens et al.).
The first intermediate rotating shaft system 22 includes
a first left rod 26 (as shown in Fig. 6 of Steffens et al.),
a first left rubber strip (left vertical leg of rubber jacket 28, Steffens et al., paragraph [0057]; Fig. 5),
a first intermediate rod 40, a first right rubber strip (right vertical leg of rubber jacket 28, Steffens et al., paragraph [0057]; Fig. 5) and
a first right rod 26 (as shown in Fig. 6 of Steffens et al.),
the first left rubber strip is located between the first left rod 26 and the first intermediate rod 40 (as show in Fig. 10 of Steffens et al.),
the first right rubber strip is located between the first right rod 26 and the first intermediate rod 40 (as shown in Fig. 10 of Steffens et al.).
The second intermediate rotating shaft system 22 (is identical to the first intermediate rotating shaft system and therefore) includes
a second left rod 26 (as shown in Fig. 6 of Steffens et al.),
a second left rubber strip (left vertical leg of rubber jacket 28, Steffens et al., paragraph [0057]; Fig. 5),
a second intermediate rod 40, a second right rubber strip (right vertical leg of rubber jacket 28, Steffens et al., paragraph [0057]; Fig. 5) and
a second right rod 26 (as shown in Fig. 6 of Steffens et al.),
the second left rubber strip is located between the second left rod 26 and the second intermediate rod 40 (as show in Fig. 10 of Steffens et al.),
the second right rubber strip is located between the second right rod 26 and the first intermediate rod 40 (as shown in Fig. 10 of Steffens et al.).
It 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, with a reasonable expectation of success, to combine the teaching of Steffens et al. with the embedded hard cover disclosed by iScaper1 for the advantage of the jacket 28 which provides a water-tight seal to prevent water from leaking into the truck bed through the first and second intermediate rotating shaft systems.
Allowable Subject Matter
Claims 3-5 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. Note, claims 4-5 are interpreted as depending from claim 3 as mentioned in the above claim objections.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 3-5 have been indicated as containing allowable subject matter primarily for the front bar assembly including a first front bar, a second front bar and a third front bar, wherein both the first front bar and the third front bar are connected to the second front bar, the second front bar is provided with a limiting portion, and the guide rail being provided with a guide rail notch, the guide rail notch being used to pass through the limiting portion
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dylewski, II, Wu, and Xu are cited to show other examples of embedded hard covers including a front bar assembly, and a front bar plum nut.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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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.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612