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 .
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Cao (US 2022/0266953). With respect to claim 1, Cao discloses a retractable boat cover assembly 200 with a flexible boat cover 210, a retracting mechanism having a spring loaded roller 208, the retracting mechanism being disposed within a housing assembly 202, with one edge of the flexible boat cover being attached to the spring loaded roller so that the flexible boat cover may be rolled onto the spring loaded roller and disposed within the housing assembly (paragraph 0086; Figures 42, 43) and attachment means (Figures 1, 35) for attaching the flexible boat cover to a periphery of a boat (via port and starboard poles). With respect to claim 2, note Cao, arms 204, 206 to provide a stop assembly to temporarily prevent the spring loaded roller from retracting. Further, it is noted that cam locks for spring loaded roller assemblies, for example with window shades are extremely well known in the art of spring loaded rollers.
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao (US 2022/0266953) in view of Harken (US 4679520). With respect to claim 3, Cao does not disclose a series of parallel slats. Harken teaches a series of parallel slats (battens; 24 Figure 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Cao with parallel slats as taught by Harken with a high likelihood of success for improved strength and rigidity especially during high winds. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of the claimed invention would have years of experience in the marine arts and would have known about strengthening battens in boat sails and would have found the combination to have been obvious.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao (US 2022/0266953) in view of Stier (US 2017/0152006). With respect to claims 4-5, Cao does not disclose removable attachment straps. Stier teaches attachment straps 52, 54 (inherently removable with a scissors; note also MPEP 2144.04 V C) and supporting poles 19 (Figure 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Cao with attachment straps and support poles as taught by Stier with a high likelihood of success for reduced flapping especially during high winds. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of the claimed invention would have years of experience in the marine arts and would have known about attaching straps and supporting poles and would have found the combinations to have been obvious. With respect to claims 6-7, note Figure 1 of Stier.
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 series of parallel slats (claim 3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brandjord (US 3806185) shows a boat cover with straps. Jesewitz (US 2019/0127026) shows ribs. Barwick (US 2019/0054981) shows a roller.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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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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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/ Primary Examiner, Art Unit 3615