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
Applicant’s remarks filed 2/3/26 with respect to the drawing objections have been considered and are persuasive. The objection set forth in the Office action dated 9/30/25 is therefore withdrawn and the drawings filed 1/31/24 are accepted.
Claim Objections
Claims 7, 10, 15, 19, and 22 are objected to because of the following informalities:
Claim 7 recites “the tapered side is disposed near the first distal end and the second distal end”, but claim 1 has been amended to introduce these ends as the first and second outer ends, and claim 6 introduces multiple tapered sides. It is recommended that claim 7 be amended to instead recite --the tapered sides are disposed near the first outer end and the second outer end--.
Claim 10 recites “configured to connect to and slidable along the first elongated compartment” in lines 6-7, which should be amended to recite --configured to connect to and be slidable along the first elongated compartment-- or a similar recitation.
Claim 15 recites “the second visor” in line 4, but this visor has not been previously introduced so the limitation should be amended to recite --a second visor--.
Claim 19 recites “overlap between first elongated compartment” in lines 1-2, which should be amended to recite --overlap between a first elongated compartment-- (adding the word “a”).
Claim 22 recites “upon installation of sunshade” which should be replaced with --upon installation of the sunshade--.
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 1-3, 8-10, 12, 21, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (U.S. Patent No. 9,878,601).
Regarding claim 1, Chen discloses a sunshade, comprising:
a collapsible body (body including tubes 4, 5, 6) having a first elongated compartment (6) and a second elongated compartment (5) connected to and slidable along to the first elongated compartment (via rail 14), the first elongated compartment comprising a first inner end and a first outer end opposite the first inner end (opposing ends of the compartment 6, shown in at least Figure 5), and the second elongated compartment comprises a second inner end and a second outer end opposite the second inner end (opposing ends of the compartment 5, shown in at least Figure 5);
a plurality of retractable substrates (8, 9) comprising:
a first retractable substrate (9) coupled to the first elongated compartment, the first retractable substrate configured to retract within the first elongated compartment [FIG. 3], the first retractable substrate comprising a first attachment component (12) coupled to a first upper edge of the first retractable substrate (the tail handle 12 reads on the term “attachment component” when treated with a broadest reasonable interpretation, as it attaches the substrate 9 to the adjacent substrates and to the weight 21; and this end reads on the “first upper edge” as the term “upper” is defined in the context of the assembly as the opposite edge of the substrate relative to the collapsible body), and
a second retractable substrate (8) coupled to the second elongated compartment, the second retractable substrate configured to retract within the second elongated compartment [FIG. 3], the second retractable substrate comprising a second attachment component (11) coupled to a second upper edge of the second retractable substrate (the tail handle 11 reads on the term “attachment component” when treated with a broadest reasonable interpretation, as it attaches the substrate 8 to the adjacent substrates and to the weight 21; and this end reads on the “first upper edge” as the term “upper” is defined in the context of the assembly as the opposite edge of the substrate relative to the collapsible body).
Regarding claim 2, Chen discloses that the first elongated compartment is configured to translate linearly along the second elongated compartment [FIGS. 1-3].
Regarding claim 3, Chen discloses a coupler element coupled on each of the first outer end and the second outer end (a coupler element formed by base 2 and knobs 3 is disposed on the first outer end, and a coupler element formed by the mating portion of the rail 14 is disposed on the second outer end) [FIG. 7], the coupler element of the first outer end and the coupler element of the second outer end are each configured to fixedly couple to a portion of a vehicle (in an assembled and installed state, the base 2 and knobs 3 are fixedly coupled to the visor of the vehicle as shown in Figures 1 and 7, and the mating portion of the rail 14 is fixedly coupled via its connection to the base; it is noted that the limitation “fixedly coupled” is treated with a broadest reasonable interpretation, and does not require a permanent coupling or an immovable connection).
Regarding claim 8, Chen discloses that the first elongated compartment and the second elongated compartment comprise a parallel alignment [FIGS. 5, 6].
Regarding claim 9, Chen discloses that the first inner end further comprises a glass breaking point (the corner of the base 2, shown in Figure 7, reads on the term “glass breaking point”, as it defines a point and is inherently capable of breaking glass; a specific structure of the glass breaking point is not set forth in the claims).
Regarding claim 10, Chen discloses a sunshade kit [FIGS. 1, 7], comprising:
a first elongated compartment (6) having a first inner end and a first outer end opposite the first inner end (opposing ends of the compartment 6, shown in at least Figure 5);
a second elongated compartment (5) having a second inner end and a second outer end opposite the second inner end (opposing ends of the compartment 5, shown in at least Figure 5), the second elongated compartment configured to connect to and be slidable along the first elongated compartment (via rail 14);
a first retractable substrate (9) coupled to the first elongated compartment, the first retractable substrate configured to retract within the first elongated compartment [FIG. 3], the first retractable substrate comprising a first attachment component (12) coupled to a first upper edge of the first retractable substrate;
a second retractable substrate (8) coupled to the second elongated compartment, the second retractable substrate configured to retract within the second elongated compartment [FIG. 3], the second retractable substrate comprising a second attachment component (11) coupled to a second upper edge of the second retractable substrate; and
a first clip (16) and a second clip (17).
Regarding claim 12, Chen discloses a coupler element disposed on each of the first outer end and the second outer end (a coupler element formed by base 2 and knobs 3 is disposed on the first outer end, and a coupler element formed by the mating portion of the rail 14 is disposed on the second outer end) [FIG. 7].
Regarding claim 21, Chen discloses that each of the plurality of retractable substrates is configured to extend towards and couple to a visor (1) of a vehicle (as shown in Figure 4, in an extended state the substrates extend from the dashboard towards the visor, and the substrates ace coupled to the visor 1 via the base 2 as shown in Figure 7).
Regarding claim 22, Chen discloses that upon installation of the sunshade into a dashboard of a vehicle, the first elongated compartment and the second elongated compartment are in a fixed position during deployment and retraction of the plurality of retractable substrates (this limitation constitutes a recitation of intended use or a functional recitation; the substrates are deployable and retractable with the compartments in a fixed position as shown in Figures 3-4, and the sunshade is capable of being installed into a dashboard, therefore meeting the requirements of the limitation).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. 9,878,601) in view of Shikler (U.S. Patent No. 5,495,884).
Regarding claim 4, Chen discloses coupler elements, but does not disclose that the coupler elements include a suction cup.
Nonetheless, Shikler discloses a sunshade comprising suction cup coupler elements (32, 22).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coupler elements of Chen to include suction cups, as taught by Shikler, in order to enable attachment of the sunshade directly to a windshield or to another window that doesn’t include visors, and to allow for a greater degree of flexibility in placement/location of the sunshade.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. 9,878,601) in view of Pettit (U.S. Patent No. 10,160,294).
Regarding claims 6 and 7, Chen discloses the first and second substrates and the first and second distal/outer ends, but does not disclose that the substrates each comprise a tapered side.
Nonetheless, Pettit discloses a sunshade including first and second tapered sides (opposite side edges, as shown in Figure 2) disposed near respective first and second distal/outer ends [FIG. 2].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified each of the substrates of Chen to include the tapered sides taught by Pettit, in order to provide better coverage for a windshield having a typical non-rectangular shape, so as to improve the light blocking and insulative capability of the shade assembly.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. 9,878,601) in view of Pettit (U.S. Patent No. 10,807,447), hereinafter referred to as Pettit ‘447.
Regarding claim 11, Chen discloses first and second attachment components, but does not disclose that they comprise a finger grip and a catch.
Nonetheless, Pettit ‘447 discloses a sunshade comprising first and second attachment components (131, 132), comprising a finger grip (162, 164) and a catch (161, 163), wherein the catches are configured to couple to respective first and second clips (777) [FIG. 4], and the finger grips are configured to deploy and retract the substrate of the sunshade (the finger grips 162 and 164 are capable of being grasped by a finger and used to perform the recited function, and therefore meet the requirements of the limitation).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment components and clips of Chen to have the structure and configuration taught by Pettit ‘447, in order to enable attachment of the sunshade at the dashboard of the vehicle to extend upward to the top of the windshield, so as to provide a more secure mounting configuration for the assembly and to ensure that it does not flex or bow in an undesired manner.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Patent No. 9,878,601) in view of Miles (U.S. Patent No. 6,477,744).
Regarding claim 13, Chen discloses the first and second clips, but does not disclose a curved body or hook.
Nonetheless, Miles discloses a clip (10) comprising a curved body [FIG. 2] extending from a first endpoint (at 14) to a second endpoint (at 30, 36), the clip further comprising a hook (14) disposed at the first endpoint [FIG. 2].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the clips of Chen to have the configuration taught by Miles, in order to provide greater versatility and utility for the clips, so as to improve the usefulness for the end user.
Claims 15, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pettit ‘447 (U.S. Patent No. 10,807,447) in view of Chen (U.S. Patent No. 9,878,601).
Regarding claims 15, 19, and 20, Pettit ‘447 discloses a system of a sunshade (100) installed within a vehicle [FIG. 4], the system comprising:
a first clip (777) coupled to a first visor of the vehicle (column 3, lines 43-50);
a second clip (777, on the opposite side as shown in Figure 4) coupled to the second visor of the vehicle; and
a dashboard (940) of the vehicle supporting the sunshade (column 3, line 25), the sunshade comprising:
a body having a first elongated compartment (320),
a first retractable substrate (200) coupled to the first elongated compartment [FIG. 5], the first retractable substrate configured to retract within the first elongated compartment (column 3, lines 55-59), the first retractable substrate comprising a first attachment component (131) coupled to a first upper edge of the first retractable substrate [FIG. 1], and
a second attachment component (132) coupled to an upper edge of the retractable substrate [FIG. 1]
wherein the first attachment component is coupled to the first clip, and the second attachment component is coupled to the second clip [FIG. 4].
Pettit ‘447 does not disclose a collapsible body having first and second compartments and first and second substrates.
Nonetheless, Chen discloses a sunshade installed within a vehicle comprising a collapsible body (body including tubes 4, 5, 6) having a first elongated compartment (6) and a second elongated compartment (5) connected to and slidable along to the first elongated compartment (via rail 14), the first elongated compartment comprising a first inner end and a first outer end opposite the first inner end (opposing ends of the compartment 6, shown in at least Figure 5), and the second elongated compartment comprises a second inner end and a second outer end opposite the second inner end (opposing ends of the compartment 5, shown in at least Figure 5); a first retractable substrate (9) coupled to the first elongated compartment, the first retractable substrate configured to retract within the first elongated compartment [FIG. 3]; and a second retractable substrate (8) coupled to the second elongated compartment, the second retractable substrate configured to retract within the second elongated compartment [FIG. 3]; the system further comprising a compartment overlap between the first elongated compartment and the second elongated compartment wherein the first retractable substrate overlaps with the second retractable substrate when in a deployed state (the overlap of the compartments 6, 5 and the substrates 9, 8 are both shown in at least Figure 4, which depicts the deployed state).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sunshade system of Pettit ‘447 to include the collapsible body and multiple compartments/substrates taught by Chen, in order to provide a more compact arrangement of the system in a collapsed/stowed configuration, so as to make the system easier to transport, deploy and store.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Pettit ‘447 (U.S. Patent No. 10,807,447) in view of Chen (U.S. Patent No. 9,878,601), as applied to claim 15 above, and further in view of Miles (U.S. Patent No. 6,477,744).
Regarding claims 16-18, Pettit ‘447, as modified above, discloses the first and second clips, and that each of the first and second attachment components comprises a catch (161, 163) configured to engage with the first and second clips, but does not disclose a curved body of the clip.
Nonetheless, Miles discloses a clip (10) comprising a curved body [FIG. 2] extending from a first endpoint (at 14) to a second endpoint (at 30, 36), the clip further comprising a hook (14) disposed at the first endpoint [FIG. 2].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the clips of Pettit ‘447, as modified above, to have the configuration taught by Miles, in order to provide greater versatility and utility for the clips, so as to improve the usefulness for the end user, and to allow connection of the clips and the attachment components directly to the visor to better accommodate and cover different sizes or shapes of windshields.
Response to Arguments
Applicant's arguments filed 12/30/25 have been fully considered but they are not persuasive.
Applicant argues that Chen fails to disclose the second elongated compartment connected to and slidable along the first elongated compartment, but this argument is not found persuasive. Chen discloses that each of the compartments 7, 8 are coupled to the same base 2, as shown in at least Figure 7, and further discloses that the compartments are configured to slide relative to each other as shown in Figures 1-3. The limitation as recited in the claims does not require a direct connection between the compartments. In response to Applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a direct connection as opposed to indirectly coupling via the base) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). It is noted that should a direct connection between the compartments be recited in the claims, such a limitation may be taught by the relevant cited prior art--see US 6460593, US 1351403, or US 2498094.
Applicant argues that the couple elements as recited in claim 3 are not disclosed by Chen, but this argument is not found persuasive. The limitation “configured to fixedly couple to a portion of a vehicle” is met by Chen as set forth in the rejection above. This limitation is further considered to be a functional recitation. The assembly of Chen is inherently capable of being used to perform the claimed function and therefore meets the requirements of the limitation (see MPEP 2173.05(g)).
In response to Applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivation for providing the suction cups of Shikler on the assembly of Chen, or for providing the substrates of Chen with tapered sides as taught by Pettit would at least have been within the knowledge generally available to one of ordinary skill in the art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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/ABE MASSAD/Primary Examiner, Art Unit 3634