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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on November 14, 2025 is acknowledged.
Applicant has cancelled claims 97-108 drawn to the nonelected invention.
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 2, 3, 19, 20, 35, 70, 71, 73, and 85 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 2 requires the upper flap have at least a first magnet and then requires “the right flap being configured to receive therein the at least a first magnet” and “the left flap being configured to receive therein the at least a first magnet.” It is not understood how “the at least first magnet” is located in the upper flap and located in each of the different flaps? Claims 3, 19, 20, 35, 70, 71, 85 recite similar issues.
Claim 73 lacks antecedent basis for “the first weighted magnet” and “the second weighted magnet.” The claim does not depend from any claim previously defining first and second magnets.
In view of the 112 issues the claims are examined as best understood.
Examiner’s Note
In the rejections below, the dependent claims will be addressed in the order of dependency, not in the order of numerical value since some claims depend from later listed claims. For example, claim 2 depends from later listed claim 27 and thus claim 27 will be addressed before claim 2.
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.
Claims 1, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tusch (US 5,547,734).
Regarding claim 1, Tusch discloses a cover (Fig 1) for a transparent armament window of a vehicle (intended use, even so the cover can be used with a windscreen of a vehicle; col 4, line 3), comprising:
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a cover front face (Figs 1 and 3) comprising a protective cover top (a) secured (via glue, stitches, or sewing; col 4, lines 47-52) to a protective backing (g) with insulating material (b-f) therebetween (col 3, lines 29-33; col 4, lines 15-26),
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the cover front face including an upper side, a lower side, a right side, and a left side (Fig 1), the cover front face being configured to seat atop the transparent armament window of the vehicle with the upper side of the cover front face adjacent an upper edge of the transparent armament window (Fig 1; as best understood, a transparent armament window of the vehicle is structure of the intended use and the cover front face is capable of seating atop a vehicle window; Tusch teaches the cover may be applied to a vehicle and further states a windscreen; col 1, lines 4-6 and col 4, line 3), the lower side of the cover front face adjacent a lower edge of the transparent armament window, the right side of the cover front face adjacent a right edge of the transparent armament window, the left side of the front face adjacent a left edge of the transparent armament window (Fig 1; Tusch further discloses the cover is tailored to the desired shape of the article covered; col 3, lines 29-33).
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Regarding claim 5, Tusch discloses the insulating material comprising a radiant barrier (provided on layer “a”, infra red quality paint; col 4, lines 58-62) that blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device (avoids thermal imaging detection).
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Regarding claim 8, Tusch discloses wherein the insulating material within the cover front face provides padding that protects the transparent armament window from strikes and abrasions caused by natural materials (the material provides a degree of protection and the material thickness provides padding).
Claims 1, 8, 13, 75, 78, 81, 89, 94 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tosetto et al. (US 11,358,443), hereinafter referred to as Tosetto.
Regarding claim 1, Tosetto discloses a cover (10; Fig 1) for a transparent armament window of a vehicle (intended use), comprising:
a cover front face (Fig 4) comprising a protective cover top (123) secured to a protective backing (22, reinforcing material; col 2, line 65) with insulating material (125; col 3, lines 48-49) therebetween (Fig 4),
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the cover front face including an upper side, a lower side, a right side, and a left side,
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the cover front face being configured to seat atop the transparent armament window of the vehicle with the upper side of the cover front face adjacent an upper edge of the transparent armament window (Fig 1), the lower side of the cover front face adjacent a lower edge of the transparent armament window, the right side of the cover front face adjacent a right edge of the transparent armament window, the left side of the front face adjacent a left edge of the transparent armament window (Fig 1).
Regarding claim 8, Tosetto discloses wherein the insulating material within the cover front face provides padding that protects the transparent armament window from strikes and abrasions caused by natural materials (col 2, lines 30-44).
Regarding claim 13, Tosetto discloses an anchor tab (23) secured with the cover front face at each corner (Figs 1 and 2a show the anchor tab at the vicinity of the corners) thereof configured to engage with a tie down (24) securable to the vehicle (Fig 1).
Regarding claim 75, Tosetto discloses a cover for a transparent armament window of a vehicle, comprising:
an outer protective material (123); a protective backing material (22); an insulating material (125; Fig 4)); and
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the outer protective material being secured to the protective backing material with the insulating material therebetween (Fig 4) such that the cover is configured to fit over the transparent armament window of the vehicle (Fig 1).
Regarding claim 78, Tosetto discloses the cover being configured to fit over the transparent armament window (Fig 1) whereby the insulating material (125) seats atop the transparent armament window while the outer protective material (123) and the protective backing material (22) extend over the transparent armament window.
Regarding claim 81, Tosetto discloses the outer protective material (123) being secured to the protective backing material (22) with the insulating material (125) therebetween forms a cover front face (Fig 4 shows exposed 125 portion, thereby forming a covering front face).
Regarding claim 89, Tosetto discloses wherein the insulating material (125) between the outer protective material (123) and the protective backing material (22) provides padding that protects the transparent armament window from strikes and abrasions caused by natural materials (col 2, lines 30-44).
Regarding claim 94, Tosetto discloses an anchor tab (23) secured with the cover front face at each corner thereof configured to engage with a tie down (24) securable to the vehicle.
Claims 1, 24-27, 2, 4, 8, 16, 29-34, 36, 17, 39, 75, 76, 78, 79, 81-84, 86, and 89 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by anticipated by Peries (US 9,676,262).
Regarding claim 1, Peries discloses a cover (Fig 1) for a transparent armament window of a vehicle (intended use), comprising:
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a cover front face (Fig 1) comprising a protective cover top (2) secured (fused) to a protective backing (3) with insulating material (intermediate layer 6, which includes a bubble pack layer 7 which traps air and is between heat reflective layers 8, 9 and together serves as an insulating material) therebetween (Fig 5; col 3, line 47-col 4, line 3),
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the cover front face including an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the transparent armament window of the vehicle with the upper side of the cover front face adjacent an upper edge of the transparent armament window (Fig 10), the lower side of the cover front face adjacent a lower edge of the transparent armament window, the right side of the cover front face adjacent a right edge of the transparent armament window, the left side of the front face adjacent a left edge of the transparent armament window (Fig 10).
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Regarding claim 8, Peries discloses wherein the insulating material within the cover front face provides padding that protects the transparent armament window from strikes and abrasions caused by natural materials (7 provides cushioning, col 3, line 51).
Regarding claim 24, Peries discloses an upper flap (18) comprising a protective flap top (2) secured to a protective backing (3), the upper flap extending from the upper side of the cover front face (Fig 3), the upper flap being configured to pivot relative to the upper side of the cover front face whereby the upper flap folds over the transparent armament window at the upper edge thereof (Fig 10), and the upper flap being configured to secure to the vehicle when the upper flap extends over the upper edge of the transparent armament window thereby covering the transparent armament window at the upper edge.
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Regarding claim 25, Peries discloses a lower flap (21) comprising a protective flap top secured to a protective backing (3) therebetween, the lower flap extending from the lower side of the cover front face (Fig 3), the lower flap being configured to pivot relative to the lower side of the cover front face whereby the lower flap folds over the transparent armament window at the lower edge thereof, and the lower flap being configured to secure to the vehicle when the lower flap extends over the lower edge of the transparent armament window thereby covering the transparent armament window at the lower edge (Fig 10).
Regarding claim 26, Peries discloses a right flap (10 or 25) comprising a protective flap top (2) secured to a protective backing (3), the right flap extending from the right side of the cover front face (Fig 3), the right flap being configured to pivot relative to the right side of the cover front face whereby the right flap folds over the transparent armament window at the right edge thereof, and the right flap being configured to secure to the vehicle when the right flap extends over the right edge of the transparent armament window thereby covering the transparent armament window at the right edge (Fig 10).
Regarding claim 27, Peries disclose a left flap (10 or 25) comprising a protective flap top (2) secured to a protective backing (3), the left flap extending from the left side of the cover front face (Fig 3), the left flap being configured to pivot relative to the left side of the cover front face whereby the left flap folds over the transparent armament window at the left edge thereof, and the left flap being configured to secure to the vehicle when the left flap extends over the left edge of the transparent armament window thereby covering the transparent armament window at the left edge (Fig 10).
Regarding claim 2, as described in claim 27, as best understood, Peries further discloses the upper flap (18) being configured to receive therein at least a first magnet (19) that secures the upper flap to the vehicle when the upper flap extends over the upper edge of the transparent armament window; the lower flap (21) being configured to receive therein at least a first magnet (22) that secures the lower flap to the vehicle when the lower flap extends over the lower edge of the transparent armament window; the right flap (10 or 25) being configured to receive therein the at least a first magnet (13 or 26) that secures the right flap to the vehicle when the right flap extends over the right edge of the transparent armament window; and the left flap (10 or 24) being configured to receive therein the at least a first magnet (13 or 26) that secures the left flap to the vehicle when the left flap extends over the left edge of the transparent armament window (Fig 10).
Regarding claim 4, as described in claim 27, as best understood, Peries further discloses wherein the cover front face (1) including the insulating material (Figs 3 and 5) therein being configured to seat atop the transparent armament window and the upper, lower, right, and left flaps respectively folding over the upper, lower, right, and left edges of the transparent armament window blocks visible light signatures from interior of the vehicle (Fig 10).
Regarding claim 16, Peries discloses a cover (Fig 1) for a transparent armament window of a vehicle, comprising:
an outer protective material (2; Fig 5) dimensionally greater than the transparent armament window (1 is formed of layers shown in Fig 5 and fully covers and extends past the edges of the window as shown in Fig 10);
a protective backing material (3; Fig 5) dimensionally greater than the transparent armament window (1 is formed of layers shown in Fig 5 and fully covers and extends past the edges of the window as shown in Fig 10); and
an insulating material (6 formed of layers 4, 5, 7, 8, 9) inserted centrally between the outer protective material and the protective backing material (Fig 5), the insulating material being dimensionally similar to the transparent armament window such that insulating material is configured to seat atop the transparent armament window whereby the insulating ta blocks the transparent armament window to thermal transmissions (minimizes heat penetration; col 2, lines 62-67).
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Regarding claim 29, Peries discloses the outer protective material (2) being secured (via fusing) with the protective backing material (3) directly adjacent the insulating material (6) thereby sealing the insulating material (6) within the outer protective material and the protective backing material while forming a cover front face comprising a protective cover top secured to a protective backing with the insulating material therebetween (Fig 5).
Regarding claim 30, Peries discloses the cover front face including an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the transparent armament window of the vehicle with the upper side of the cover front face adjacent an upper edge of the transparent armament window (Fig 10), the lower side of the cover front face adjacent a lower edge of the transparent armament window, the right side of the cover front face adjacent a right edge of the transparent armament window, the left side of the front face adjacent a left edge of the transparent armament window (Fig 10).
Regarding claim 31, Peries discloses the outer protective material and the protective backing material extending from the upper side of the cover front face being secured to form an upper flap (18) comprising a protective flap top (2) secured to a protective backing (3), the upper flap being configured to pivot relative to the upper side of the cover front face whereby the upper flap folds over the transparent armament window at the upper edge thereof, and the upper flap being configured to secure to the vehicle when the upper flap extends over the upper edge of the transparent armament window thereby covering the transparent armament window at the upper edge (Fig 10).
Regarding claim 32, Peries discloses the outer protective material (2) and the protective backing material (3) extending from the lower side of the cover front face being secured to form a lower flap (21) comprising a protective flap top secured to a protective backing, the lower flap being configured to pivot relative to the lower side of the cover front face whereby the lower flap folds over the transparent armament window at the lower edge thereof, and the lower flap being configured to secure to the vehicle when the lower flap extends over the lower edge of the transparent armament window thereby covering the transparent armament window at the lower edge (Fig 10).
Regarding claim 33, Peries discloses the outer protective material and the protective backing material extending from the right side of the cover front face being secured to form a right flap (10 or 25) comprising a protective flap top secured to a protective backing, the right flap being configured to pivot relative to the right side of the cover front face whereby the right flap folds over the transparent armament window at the right edge thereof, and the right flap being configured to secure to the vehicle when the right flap extends over the right edge of the transparent armament window thereby covering the transparent armament window at the right edge (Figs 3 and 10).
Regarding claim 34, Peries discloses the outer protective material and the protective backing material extending from the left side of the cover front face being secured to form a left flap (10 or 25) comprising a protective flap top secured to a protective backing, the left flap being configured to pivot relative to the left side of the cover front face whereby the left flap folds over the transparent armament window at the left edge thereof, and the left flap being configured to secure to the vehicle when the left flap extends over the left edge of the transparent armament window thereby covering the transparent armament window at the left edge (Figs 3 and 10).
Regarding claim 17, Peries discloses the upper flap being configured to receive therein at least a first magnet (19) that secures the upper flap to the vehicle when the upper flap extends over the upper edge of the transparent armament window; the lower flap being configured to receive therein at least a first magnet (22) that secures the lower flap to the vehicle when the lower flap extends over the lower edge of the transparent armament window; the right flap being configured to receive therein at least a first magnet (13 or 26) that secures the right flap to the vehicle when the right flap extends over the right edge of the transparent armament window; and the left flap being configured to receive therein at least a first magnet (13 or 26) that secures the left flap to the vehicle when the left flap extends over the left edge of the transparent armament window.
Regarding claim 36, wherein the cover front face including the insulating material therein being configured to seat atop the transparent armament window and the upper, lower, right, and left flaps respectively folding over the upper, lower, right, and left edges of the transparent armament window blocks visible light signatures (sunshade blocks UV and light) from interior of the vehicle (Fig 10).
Regarding claim 39, Peries discloses wherein the insulating material between the outer protective material and the protective backing material provides padding (layer 7 provides cushioning) that protects the transparent armament window from strikes and abrasions caused by natural materials.
Regarding claim 75, Peries discloses a cover for a transparent armament window of a vehicle, comprising:
an outer protective material (2);
a protective backing material (3);
an insulating material (6); and
the outer protective material being secured (via fusing) to the protective backing material with the insulating material therebetween such that the cover is configured to fit over the transparent armament window of the vehicle (Figs 5 and 10).
Regarding claim 76, Peries discloses wherein the cover, when fit over the transparent armament window, blocks visible light signatures from interior of the vehicle (sunshade blocks light).
Regarding claim 78, Peries discloses the cover being configured to fit over the transparent armament window whereby the insulating material seats atop the transparent armament window while the outer protective material and the protective backing material extend over the transparent armament window (Fig 10).
Regarding claim 79, Peries discloses wherein the cover, when seated atop the transparent armament window with the insulating material seated atop the transparent armament window and the outer protective material and the protective backing material extending over the transparent armament window (Fig 10), blocks visible light signatures from interior of the vehicle (sunshade blocks light).
Regarding claim 81, Peries discloses wherein the outer protective material being secured to the protective backing material with the insulating material therebetween forms a cover front face (the layers together form a front face).
Regarding claim 82, Peries discloses an upper flap (18) extending from an upper side of the cover front face; a lower flap (21) extending from a lower side of the cover front face; a right flap (10 or 25) extending from a right side of the cover front face; and a left flap (10 or 25) extending from a left side of the cover front face (Fig 3).
Regarding claim 83, Peries discloses the cover being configured to fit over the transparent armament window whereby the cover front face seats atop the transparent armament window while the upper, lower, right, and left flaps respectively fold over upper, lower, right, and left edges of the transparent armament window (Fig 10).
Regarding claim 84, Peries discloses wherein the upper flap being configured to receive therein at least a first magnet (19) that secures the upper flap to the vehicle when the upper flap extends over the upper edge of the transparent armament window; the lower flap being configured to receive therein at least a first magnet (22) that secures the lower flap to the vehicle when the lower flap extends over the lower edge of the transparent armament window; the right flap being configured to receive therein at least a first magnet (13 or 26) that secures the right flap to the vehicle when the right flap extends over the right edge of the transparent armament window; and the left flap being configured to receive therein at least a first magnet (13 or 26) that secures the left flap to the vehicle when the left flap extends over the left edge of the transparent armament window.
Regarding claim 86, Peries discloses wherein the cover front face seating atop the transparent armament window and the upper, lower, right, and left flaps respectively folding over the upper, lower, right, and left edges of the transparent armament window (Fig 10) block visible light signatures from interior of the vehicle (sunshade blocks light)
Regarding claim 89, Peries discloses wherein the insulating material between the outer protective material and the protective backing material provides padding (cushioning) that protects the transparent armament window from strikes and abrasions caused by natural materials.
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, 47-51, 19, 55-64, and 68-70 are rejected under 35 U.S.C. 103 as being unpatentable over Peries in view of Chen (US 5,816,641).
Regarding claim 18, as similarly discussed above Peries discloses a cover for a first transparent armament window and a second transparent armament, window of a vehicle (intended use), comprising:
a cover front face (Fig 1) comprising a protective cover top (2) secured (fused) to a protective backing (3) with insulating material (intermediate layer 6, which includes a bubble pack layer 7 which traps air and is between heat reflective layers 8, 9 and together serves as an insulating material) therebetween (Fig 5; col 3, line 47-col 4, line 3),
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the cover front face including an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the first armament window (Fig 10), the lower side of the cover front face adjacent a lower edge of the first armament window (Fig 10), the right side of the cover front face adjacent a right edge of the first transparent armament window, the left side of the front face adjacent a left edge of the first transparent armament window.
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As best understood, the first and second transparent armament windows are structure of the intended use and as discussed above the structure is configured to cover one armament window not configured to cover a first and second armament window. However, it known for a cover to cover two windows, as taught by Chen. Chen teaches an insulative cover (2) covering first and second windows of a vehicle such that an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the first and second transparent armament windows of the vehicle with the upper side of the cover front face adjacent an upper edge of the first and second transparent armament windows, the lower side of the cover front face adjacent a lower edge of the first and second transparent armament windows, the right side of the cover front face adjacent a right edge of the first transparent armament window, the left side of the front face adjacent a left edge of the second transparent armament window (Fig 2 of Chen, copied below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to configure the cover of Peries such that it covers first and second transparent armament windows since it is a known technique to cover multiple windows of a vehicle, as taught by Chen.
Regarding claim 47, Peries as modified with Chen discloses an upper flap (18) comprising a protective flap top (2) secured to a protective backing (3), the upper flap extending from the upper side of the cover front face (Fig 3), the upper flap being configured to pivot relative to the upper side of the cover front face whereby the upper flap folds over the first and second transparent armament windows at the upper edge thereof (Fig 10 of Peries as modified with Fig 2 of Chen), and the upper flap being configured to secure to the vehicle when the upper flap extends over the upper edge of the first and second transparent armaments window thereby covering the transparent armament window at the upper edges.
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Regarding claim 48 modified Peries discloses a lower flap (21) comprising a protective flap top secured to a protective backing therebetween, the lower flap extending from the lower side of the cover front face, the lower flap being configured to pivot relative to the lower side of the cover front face whereby the lower flap folds over the first and second transparent armament windows at the lower edges thereof (onto the door panels, as taught by Chen), and the lower flap being configured to secure to the vehicle when the lower flap extends over the lower edges of the first and second transparent armament windows thereby covering the first and second transparent armament windows at the lower edges.
Regarding claim 49, modified Peries discloses a right flap (10 or 25) comprising a protective flap top secured to a protective backing, the right flap extending from the right side of the cover front face, the right flap being configured to pivot relative to the right side of the cover front face whereby the right flap folds over the first transparent armament window at the right edge thereof, and the right flap being configured to secure to the vehicle when the right flap extends over the right edge of the first transparent armament window thereby covering the first transparent armament window at the right edge.
Regarding claim 50, modified Peries discloses a left flap (10 or 25) comprising a protective flap top secured to a protective backing, the left flap extending from the left side of the cover front face, the left flap being configured to pivot relative to the left side of the cover front face whereby the left flap folds over the second transparent armament window at the left edge thereof, and the left flap being configured to secure to the vehicle when the left flap extends over the left edge of the second transparent armament window thereby covering the second transparent armament window at the left edge.
Regarding claim 51, modified Peries discloses wherein the cover front face including the insulating material therein being configured to seat atop the transparent armament window, the upper flap folding over the first and second transparent armament windows at the upper edge thereof, the lower flap folding over the first and second transparent armament windows at the lower edge thereof, the right flap folding over the first transparent armament window at the right edge thereof, and the left flap folding over the second transparent armament window at the left edge thereof block visible light signatures from interior of the vehicle.
Regarding claim 19, modified Peries discloses the upper flap being configured to receive therein at least a first magnet (19) that secures the upper flap to the vehicle when the upper flap extends over the upper edges of the first and second transparent armament windows; the lower flap being configured to receive therein a first weighted magnet (22) and a second weighted magnet (22) that secure the lower flap to the vehicle when the lower flap extends over the lower edges of the first and second transparent armament windows; the right flap being configured to receive therein the at least a first magnet (13 or 26) that secures the right flap to the vehicle when the right flap extends over the right edge of the first transparent armament window; and the left flap being configured to receive therein the at least a first magnet (13 or 26) that secures the left flap to the vehicle when the left flap extends over the left edge of the second transparent armament window (Figs 3 and 10 of Peries as modified in view of Fig 2 of Chen).
Regarding claim 55, modified Peries discloses wherein the insulating material within the cover front face provides padding (7 provides cushioning) that protects the transparent armament window from strikes and abrasions caused by natural materials.
Regarding claim 56, Peries fails to disclose an anchor tab secured with the cover front face at each corner thereof configured to engage with a tie down securable to the vehicle. Instead Peries relies on magnets. However, Chen teaches that it is known for a cover to include anchor tabs (at 52, Fig 1) that are configured to engage with a tie down securable to the vehicle (5 and 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries and further provide anchor tabs and tie downs since it is a known technique for securing a cover to a vehicle, as taught by Chen.
Regarding claim 57, as similarly discussed above, Peries discloses a cover for a first transparent armament window and a second transparent armament window of a vehicle (directed to an intended use), comprising:
an outer protective material (1 has layer 2) dimensionally greater than the first transparent armament window and the second transparent armament window;
a protective backing material (1 has layer 3) dimensionally greater than the first transparent armament window; and
an insulating material (6) inserted centrally between the outer protective material and the protective backing material, the insulating material being dimensionally similar to the first transparent armament window (Fig 10) configured to seat atop the first transparent armament window whereby the insulating material blocks the first transparent armament window thermal transmissions (insulation prevents thermal transmission).
As best understood, the first and second transparent armament windows are structure of the intended use and as discussed above the structure is configured to cover one armament window not configured to cover a first and second armament windows. However, it, it known for a cover to cover two windows, as taught by Chen. Chen teaches an insulative cover (2) covering first and second windows of a vehicle such that an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the first and second transparent armament windows (Fig 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to configure the cover of Peries such that it covers first and second transparent armament windows since it is a known technique to cover multiple windows of a vehicle, as taught by Chen. As modified, the outer protective material, the protective backing material, and the insulating material is configured to seat atop the first transparent armament window and the second transparent armament window whereby the insulating material blocks the first transparent armament window and the second transparent armament window to thermal transmissions.
Regarding claim 58, modified Peries discloses the outer protective material (2) being secured (via fusing) with the protective backing material (3) directly adjacent the insulating material (6) thereby sealing the insulating material (6) within the outer protective material and the protective backing material while forming a cover front face comprising a protective cover top secured to a protective backing with the insulating material therebetween (Fig 5).
Regarding claim 59, Peries as modified with Chen above teaches the cover front face including an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the transparent armament window of the vehicle with the upper side of the cover front face adjacent an upper edge of the first and second transparent armament windows (Fig 10 of Peries modified as Fig 2 of Chen), the lower side of the cover front face adjacent a lower edge of the first and second transparent armament windows, the right side of the cover front face adjacent a right edge of the first transparent armament window, the left side of the front face adjacent a left edge of the second transparent armament window.
Regarding claim 60, modified Peries discloses the outer protective material (2) and the protective backing material (3) extending from the upper side of the cover front face being secured to form an upper flap (18) comprising a protective flap top secured to a protective backing, the upper flap being configured to pivot relative to the upper side of the cover front face whereby the upper flap folds over the first and second transparent armament windows at the upper edges thereof, and the upper flap being configured to secure to the vehicle when the upper flap extends over the upper edges of the first and second transparent armament windows thereby covering the first and second transparent armament windows at the upper edges (Fig 10 of Peries as modified in view of Fig 2 of Chen).
Regarding claim 61, modified Peries discloses the outer protective material (2) and the protective backing material (3) extending from the lower side of the cover front face being secured to form a lower flap (21) comprising a protective flap top secured to a protective backing, the lower flap being configured to pivot relative to the lower side of the cover front face whereby the lower flap folds over the first and second transparent armament windows at the lower edges thereof, and the lower flap being configured to secure to the vehicle when the lower flap extends over the lower edges of the first and second transparent armament windows thereby covering the first and second transparent armament windows at the lower edges (Fig 10 of Peries as modified in view of Fig 2 of Chen).
Regarding claim 62, modified Peries discloses the outer protective material and the protective backing material extending from the right side of the cover front face being secured to form a right flap (10 or 25) comprising a protective flap top secured to a protective backing, the right flap being configured to pivot relative to the right side of the cover front face whereby the right flap folds over the first transparent armament window at the right edge thereof, and the right flap being configured to secure to the vehicle when the right flap extends over the right edge of the first transparent armament window thereby covering the first transparent armament window at the right edge (Fig 10 of Peries as modified in view of Fig 2 of Chen).
Regarding claim 63, modified Peries discloses the outer protective material and the protective backing material extending from the left side of the cover front face being secured to form a left flap (10 or 25) comprising a protective flap top secured to a protective backing, the left flap being configured to pivot relative to the left side of the cover front face whereby the left flap folds over the second transparent armament window at the left edge thereof, and the left flap being configured to secure to the vehicle when the left flap extends over the left edge of the second transparent armament window thereby covering the second transparent armament window at the left edge (Fig 10 of Peries as modified in view of Fig 2 of Chen).
Regarding claim 64, modified Peries in view of Chen discloses wherein the cover front face including the insulating material therein being configured to seat atop the transparent armament window, the upper flap folding over the first and second transparent armament windows at the upper edges thereof, the lower flap folding over the first and second transparent armament windows at the lower edges thereof, the right flap folding over the first transparent armament window at the right edge thereof, and the left flap folding over the second transparent armament window at the left edge thereof block visible light signatures from interior of the vehicle.
Regarding claim 68, modified Peries discloses wherein the insulating material within the cover front face provides padding (7 provides cushioning) that protects the transparent armament window from strikes and abrasions caused by natural materials.
Regarding claim 69, Peries fails to disclose an anchor tab secured with the cover front face at each corner thereof configured to engage with a tie down securable to the vehicle. Instead Peries relies on magnets. However, Chen teaches that it is known for a cover to include anchor tabs (at 52, Fig 1) that are configured to engage with a tie down securable to the vehicle (5 and 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries and further provide anchor tabs and tie downs since it is a known technique for securing a cover to a vehicle, as taught by Chen.
Regarding claim 70, modified Peries discloses the upper flap being configured to receive therein at least a first magnet (19) that secures the upper flap to the vehicle when the upper flap extends over the upper edges of the first and second transparent armament windows; the lower flap being configured to receive therein a first weighted magnet (22) and a second weighted magnet (22) that secure the lower flap to the vehicle when the lower flap extends over the lower edges of the first and second transparent armament windows; the right flap being configured to receive therein the at least a first magnet (13 or 26) that secures the right flap to the vehicle when the right flap extends over the right edge of the first transparent armament window; and the left flap being configured to receive therein the at least a first magnet (13 or 26) that secures the left flap to the vehicle when the left flap extends over the left edge of the second transparent armament window (Figs 3 and 10 of Peries as modified in view of Fig 2 of Chen).
Claims 3, 35, and 85 are rejected under 35 U.S.C. 103 as being unpatentable over Peries, as applied in claims 2, 17, and 84 above, in further view of Singleton (US 9,061,575).
Regarding claims 3, 35, and 85, although Peries discloses upper, lower, left, and right flaps with each have at least one magnet, Peries teaches that the magnets are embedded and fails to teach pockets. However, Singleton teaches that it is known to provide magnets of a vehicle cover within pockets (Figs 2A and 2B) to allow securement of the cover to the vehicle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries such that the magnets are provided in pockets since it is a known technique for equivalently securing magnets to a cover, as taught by Singleton. As modified, Peries is provided with an upper pocket formed in the upper flap, the upper pocket being configured to receive therein the at least a first magnet that secures the upper flap to the vehicle when the upper flap extends over the upper edge of the transparent armament window; a lower pocket formed in the lower flap, the lower pocket being configured to receive therein the at least a first magnet that secures the lower flap to the vehicle when the lower flap extends over the lower edge of the transparent armament window; a right pocket formed in the right flap, the right pocket being configured to receive therein the at least a first magnet that secures the right flap to the vehicle when the right flap extends over the right edge of the transparent armament window; and a left pocket formed in the left flap, the left side pocket being configured to receive therein the at least a first magnet that secures the left flap to the vehicle when the left flap extends over the left edge of the transparent armament window.
Claims 9-11, 40-43, and 90-93 are rejected under 35 U.S.C. 103 as being unpatentable over Peries, as applied in claims 1, 29, and 81 above, in further view of Kim (KR 20-2015-0001415).
Regarding claims 9-11, 40-43, and 90-93, although Peries discloses the cover having the cover front face, Peries fails to teach that the cover front face includes an opening therethrough that allows the cover to fit over a platform extending from the vehicle in a location that places the platform over the transparent armament window and a screen to close the opening. However, Kim teaches that it is known to have an opening in a vehicle cover (Fig 4) that allows the cover to fit over a platform (black box unit) extending from the vehicle in a location that places the platform (black box unit) over the window (Fig 4).
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Kim further teaches a screen (300) secured to the cover adjacent the opening whereby the screen is sized to seat over and close the opening (Fig 2) and a magnet (410) inserted into the screen, when the screen is lifted from the opening, maintains the screen lifted from the opening through contact with the vehicle; and a magnet (430) located within the cover front face in alignment with the magnet of the screen, when the screen is closed over the opening, works with the magnet of the screen to maintain the screen closed over the opening. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries with the teachings of Kim and provide an opening and screen in the manner taught by Kim in order to allow passage of a platform (black box unit). As modified, the screen includes therein an insulating material (as taught by Peries).
Claims 14, 45, and 95 are rejected under 35 U.S.C. 103 as being unpatentable over Peries, as applied in claims 27, 34, and 82 above, in further view of Chen.
Regarding claims 14, 45, and 95, although Peries teaches upper, lower, left and right flaps, as best understood, they are not configured to cover first and second armament windows and instead only configured to cover one. However, it known for a cover to cover two windows, as taught by Chen. Chen teaches an insulative cover (2) covering first and second windows of a vehicle such that an upper side, a lower side, a right side, and a left side, the cover front face being configured to seat atop the first and second transparent armament windows of the vehicle with the upper side of the cover front face adjacent an upper edge of the first and second transparent armament windows, the lower side of the cover front face adjacent a lower edge of the first and second transparent armament windows, the right side of the cover front face adjacent a right edge of the first transparent armament window, the left side of the front face adjacent a left edge of the second transparent armament window (Fig 2 of Chen, copied below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to configure the cover of Peries such that it covers first and second transparent armament windows since it is a known technique to cover multiple windows of a vehicle, as taught by Chen. As modified, Peries in view of Chen is provided with a first transparent armament window and a second transparent armament window, wherein: the upper flap of Peries folds over the first and second transparent armament windows at upper edges thereof whereby the upper flap extends over the upper edges of the first and second transparent armament windows and secures to the vehicle; the lower flap of Peries folds over the first and second transparent armament windows at lower edges thereof whereby the lower flap extends over the lower edges of the first and second transparent armament windows and secures to the vehicle; the right flap folds over the first transparent armament window at a right edge thereof whereby the right flap extends over the right edge of the first transparent armament window and secures to the vehicle; and the left flap folds over the second transparent armament window at a left edge thereof whereby the left flap extends over the left edge of the second transparent armament window and secures to the vehicle.
Claims 15, 21, 22, 46, 72, 73, and 96 are rejected under 35 U.S.C. 103 as being unpatentable over Peries and Chen, as applied in claims 14, 18, 19, 45, 59, 63, and 95 above, in further view of Niyogi (US 9,126,475).
Regarding claims 15, 21, 22, 46, 72, 73, and 96, although Peries in view of Chen teach the cover spans the first and second armament windows, Peries in view of Chen fails to disclose a guide centrally located in the cover front face adjacent the lower side thereof, the guide including dimensions whereby the guide spans a gap between the first transparent armament window and the second transparent armament window such that placement of the cover atop the first and second transparent armament windows with the guide therebetween ensures the insulating material of the cover seats atop both the first and second transparent armament windows. However, Niyogi teaches the technique of incorporating a guide (48) spanning a gap (between two panels 18) wherein the gap divides the lower flap into a first flap section and a second flap section. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to incorporate a guide indicating the proper positioning via a gap between two panels covering two windows, as taught by Niyogi. As modified, the lower flap of Peries is provided with a gap to form first and second flap sections to indicate the coverage of the first and second windows, therefore the first lower flap section being configured to pivot relative to the lower side of the cover front face whereby the first lower flap section folds over the first transparent armament window at the lower edge thereof, and the first lower flap section being configured to receive therein the first weighted magnet that secures the first lower flap section to the vehicle when the first lower flap section extends over the lower edge of the first transparent armament window thereby covering the first transparent armament window at the lower edge; and the second lower flap section being configured to pivot relative to the lower side of the cover front face whereby the second lower flap section folds over the second transparent armament window at the lower edge thereof, and the second lower flap section being configured to receive therein the second weighted magnet that secures the second lower flap section to the vehicle when the second lower flap section extends over the lower edge of the second transparent armament window thereby covering the second transparent armament window at the lower edge with the guide centrally located in the cover front face adjacent the lower side thereof, the guide including dimensions whereby the guide spans a gap between the first transparent armament window and the second transparent armament window such that placement of the cover atop the first and second transparent armament windows with the guide therebetween ensures the insulating material of the cover seats atop both the first and second transparent armament windows.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Peries, Chen, and Niyogi, as applied in claim 22 above, in further view of Singleton.
Regarding claim 23, although Peries discloses upper, lower, left, and right flaps with each have at least one magnet, Peries teaches that the magnets are embedded and fails to teach pockets. However, Singleton teaches that it is known to provide magnets of a vehicle cover within pockets (Figs 2A and 2B) to allow securement of the cover to the vehicle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries such that the magnets are provided in pockets since it is a known technique for equivalently securing magnets to a cover, as taught by Singleton. As modified, Peries is provided with a first lower pocket section formed in the first lower flap section, the first lower pocket section being configured to receive therein the first weighted magnet that secures the first lower flap section to the vehicle when the first lower flap section extends over the lower edge of the first transparent armament window; an second lower pocket section formed in the second lower flap section, the second lower pocket section being configured to receive therein the second weighted magnet that secures the second lower flap section to the vehicle when the second lower flap section extends over the lower edge of the second transparent armament window.
Claims 28, 6, 7, 37, 38, 77, 80, 87, and 88 are rejected under 35 U.S.C. 103 as being unpatentable over Peries, as applied in claims 27, 34, 75, 78, 83 above, in further view of Tusch.
Regarding claims 28, 6, 7, 37, 38, 77, 80, 87, and 88, Peries teaches the cover includes the insulating layer blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle, wherein the upper, lower, right, and left flaps respectively folding over the upper, lower, right, and left edges of the transparent armament window blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle (shade material blocks light and is insulative). Peries fails to teach a radiant barrier that blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device and wherein the upper, lower, right, and left flaps include therein an insulating material such that folding of the upper, lower, right, and left flaps respectively over the upper, lower, right, and left edges of the transparent armament window blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device. However, Tusch discloses an insulating material comprising a radiant barrier (provided on layer “a”, infra red quality paint; col 4, lines 58-62) that blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device (avoids thermal imaging detection).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a radiant barrier to the materials of Peries since it is known to prevent detection by thermal imaging devices, as taught by Tusch. All the elements were known in the prior art and such modification would not lead to any new or unpredictable results.
Claims 20 and 71 are rejected under 35 U.S.C. 103 as being unpatentable over Peries and Chen, as applied in claims 19 and 70 above, in further view of Singleton.
Regarding claim 20, although Peries discloses upper, lower, left, and right flaps with each have at least one magnet, Peries teaches that the magnets are embedded and fails to teach pockets. However, Singleton teaches that it is known to provide magnets of a vehicle cover within pockets (Figs 2A and 2B) to allow securement of the cover to the vehicle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries such that the magnets are provided in pockets since it is a known technique for equivalently securing magnets to a cover, as taught by Singleton. As modified, Peries is provided with an upper pocket formed in the upper flap, the upper pocket being configured to receive therein the at least a first magnet that secures the upper flap to the vehicle when the upper flap extends over the upper edges of the first and second transparent armament windows; a lower pocket formed in the lower flap, the lower pocket being configured to receive therein the first and second weighted magnets that secure the lower flap to the vehicle when the lower flap extends over the lower edges of the first and second transparent armament windows; a right pocket formed in the right flap, the right pocket being configured to receive therein the at least a first magnet that secures the right flap to the vehicle when the right flap extends over the right edge of the first transparent armament window; and a left pocket formed in the left flap, the left side pocket being configured to receive therein the at least a first magnet that secures the left flap to the vehicle when the left flap extends over the left edge of the second transparent armament window.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Peries, as applied in claim 29 above, in further view of Chen.
Regarding claim 44, Peries fails to disclose an anchor tab secured with the cover front face at each corner thereof configured to engage with a tie down securable to the vehicle. Instead Peries relies on magnets. However, Chen teaches that it is known for a cover to include anchor tabs (at 52, Fig 1) that are configured to engage with a tie down securable to the vehicle (5 and 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries and further provide anchor tabs and tie downs since it is a known technique for securing a cover to a vehicle, as taught by Chen.
Claims 52-54 and 65-67 are rejected under 35 U.S.C. 103 as being unpatentable over Peries and Chen, as applied in claims 18, 50, 57, and 63 above, in further view of Tusch.
Regarding claims 52-54 and 65-67, Peries teaches the cover includes the insulating layer blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle, wherein the upper, lower, right, and left flaps respectively folding over the upper, lower, right, and left edges of the transparent armament window blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle (shade material blocks light and is insulative). Peries fails to teach a radiant barrier that blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device and wherein the upper, lower, right, and left flaps include therein an insulating material such that folding of the upper, lower, right, and left flaps respectively over the upper, lower, right, and left edges of the transparent armament window blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device. However, Tusch discloses an insulating material comprising a radiant barrier (provided on layer “a”, infra red quality paint; col 4, lines 58-62) that blocks thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device (avoids thermal imaging detection).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a radiant barrier to the materials of Peries since it is known to prevent detection by thermal imaging devices, as taught by Tusch. All the elements were known in the prior art and such modification would not lead to any new or unpredictable results. As modified the insulating material comprising a radiant barrier and the upper, lower, right, and left flaps including therein an insulating material such that folding of the upper flap over the first and second transparent armament windows at the upper edges thereof, the lower flap over the first and second transparent armament windows at the lower edges thereof, the right flap over the first transparent armament window at the right edge thereof, and the left flap over the second transparent armament window at the left edge thereof block thermal signatures from interior of the vehicle thereby preventing viewing into the interior of the vehicle from exterior of the vehicle using a thermal imaging device.
Claim 74 is rejected under 35 U.S.C. 103 as being unpatentable over Peries, Chen, and Niyogi, as applied in claim 73 above, in further view of Singleton.
Regarding claim 74, although Peries discloses upper, lower, left, and right flaps with each have at least one magnet, Peries teaches that the magnets are embedded and fails to teach pockets. However, Singleton teaches that it is known to provide magnets of a vehicle cover within pockets (Figs 2A and 2B) to allow securement of the cover to the vehicle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Peries such that the magnets are provided in pockets since it is a known technique for equivalently securing magnets to a cover, as taught by Singleton. Modified Peries is further provided with a first lower pocket section formed in the first lower flap section, the first lower pocket section being configured to receive therein the first weighted magnet that secures the first lower flap section to the vehicle when the first lower flap section extends over the lower edge of the first transparent armament window; and a second lower pocket section formed in the second lower flap section, the second lower pocket section being configured to receive therein the second weighted magnet that secures the second lower flap section to the vehicle when the second lower flap section extends over the lower edge of the second transparent armament window.
Conclusion
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634
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