DETAILED ACTION
This action is a first action on the merits. The claims filed on January 31, 2024 have been entered. Claims 1-15 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
The application claims foreign priority to Chinese Patent Application No. CN2023230867710 filed on November 15, 2023.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: The recitation of “the slot” in lines 18 an 22 should likely be --the pivot shaft’s slot--. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: The recitation of “the protrusion” in line 2 should likely be --the first protrusion--. Appropriate correction is required.
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 1-15 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 1: Claim 1 recites the limitation "the feature" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the pivot shaft’s slot" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the operating component's pivot hole" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the hole wall" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Additionally, the recitation of “the feature” in line 10 is unclear as to what this is referring to. For example is this referring to a specific part or parts of the latching mechanism or is it just referring to the operating component and the pivot shaft being equipped with a locking structure. Appropriate correction and/or clarification is required.
Claim 7: The recitation of “the connecting plate” in line 2 is unclear as which of the two connecting plates of claim 6 is being referred to or is this referring to both of the connecting plates. Appropriate correction and/or clarification is required.
Claims 2-6 and 8-15 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: The claims contain allowable subject matter over the closest prior art “herein Williamson et al., US 2012/0187713 (hereinafter Williamson)”, and “herein Yue US 2010/0270824 (hereinafter Yue)”, for the following reasons:
Williamson discloses a latching mechanism for the truck bed cover (clamp mechanisms include a latch member, see abstract), comprising:
a connecting member (rod 96), configured to connect to the cover (cover 20) of the truck bed;
a clamp (clamp mechanism 50), configured to abut against the truck wall (side rails 28, 30 of wall 24);
an operating component (handle 80), configured for articulated connection to the clamp (50) (par [0048]);
a pivot shaft (elongated nut 98), configured for rotatable connection within the operating component's pivot hole (hole in handle 80 for inserting elongated nut 98 as shown in Fig 4), with the connecting member (rod 96) forming a fixed connection to the pivot shaft (96) (elongated nut 98 is disposed within the handle 80 for threadingly accepting the rod 96, par [0050]);
when the operating component (80) rotates relative to the pivot shaft (adjusted to accommodate various applications by rotating the handle 80 and moving the latch member 86 along the rod 96), it drives the connecting member to move vertically (see Fig 6A-6B, par [0050]);
wherein the feature is that the operating component (80) and the pivot shaft (98) are equipped with a locking structure (latch member 86) (par [0048]).
Williamson does not disclose the locking structure, including:
a locking tongue, installed in the pivot shaft's slot;
locking grooves, set on the hole wall of the pivot hole;
when the operating component rotates relative to the pivot shaft, the locking tongue extends from or retreats into the pivot shaft;
when the locking tongue extends from the pivot shaft, the top of the locking tongue presses against the locking groove, and the bottom of the locking tongue is located in the slot, causing the locking tongue to act between the operating component and the pivot shaft, thereby obstructing the rotation of the operating component;
when the locking tongue retreats into the pivot shaft, the top of the locking tongue releases from the locking groove, with the locking tongue as a whole located in the slot, relieving the effect of the locking tongue on the operating component and the pivot shaft, thus removing the obstruction to the rotation of the operating component.
Yue discloses a latching mechanism for the truck bed cover (flexible cover 1) (Fig 2), comprising:
a connecting member (clamp bolt 33), configured to connect to the cover (cover 20) of the truck bed (see Fig 3);
a clamp (grip element 34), configured to abut against the truck wall (side wall 41);
an operating component (handle 35), configured for articulated connection to the clamp (34) (handle 35 rotates with respect to the grip element 34 as indicated by arrow in Fig 3-4));
when the operating component (35) rotates relative to the pivot shaft (adjusted to accommodate various applications by rotating the handle 80 and moving the latch member 86 along the rod 96), it drives the connecting member to move vertically (see Fig 6A-6B, par [0050]).
Yue does not disclose a pivot shaft, configured for rotatable connection within the operating component's pivot hole, with the connecting member forming a fixed connection to the pivot shaft () ();
wherein the feature is that the operating component and the pivot shaft are equipped with a locking structure, including:
a locking tongue, installed in the pivot shaft's slot;
locking grooves, set on the hole wall of the pivot hole;
when the operating component rotates relative to the pivot shaft, the locking tongue extends from or retreats into the pivot shaft;
when the locking tongue extends from the pivot shaft, the top of the locking tongue presses against the locking groove, and the bottom of the locking tongue is located in the slot, causing the locking tongue to act between the operating component and the pivot shaft, thereby obstructing the rotation of the operating component;
when the locking tongue retreats into the pivot shaft, the top of the locking tongue releases from the locking groove, with the locking tongue as a whole located in the slot, relieving the effect of the locking tongue on the operating component and the pivot shaft, thus removing the obstruction to the rotation of the operating component.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosures of Shen et al., US 2022/0203813 (hereinafter Shen) which discloses a buckle locking structure for rear compartment cover of pickup trucks, Zheng, US 11,014,436 (hereinafter Zheng) which discloses the latch structure of a tonneau cover, Spencer et al., US 7,628,442 (hereinafter Spencer) which discloses a quick release clamp for tonneau cover, and Facchinello et al., US 2017/0066311 (hereinafter Facchinello) which discloses a tonneau cover system and side lock clamp are relevant to the claims but were not relied upon in a rejection.
Claims 1-15 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676