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 .
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.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In line 2 of claim 13, the recitation of “a side cover” is confusing and unclear. It is not clear if this side cover is one of the first or second side covers recited in claim 1, or if a different side cover is meant. When applying prior art, Examiner interprets this limitation to mean one of, or both, the first and second covers recited in claim.
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 1-4, 6-7, 10, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US Pat 5,590,974).
Regarding claim 1, Yang discloses a system for covering two or more containers, comprising: one or more corner components 10 configured to be positioned at corners of the two or more containers (see Figures 3-5; Col. 2, lines 34-41); one or more elongated components 40 configured to be positioned between sides of the two or more containers (see Figures 3-5; Col. 2, lines 54-59); one or more side supporting components 20 positioned at the sides of the two or more containers (see Figures 3-5; Col. 2, lines 34-41); wherein at least one of the one or more elongated component 40 is formed with a socket 43 configured to accommodate an extension 31 of at least one of the one or more side supporting components 20 such that the at least one elongated component 40 and the at least one side supporting component 20 are securely connected (see Figures 5-5A; Col. 2, lines 48-67); wherein the one or more elongated components 40 include a center cover, a first side cover, and a second side cover, wherein the first side cover is connected to a first end of the center cover, wherein the second side cover is connected to a second end of the center cover, and wherein the first end is opposite to the second end (see annotated Figure 5 below; Col. 2, lines 54-59). The shelving system of Yang contains items, making each shelf a container and because there are multiple levels of shelves, the upper shelves act as covers, as well as containers.
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Regarding claim 2, Yang discloses the system of claim 1, wherein the one or more corner components 10 include a two-end corner component (see Figure 3; Col. 2, lines 45-51). The corner component has six ends 11, which is more than two.
Regarding claim 3, Yang discloses the system of claim 1, wherein the one or more corner components 10 include a three-end corner component (see Figure 3; Col. 2, lines 45-51). The corner component has six ends 11, which is more than three.
Regarding claim 4, Yang discloses the system of claim 1, wherein the one or more corner components 10 include a four-end corner component (see Figure 3; Col. 2, lines 45-51). The corner component has six ends 11, which is more than four.
Regarding claim 6, Yang discloses the system of claim 1, wherein the first side cover includes first connecting members 41, wherein the center cover includes second connecting members 41 (see annotated Figure 5 above), and wherein the center cover and the first side cover are connected by the first and second connecting members 41 (see Figure 5 and annotated Figure 5 above; Col. 2, lines 54-67).
Regarding claim 7, Yang discloses the system of claim 6, wherein the first and second connecting members are positioned interposingly (see annotated Figure 5 above; Col. 2, lines 54-67).
Regarding claim 10, Yang discloses the system of claim 1, wherein the one or more side supporting components 20 includes an insert 30 configured to be positioned in a recess of the two or more containers (see Figure 3; Col. 2, lines 34-45).
Regarding claim 12, Yang discloses the system of claim 1, wherein the one or more corner components 10 includes a center element and at least two external elements 11 (see Figure 3; Col. 2, lines 34-41).
Regarding claim 13, Yang discloses the system of claim 1, wherein the one or more elongated components 40 includes a center cover and a side cover, and wherein the center cover and the side cover are integrally formed (see Figure 5 and annotated Figure 5 above). The center cover and side cover are essential to completeness of the system, making their formation integral to the system, or “integrally formed”.
Regarding claim 14, Yang discloses the system of claim 1, wherein the extension 31 of at least one of the one or more side supporting components 20 includes a rounded extension (see Figures 3-5A; Col. 2, lines 41-45). The extension 31 is cylindrical, making it rounded along its length.
Regarding claim 15, Yang discloses the system of claim 1, wherein the socket 43 includes a rounded socket (see Figures 3-5A; Col. 2, lines 60-67). The socket 43 is a round hole, making it a “rounded socket”.
Claims 1-2, 6-9, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yue (US Pat 9,333,842).
Regarding claim 1, Yue discloses a system for covering two or more containers, comprising: one or more corner components 314 configured to be positioned at corners of the two or more containers (see Figures 4-5; Col. 7, lines 22-52); one or more elongated components 31, 32, 35, 36 configured to be positioned between sides of the two or more containers; one or more side supporting components 311, 321 positioned at the sides of the two or more containers (see Figures 4-5 and 11A; Col. 6, line 66-Col. 7, line 5; Col. 7, lines 53-59); wherein at least one of the one or more elongated component 312 is formed with a socket configured to accommodate an extension 311b of at least one of the one or more side supporting components 311 such that the at least one elongated component 312 and the at least one side supporting component 311 are securely connected (see Figure 4A; Col. 7, lines 22-41); wherein the one or more elongated components include a center cover 32, a first side cover 31, and a second side cover 35, wherein the first side cover 31 is connected to a first end of the center cover 32, wherein the second side cover 35 is connected to a second end of the center cover 32, and wherein the first end is opposite to the second end (see Figures 4-5 and 11A; Col. 7, lines 1-5; Col. 7, lines 53-59; Col. 11, lines 14-29). Yue is a tonneau cover used to cover a truck bed, or “container”, that holds cargo, or additional “containers”, making the tonneau cover system “a system for covering two or more containers”.
Regarding claim 2, Yue discloses the system of claim 1, wherein the one or more corner components 314 include a two-end corner component (see Figures 4-5; Col. 7, lines 22-52).
Regarding claim 6, Yue discloses the system of claim 1, wherein the first side cover 31 includes first connecting members 331, wherein the center cover 32 includes second connecting members 332, and wherein the center cover 32 and the first side cover 31 are connected by the first and second connecting members 331, 332 (see Figure 6; Col. 8, lines 38-56).
Regarding claim 7, Yue discloses the system of claim 6, wherein the first and second connecting members 331, 332 are positioned interposingly (see Figures 5-6; Col. 8, lines 38-56).
Regarding claim 8, Yue discloses the system of claim 1, wherein the first side cover 31 includes a protrusion 334, wherein the center cover 32 is formed with a recess 332b, and wherein the center cover 32 and the first side cover 31 are connected by positioning the protrusion 334 in the recess 332b (see Figures 5-6; Col. 9, lines 5-17).
Regarding claim 9, Yue discloses the system of claim 8, wherein the recess 332b is formed by a bottom partition 320 and a side partition 332 of the center cover 32 (see Figures 5-8; Col. 8, lines 38-67).
Regarding claim 11, Yue discloses the system of claim 1, wherein the one or more side supporting components 311 includes a fluid retaining component (see Figure 4A and annotated Figure 4A; Col. 7, lines 42-47).
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Regarding claim 12, Yue discloses the system of claim 1, wherein the one or more corner components 314 includes a center element and at least two external elements (see Figures 4-5; Col. 7, lines 22-52).
Regarding claim 13, as understood, Yue discloses the system of claim 1, wherein the one or more elongated components includes a center cover 32 and the side covers 31, 35 and wherein the center cover 32 and the side covers 31, 35 are integrally formed (see Figures 4-5; Col. 7, lines 11-21, 53-59). The center cover 32 and the side covers 31, 35 are connected by a living hinge 34, causing them to be integrally formed (see Col. 9, lines 33-50).
Response to Arguments
Applicant’s arguments, see pages 7-8 of Remarks, filed February 5, 2026, with respect to the 35 USC 102(a)(1) rejection over Zuidam et al. (US Pat 6,010,021) and the 35 USC 103 rejection as being unpatentable over Nielsen et al. (US Pat 8,100,279) in view of Parker (US Pat 6,502,709) have been fully considered and are persuasive. The rejections of claims 1 and 1-3 and 5, over Zuidam and Nielsen et al. in view of Park, have been withdrawn.
Applicant's arguments, see page 8 of Remarks, filed February 5, 2026, with respect to the 35 USC 102(a)(1) rejections over Yang (US Pat 5,590,974) and Yue (US Pat 9,333,842) have been fully considered, but they are not persuasive.
Applicant asserts that Yang does not disclose or suggest the amended features of a center cover , a first side cover, and a second side cover. Examiner has mapped the amended features in the rejection outlined in paragraph 6 above. Applicant does not provide specific deficiencies of the reference, therefore, the rejection of claims 1-4, 6-7, 10, and 12-15 under 35 USC 102(a)(1) over Yang is maintained.
Applicant asserts that Yue does not disclose or suggest the amended features of a center cover , a first side cover, and a second side cover. Examiner has mapped the amended features in the rejection outlined in paragraph 7 above. The deficiencies raised by Applicant have been addressed in paragraph 7 above, therefore, the rejection of claims 1-2, 6-9, and 11-13 under 35 USC 102(a)(1) over Yue is maintained.
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 VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA M CONDO/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612