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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Appropriate correction is required.
The disclosure is objected to because of the following informalities:
“1015-Left connecting part self-locking hole 1016-Positioning block,” (paragraph 0031). The phrase would be clearer if reworded as “hole, 1016”.
Reference character 106 is referred to as either “bolt” or “screw” (paragraphs 0031 and 0054).
Reference character 4011 is referred to as either “clamping protrusion” or “snap-fit convex” (paragraphs 0031 and 0041).
“for example, it may be a fixing connecting, it can also be a detachable connecting or an integral connecting. it can be a mechanical connecting or an electrical connecting. it can be a direct connecting or an indirect connecting through an intermediate media,” (paragraph 0035). The phrase would be clearer if the first words in the sentences were capitalized as “For example” and “It can”, respectively.
Paragraph 0036 is understood to be a similar rephrasing of paragraph 0033 and is therefore not necessary to include.
Reference character 1016 is referred to as either “positioning block” or “locating block” (paragraphs 0050-0051).
The first sentence in paragraph 0064 improperly ends with a “;”. This could be construed as inadvertently omitted subject matter. It appears that the sentence should end with a period.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the self-locking nut must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-10 are objected to because of the following informalities:
Claims 1-3 and 9 are objected to as containing more than one period and capitalizing more than the first word of each claim (i.e., claims should each be one sentence). Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See MPEP § 608.01(m).
Claims 2-10 appear to doubly recite the “soft car cover” by reciting “A soft car cover” at the beginning of each claim. Since claim 1 has already recited “A soft car cover” it appears that claims 2-10 should be directed to state “The soft cover”.
In claim 1, lines 3-4, “the side rails” lacks antecedent basis in the claims (previously Applicant has only recited a single side rail). For purposes of expediting examination, “the side rails” will be interpreted as “side rail (5)”.
In claim 1, line 4, “the joint assemblies” lacks antecedent basis in the claims (previously Applicant has only recited a single joint assembly). For purposes of expediting examination, “the joint assemblies” will be interpreted as multiple joint assemblies.
In claim 1, lines 4-8, the phrase would be clearer if reworded as “the joint assemblies each include a left connecting part (101), an intermediate part (102), and a right connecting part (103), each left connecting part (101) and, each right connecting part (103) are respectively connected to each respective intermediate part (102) by a connecting block (104), each left connecting part (101) and each right connecting part (102) are
In claim 1, line 11, “the guide rail” lack antecedent basis in the claims. For purposes of expediting examination “the guide rail” will be interpreted as “side rail (5)”.
In claim 2, lines 4-5, “the front bar fixing screws” and “front bar fixing nuts” do not provide proper antecedent basis. For purposes of expediting examination, “the front bar fixing screws” and “front bar fixing nuts” will be interpreted as “front bar fixing screw (403)” and “front bar fixing nut (404),” respectively.
In claim 9, line 1, “the integrated rear bar” does not provide proper antecedent basis in the claims. For purposes of expediting examination this language will be interpreted as “an integrated rear bar”.
In claim 9, line 2, it appears that there should be a space after the term “bar” in “bar(902)” for proper punctuation.
In claim 9, line 11, “the rear locking system lever” does not provide proper antecedent basis in the claims. For purposes of expediting examination this language will be interpreted as “rear locking system lever bar (903)”.
In claim 9, line 15, “the side rail through hole” does not provide proper antecedent basis in the claims. For purposes of expediting examination this language will be interpreted as “a side rail through-hole”.
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, 6-7, and 10 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 is vague and indefinite because it is not clear what structure is being positively claimed as the invention. Due to the lack of a transition word (such as "comprising") between the preamble of the claim and the body of the claim there is no clear distinction of what is part of the claimed invention and what is not.
Claim 1 recites the limitation "the guide rail" in line 10. There is insufficient antecedent basis for this limitation in the claim, as previously addressed. The connectivity between “the front bar (6)” and the “front bar fixing structure (4)” is indefinite given that there is a structural dependency on “the guide rail” element that is not properly disclosed.
Claim 1 recites the limitation "the joint assembly" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether “the joint assembly” is considered to be a single joint assembly or multiple joint assemblies (previously Applicant has recited both in lines 3-4). This indefiniteness makes the scope of the claim indeterminate as the exact connective structures attached to the joint assemblies are unclear.
Claims 6-7 and 10 are rejected under 35 U.S.C. 112(b) for being dependent claims of claim 1 that include the limitation “the joint assembly”.
Claim 6 recites the term "self-locking hole" and appears to suggest that the hole has some sort of locking function, however, it appears that the hole may be a simple through-hole. Correction and/or clarification is required.
Claims 7 is rejected under 35 U.S.C. 112(b) for being a dependent claim of claim 6 that includes the limitation “self-locking hole”.
Claim 10 is vague and indefinite because it is not clear what is meant by “arbitrary” in line 4.
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.
Claim 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Undisclosed Inventor CN 115489284 A.
To provide clarity in this current office action, Undisclosed Inventor CN 115489284 A can be referred to as ‘284.
Regarding claim 1, ‘284 discloses:
A soft car cover (claim 1), a transverse support structure and a longitudinal support structure (‘284 Fig. 2; disclosed as “large frame” in claim 1);
a side rail (‘284 Fig. 2; claim 1), a plurality of joint assemblies (4/6/7; ‘284 Fig. 2);
disclosed as “pivot assemblies” in claim 1), the side rails are connected to each other by a joint assembly (‘284 Fig. 2; claim 1), the joint assemblies include a left connecting part, an intermediate part, and a right connecting part (61/63; ‘284 Fig. 6; disclosed as “central joint (61) and two side joints (63)” in claim 1), the left connecting part and right connecting part are respectively connected to the intermediate part by a connecting block (65; ‘284 Fig. 6; disclosed as “protrusion” in claim 1), the left connecting part and the right connecting part are both for connecting the side rail (claim 4);
a front bar (3; ‘284 Fig. 2; disclosed as “front rail frame” in claim 1), an intermediate support bar (‘284 Fig. 2), a locking system bar (9; ‘284 Fig. 2; disclosed as “locking tongue assembly” in claim 1), the front bar is connected to the [side] rail by a front bar fixing structure (2; ‘284 Fig. 2; disclosed as “front rail fixing clip” in claim 5), the intermediate support bar is connected to the joint assembly or to the side rail (‘284 Fig. 2), and the locking system bar is connected to the joint assembly (‘284 Fig. 2).
Regarding claim 10, ‘284 discloses:
a large joint assembly (4; ‘284 Fig. 2; disclosed as “large pivot assembly”), a medium joint assembly (6; ‘284 Fig. 2; disclosed as “middle pivot assembly”), and a small joint assembly (7; ‘284 Fig. 2; disclosed as “small pivot assembly”), with the large joint assembly, the medium joint assembly, and the small joint assembly are arranged in an arbitrary row (‘284 Fig. 2).
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Undisclosed Inventor CN 115489284 A, as applied to claim 1 above, in view of Shi et al. US 20200324633 A1.
Regarding claim 2, ‘284 discloses the soft car cover is a four-fold structure (claim 1). ‘284 does not disclose the front bar fixing structure as described by the Applicant.
However, Shi et al. disclose an apparatus with a similar structure as described by the Applicant comprising:
the front bar fixing structure (130; Shi Fig. 4; disclosed as “clamp assembly”) includes a first front bar fixing plate (426; Shi Fig. 4; disclosed as “inner clamping block”), a second front bar fixing plate (423; Shi Fig. 4; disclosed as “outer clamping block”), a front bar fixing screw (424; Shi Fig. 4; disclosed as “fixing component”) and a front bar fixing nut (Shi Fig. 4), the first front bar fixing plate is connected to the second front bar fixing plate by the front bar fixing screws and front bar fixing nuts (Shi Fig. 4; paragraph 0029);
the side rail (120; Shi Fig. 4) is provided with a side rail groove (415; Shi Fig. 4; disclosed as “lateral support section” in paragraph 0023), the first front bar fixing plate in sequence from top to bottom, includes a snap-fit section, a first clamping section (416; Shi Fig. 4; disclosed as “oblique support section” in paragraph 0025), a connecting section and a limiting groove (428; Shi Fig. 4; disclosed as “second pressing surface” in paragraph 0028), the snap-fit section is provided with a snap-fit convex (421; Shi Fig. 4; disclosed as “hook portion” in paragraph 0028), the snap-fit convex is connected to the side rail groove (paragraph 0028), the connecting section is provided with a waist hole (paragraph 0029);
the second front bar fixing plate, in sequence from top to bottom, includes a second clamping section (422; Shi Fig. 4; disclosed as “first pressing surface” in paragraph 0027), a mounting section and a limiting plate (Shi Fig. 4; paragraph 0028);
the snap-fit section extends into the side rail groove (paragraph 28), the first clamping section is provided in correspondence with the second clamping section (paragraph 27), the mounting section is connected with an anti-rotation groove (Shi Fig. 4), the front bar fixing nut is provided in the anti-rotation groove (Shi Fig. 4), the limiting groove is adapted to the limiting plate (paragraph 0028).
It 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, with a reasonable expectation of success, to combine the teaching of ‘284 with the apparatus disclosed by Shi et al. to yield predictable results of a fixing structure that attaches to the side rail.
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Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Undisclosed Inventor CN 115489284 A, as applied to claim 1 above, in view of Southco, Inc. (part drawing and CAD model).
Regarding claim 3, ‘284 discloses a connecting block that includes a first connecting block hole (‘284 Fig. 10), the left connecting part is connected to the intermediate part by the connecting block (‘284 Fig. 6; claim 1), the first connecting block hole is connected to the intermediate part (‘284 Fig. 6; claim 1), the right connecting part is connected to the intermediate part by the connecting block (‘284 Fig. 6; claim 1), and the first connecting block hole is connected to the right connecting part (‘284 Fig. 6; claim 1). ‘284 does not disclose a connecting block that includes a second connecting block hole, where the second connecting block hole is connected to the left connecting part, and the second connecting block hole is connected to the intermediate part.
However, Southco, Inc. discloses a connecting block that includes a first connecting block hole as well as a second connecting block hole (Southco Fig. 7), where the second connecting block hole is connected to the left connecting part (Southco Fig. 5). Southco Figure 6 is included to illustrate the exact location of where the second connecting block hole is in relation to the entire hinge structure. The connecting block element of Southco can be incorporated into the double hinge assembly of ‘284, and this combined structure would meet the limitation of the second connecting block hole is connected to the intermediate part.
It 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, with a reasonable expectation of success, to combine the teaching of ‘284 with the structure disclosed by Southco, Inc. to yield predictable results of a connecting block that includes a first connecting block hole and a second connecting block hole in attaching the left, right, and intermediate parts of the joint assemblies.
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Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Undisclosed
Inventor CN 115489284 A, in view of Southco, Inc., as applied to claim 1 above, and further in view of Techtanium (Amazon.com product).
Regarding claim 6, ‘284, in view of Southco, Inc., disclose a screw (Southco Fig. 8), the left connecting part is provided with a left connecting part self-locking hole (Southco Fig. 8), the connecting block is provided with a second connecting block hole (Southco Fig. 7), the screw passes through the second connecting block hole to connect the left connecting part self-locking hole and connects the connecting block to the left connecting part self-locking hole (Southco Figs. 6-7). ‘284, in view of Southco, Inc., do not disclose that the left connecting part self-locking hole is provided with a self-locking nut.
Regarding claim 7, ‘284, in view of Southco, Inc., disclose the joint assembly further includes a screw (643; ‘284 Fig. 10; ‘284), the screw passes through a mounting hole, a first connecting block hole and a self-locking hole (‘284 Fig. 10). ‘284, in view of Southco, Inc., do not disclose that the screw is connected with a self-locking nut.
However, Techtanium teaches a self-locking nut that can be fastened to a screw (Techtanium Fig. 9).
It 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, with a reasonable expectation of success, to combine the teaching of ‘284 in view of Southco, Inc with the structure disclosed by Southco, Inc. to yield predictable results of a left connecting part self-locking hole that is provided with a self-locking nut and to connect a second screw with a self-locking nut to prevent loosening.
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Undisclosed Inventor CN 115489284 A, as applied to claim 1 above, in view of Yang et al. CN 108189655 A.
Regarding claim 8, ‘284 discloses the left connecting part includes a first left plug (631; ‘284 Fig. 7; disclosed as “second side rail buckle” in claim 4), a second left plug (632; ‘284 Fig. 7; disclosed as “first side rail buckle” in claim 4), the right connecting part includes a first right plug (632; ‘284 Fig. 7; disclosed as “first side rail buckle” in claim 4) and a second right plug (631; ‘284 Fig. 7; disclosed as “second side rail buckle” in claim 4), where the first left plug, second left plug, first right plug, and second right plug are all connected to the side rail (claim 4). ‘284 does not disclose a third left plug, where the third left plug is connected to the intermediate support bar.
However, Yang et al. teaches joint assemblies where the left connecting part (9; Yang Fig. 9; disclosed as “end cover” in claim 7) includes a third left plug (Yang Fig. 9), where the third left plug is connected to the intermediate support bar (claim 6).
It 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, with a reasonable expectation of success, to combine the teaching of ‘284 with the third left plug disclosed by Yang et al. to improve stability and connectivity with the intermediate support bar.
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Undisclosed Inventor CN 115489284 A, as applied to claim 1 above, in view of Mantovani WO 2022261732 A1.
Regarding claim 9, ‘284 discloses the integrated rear bar that includes a rear bar joint (802; ‘284 Fig. 3; disclosed as “rear connector” in claim 10). ‘284 does not disclose a tail bar nor a rear locking system lever bar as described by the Applicant.
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However, Mantovani WO 2022261732 A1 discloses an apparatus with a similar structure as described by the Applicant comprising:
a tail bar (90; Mantovani Fig. 37) and a rear locking system lever bar (Mantovani Fig. 37; disclosed as “multilock system” in paragraph 0095);
the rear bar joint (300; Mantovani Fig. 37; disclosed as “angle brackets” in paragraph 095) includes a first joint plug (201; Mantovani Fig. 37; disclosed as “tips” in paragraph 095), a second joint plug (Mantovani Fig. 23), a third joint plug (31; Mantovani Fig. 23; disclosed as “projection” in paragraph 086), a fourth joint plug (32; Mantovani Fig. 23; disclosed as “projection” in paragraph 086), a fifth joint plug (Mantovani Fig. 23), and a sixth joint plug (321; Mantovani Fig. 23; disclosed as “locking rod” in paragraph 086);
the tail bar includes a first tail bar through-hole (14; Mantovani Fig. 4; disclosed as “bas-relief” in paragraph 070), a second tail bar through-hole (111; Mantovani Fig. 4; disclosed as “groove” in paragraph 068) and a third tail bar through-hole (121; Mantovani Fig. 4; disclosed as “groove” in paragraph 068), the fifth joint plug is connected to the first tail bar through-hole (paragraph 068), the fourth joint plug is connected to the second tail bar through-hole (paragraph 068), the sixth joint plug is connected to the third tail bar through-hole (paragraph 068);
the rear locking system lever [bar] is provided with a rear locking bolt lever through-hole (301; Mantovani Fig. 37; disclosed as “locking structure” in paragraph 095), the first joint plug is connected to the rear locking bolt lever through-hole (paragraph 095);
the second joint plug is connected to the side rail groove (23; Mantovani Fig. 13; disclosed as “groove” in paragraph 079), the third joint plug is connected to the side rail through-hole (211; Mantovani Fig. 13; disclosed as “groove” in paragraph 075).
It 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, with a reasonable expectation of success, to combine the teaching of ‘284 with the apparatus disclosed by Mantovani to yield predictable results of an integrated rear bar that includes a rear bar joint, a tail bar, and a rear locking system lever bar attached to the car cover support structure.
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Allowable Subject Matter
Claims 4-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 has been indicated as containing allowable subject matter primarily for the left connecting part that is provided with a positioning block, the connecting block is provided with a positioning groove, and the positioning groove is provided in correspondence with the positioning block.
Claim 5 has been indicated as containing allowable subject matter primarily for the intermediate part that is provided with a positioning block, the connecting block is provided with a positioning groove, and the positioning groove is provided in correspondence with the positioning block.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Undisclosed Inventor CN 115489284 A discloses a fully embedded soft four-fold car hood. See ‘284 Figs. 2, 3, 6, 7, 10.
Shi et al. US 20200324633 A1 disclose a tonneau cover latch and side rail system. See Shi Fig. 4.
Southco, Inc. discloses a part drawing and CAD model of a single adjustable torque hinge. See Southco Figs. 5-8.
Techtanium discloses an Amazon.com product of a screw and locking nuts. See Techtanium Fig. 9.
Yang et al. CN 108189655 A disclose a pickup truck and compartment cover thereof. See Yang Fig. 9.
Mantovani WO 2022261732 A1 discloses a tonneau cover fixing and assembly system for cargo vehicle. See Mantovani Figs. 4, 13, 23, 37.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:00AM - 4:00PM.
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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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/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612