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 § 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.
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(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Japanese reference JP 2012250570A (cited by Applicant) in view of Japanese reference JP 2018199404A (cited by Applicant).
Regarding claims 1-3, Japanese reference JP 2012250570A discloses a shutter-type storage box (item storage section 102 in paragraph [0002] as shown in Figure 10) for a vehicle [in paragraph [0002]), the storage box (item storage section 102 in paragraph [0002] as shown in Figure 10) comprising: a box main body (console body 100 in paragraph [0002] as shown in Figure 10) including an opening (upper opening 104 in paragraph [0002] as shown in Figure 10); a shutter (shutter S1 as shown in Figure 10) configured to move along an opening surface of the opening to open and close the opening (upper opening 104 in paragraph [0002] as shown in Figure 10); a shutter housing (the shutter S is housed between a pair of guide rails GR1 and GR2 as broadly as claimed in paragraph [0026] as shown in Figure 10) provided adjacent to the box main body (console body 100 in paragraph [0002] as shown in Figure 10), the shutter housing (the shutter S is housed between a pair of guide rails GR1 and GR2 as broadly as claimed in paragraph [0026] as shown in Figure 10) being configured to house the shutter (shutter S1 as shown in Figure 10) in a bent state (curved portion 112 as shown in Figure 10); and two guide grooves (grooves 114 in paragraph [0004] as shown in Figure 10) located on opposite sides of the shutter (shutter S1 as shown in Figure 1) in a width direction, the guide grooves (grooves 114 in paragraph [0004] as shown in Figure 10) guiding movement of the shutter (shutter S1 as shown in Figure 1), wherein the shutter (shutter S1 as shown in Figure 1) includes: a shutter main body (shutter base material SB as shown in Figure 8) configured to bend (curved portion 112 as shown in Figure 10); a cushion layer (foam body 40 in paragraph [0028] as shown in Figures 1-3) provided on a surface of the shutter main body (shutter base material SB in paragraph [0028] as shown in Figures 1-3); and a covering layer (skin material 50 in paragraph [0028] as shown in Figures 1-3) provided on a surface of the cushion layer (foam body 40 in paragraph [0028] as shown in Figures 1-3), and the covering layer (skin material 50 in paragraph [0031]) includes a plastic film (PVC or TPU in paragraph [0031]).
However, JP 2012-250570A does not show the cushion layer is a
three-dimensional knitted fabric (claim 1); wherein the three-dimensional knitted fabric is a double-raschel knitted fabric that includes: a back-side knitted fabric layer bonded to the surface of the shutter main body; a top-side knitted fabric layer bonded to a back of the covering layer; and connecting yarns that connect the back-side knitted fabric layer and the top-side knitted fabric layer to each other (claim 2); and wherein a density of the connecting yarns in a moving direction of the shutter is lower than a density of the connecting yarns in the width direction (claim 3).
Japanese reference JP 2018199404A teaches knitted fabric is preferable because it provides sufficient cushioning and can be easily impact a
three-dimensional feel with varying strengths in paragraph [0017]; the
three-dimensional knitted fabric, may be, for example, a structure in which two layers of knitted fabric (front knitted fabric (51) and back knitted fabric (52)) are connected by a binding yarn (53) (see Figure 8) in paragraph [0018]; and this three-dimensional knitted fabric can be knitted by a knitting machine such as a double raschel knitting machine or circular knitting machine in paragraph [0018].
Regarding claims 1 and 2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the cushion layer of Japanese reference JP 2012250570A is a
three-dimensional knitted fabric of a double raschel knitted fabric, as taught by Japanese reference JP 2018199404A , with a reasonable expectation of success in order to provide a versatile, high-performance textile known for its softness, durability, and thermal insulation.
Regarding claim 3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the three-dimensional knitted fabric is used as the cushion layer of Japanese reference JP 2012250570A, as modified, changing the density of the
three-dimensional knitted fabric to an appropriate value for each region with a reasonable expectation of success as a matter of design choice.
Regarding claim 3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the shutter curved in the vertical direction and does not change in the width direction of Japanese reference JP 2012250570A, as modified, with the density of the three-dimensional knitted fabric in the moving direction smaller than the density in the width direction to allow the shutter to be curved with a reasonable expectation of success as a matter of design choice.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20120024857 A1 discloses a roller shutter type storage container includes a container body, a roller shutter accommodating portion, a pair of guide grooves, and a roller shutter; each of the guide grooves extends linearly in an opening formed in the container body and is curved in the roller shutter accommodating portion; the roller shutter is configured by connecting a plurality of slats each having shafts formed at two ends of the slat with respect to the widthwise direction in a bendable manner; as the two shafts of each of the slats slide in the corresponding guide grooves, the roller shutter slides between an open position for opening the opening and a close position for closing the opening; each one of the shafts is spaced from a vertical wall surface of the corresponding one of the guide grooves; a projection formed of soft material projects outward from each shaft of each slat in the widthwise direction and contacts the corresponding vertical wall surface in an elastically deformed state.
US 6932402 B2 discloses a console box of the present invention has a box main body, a pair of sidewalls, and an armrest; the box main body is located between the sidewalls, and the armrest is located above the box main body; each sidewall has a guide groove extending in the moving direction of the vehicle; the armrest has a pair of engaging pins; each engaging pin is engaged with and slides along one of the guide grooves; the armrest smoothly slides along the moving direction of the vehicle.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is (571)272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
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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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/Lori Lyjak/Primary Examiner, Art Unit 3612