DETAILED ACTION
Status of Claims
This action is in reply to the application filed on 07 November 2023.
Claims 1-20 are currently pending.
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 .
Information Disclosure Statement
There were no information disclosure statement(s) (IDS) submitted to be considered by the examiner.
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:
Regarding Claim 18:
the "wherein the front supporting structure includes two or more supporting pillars configured to be attached to the fore side of the personal watercraft" must be shown or the feature(s) canceled from the claim(s) 18.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Examiner note: the following 112(f) invocations have been identified by the Office:
A. "front supporting structure," first introduced in claim 9:
the front supporting structure attaches the shade top to the personal watercraft and comprises two fasteners that may be in the form of loops, or an equivalent thereof (see [0039]; FIG. 2).
B. "two sub-assemblies," first introduced in claim 10:
the two sub-assemblies perform the function of adjusting the height of the shade top, and may comprise two pole sub-assemblies with different diameters so that an upper pole 213 can be slotted into a lower pole 215; or an equivalent thereof (see [0036]; FIG. 2).
C. "means for connecting," first introduced in claim 16:
the means for connecting performs the function of connecting the shade top to an aft side of the personal watercraft and may comprise two or more supporting pillars assemblies configured to be attached to an aft side of the personal watercraft (see [0036], FIG. 2), or an equivalent thereof.
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 14, 15, and 18 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 pre-AIA the applicant regards as the invention.
Regarding Claims 14 and 18:
The claim language, "wherein the front supporting structure includes two or more supporting pillars configured to be attached to the fore side of the personal watercraft," renders the claim indefinite. After careful review of the specification, it is not clear how the two or more supporting pillars are supposed to be configured to be attached to the fore side of the personal watercraft, or which structures mention in the specification and drawings are supposed to represent the two or more supporting pillars. As best understood, for purposes of examination, the claim language is interpreted to instead be, "wherein the front supporting structure includes two or more loop fasteners [[supporting pillars]] configured to be attached to the fore side of the personal watercraft." See paragraph [0039] of the Instant Application. It is noted however, that for prior art purposes of examination, the claim language is interpreted to be as-is.
Regarding Claim 15:
The claim language, "a pair of metal base plates and screws to attach the metal base plates to a rear deck extender," renders the claim indefinite. It is not clear how the metal base plates can be connected to the rear deck extender since according to [0040] of the Instant Application, the metal base plates are a part of the rear deck extenders (i.e. they are the same part / structure with different portions named) and the rear deck extenders are mounted on the watercraft with screws.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Musacchio (US 20140026803), hereafter referred to as Musacchio.
Regarding Claim 1, Musacchio discloses the following:
A shade assembly for a personal watercraft (20) comprising:
a shade top (18; FIG. 7);
a front supporting structure (16 in combination with 19; FIG. 7) comprising two or more fasteners (16; FIG. 7) configured to attach the shade top (18; FIG. 7) to a steering control handle of the personal watercraft (20) (it is noted, the looped straps are capable of being attached to a steering control handle); and
a rear supporting structure (15 in combination with 13; FIG. 7) comprising two or more supporting pillars (13; FIG. 6-7; see [0037]) assemblies configured to be attached to an aft side of the personal watercraft (20);
wherein the shade top (18; FIG. 7) is configured to be attached to the rear supporting structure (15 in combination with 13; FIG. 7) and the steering control handle to form a shade that extends over a user of the personal watercraft (20) (as seen in FIG. 6).
Regarding Claim 2, Musacchio discloses the following:
The shade assembly according to claim 1,
wherein the rear supporting structure (15 in combination with 13; FIG. 7) include two sub-assemblies (13a, 13b; see [0036]; FIG. 6-7), wherein a first sub-assembly has a larger diameter respective to a second sub-assembly, wherein the first and second sub-assemblies are adjustable to adjust total length of the rear supporting structure (15 in combination with 13; FIG. 7) (see [0037]).
Regarding Claim 3, Musacchio discloses the following:
The shade assembly according to claim 1,
further comprising at least one pole assembly (11; FIG. 7) that support the shade top (18; FIG. 7) upwardly to extend space under the shade top (18; FIG. 7)(see [0030]).
Regarding Claim 4, Musacchio discloses the following:
The shade assembly according to claim 3,
wherein the at least one pole assembly (11; FIG. 7) includes two pole assemblies (11; FIG. 7) and wherein a crossing point of the two pole assemblies (11; FIG. 7) is not equidistant along a length (as seen in FIG. 7 the crossing is closer to the fore of the shade) of the shade top (18; FIG. 7).
Regarding Claim 5, Musacchio discloses the following:
The shade assembly according to claim 4,
wherein the crossing point is closer to a front edge (as seen in FIG. 7) of the shade top (18; FIG. 7).
Regarding Claim 6, Musacchio discloses the following:
The shade assembly according to claim 4,
wherein a crossing point of the two pole assemblies (11; FIG. 7) is equidistant along a width (as seen in FIG. 7) of the shade top (18; FIG. 7).
Regarding Claim 7, Musacchio discloses the following:
The shade assembly according to claim 1,
wherein the rear supporting structure (15 in combination with 13; FIG. 7) and the front supporting structure (16 in combination with 19; FIG. 7) are configured to be detachably attached to the personal watercraft (20) (see for example [0002]).
Regarding Claim 8, Musacchio discloses the following:
The shade assembly according to claim 1,
wherein a top of the rear supporting structure (15 in combination with 13; FIG. 7) is attached with a pillar cap (as seen in FIG. 7-8, holes are provided in the shade to accommodate the narrower ends of the poles) that has a through hole accommodating one end of the pole assembly and a recess accommodating a metal (see [0032]) pin configured to engage and hold the shade top (18; FIG. 7).
Regarding Claim 9, Musacchio discloses the following:
A personal watercraft (20) comprising:
a shade top (18; FIG. 7);
a front supporting structure (16 in combination with 19; FIG. 7) configured to attach the shade top (18; FIG. 7) to a fore side of the personal watercraft (20); and
a rear supporting structure (15 in combination with 13; FIG. 7) comprising two or more supporting pillars (13; FIG. 6-7; see [0037]) configured to be attached to an aft side of the personal watercraft (20);
wherein the shade top (18; FIG. 7) is configured to be attached to the front supporting structure (16 in combination with 19; FIG. 7) and the rear supporting structure (15 in combination with 13; FIG. 7).
Regarding Claim 10, Musacchio discloses the following:
The personal watercraft (20) according to claim 9,
wherein individual supporting pillars (13; FIG. 6-7; see [0037]) of the rear supporting structure (15 in combination with 13; FIG. 7) include two sub-assemblies (13a, 13b; see [0036]; FIG. 6-7).
Regarding Claim 11, Musacchio discloses the following:
The personal watercraft (20) according to claim 10,
wherein a first sub-assembly has a larger diameter respective to a second sub-assembly, wherein the first and second sub- assemblies are adjustable to adjust total length of the rear supporting pillar.
Regarding Claim 12, Musacchio discloses the following:
The personal watercraft (20) according to claim 8,
further comprising at least one pole assembly (11; FIG. 7) that support the shade top (18; FIG. 7) upwardly to extend space under the shade top (18; FIG. 7).
Regarding Claim 13, Musacchio discloses the following:
The personal watercraft (20) according to claim 9,
wherein the front supporting structure (16 in combination with 19; FIG. 7) includes two or more fasteners (16; FIG. 7) configured to attach (it is noted, the looped straps are capable of being attached to a steering control handle) the shade top (18; FIG. 7) to a steering control handle of the personal watercraft (20)
Regarding Claim 14, Musacchio discloses the following:
The personal watercraft (20) according to claim 9,
wherein the front supporting structure (16 in combination with 19; FIG. 7) includes two or more supporting pillars (19; FIG. 6-7; see [0037]) configured to be attached to the fore side of the personal watercraft (20).
Regarding Claim 16, Musacchio discloses the following:
A kit for creating a shade assembly for a personal watercraft (20) comprising:
a shade top (18; FIG. 7);
a front supporting structure (16 in combination with 19; FIG. 7) comprising means for connecting the shade top (18; FIG. 7) to a fore side of the personal watercraft (20); and
a rear supporting structure (15 in combination with 13; FIG. 7) comprising means for connecting the shade top (18; FIG. 7) to an aft side of the personal watercraft (20);
wherein the shade top (18; FIG. 7) is configured to be attached to the rear supporting structure (15 in combination with 13; FIG. 7) and the front supporting structure (16 in combination with 19; FIG. 7) to form a shade.
Regarding Claim 17 Musacchio discloses the following:
The kit for creating a shade assembly for a personal watercraft (20) according to claim 16,
wherein the front supporting structure (16 in combination with 19; FIG. 7) includes two or more fasteners (16; FIG. 7) configured to attach (it is noted, the looped straps are capable of being attached to a steering control handle) the shade top (18; FIG. 7) to a steering control handle of the personal watercraft (20).
Regarding Claim 18, Musacchio discloses the following:
The kit for creating a shade assembly for a personal watercraft (20) according to claim 16,
wherein the front supporting structure (16 in combination with 19; FIG. 7) includes two or more supporting pillars (19; FIG. 6-7; see [0037]) configured to be attached to the fore side of the personal watercraft (20).
Regarding Claim 19, Musacchio discloses the following:
The kit for creating a shade assembly for a personal watercraft (20) according to claim 16,
wherein the rear supporting structure (15 in combination with 13; FIG. 7) includes two or more supporting pillars (13; FIG. 6-7; see [0037]) configured to be attached to the aft side of the personal watercraft (20).
Regarding Claim 20, Musacchio discloses the following:
The kit for creating a shade assembly for a personal watercraft (20) according to claim 16,
further comprising at least one pole assembly (11; FIG. 7) that supports the shade top (18; FIG. 7) upwardly to extend space under the shade top (18; FIG. 7)(see [0030]).
Allowable Subject Matter
Claim 15 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
In combination with the other structures required by the independent claims, the inclusion of:
a rear deck extender accessory, a pair of metal base plates and screws to attach the metal base plates to a rear deck extender, and each of the base plates has a cylindrically reinforced base hole to accommodate the rear supporting structure;
was not found or fairly taught by prior art and differentiated the claims from the closest prior art to Musacchio (US 20140026803).
The Examiner notes Musacchio is considered the closest prior art and does not teach the limitation(s) described above. Further, it appears there would be no reason to modify the prior art without the benefit of Applicant's disclosure and impermissible hindsight.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
See form No. 892 for other references pertinent to the application that may not have been cited within the Office Action.
For references which show similar shade assemblies see Pages 1-4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN C DELRUE whose telephone number is (313)446-6567. The examiner can normally be reached Monday - Friday; 9:00 AM - 5:00 PM (Eastern).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN CHRISTOPHER DELRUE/ Primary Examiner, Art Unit 3745