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
The disclosure is objected to because of the following informalities: paragraph [0062] recites the bump 152 interacting with the ramp 128 of the panel above, however, as shown in figures 8 and 10 the bump is on the slider 150 while the ramp is on the slat 140 and thus the bump does not appear capable of engaging the ram (i.e. the slider is on the end of the slat and the bump is on the slider so cannot interact with features on the slat).
Appropriate correction is required.
Claim Objections
Claims 6 and 14-16 are objected to because of the following informalities:
Claim 6 line 1 recites “[a] panel” and “a tonneau cover”, however, claim 6 depends from claim 1 which previously recited both “a panel” and “a vehicle tonneau cover”. While claim 1 does not positively require the panel or tonneau cover both are recited and thus the antecedent basis for any dependent claim should be “the panel” and “the tonneau cover”. Combination claim 6 can either be made independent or amended to include a combination not previously recited (for example “A vehicle having the panel of the tonneau cover, the panel comprising”).
Claim 14 lines 2-3 recite “wherein the panel faces away from the bump”. This does not appear possible as the panel doesn’t face any particular direction. It appears from paragraph [0062] the “wherein the ramp faces away from the bump” was meant.
Claim 15 line 1 recites “the slides” instead of “the sliders”.
Claim 16 lines 1-2 recites “each of the sliders comprises a longitudinal end, opposite the bump”. The disclosed longitudinal side 127 having the transition shape 154 does not appear to be opposite the bump. As shown in figures 9-10 the bump is on the upper surface 151 and the side/end 127 is perpendicular to the upper surface and extends to the lower surface. Examiner suggests the longitudinal end be defined relative to the planar surface rather than the bump, in keeping with paragraph [0069].
Appropriate correction is required.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US patent 4984843 to Villa (hereinafter Villa).
Regarding claim 1, the seal (panel of tonneau cover intended use) is shown in Villa in figures 1-3 with
a stem (21) having a first end (right end figure 3, forming vertical leg of U-shaped stem) and a second end (left end figure 3, forming other vertical leg);
a first branch (23) extending away from a middle portion (portion forming horizontal base of U-shaped stem) between the first end and the second end; and
a second branch (24) extending from the first end (right figure 3) of the stem (21) and across (figure 2) an end of the first branch (23).
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.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Villa in view of US patent 8979182 to Fukami (hereinafter Fukami).
Regarding claims 2 and 3, Villa does not show an anchor.
An anchor is shown in Fukami in figures 1-5 where seal has a stem (33 and horizontal portions of 34 and 35 in figure 2) with a first end (horizontal portion 34) and a second end (horizontal portion 35) and an anchor portion (vertical portions of 34 and 35 in figure 2, extending lengths L2 and L1 respectively) with a first anchor portion (vertical portion of 34 extending L2) extending from the first end and a second anchor portion (vertical portion 35 extending L1) where the first and second anchor portions are configured to partially surround a bulb (23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the seal of Villa with the anchor portion of Fukami because anchor portions provided improved securing of the seal (by forming C-shaped instead of U-shape).
Regarding claim 4, the second branch (24) defines a curve (figure 2) from the first end of the stem (21) across the end of the first branch (23) in Villa.
Regarding claim 5, the stem (21), the first branch (23), and the second branch (24) define a cross-sectional shape that extends in a direction across an entire width of the seal (20) in Villa.
Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Villa in view of US patent 11884145 to Pompili (hereinafter Pompili).
Regarding claim 6, Villa does not show a panel of a tonneau cover (intended use for claim 1 as noted above).
A panel for a tonneau cover is shown in Pompili in figures 38A-B (sealing features) and figures 40A-B (slider features) with a slat (930/950a) defining a receptacle (for 938 in figure 38B) at a longitudinal side, a pair of sliders (950B) at opposing later sides, and a seal (938) in the receptacle extending between the sliders (i.e. along the slat).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the seal of Villa with the tonneau cover use of Pompili because both vehicle doors and tonneau cover panels were known vehicle parts requiring sealing and the tonneau cover panel provides an additional market for the seal of Villa.
Regarding claim 7, the seal of Villa would form an outer seal and the panel further includes an inner seal (second 938 figure 38B) comprising an inner seal stem (vertical portion between 944 and 942) having a first end (upper) and second end (lower), a branch (944), the stem and the branch (944) form an indentation (unnumbered hinge indent shown in figure 38B), and an anchor portion (vertical portion right of 942 in figure 38B) in Pompili.
However, the inner and outer seals in figures 38A-B in Pompili are not within the same receptacle (i.e. the seals are on different panels).
Seals in a single receptacle are shown in Pompili in figures 39A-B where slat (950a) includes a single receptacle with seals (branches 958) on either side of a tooth (960) of an adjacent slat.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the seal of Villa, having the tonneau cover use of Pompili, with the single receptacle sealing both sides of the tooth of figures 39A-B Pompili because the single receptacle allows for improved sealing by sealing around a single tooth without the second tooth and thus air gap as in figure 38A-B).
Regarding claim 8, the inner seal stem (vertical portion between 944 and 942 in figure 38B), the inner seal branch (944), and the inner seal anchor portion (right of 942 in figure 38B) define an inner seal cross-sectional shape that extends across an entire width of the inner seal in Pompili.
Regarding claim 9, the seal (938) has only a single indentation in Pompili. A second indentation along the branch would be an obvious design choice. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the seal of Villa, having the tonneau cover use of Pompili and the single receptacle sealing both side of the tooth of figures 39A-B of Pompili, with a second indentation because indentations provided the known benefit of improved bending (i.e. forming a hinge) and thus would facilitate curving of the inner branch.
Regarding claim 10, a tooth (960) of another panel is received in the receptacle (figure 39B) and, when combined as detailed above, the respective first and inner branches would contact the inner and outer sides of the tooth (similar to branches 958 contacting the tooth in figure 38B) in Pompili.
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pompili.
Regarding claim 11, a panel for a tonneau cover is shown in Pompili in figures 39A-40B (with generic feature form figures 1-21B) with
a slat (950a) defining a tooth (960) configured to engage a receptacle of an adjacent panel (figure 39B); and
sliders (950b) on opposing lateral sides of the slat (950a), wherein each of the sliders (950b) defines a planar surface on an upper side (annotated figure 40A below) of the panel.
However, the planar surface does not have a bump.
A bump is shown in Pompili in figures 40A-B with a planar surface (surface with reference numeral 962 in figure 40A) having a bump (annotated figure 40A below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the panel of Pompili with the lateral surface bump of Pompili because bumps provided known benefits including structural support (i.e. a strengthening rib) and sliding support (i.e. guiding sliding movement).
Regarding claim 12, the bump (on 962) extends across the width (i.e. is the same width) of the planar surface it is on in Pompili.
Regarding claim 13, the slider (950b) defines a lower planar surface (surface of 956 on top of 954, to the right of notch 963 in figure 40A) and the width of the bump (shown as width of upper surface in above annotated figure 40A) is substantially equal to the width of the lower planar surface in Pompili.
Regarding claim 14, as best understood, the panel (slat portion 950a) includes a ramped surface (unlabeled, shown in figure 39B to the right of tooth 960) and the ramp faces away from the bump in Pompili.
Regarding claim 15, the bump on each of the sliders (950b) extends towards (i.e. extends laterally) the other of the sliders in Pompili.
Regarding claim 16, as best understood, each of the sliders (950b) comprises a longitudinal end (annotated figure 40B below) forming a shape comprising a curve in Pompili.
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Regarding claim 17, the panel for a tonneau cover is shown in Pompili in figures 39A-40B with
a slat (950a) defining a tooth (960) extending from an upper side of the panel, defining a longitudinal end of the slat (950a), and being configured to engage a receptacle of an adjacent panel (figure 39B);
a first slider (950b) on a first lateral side of the slat (950a); and
a second slider (950b) on a second lateral side of the slat (950a),
wherein the first slider (950b) defines a slider recess (963) configured to receive a portion of a cover drive (teeth 951 in recess engage drive).
However, Pompili is silent as to the slat including a similar recess on the tooth).
Examiner notes a notch in the tooth adjacent the slider would be a design choice change in shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the panel of Pompili with a notched tooth because the slat and thereby the tooth runs longitudinally and abuts the slider and the drive (with teeth 951) runs under the slider so the notched end of the tooth adjacent the slider would limit any interference between the drive and the tooth while still providing sealing over the majority of the slat.
Regarding claim 18, the panel (slat portion 950a) includes a ramped surface (unlabeled, shown in figure 39B to the right of tooth 960) and, when modified as above in claim 17, the ramp would face the slat and slider recesses in Pompili.
Regarding claim 19, the portion of the drive is a gear engaging a portion (teeth 951) of the slider (950b) in Pompili.
Regarding claim 20, the slat (950a) includes sliders (950b) on both ends and both sliders include the same structures so when the slat (950a) is modified as above in claim 17 to include a slat recess on one end the modification would also include a slat recess on the other end, i.e. the slat would have the same mating structures with each slider in keeping with the arrangement in Pompili.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/Primary Examiner, Art Unit 3619