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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 23 December 2025 is acknowledged. The traversal is on the ground(s) that a single search would suffice and does not impose a serious burden on the Examiner. This is not found persuasive because the search has been performed and additional searching would be needed for the other inventions.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 1 and 7-10 are objected to because of the following informalities reasons. Appropriate correction is required.
Claim 1
Line 15 could use an “a” at the beginning and “the” between “and” and “inner”
Claim 7
An “a” could be inserted between “least” and “portion”
Claim 8
An “a” could be inserted between “least” and “portion”
Claim 9
A “the” could be inserted between “to” and “lower”
Claim 10
A “the” could be inserted between “to” and “lower”
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)(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.
Claims 1-4 and 10-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 3,727,656 to Luders.
Regarding claim 1, Luders teaches in Figure 3 [annotated below], a fill under tarp (A) [device (Column 1, Line 53)] for grain (Column 2, Line 65), comprising: a tarp body (B) having a plurality of tarp sections (11) [walls (Column 1, Line 54)], each tarp section (11) having an inner edge (C) extending to a terminal outer edge (D) defining an outer perimeter (10) [square base (Column 1, Lines 53-54)] of the tarp body (B); a tarp section seam (E) disposed between each adjoining tarp section (11), wherein the tarp section seam (E) extends between the inner (C) and terminal outer edge (D) of the tarp body (B); a yoke (14) [neck (Column 1, Line 56)] having a center [as seen], an inner terminal edge (F) defining a yoke opening (15, Fig 1) (Column 1, Lines 56-57) and an outer terminal edge (G), the yoke (14) disposed generally in the center [as seen] of the tarp body (B) and configured for strengthening [heat sealing of the neck would make the tarp stronger with its fusing bond (Column 1, Lines 63-65)] the tarp body (B); a center tower skirt (12) [pyramidal collar (Column 1, Line 55)] having a plurality of skirt sections (13) [walls (Column 1, Line 55)] having opposing section edges (H) disposed between opposing upper (J) and lower (K) terminal edges, the lower terminal edges (K) of the center tower skirt (12) define a center tower skirt opening (L) coincident with the yoke opening (15, Fig 1) configured to receive grain (Column 1, Line 5) for storing underneath [charging the device (Column 2, Lines 1-2)] the fill under tarp (A); at least one of the section edges (H) of each center tower skirt section (13) comprises a flared portion [truncated pyramidal shape (Column 1, Line 55)] with converging, outwardly extending flared edges [truncated pyramidal shape (Column 1, Line 55)]; and a transition seam (C/K) disposed between the outer terminal edge (G) of the yoke (14) and inner edge (C) of the tarp body (B).
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Regarding claim 2, Luders teaches in Figure 3 [annotated above], a center tower skirt section seam (Column 1, Lines 63-66) along which adjoining section edges (H) of the plurality of skirt sections (13) are joined.
Regarding claim 3, Luders teaches in Figure 3 [annotated above], a flared edge section seam (Column 1, Lines 63-66) along which adjoining flared edges of the flared portions (Column 1, Line 55) of the plurality of skirt sections (13) are joined.
Regarding claim 4, Luders teaches in Figure 3 [annotated above], a circumference of the lower terminal edge (K) of the center tower skirt (12) being greater than a circumference of the upper terminal edge (J) of the center tower skirt (12).
Regarding claim 9, Luders teaches in Figure 3 [annotated above], at least one section edge (H) of each skirt section (13) is orthogonal to the lower terminal edge (K) [in a plane parallel to the tarp sections 11].
Regarding claim 10, Luders teaches in Figure 3 [annotated above], at least one section edge (H) of each skirt section (13) is acute to the lower terminal edge (K).
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.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 3,727,656 to Luders in view of US Patent # 9,347,239 to Gaudet et al.
Regarding claims 5 and 7, Luders teaches a fill under tarp but does not teach a plurality of openings. However, Gaudet teaches in Figure 10, a plurality of openings (34) [grommets (Column 7, Lines 8-9)] disposed proximate a section edge (10), at least one set of the plurality of openings (34) are disposed in a bottom one of the section edges (10) for securing to a lift ring (36); a flaring flap (38) extending outward from the section edge (10), wherein at least a portion of the flap (38) is disposed behind a section seam (Column 7, Line 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grain storage cover of Luders with the grommets of Gaudet with a reasonable expectation of success because Gaudet teaches the openings are used to hold sections of the tarp together (Column 7, Lines 9-10) thus providing a handle for workers to be able to grab the tarp (Column 4, Lines 5-7).
Regarding claim 6, Luders teaches a fill under tarp but does not teach a plurality of openings. However, Gaudet teaches in Figure 10, a plurality of openings (34) [grommets (Column 7, Lines 8-9)] disposed proximate a section edge (10), at least one set of the plurality of openings (34) are disposed in a webbing (40) [stitching (Column 7, Line 5)] attached along an outwardly extending one of the section edges (10) for securing the edge section of an adjoining skirt section (10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grain storage cover of Luders with the grommets of Gaudet with a reasonable expectation of success because Gaudet teaches the openings are used to hold sections of the tarp together (Column 7, Lines 9-10) thus providing a handle for workers to be able to grab the tarp (Column 4, Lines 5-7).
Regarding claim 8, Luders teaches a fill under tarp but does not teach a center tower skirt having a flap. However, Gaudet teaches in Figure 10, a flap (38) extending outwardly from a section edge of a skirt (10), wherein at least a portion of the flap (38) is disposed behind a section seam (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grain storage cover of Luders with the flap of Gaudet with a reasonable expectation of success because Gaudet teaches the flap keeps water out of the storage area (Column 7, Lines 3-4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635