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 .
Specification
The disclosure is objected to because of the following informalities: in paragraphs 0041 and 0042, the first and second panels are described as being “xenon.” Xenon is a heavy, odorless, and colorless noble gas. It cannot be formed into a panel. These paragraphs also describe the panels as being formed of well-known fabrics polyester or nylon. The specification uses inconsistent materials terminology for the panels.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 recites “a plurality of support bars positioned between an inner surface and an outer surface of the first panel and the second panel” which is not considered enabled by the disclosure. The broadest reasonable interpretation of the system includes support bars that are located within the first and second panels. However, each panel is described (paragraph 0018-0019) as “a rectangular piece of fabric” (emphasis added). The specification does not disclose first and/or second panels that have multiple sheets of fabric or panels comprising fabric that has some manner of interior space into which the support bars may be inserted. The state of the art at the time of filing shows that support bars may be placed into sleeves or between sheets of fabric. The specification does not provide a means for inserting a support bar into a single piece of fabric. Taking these factors into account, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of Claim 1. Thus, Claim 1 is not enabled by the disclosure. For the purposes of examination, any device including first and second panels supported in any means by support bars will be considered sufficient to meet these limitations in the claim.
Claim 17 recites that “the first panel and second panel are composed of xenon” which is not considered enabled by the disclosure. Xenon is a heavy, odorless, and colorless noble gas. It cannot be formed into a panel. The state of the art at the time of filing shows that there is no known means for forming a noble gas into a panel and the specification does not provide direction as to how to do so. Taking these factors into account, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of Claim 17. Thus, the claim is not enabled by the disclosure. For the purposes of examination, any panel that is polyester or nylon and between 20 and 30 denier will be considered sufficient to meet the limitations of Claim 17.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 13 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “button assembly” in claims 4 and 13 is used by the claim to mean “a plurality of interlocking discs,” (as defined by the applicant in Paragraph 0025 of the Specification) while the accepted meaning is “a small disc sewn onto fabric and passed through a buttonhole or loop to join two pieces of cloth.” The term is indefinite because the specification does not clearly redefine the term.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hibbert in US Patent 3800814.
Regarding Claim 1, Hibbert teaches a tarpaulin side cover assembly comprising: a first panel (20) and a second panel (opposite 20) coupled at an upper ridge line (along 22a); the first panel having a central opening (between 27/28) extending along a central portion of the first panel; a plurality of support bars (15) positioned between an inner surface and an outer surface of the first panel and the second panel (as best understood); a pair of side panels (11) positioned at each end of the first panel and the second panel; and a cover panel (22) having a rear edge coupled to the upper ridge line.
Regarding Claim 2, Hibbert teaches a zipper assembly (“a zipper fastener means”) positioned on the first panel along the central opening.
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 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hibbert as applied to Claim 2 above in view of Gilmore in US Publication 2016/0017631.
Regarding Claims 3 and 4, Hibbert is silent on the use of an opening on the end panels. Gilmore teaches a tarpaulin side cover assembly including a pair of side panels (129a/130a), wherein each side panel of the pair of side panels includes a central opening (117a) extending along a central portion of the side panel and further comprises a button assembly (“closed by any conventional means, including but not limited to Velcro®, clips, zippers, straps, buttons, snaps”) – see Paragraph 0024) positioned along the central opening of each side panel of the pair of side panels. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hibbert by using end panels with a central opening as taught by Gilmore in order to allow the user to access the interior from any side they desire.
Regarding Claim 5, Hibbert, as modified, teaches that the cover panel extends a length of the first panel (see Fig. 1).
Regarding Claim 6, Hibbert, as modified, teaches that the cover panel further includes a coupler (24/25) positioned along a front edge of the cover panel.
Regarding Claim 7, Hibbert, as modified, teaches that the coupler includes a receiving passageway (through which 26 projects).
Regarding Claim 8, Hibbert, as modified, teaches that the cover panel further includes a plurality of stabilizers (26).
Regarding Claim 9, Hibbert, as modified, teaches that each stabilizer is connected to the coupler and extends the cover panel away from the first panel (see Fig. 1).
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hibbert in US Patent 3800814 in view of Gilmore in US Publication 2016/0017631.
Regarding Claims 12 and 13, Hibbert teaches a tarpaulin side cover assembly comprising: a first panel (20) and a second panel (opposite 20) coupled at an upper ridge line (along 22a); the first panel having a central opening (between 27/28) extending along a central portion of the first panel; a zipper assembly (“a zipper fastener means”) positioned along the central opening of the first panel; a pair of side panels (11) coupled to an edge of the first panel and an edge of the second panel, and a cover panel (22) having a rear edge coupled to the upper ridge line (at 22a) and covering the zipper assembly, the cover panel extending away from the first panel (see Fig. 1).
Hibbert is silent on the use of an opening on the end panels. Gilmore teaches a tarpaulin side cover assembly including a pair of side panels (129a/130a), wherein each side panel of the pair of side panels includes a central opening (117a) extending along a central portion of the side panel and further comprises a button assembly (“closed by any conventional means, including but not limited to Velcro®, clips, zippers, straps, buttons, snaps”) – see Paragraph 0024) positioned along the central opening of each side panel of the pair of side panels. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hibbert by using end panels with a central opening as taught by Gilmore in order to allow the user to access the interior from any side they desire.
Regarding Claim 14, Hibbert, as modified, teaches that the cover panel further includes a coupler (24/25) positioned along a front edge of the cover panel.
Regarding Claim 15, Hibbert, as modified, teaches that the cover panel further includes a plurality of stabilizers (26).
Regarding Claim 16, Hibbert, as modified, teaches that each stabilizer is connected to the coupler (see Fig. 1).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hibbert, as modified, as applied to claim 16 above, and further in view of Nakajima et al. in US Patent 5269862. Hibbert, as modified, is silent on the material used for the first and second panels. Nakajima teaches a fabric for the panels of a tent, the fabric is between 20 denier and 30 deniers of polyester (“30-denier … polyester yarn” – see Column 14, lines 51-52 or nylon and, wherein the fabric is coated with at least eighty percent (80%) silicone (“an appropriate agent, such as silicone” – see Column 8, lines 59-60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second panels of Hibbert, as modified, by using polyester coated with silicone as taught by Nakajima in order to provide a lightweight, durable and water-repellant cover for the device.
Allowable Subject Matter
Claims 10 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brooks, Loring, Bowen, Matlock, Nellis, Brewer et al., and Davidovici teach side cover tarpaulins.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636