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 § 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, 6, 8, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dempsey in US Patent 7290826.
Regarding Claim 1, Dempsey teaches a tarp cover comprising: a cover (24) comprising a hem (see Fig. 2B) in a perimeter of the cover; a plurality of perimeter magnets (28) embedded in the hem of the perimeter of the cover; and a plurality of grommets (26) disposed in the hem of the perimeter of the cover interleaved with the plurality of perimeter magnets.
Regarding Claim 2, Dempsey teaches that the cover is a rectangular sheet (see claim 1).
Regarding Claim 6, Dempsey teaches that each of the plurality of perimeter magnets is a rectangular bar shape (see Fig. 2a).
Regarding Claim 8, Dempsey teaches that a portion (any selection of the plurality of magnets) of the plurality of perimeter magnets is a rectangular bar shape (see Fig. 2a).
Regarding Claim 11, Dempsey teaches that a portion (any selection of the plurality of grommets) of the plurality of grommets are disposed adjacent the hem of the perimeter of the cover (see Fig. 2a).
Regarding Claim 14, Dempsey teaches that a portion (such as those at the corners) of the plurality of grommets are disposed adjacent the plurality of perimeter magnets (see Fig. 2a).
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 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Dempsey as applied to Claim 1 above in view of Stacey in US Patent 719899. Dempsey is silent on the use of a non-rectangular shape for the cover. Stacey teaches a tarp cover, wherein the cover comprises a circular portion (at sides d and e), wherein the cover comprises a trapezoidal portion (at sides f) and a circular portion (at sides d and e) and wherein the cover comprises longitudinal sides (at sides f) and semicircular sides (at sides d and e). 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 Dempsey by using a tarp with straight sides and curved ends as taught by Dempsey in order to provide a tarp in the shape that meets the needs of the user.
Claims 7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Dempsey as applied to Claim 1 above in view of Jen et al in US Publication 2012/0187290. Dempsey is silent on the use of semicircular shaped magnets. Jen teaches a magnet (8042) in the shape of a semicircle (see Fig. 8A). 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 Dempsey by making each of or a portion of the plurality of magnets in a semicircular shape as taught by Jen in order to provide magnets that can conform to a curved surface. Such a device would therefore have each of the plurality of perimeter magnets is a semicircular bar shape, wherein a portion of the plurality of perimeter magnets is a semicircular bar shape, or a portion of the plurality of perimeter magnets is a rectangular bar shape (as taught by Dempsey) and another portion is semicircular bar shape.
Claims 12, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Dempsey as applied to Claim 1 above in view of Harmon in US Patent 3386568.
Dempsey is silent on the use of grommets in the magnets. Harmon teaches a magnet (20) with a grommet (22) defined therein. 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 Dempsey by replacing some or all of the plurality of perimeter magnet with magnets including a grommet as taught by Harmon in order to provide lighter and easier to mount magnets for the user. Such a device, as modified, would have each of the plurality of grommets are defined in each of the plurality of perimeter magnets, a portion of the plurality of grommets are disposed adjacent the hem and a portion of the plurality of grommets are defined in the plurality of perimeter magnets, or a first plurality of grommets disposed adjacent the hem and a second plurality of grommets defined in the plurality of perimeter magnets, depending on number of magnets replaced according to the user’s need.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Faulkner, Bryan, Sasaki et al., Huang, Whiteside, McBrearty, Huzar, and Siegel teach weighted tarps.
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.
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, 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