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 .
This office action is in response to the amendment filed 03 July 2026, in which claims 1 and 3-10 were amended.
Drawings
The replacement drawings received 03 July 2026 are acceptable, have been entered, and overcome a portion of the drawing objections set forth in the non-final office action
The drawings remain objected to under 37 CFR 1.83(a) because the drawings must show every feature of the invention specified in the claims. Therefore, “wherein neither of the first and second spring pins (34) has a notch (3401)” in claim 5 must be shown or the feature(s) canceled from the claim(s). The notch is assigned reference character “3401”, and the spring pin clearly has a notch in the drawings (figure 17), whereas the claim states that neither of the spring pins has a notch. 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.
Specification
The disclosure is objected to because of the following informalities. Examiner suggests the changes below:
“support bare body” be changed to --support bar body-- (paragraph 0011);
“intermediate bare” be changed to --intermediate bar-- (paragraph 0018);
“support bare body” be changed to --support bar body-- (paragraph 0054);
“the a slider protrusion lock” be changed to --the slider protrusion lock-- (paragraph 0054);
“hen” be changed to --then-- (paragraph 0067);
“to connected to” be changed to --to connect to-- (two recitations in paragraph 0071);
“intermediate bare” be changed to --intermediate bar-- (paragraph 0092);
“bard head” be changed to --bar head-- (paragraph 0095).
Appropriate correction is required.
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 5-7 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.
In regards to claim 5, it is unclear if “a second cavity” (line 6) is the same as previously claimed second cavity (line 3). Examiner suggests referencing subsequent recitations of the same feature with the term “the” or “said”. Clarification and rephrasing are required.
In regards to claim 5, it is unclear how neither of the spring pins has a notch (lines 8-9), when the notch is assigned a reference character “3401” in the claim, and thus the spring pin does have a notch. Clarification and rephrasing are required.
Claim 6 recites the limitation "the length" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant may be able to overcome this rejection by rephrasing to read --a length--.
In regards to claim 6, it is unclear if “a left joint protrusion” (line 3) is the same as previously claimed left joint protrusion (claim 5). Examiner suggests referencing subsequent recitations of the same feature with the term “the” or “said”. Clarification and rephrasing are required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yue (US 7905536 B2) in view of Shen et al. (US 2022/0203813 A1), further in view of Wheatley et al. (US 6024401 A). Yue discloses a soft car cover structure comprising:
(claim 1) a front rail (frontmost transverse rail of foldable frame #2; marked-up figure 1 below);
a joint group (hinges #24; figure 1);
a rear rail (rearmost transverse rail of foldable frame #2; marked-up figure 1 below);
side rails (left and right longitudinal side rails formed by outer rails #211, 221, 231; marked-up figure 1 below);
a first support bar (inner rail #212; figure 1);
a third support bar (inner rail #222; figure 1);
a fourth support bar (inner rail #232; figure 1);
the first support bar (#212), the third support bar (#222), and the fourth support bar (#232) are all connected to the side rails (left and right longitudinal rails formed by outer rails #211, 221, 231; figure 1; column 5, lines 3-32);
the front rail (frontmost transverse rail of foldable frame #2), the rear rail (rearmost transverse rail of foldable frame #2), the first support bar (#212), the third support bar (#222) and the fourth support bar (#232) form a transverse support structure (figure 1; column 5, lines 3-32);
the side rails (left and right longitudinal rails formed by outer rails #211, 221, 231) and the joint group (#24) form a longitudinal support structure (figure 1; column 5, lines 3-32);
two adjacent side rails (outer rails #211, 221, 231) are connected to each other by the joint group (hinges #24; figure 1; column 5, lines 3-32);
the longitudinal support structure (including left and right longitudinal rails formed by outer rails #211, 221, 231 and hinges #24) and the transverse support structure (including frontmost transverse rail of foldable frame #2, rearmost transverse rail of foldable frame #2, and inner rails #212, 222, 232) form a car cover frame (foldable frame #2) connected to a piece of tarpaulin (flexible cover #1; figure 1; column 4, line 53-column 5, line 32);
(claim 4) the joint group (hinges #24) comprises a large joint group, a medium joint group, and a small joint group (amount of hinge groups may vary according the amount of frame sections; column 5, lines 3-10; the limitations of claim 4 following the phrase “Or alternatively” are written in the alternative, and the prior art need only read on one of the alternative limitations);
(claim 8) the side rails (left and right longitudinal side rails formed by outer rails #211, 221, 231) are connected to the vehicle body (including side wall #41 of cargo bed) by an anti-detachment assembly (clamp structure #3; figures 2, 4, 5; column 5, lines 25-67);
(claim 9, 10) the waterproof spacers and fourth support bar were claimed in preceding claim 4 in the alternative; since the waterproof spacers and fourth support bar were not positively recited, the limitations of claims 9 and 10 are not required to be disclosed by the prior art.
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Yue discloses a clamp structure (#3), but does not disclose the claimed T-bar clamp structure.
Shen et al. teaches a car cover structure comprising:
(claim 1) front, rear, and side rails (frame body aluminum extrusion #8; figures 1-3);
transverse support bars (cross rod aluminum extrusion #1) connected to the side rails (#8; figures 1-3);
the transverse support bar comprises a support bar body (cross rod aluminum extrusion #1), a support bar T-bar (T-rod #3) and a support bar slider (#2; figure 1; paragraph 0014);
the support bar body (#1) is connected to the side rails (#8; figures 1-3);
the underside of the support bar body (#1) is a support bar support surface (bottom surface of cross rod aluminum extrusion #1; figures 1, 2, 4A-4D);
the support bar slider (#2) is connected (via slide hole channel #203 fitted over cross rod aluminum extrusion #1) to the support bar body (#1; figures 1-4D; paragraphs 0016, 0022);
the support bar slider (#2) is provided with a slider protrusion lock (including transverse U-shaped channel #202) and an intermediate sliding groove (including vertical U-shaped channel #201; figure 1; paragraphs 0016-0017, 0022);
the slider protrusion lock (#202) is used to catch the support bar T-bar (#3; figure 1; paragraphs 0016-0017, 0022);
when a long bar (threaded rod #302) is caught with the slider protrusion lock (#202), the support bar T-bar (#3) is located between the slider protrusion lock and the support bar support surface (bottom surface of cross rod aluminum extrusion #1; figures 1, 2, 4A-4D);
the support bar T-bar (#3) includes a cylindrical head (T-head #301) extending into the intermediate sliding groove (#201; figure 1; paragraphs 0017, 0022);
(claim 2) the transverse support bar (#1) comprises a support bar slider insert (buckle block #4 or T-insertion block #7) and a support bar wrench (handle #5), the support bar wrench is connected to the support bar T-bar (#3), and the support bar slider insert is connected (at least indirectly) to the support bar slider (#2; figure 1; paragraphs 0014-0022);
(claim 3) the support bar T-bar (#3) further comprises the long bar (#302) which is an integral structure together with the cylindrical head (#301), and the long bar is used to be pressed in under the slider protrusion lock (#202) to lock the long bar (figure 1; paragraphs 0016-0017, 0022);
(claim 8) the side rails (side rails of frame body aluminum extrusion #8) are connected to a vehicle body (including compartment side wall #10) by an anti-detachment assembly (buckle locking structure; figures 1, 4A-4D);
the anti-detachment assembly (buckle locking structure) comprises an upper hook (slider #2), an anti-detachment T-bar (T-rod #3), and a lower hook (including hook part #404 of buckle block #4; paragraphs 0014-0024; figures 1, 4A-4D);
wherein the upper hook (#2) is attached (via cross rod aluminum extrusion #1 and T-insertion block #7) to the side rail (side rails of frame body aluminum extrusion #8; figures 1, 2);
the upper hook (#2) has a bayonet (including vertical U-shaped channel #201 and a transverse U-shaped channel #202, which catch T-head #301 of T-rod #3 in a similar manner to Applicant’s “bayonet” #13101; figure 1; paragraphs 0016-0017, 0022);
the anti-detachment T-bar (T-rod #3) passes through the lower hook (buckle block #4; figure 1; paragraphs 0018, 0022);
one end of the anti-detachment T-bar (#3) is equipped with a locking port/head (T-head #301; figure 1; paragraphs 0016-0017, 0022; the specific shape of the head being a matter of obvious design choice);
the other end of the anti-detachment T-bar (#3) is connected to an anti-detachment plum-shaped nut (circular insertion block #6 including threaded hole #601; paragraphs 0022, 0024; figures 1, 4A-4D).
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 soft car cover structure of Yue to include the T-bar clamp structure, as taught by Shen et al., so as to provide a simple and easy locking structure that can be quickly and accurately moved to the position to be clamped (Shen et al.: paragraphs 0001, 0025).
In regards to claim 1, Yue does not disclose waterproof tapes. Wheatley et al. teaches a soft car cover structure (tonneau cover #10; figure 1) comprising waterproof tape (foam tape #96) connected to a longitudinal support structure (including side rails #28; figure 3; column 3, lines 54-57). 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 soft car cover structure of Yue to include waterproof tapes, as taught by Wheatley et al., so as to position foam tape between the side rail of the cover structure and the sidewall of the vehicle cargo box to “avoid marring the surface finish of the sidewall and to provide a water tight seal there between” (Wheatley et al.: column 3, lines 54-57).
Allowable Subject Matter
Claims 5-7 appear to 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. Once clarification of the claims has been made, Examiner will make a further comparison to the prior art.
Response to Arguments
Applicant’s arguments filed 03 July 2026 have been considered and are not persuasive.
In regards to page 6 and the drawing objections, Applicant states that claim 5 has been amended to better align with the drawings. Claim 5 was amended to change “the spring pin (34) does not have a notch (3401)” to “wherein neither of the first and second spring pins (34) has a notch (3401)”. This amendment does not overcome the drawing objection. The drawings remain objected to under 37 CFR 1.83(a) because the drawings must show every feature of the invention specified in the claims. The limitation “wherein neither of the first and second spring pins (34) has a notch (3401)” in claim 5 must be shown or the feature(s) canceled from the claim(s). The notch is assigned reference character “3401”, which is shown in figure 17 and discussed in paragraphs 0014 and 0071-0075. While paragraphs 0014 and 0071-0075 discuss a configuration in which the spring pin does not have a notch, the drawings and the specification do not clearly set forth what a configuration without the notch would look like. The only configuration supported by the drawings is one in which the spring pin has a notch. No new matter should be entered.
In regards to page 6 and the specification objections, Applicant states that the specification has been amended to overcome typographical and grammatical errors, but no specification amendments were received. Accordingly, the objections to the specification have been maintained.
In regards to pages 8-14, Applicant points out purported differences between Shen et al. (US 2022/0203813 A1) and Applicant’s claimed invention. In regards to pages 15-17, Applicant points out purported differences between Yue (US 7905536 B2) and Applicant’s claimed invention. As set forth above, Yue (US 7905536 B2) discloses all positively claimed features of a soft car cover structure set forth in claims 1-4 and 8-10, with the exception of a T-bar clamp structure and waterproof tapes. As set forth above, Shen et al. (US 2022/0203813 A1) teaches all positively claimed features of the T-bar clamp structure in claims 1-4 and 8-10, and Wheatley et al. (US 6024401 A) teaches waterproof tape of claim 1. The additional limitations discussed by Applicant in pages 8-17 are not stated in the claims. It is the claims that define the claimed invention, and it is the claims, not the specification, that are anticipated or unpatentable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The newly cited prior art discloses car cover structures including front, rear, and side rails, transverse support bars, joints, and T-bar locking clamps.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
Prosecution Insights