DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1, 3-5, 7-9, 14-21 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Wang (US 2008/0210029).
Regarding the claims, the prior art discloses the following:
1. (Currently Amended) A linear actuator comprising: a housing comprising: a main body (any of 72, 73, and/or 76) having a comprising a first main body part (72) including a first end of the main body (i.e, either end) and a second main body part (73) including a second end (i.e., either of other end) of the main body, wherein the first end (i.e., either end) of the main body is configured to be coupled (i.e., directly or indirectly) to a first component; a fastener (at least fig. 1 shows unlabeled screws which affix 72, 73) that attaches the first main body part to the second main body part; and a covering (any of 62, 63, and/or 40) attached over at least a portion of the main body in such a way that the covering conceals the fastener (fig. 4); and a rod (either of 7, 75) extending from the second end of the main body and configured to be coupled to a second component.
3. (Currently Amended) The linear actuator of claim 1, wherein the fastener attaches the covering to the main body (the fastener is capable of performing the functional limitation as claimed, insomuch as figs. 1 and 4 show screwholes of 62, 63 which accept fasteners).
4. (Original) The linear actuator of claim 1, wherein the covering (i.e., 40) extends past the second end of the main body and over a portion of the rod (fig. 4).
5. (Original) The linear actuator of claim 1, further comprising a cable (8) extending from the first end of the main body (fig. 4), wherein the covering (i.e., 40) extends past the first end of the main body and over a portion of the cable.
7. (Original) The linear actuator of claim 1, further comprising a cable (8) extending from the first end of the main body (fig. 4); wherein the covering (i.e., 40) extends past the first end of the main body and over a portion of the cable; and wherein the covering (i.e., 63) extends past the second end of the main body (fig. 4) and over a portion of the rod (7).
8. (Original) The linear actuator of claim 1, wherein the covering (63, 40) extends from the first end of the main body (i.e., 72, 73) to the second end of the main body (fig. 4).
9. (Original) The linear actuator of claim 1, wherein the covering (63, 40) extends from the first end of the main body (i.e., 72, 73, 76) to a location between the first and second ends of the main body (fig. 4).
14. (Original) The linear actuator of claim 1, wherein the linear actuator is a trim tab actuator, the first component is a boat, and the second component is a trim tab (intended use).
15. (Original) The linear actuator of claim 1, wherein the main body is defined in a longitudinal direction from the first to the second end thereof (fig. 4), and wherein the covering (62, 63, 40) comprises: a first side portion (either of 62, 63) extending in the longitudinal direction and covering at least a portion of a first side of the main body; a second side portion (either of other 62, 63) extending in the longitudinal direction and covering at least a portion of an opposite second side of the main body; and a bridge portion (35) extending over the first end of the main body and connecting the first side portion of the covering to the second side portion of the covering.
16. (Currently Amended) The linear actuator of claim 1, wherein the covering (i.e., 63) conceals a joint defined between the first main body part and the second main body part (fig. 4).
17. (Original) The linear actuator of claim 1, wherein the main body has a front side, a rear side, and left and right sides (figs. 1, 4); and wherein the covering (62, 63, 40) covers at least a portion of each of the front, rear, left and right sides of the main body.
18. (Original) The linear actuator of claim 1, further comprising mechanical components (any of 611, 74, and/or 71) configured to extend the rod (i.e., 75) from and retract the rod into the second end of the main body; wherein the mechanical components are fully sealed within the main body (figs. 1, 4); and wherein the covering (62, 63, 40) is an ancillary portion of the housing provided external to the main body (i.e., including 72, 73).
19. (Original) The linear actuator of claim 1, wherein an inner surface of the covering is immediately adjacent to an outer surface of the main body (fig. 4).
20. (Currently Amended) The linear actuator of claim 1, further comprising an additional fastener (figs. 1, 4 show unlabeled screw-holes within 62, 63 which accept fasteners) configured to attach the covering to the main body; wherein the covering comprises an aperture for insertion of the additional fastener (figs. 1, 4); and wherein the aperture is on a side of the covering that is configured to face the second component (structure meets the functional limitation, as claimed, insomuch as the actuator and/or second component is capable of being oriented as such).
21. (New) The linear actuator of claim 1, wherein the fastener extends through a hole formed in a flange at an upper end of the second main body part and into a receiving bore in the first main body part so as to attach the first main body part to the second main body part (figs. 1, 4).
Claim Rejections - 35 USC § 103
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0210029).
Regarding claims 10-12, It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to form the component (i.e., covering) out of a heat-shrink sleeve, and/or an elastomer, and/or with inclusion of a chemical treatment for the predictable result of optimizing the structural integrity of the components while minimizing spacing and costs, since it has been held to be well-within the general skill of a worker in the art to select from known materials on the basis of their suitability for the intended use.1
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2008/0210029), in view of Klimm et al. (US 2018/0112750).
Regarding claim 13, the prior art does not explicitly disclose a light.
Klimm teaches the use of lighting devices 323 which can be arranged within the housing (i.e., on control board 30, as disclosed). It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to use the LEDs as taught by Klimm in combination with the linear actuator structure disclosed by Wang, for the expected benefit of increasing the information available to a user, for instance about the status of the actuator, a well-known benefit in the art. The remaining limitations of the claim flow naturally from the explanations of the prior art above.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 T. S. FIX whose telephone number is (571)272-8535. The examiner can normally be reached M-Th 10a-3p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 5712707778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. SCOTT FIX/Primary Examiner, Art Unit 3618
1 See discussions of MPEP 2144.07 regarding Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) and In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
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