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
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 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 4440814.
Regarding claim 1, DE 4440814 discloses:
A cover assembly (Fig. 1 below), comprising:
a housing (4; annotated Figs. 1 and 3 below) having an accommodation space (5; annotated Figs. 1 and 3 below);
a cover (1; annotated Figs. 1 and 3 below) movable relative to the housing (4; annotated Figs. 1 and 3 below) and having a closed position (annotated Fig. 1 below) and an open position (annotated Fig. 1 below), the cover (1; annotated Figs. 1 and 3 below) closing a door plate opening (2; annotated Figs. 1 and 3 below) on a door plate (13; annotated Fig. 1 below) when the cover (1; annotated Figs. 1 and 3 below) is in the closed position (annotated Fig. 1 below); and when the cover (1; annotated Figs. 1 and 3 below) is in the open position (annotated Fig. 1 below), the cover (1; annotated Figs. 1 and 3 below) being accommodated in the accommodation space (5; annotated Figs. 1 and 3 below) and exposing the door plate opening (2; annotated Figs. 1 and 3 below); and
a drive assembly (including rod 17; annotated Fig. 1 below; see the fourth line from the bottom of page 4 of the provided English language translation), a first end of the drive assembly (of rod 17 as pointed out in annotated Fig. 1 below) being linearly movable (so as to cause sliding of the first end of the cover along straight guide portions (11; annotated Fig. 1 below); see page 3 of the provided English language translation, line 4 from the top and line 6 of the second paragraph) in a first direction, a second end of the drive assembly (of rod 17 as pointed out in annotated Fig. 1 below) being rotatably connected (*indirectly* by way of connection of the drive assembly rod (17; annotated Fig. 1 below) to transmission part (16; annotated Fig. 1 below) which is rotatably connected to transmission lever (14; annotated Fig. 1 below) which is rotatably connected to the cover by element 8 (annotated Fig. 1 below); see the third and fourth lines from the bottom of page 3 of the provided English language translation; where the rotation of the lever 14 is shown when comparing a generally horizontal orientation when the cover is in an open position to an inclined orientation when the cover is in the closed position, where these different orientations are shown in annotated Fig. 1 below) to a first end of the cover (as pointed out in annotated Fig. 1 below);
wherein the housing (4; annotated Figs. 1 and 3 below) defines a first guide portion (10; annotated Fig. 1 below) and a second guide portion (10’; annotated Fig. 1 below), a first end (as pointed out in annotated Fig. 1 below) of the cover (1; annotated Figs. 1 and 3 below) being movable along the first guide portion (as the cover moves from the closed position to the open position, where such positions are illustrated in annotated Fig. 1 below), and a second end (as pointed out in annotated Fig. 1 below) of the cover (1; annotated Figs. 1 and 3 below) being movable along the second guide portion (as the cover moves from the closed position to the open position, where such positions are illustrated in annotated Fig. 1 below).
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Allowable Subject Matter
Claims 2-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The recitation in claim 2 of the drive assembly being configured to enable the first end of the cover to move downward is not taught for fairly suggested by the prior art of record. Specifically, in DE 4440814, the only prior art of record which reads on parent claim 1, the cover slides horizontally so that the first end of the cover does not move downward.
The recitation in claim 3 of the housing further defines a drive guide portion extending in the first direction; wherein the first end of the drive block is accommodated in the drive guide portion is not taught for fairly suggested by the prior art of record. Specifically, DE 4440814, the only prior art of record which reads on parent claim 1, does not teach a separate drive guide portion for a first end of the drive block.
Claims 4 and 5 are considered to contain allowable subject matter at least due to their ultimate dependence on parent claim 3 which contains allowable subject matter.
The recitation in claim 6 of the drive assembly comprises a drive block and a guide member, a first end of the guide member is the first end of the drive assembly, a second end of the guide member is rotatably connected to a first end of the drive block, and a second end of the drive block is the second end of the drive assembly; and the first end of the guide member is accommodated in the first guide portion is not taught for fairly suggested by the prior art of record. Specifically, DE 4440814, the only prior art of record which reads on parent claim 1, does not disclose a guide member of the drive assembly which is the first end of the drive assembly being accommodated in the first guide portion, where the drive assembly is also linearly movable in a first direction as required by parent claim 1.
Claims 7 and 8 are considered to contain allowable subject matter at least due to their dependence on parent claim 6 which contains allowable subject matter.
The recitation in claim 9 of the drive assembly comprises a drive block, a first end of the drive block being the first end of the drive assembly, wherein the first end of the drive block is accommodated in the first guide portion is not taught nor fairly suggested by the prior art of record. Specifically, DE 4440814, the only prior art of record which reads on parent claim 1, does not disclose the first end of the drive block being accommodated in the first guide portion where the drive assembly is also linearly movable in a first direction as required by parent claim 1.
Claim 10 is also considered to contain allowable subject matter at least due to its dependence upon on parent claim 9 which contains allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Herrmann et al. US 10,052,947 disclose a slidable cover with a single guide portion on each side of the housing. See Fig. 2A
Ballard US 8,089,228 disclose a slidable cover with spaced guides. See Fig. 10.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571)270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612