DETAILED ACTION
The following Final Office Action is in response to the amendment filed 4/15/2026.
Status of the claims: Claims 1-13 are hereby examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/15/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 6 is 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.
Claim 6 recites “durable” woven fabric. This is a term of relative degree. What defines “durable”.
Claims are being examined as best understood.
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 1-7 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Grat US 2007/0144688 in view of Gatham US 2009/0195014.
In regard to claim 1, Grat ‘688 discloses a screen assembly for covering an open window of a vehicle door, the screen assembly comprising: a screen unit having a panel (10, Fig. 1) made from a first material (paragraph [0014]) and a perimeter (20, Fig. 1) made from a second material (paragraph 90015]), the panel positioned (10) on an inside of the perimeter (20) and the perimeter comprising at least a top first side, a bottom second side, a left third side and a right fourth side (shown below); a plurality of magnets (40, left, bottom, right, Fig. 1) fixed inside the perimeter (20) at at least the bottom second side, the left third side and the right fourth side (shown below); and a plurality of inserts (40, top) made from a third material and fixed inside or on the perimeter at the top first side; the plurality of magnets (40) magnetically securing the screen assembly to the vehicle door at at least the bottom second side, the left third side and the right fourth side of the perimeter of the screen unit.
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Grat ‘688 fails to disclose the plurality of inserts sliding into a weather seal in the window of the vehicle to secure the screen assembly to the vehicle window at the top first side of the perimeter of the screen unit.
Gatham ‘014 discloses an insert (212) sliding into a weather seal in the window of the vehicle to secure the screen assembly to the vehicle window at the top first side of the perimeter of the screen unit. (paragraph [0113])
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Grat ‘688 to substitute a plurality of inserts to slide into a weather seal of the window was taught by Gatham ‘014 as such is shown to be a known means of affixing to an area around a window. Such would be useful for vehicles where there is plastic trim around a window opening or no metallic area near the window to affix the screen by a magnet. Pushing in the window seal area would provide a tight fit without gaps.
In regard to claim 2, Grat ‘688 fails to disclose a fifth perimeter side positioned between the bottom second side and left third side, and a sixth perimeter side positioned between bottom second side and right fourth side, the screen assembly configured in the shape of an irregular hexagon, and the fifth and sixth sides fixed with a plurality of magnets therein.
Gatham ‘014 discloses a window net may be dimensioned and configured to a wide range of window shapes. (paragraph [0111]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to make the screen of Grat ‘688 to include a fifth perimeter side between the bottom and left side and a sixth perimeter side positioned between the bottom side and the right side in the shape of an irregular hexagon as Gatham ‘014 discloses that man vehicles have windows which are not four sided and can be numerous irregular shapes. Such would allow the device to be used on a particular vehicle.
In regard to claim 3, Grat ‘688 disclose wherein the plurality of magnets (40) fixed inside the bottom second side, the left third side, the right fourth side, the fifth side (as obvious to modify above) and the sixth side (as obvious to modify above) magnetically secures the screen assembly to the vehicle door.
In regard to claim 4, Grat ‘688 discloses the first material (10) is a flexible, semi-permeable mesh. (paragraph [0018] states that the material will stop bugs from getting in but allow ventilation)
In regard to claim 5, Grat ‘688 discloses the first material is a mosquito net. Grat ‘688 fails to specifically disclose the first material is a nylon fabric. However, the examiner takes Official Notice that it is old and well known to form mosquito nets out of soft nylon and one having ordinary skill in the art would know to use such for the purpose of its durability and flexibility.
Examiner acknowledges applicant’s acceptance of examiner’s Official Notice that it is well known in the art to use a nylon fabric for mosquito nets. Applicant’s lack of arguments or traversal results in the Official Notice being acknowledged as admitted prior art. Per MPEP 2144.03 [R-1] (C) (emphasis by examiner):
If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate. If the traverse was inadequate, the examiner should include an explanation as to why it was inadequate.
Thus the issues are considered admitted prior art.
In regard to claim 6, Grat ‘688 discloses wherein the second material is a durable woven fabric (abstract states canvas).
In regard to claim 7, Grat ‘688 as modified by Gatham ‘014 discloses the third material is a plastic polymer tubing (Gatham ‘014 paragraph [0112]). Gatham 014 fails to disclose the third material is foam. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the third material be foam, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Foam would provide a similar crushability while being durable and long lasting.
In regard to claim 9, Grat ‘688 fails to disclose specifically that the window is a roll-down rear window. However, Grat ‘688 states that the screen can be created to match any automobile passenger window size, thus it would have been obvious that the window could be a roll-down rear window.
In regard to claims 10-11, Grat ‘688 discloses the perimeter (20) is flexible and durable enough to be folded and sewn or adhered to the panel (10) such that the perimeter houses the plurality of magnets (40, left, bottom, right) and the plurality of inserts (40, top). (Abstract)
In regard to claim 12, Grat ‘688/Gatham ‘014 disclose a method of installing the screen assembly comprising the steps of securing the plurality of magnets (40, Grat ‘688) fixed inside the perimeter at the bottom second side, the left third side, the right fourth side, the fifth perimeter side and the sixth perimeter side to the vehicle door, and pushing or sliding the plurality of inserts (as modified by Gatham ‘014) on or in the top first side of the perimeter into a window seal to secure the screen assembly to the vehicle window of the vehicle door.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Grat US 2007/0144688 and Gatham US 2009/0195014 as applied to claim 1 and further in view of Lederle et al US 2005/0274060.
In regard to claim 8, Grat ‘688/Gatham ‘014 fail to disclose the screen assembly further comprises a carry bag for storing the screen assembly when not in use.
Lederle et al ‘060 disclose the screen assembly further comprises a carry bag for storing the screen assembly when not in use (paragraph [0036]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Grat ‘688/Gatham ‘014 to include a carry bag as taught by Lederle et al ‘060 for the purpose of convenient storage to keep the device free or dirt, oil or other contaminants. (paragraph [0036])
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Grat US 2007/0144688 and Gatham US 2009/0195014 as applied to claim 1 and further in view of Munchin Brica Magnetic Stretch to Fit Sun Shade.
In regard to claim 13, Grat ‘688/Gatham ‘014 fail to disclose further comprising the step of pulling the perimeter at the bottom second side, the left third side, the right fourth side, the fifth perimeter side and the sixth perimeter side distally to tighten the screen assembly over the window.
Munchkin Brica Magnetic Stretch to Fit Sun Shade video, the step of pulling the perimeter at to tighten the screen assembly over the window. (video from :19-:25)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success to perform the pulling of the perimeter of the screen assembly as taught by Munchkin Brica Stretch to Fit Sun Shade for the purpose of maximizing the coverage and ensuring a tight fit.
Response to Arguments
Applicant's arguments filed 4/15/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that it would not be obvious to modify the device of Grat to replace the magnets of Grat with the tubing of Gatham the examiner respectfully disagrees. As clarified in the rejection above, using the inserts of Gatham would allow attachment in areas which may not have a metallic/magnetic surface close by. As such, one having ordinary skill in the art would be motivated for such modification.
In response to applicant’s argument that even if the modification would have been obvious, the limitations of claim 1 would not have been met, the examiner respectfully disagrees. Applicant states that Gatham only discloses a continuous length of polymeric tubing and not a plurality of inserts, however, paragraph [0118] and Figure 4 clearly disclose a plurality of discrete inserts (412a-e) can be used.
In response to applicant’s argument that Gatham does not disclose using the insert to secure the top of the screen, the examiner respectfully disagrees. As applicant states that Gatham discloses the plastic tubing “may extend along other sides as well”, this clearly teaches that the tubing could be used on the top side for connection. The fact that Gatham discloses that the device is sized to be draped does not discount the teaching that Gatham recognizes that it could be beneficial to use the tubing on any side.
Conclusion
THIS ACTION IS MADE FINAL. 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 JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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