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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown and properly identified in the specification by a reference number, or the feature(s) canceled from the claim(s).
a strap coupled to the first fabric material (claim 11)
a third material bonded to the second material opposite the first material (claim 20)
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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
a third material bonded to the second material opposite the first material, and the third material comprising a second non-slip material (claim 20)
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 20 sets forth an accessory comprising a third material bonded to the second material opposite the first material, wherein the first material is a first non-slip material, the third material is configured to contact the boat cover; and the third material comprises a second non-slip material (emphasis added). However, the specification fails to adequately disclose the claimed structure or functionality or purpose of such feature. Therefore, in absence of adequate guidance in the disclosure, a skilled person would not be able to make and/or use the claimed invention.
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.
Claim 7 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.
In claim 7, the limitation “the corner region is free from the second material” (emphasis added) renders the claim indefinite. It is noted that the preceding claim 6 recites that the second material is continuous around the perimeter of the first fabric material. It is however not clear as to how the corner region could be free from the second material while also being continuous around the perimeter of the first fabric material. Did the applicant intend claim 7 to depend from claim 5 instead of claim 6?
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.
Claims 1-3, 5 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rose (US 20130239328 A1).
It is first noted that the preamble limitation “boat cover” in the claim has been interpreted as any cover that is capable of being used for covering a portion of a boat.
Further, regarding claim 1, Rose discloses a cover comprising: a first fabric material [104, 106] defining an exterior surface of the cover and at least partially defining an interior surface of the cover; and a second material [108] coupled to the first fabric material, wherein the second material is a non-slip material different from the first fabric material, the second material extending at least partially around a perimeter of the first fabric material, the second material at least partially defining the interior surface of the cover (see ¶0021-¶0023).
Re claim 2, the second material comprises rubber or silicone (see abstract and ¶0021).
Re claim 3, the second material is coupled to the first fabric material by sewing, bonding, or an adhesive (see ¶0021)
Re claim 5, the second material, when formed as dots, is discontinuous around the perimeter of the first fabric material.
Re claim 7, as best understood, the first fabric material defines a corner region and an edge region adjacent to the corner region, wherein the corner region is free from the second material; and the second material extends along the edge region.
Re claim 8, Rose also discloses the use of a rubber-backed material, a flannel material or a combination thereof (see ¶0021), which suggests a use of both the rubber-backed material together with the flannel material. In the present case, the flannel material is considered to be the third, soft material different from the first fabric material and the second material, the third material at least partially defining the interior surface of the boat cover.
Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Byfield (US 5,542,137 A).
As noted above, the preamble limitation “boat cover” in the claim has been interpreted as any cover that is capable of being used for covering a portion of a boat. Regarding claim 1, Byfield discloses a cover (Fig 4) comprising: a first fabric material [20] defining an exterior surface of the cover and at least partially defining an interior surface of the cover; and a second material [12] coupled to the first fabric material, wherein the second material is a non-slip neoprene rubber material different from the first fabric material, the second material extending at least partially around a perimeter of the first fabric material, the second material at least partially defining the interior surface of the cover (see abstract).
Re claim 2, the second material comprises neoprene rubber (col. 3, lines 1-2).
Re claim 3, the second material is coupled to the first fabric material by sewing, bonding, or an adhesive (col. 3, lines 5-8)
Re claim 6, the second material is continuous around the perimeter of the first fabric material.
Claims 1-3, 5, 7, 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woodruff Sr. (US 2,764,765 A)
Woodruff Sr. discloses a cover comprising: a first fabric material [1] defining an exterior surface of the cover and at least partially defining an interior surface of the cover (col. 2, lines 32-33); and a second material [26] coupled to the first fabric material (Figures 2, 11 and 13), wherein the second material is a non-slip rubber material different from the first fabric material, the second material extending at least partially around a perimeter of the first fabric material, the second material at least partially defining the interior surface of the cover.
Re claim 2, the second material comprises rubber (col. 3, lines 17-18).
Re claim 3, the second material is coupled to the first fabric material by sewing, bonding, or an adhesive (Fig 11)
Re claim 5, the second material is discontinuous around the perimeter of the first fabric material.
Re claim 7, as best understood, the first fabric material defines a corner region and an edge region adjacent to the corner region; the corner region is free from the second material; and the second material extends along the edge region.
Re claim 9, a vent [10] is disposed in the first fabric material (Fig. 8), wherein the vent is operable to create a pressure differential between an interior and an exterior of the boat cover when air moves over the boat cover.
Re claim 10, an elastic material [18, 27] is coupled to the first fabric material and extending at least partially around a perimeter of the first fabric material.
Re claim 11, a strap [23] is coupled to the first fabric material, the strap when tightened is configured to apply pressure from the first fabric material to the second material.
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 4 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rose (US 20130239328 A1) in view of Keller et al. (US 6,174,584 B1)
Rose discloses a cover comprising a first fabric material, as described above, wherein the fabric material is a breathable material.
Rose however fails to disclose the first fabric material as comprising a water resistant, breathable material (claims 4, 12 and 17)
Keller et al. discloses a cover comprising a first fabric material comprising a water resistant, breathable material (see abstract)
It would have been obvious to a person with ordinary skill in the art before the effective filing date of the invention to construct the first fabric material of Rose with a water resistant, breathable material, as taught by Keller et al. Having such a modification would have made the cover of Rose more protective against allergens and comfortable during use. With such a modification in place, the modified cover of Rose could still be used to cover a portion of a small boat.
Re claim 13, although Rose discloses the second material as being applied, adhered, or otherwise attached to the first fabric material (see ¶0021), it does not expressly disclose any specific mechanism or material used for adhering the second rubber material to the first fabric material. It is however noted that use of adhesives for adhering materials to fabric material is old and well known in the art. Therefore, it would have been obvious to a person with ordinary skill in the art before the effective filing date of the invention to use an adhesive material for attaching the second rubber material to the first fabric material. Using such adhesive or a bonding agent would have provided a simple, inexpensive and efficient mechanism for attaching the second rubber material to the first fabric material.
Re claim 14, the second material comprises silicone or rubber.
Re claim 15, as explained above, Rose discloses the use of a rubber-backed material, a flannel material or a combination thereof (see ¶0021), which suggests a use of both the rubber-backed material together with the flannel material. In the present case, the flannel material is considered to be the third, soft material different from the first fabric material and the second material, the third material at least partially defining the interior surface of the boat cover.
Re claim 16, the second material extends continuously or discontinuously along a perimeter of the first fabric material.
Re claim 17, with the above modification in place, the rubber material can alternatively be considered to be the first material and the modified fabric material is considered to be the second material.
Re claim 18, the first material and the second material form an annular shape.
Re claim 19, the first material comprises a silicone or rubber material. Further, although Rose discloses the first material as being a fabric (see ¶0021), it does not expressly disclose such fabric being formed from polyester, acrylic, or nylon. However, it would have been obvious to a person with ordinary skill in the art before the effective filing date of the invention to use a material like polyester as the first fabric material. Using such a material would have resulted in an inexpensive and durable product.
Re claim 20, with the above modification in place, the third material would be bonded to the second material opposite the first material, wherein: the first material is a first non-slip material; the third material is configured to contact the boat cover; and the third material comprises a second non-slip material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stamberger (US 3343556), Timerman (US 5401074) and FR-1321203 each discloses a rubber material attached to a cover fabric material
Mazzarelli (US 8066318) shows a vent operable to create a pressure differential between an interior and an exterior of a boat cover
Langley (US 7157388) shows a waterproof and breathable/permeable boat cover
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJAY VASUDEVA whose telephone number is (571)272-6689. The examiner can normally be reached 6:00 am - 3:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AJAY VASUDEVA/Primary Examiner, Art Unit 3615
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