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 clock spring must be shown or the feature(s) canceled from the claim(s). 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.
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 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 5, line 2, the phrase, “second fabric management bows is operably coupled to said and manages a said cover” is indefinite. It is unclear what is claimed by the phrase.
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.
Claims 1-7, 9-11, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Huotari et al. (US Patent Application Publication 2012/0098292) in view of Bennett et al. (US Patent Application Publication 2014/0339851).
Re claims 1 and 10, Huotari et al. discloses a soft tonneau top cover assembly operably adapted for a pickup truck vehicle, comprising a first fabric management bow (62, figure 3), a pair of first arms (64 and the mirror opposite of 64, figure 3) operably connected to said first fabric management bow; a second fabric management bow (36, figure 3), a pair of second arms (40 and the mirror opposite of 40, figure 3) operably connected to said second fabric management bow; a plurality of pivots (16, figure 3), said pairs of first arms (64 and the mirror opposite of 64, figure 3) and second arms (40 and the mirror opposite of 40, in figure 3) operably connected to said plurality of pivots (the arms are indirectly attached to the pivots 16 and operable when the pivot is operable), .
Huotari et al. fails to disclose the pivots being biased, operable to dampen the movement of the soft tonneau top cover and provide a lift assist when selectively moving between at least a closed position and open position, said plurality of operable biased pivots incorporating clock spring biasing.
Bennet et al. teaches operably biased pivots (160, figure 7B), operable to dampen the movement of a soft top cover and provide a lift assist when selectively moving between at least a closed position and open position (the spring of 160 provides a lift between the closed and open positions and biased toward the closed position), said plurality of operable biased pivots incorporating clock spring biasing (180, figure 11A).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a soft tonneau top cover assembly, such as that disclosed by Huotari et al., to have the pivots be biased, operable to dampen the movement of the soft tonneau top cover and provide a lift assist when selectively moving between at least a closed position and open position said plurality of operable biased pivots incorporate clock spring biasing, as taught by Bennet et al., with a reasonable expectation of success, in order to assist in the deployment of the cover for the convenience of the user.
Re claim 2, Huotari et al. further discloses at least one pair of front rails (30 and the mirror opposite of 30 in figure 3) operably connected to a front tensioning bow (32, figure 3) selectively connectable to the vehicle in the closed position (as shown in figure 1), wherein said front tensioning bow is operably connected to and tensions a fabric cover (118, figure 16) when in said closed position.
Re claim 3, Huotari further discloses the plurality of operable biased pivots (16 as modified above) includes a pair of first pivots (16 and the mirror opposite in figure 4) operably connected to a pair of front rails (30 and the mirror opposite of 30) of a pivotable portion of said soft tonneau top cover.
Re claim 4, Huotari further discloses a pair of front rails (30 and the mirror opposite of 30) operably connected to a first and second biased pivot (16 and the mirror opposite in figure 4) of said plurality of operably biased pivots (as modified above).
Re claim 5, Huotari further discloses a cover (118), wherein said first and second fabric management bows are operably coupled to said and manages said cover when folding to said open position (as shown in figure 19).
Re claim 6, Huotari further discloses the plurality of operable biased pivots includes at least a pair of first pivots (16 and the mirror opposite in figure 4, as modified above) and a second pair of pivots (68 and the mirror opposite of 68 in figure 4, note that as long as the pivots of 16 are modified as suggested above to include spring operated bias, this will result in all of the pivots of the pivots of the device being operably biased in one direction of operation) operably connected to a pair of front rails movable with a pivotable portion of said soft tonneau top cover to a said open position (as shown in figure 5).
Re claim 7, Huotari further discloses the plurality of operable biased pivots further includes a pair of third pivots (66 and the mirror opposite of 66 in figure 4; note that as long as the pivots of 16 are modified as suggested above to include spring operated bias, this will result in all of the pivots of the pivots of the device being operably biased in one direction of operation) operably connected to a frame (26, figure 4) operably connected to the vehicle.
Re claim 9, Huotari further discloses one of said plurality of operably biased pivots (68, figure 4; note that as long as the pivots of 16 are modified as suggested above to include spring operated bias, this will result in all of the pivots of the pivots of the device being operably biased in one direction of operation) is operably connected to one of said first arms, and another of said plurality of operably biased pivots (66) is operably connected to one of said second arms.
Re claim 11, Huotari et al. discloses a frame member (26) operably connected to the vehicle, wherein two separate pairs of said plurality of operable biased pivots (66 and 68 and their mirror opposites in figure 4; note that as long as the pivots of 16 are modified as suggested above to include spring operated bias, this will result in all of the pivots of the pivots of the device being operably biased in one direction of operation) are operably connected (indirectly) to said frame member.
Re claim 15, Huotari et al. discloses a soft tonneau top cover assembly operably adapted for connecting at a cargo bed top opening of a vehicle, comprising a cover (118); at least two fabric management bows (36 and 62 in figure 4) operably coupled to said cover; and a plurality of pivots (16 and the mirror opposite of 16 in figure 4), said soft tonneau top cover assembly selectively movable between at least an open position and a closed position, wherein said at least two fabric management bows manage the cover when folding to said open position.
Huotari et al. fails to disclose the pivots being biased, operable to dampen the movement of the soft tonneau top cover and provide a lift assist when selectively moving between at least a closed position and open position.
Bennet et al. teaches operably biased pivots (160, figure 7B), operable to dampen the movement of a soft top cover and provide a lift assist when selectively moving between at least a closed position and open position (the spring of 160 provides a lift between the closed and open positions and biased toward the closed position).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a soft tonneau top cover assembly, such as that disclosed by Huotari et al., to have the pivots be biased, operable to dampen the movement of the soft tonneau top cover and provide a lift assist when selectively moving between at least a closed position and open position, as taught by Bennet et al., with a reasonable expectation of success, in order to assist in the deployment of the cover for the convenience of the user.
Re claim 16, Huotari et al. further teaches a pair of rails (30 and the mirror opposite of 30) are operably connected to a cover tensioning bow (32) and to two pairs (16 and the mirror opposite of 16; 68 and the mirror opposite of 68 in figure 4; note that as long as the pivots of 16 are modified as suggested above to include spring operated bias, this will result in all of the pivots of the pivots of the device being operably biased in one direction of operation) of said plurality of operably biased pivots.
Allowable Subject Matter
Claims 8, 12-14 and 17-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle cover assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S MORROW/Primary Examiner, Art Unit 3612
June 17, 2026
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