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 intersections between the support rods and the top support rods are connected by the hook and loop fasteners or the releasable nylon ties, 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 6-7 are 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 the limitation "supporting rods" in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears the applicant should have recited “support rods” as recited in claim 1.
Claim 7 recites “the intersections between the support rods and the top support rods are connected by the hook and loop fasteners or the releasable nylon ties” which renders the claim indefinite because it is unclear how these connections are made. For the purpose of this Office Action the examiner will assume the fasteners are looped over the top support rods and the support rods.
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 1-2, 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Clift (3,028,871) in view of Rainwater (4,066,089).
Clift discloses:
Claim 1: A foldable protective cover, comprising a cover body (Fig. 1; 16) movably covering outside of a foldable support (Fig. 7);
the support comprises two support frames (Fig. 6; see detail) cross connected with each other (Fig. 6; the two support frames are depicted as cross connected);
each of the support frames comprises a cross bar (Fig. 1; 24 left and right) and two support legs (Fig. 2; 21 left and right) located at two ends of the cross bar respectively;
each of the two support legs of each of the support frames is crossed (Fig. 2; at 22) and pivotally connected with one of the two support legs of the other support frame (Fig. 2; via 22), where the crossed and pivotally connected support legs are located on same side of the support (Fig. 1; right and left sides), with one of the crossed and pivotally connected support legs being outward from another (Fig. 6; since the support legs overlap one is outward from the other);
when the two support frames are unfolded, the two cross bars (Fig. 1; 24 left and right) form an upper support plane (Fig. 1; at 17),.
Clift fails to disclose support rods.
However, Rainwater discloses support rods (Fig. 1; 24).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the frame of Clift to include the support rods, as taught by Rainwater, with a reasonable expectation of success because it would provide additional strength and rigidity to the frame when supporting the cover.
Thus, in combination, Clift and Rainwater disclose the support rods, of Rainwater, arranged in parallel between the two cross bars, of Clift.
PNG
media_image1.png
301
326
media_image1.png
Greyscale
Claim 2: Clift discloses the foldable protective cover of claim 1, wherein the two ends of the cross bar (Fig. 1; 24 left and right) of each of the support frames extend in same direction respectively to form the two support legs which are symmetrical to each other (Fig. 1; 21 left and right are depicted as symmetrical to each other), and the support legs are perpendicular to the cross bar (Fig. 1; 21 and 24 are depicted as perpendicular).
Claim 4: Clift and Rainwater disclose the foldable protective cover of claim 1, wherein each of the support rods is folded in half when the two support frames are folded and brought together (Rainwater – Fig. 10; 24 is depicted as being folded up, Col. 2, Lines 59-65);
when the two support frames are unfolded, each of the support rods is extended and perpendicular to the two cross bars (Clift - Fig. 1; 24 left and right, when combined the support rods, of Rainwater would be positioned as extending between each of Clift’s cross bars and be perpendicular), and two ends of each of the support rods are sleeved on and slidable along the two cross bars respectively (Rainwater – Fig. 4; via 34).
Claim 5: Clift and Rainwater disclose the foldable protective cover of claim 4, wherein each of the support rods comprises a first support rod (Rainwater – Fig. 1; see detail) and a second support rod (Rainwater – Fig. 1; see detail) each having an inner end (Rainwater – Fig. 1; see detail) and an outer end (Rainwater – Fig. 1; see detail);
the inner ends of the first support rod and the second support rod are foldably connected by a first connector (Rainwater – Fig. 1; at 28 of the annotated 24 via 44 depicted in Fig. 8);
each of the outer ends of the first support rod and the second support rod are rotatably connected to a second connector which is sleeved on the cross bar of one of the support frames (Rainwater – Fig. 4; via 34 and 36).
PNG
media_image2.png
557
767
media_image2.png
Greyscale
Claim 8: Clift discloses the foldable protective cover of claim 1, wherein the cover body corresponds to the unfolded support in shape (Fig. 1; the shape of 16 corresponds to the shape of the frame);
the cover body comprises a top cloth (Fig. 1; 17, Col. 1, Lines 59-68) and four side cloths (Fig. 1; 18/19, Col. 1, Lines 59-68);
at least one of the four side cloths is provided with an opening (Fig. 1; 20, Col. 1, Lines 59-68) which is detachably connected with a covering cloth capable of shielding the opening (Col. 1, Lines 59-68).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Clift (3,028,871) in view of Rainwater (4,066,089) and further in view of Chen (2006/0144434).
Claim 3: Clift discloses the foldable protective cover of claim 1, wherein each of the support legs comprises an upper support leg (Fig. 1; 23) and a lower support leg (Fig. 1; 21) connected to an end portion of the upper support leg (Fig. 1; at 27); the upper support leg and the lower support leg are in sleeved connection (Fig. 6; 21 and 23 are depicted as in sleeved connection) with each other.
Clift fails to disclose the lower support leg is rotatable and foldable relative to an upper support leg where the upper and lower support legs are connected by at least one elastic cord at a connection portion therebetween.
However, Chen discloses legs rotatable and foldable relative to each other (Fig. 11) with an elastic cord at a connection portion (Fig. 4; 125).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the legs of Clift to include the elastic cord, as taught by Chen, with a reasonable expectation of success because it would allow the frame to be collapsed for transport and prevent losing any of the upper leg sections.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Clift (3,028,871) in view of Rainwater (4,066,089) and further in view of Wood et al. (2013/0074421) hereinafter Wood.
Claim 6: Clift and Rainwater disclose the foldable protective cover of claim 1, but fail to disclose wherein at least one hook and loop fastener or releasable nylon tie is connected to each of the supporting rods.
However, Wood discloses a releasable nylon tie (Fig. 3; 62, Para. [0037]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the foldable protective cover of Clift and Rainwater to include the releasable nylon tie, as taught by Wood, with a reasonable expectation of success because it would allow the cover to be quickly secured and released (abstract).
Thus, in combination Clift, Rainwater and Wood disclose the releasable nylon tie, of Wood, connected to each of the supporting rods, of Rainwater.
Claim 7 as best understood by the examiner: Clift and Rainwater disclose the foldable protective cover of claim 6, but fail to disclose wherein an outdoor electric appliance is placed in the unfolded support;
two sides of the outdoor electric appliance each is provided with a top support rod on a top side of the outdoor electric appliance;
the support rods are supported on the top support rods in a crosswise manner;
intersections between the support rods and the top support rods are connected by the hook and loop fasteners or the releasable nylon ties respectively.
However, Wood discloses an outdoor electric appliance (Fig. 1; 12) with top support rods (Fig. 2; 74).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to use the foldable protective cover of Clift and Rainwater to cover an outdoor electric appliance, as taught by Wood, with a reasonable expectation of success because it would protect the appliance from inclement weather conditions.
Thus, in combination Clift, Rainwater and Wood disclose the outdoor electric appliance, of Wood, placed in the unfolded support, of Clift;
two sides of the outdoor electric appliance each is provided with a top support rod on a top side of the outdoor electric appliance, as taught by Wood;
the support rods, of Rainwater, are supported on the top support rods, of Wood, in a crosswise manner;
intersections between the support rods and the top support rods are connected by the releasable nylon ties respectively, of Wood.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Clift (3,028,871) in view of Rainwater (4,066,089) and further in view of Dearman (2024/0068265).
Claim 9: Clift discloses the foldable protective cover of claim 1, but fails to disclose wherein at least one fixing hook is provided at a bottom of the cover body and above a bottom of the support legs;
the bottom of each of the support legs of the support is provided with a hollow fixing hole;
when the cover body covers the support, each of the fixing hooks is hooked in the fixing hole of a corresponding support leg located therebelow.
However, Dearman discloses a fixing hook (Fig. 2; via 126, Para. [0072-0073]) and a hollow fixing hole (Fig. 2; 108, Para. [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the foldable protective cover of Clift to include the fixing hook and hollow fixing hole, as taught by Dearman, with a reasonable expectation of success because it would allow the cover to be removably attached to the support frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
Prosecution Insights