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 Objections
Claim 7 is objected to because of the following informalities:
Claim 7, line 4, “)” should be removed.
Appropriate correction is required.
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 1-10 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 1 is not clearly understood because “the rubber strip are formed into an extruded surface thus forming a waterproof rubber strip” is unclear. Are the rubber strips extruded? Are the rubber strips inserted into an extruded surface? Do the rubber strips form an extended surface?
Claim 1 is not clearly understood because “the two ends”, both instances, lacks a clear antecedent basis.
Claim 2 is not clearly understood because “the rubber strips form an extruded surface to form a waterproof rubber strip” is unclear. Are the rubber strips extruded? Are the rubber strips inserted into an extruded surface? Do the rubber strips form an extended surface?
Claim 2 is not clearly understood because “the two ends” lacks a clear antecedent basis.
Claim 7 is not clearly understood because it appears to be introducing more hinge joints. Claim 2 appears to require four hinge joints. Are these the same hinge joints?
Claim 7 is not clearly understood because “a second screw fixing port” implies an unclaimed first screw fixing port. How may screw fixing ports are required?
Claim 7 claims only “a screw fixing hole” in the first paragraph. The second paragraph claims “the screw fixing holes”. There is no clear antecedent basis for more than one fixing hole.
Claim 7 is not clearly understood because “the screw holes” lacks a clear antecedent basis.
Claim 8 is not clearly understood because “the rubber strip are formed into an extruded surface thus forming a waterproof rubber strip” is unclear. Are the rubber strips extruded? Are the rubber strips inserted into an extruded surface? Do the rubber strips form an extended surface?
Claim 8 is not clearly understood because “the two ends”, both instances, lacks a clear antecedent basis.
Claim 8 is not clearly understood because “a rotating shaft structure” introduced after the guide rail. Is this the rotating shaft structure of line 2 or an additional shaft structure?
Claim 8 is not clearly understood and believed to be incorrect because it refers to “the front bar”, on lines 18 and 19, which has not been introduced. The examiner believes it should be –the front bar plate--.
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.
Claims 1, 2, 5, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 107284204.
CN 107284204 discloses a rotating shaft structure comprising a left rotating rod (21), a right rotating rod (21), a hinge assembly (22,28,29,210), a first intermediate rubber strip (25), a second intermediate rubber strip (25), a first hinge joint (24), a second hinge joint (24), a third hinge joint (24), and a fourth hinge joint (24), as shown in Figures 1-8. The left rotating rod (21) and the right rotating rod (21) are connected by the hinge assembly (22,28,29,210), as shown in Figures 4-8. The first intermediate rubber strip (25) is connected to the left rotating rod (21) and the second intermediate rubber strip (25) is connected to the right rotating rod (21), as shown in Figures 4-8. The first and second intermediate rubber strip (21) form a waterproof rubber strip, as disclosed in the translation. The two ends of the left rotating rod (21) are connected with the first and second hinge joints (24), respectively, as shown in Figure 4. The two ends of the right rotating rod (21) are connected with the third hinge joint and the fourth joint, respectively, as shown in Figure 4.
In reference to claim 2, the rotating shaft structure comprises two rotating rods (21), a hinge assembly (22,28,29,210), intermediate rubber strip (22), and hinge joints (24), as shown in Figures 4-8. The two rotating rods (21) are connected by the hinge assembly (22,28,29,210), as shown in Figures 4-8. The two rotating rods (21) are each connected with an intermediate rubber strip (22), as shown in Figures 4-8. The two intermediate rubber strips (22) form a waterproof rubber strip. The two ends of the rotating rods (21) are connected with a hinge joint (24), respectively, as shown in Figures 4-8.
In reference to claim 5, each intermediate rubber strip (22) comprises an abutting portion that is used for abutting the rotating rod (21), as shown in Figures 4-8.
In reference to claim 8, the car cover (1,2,) comprising a rotating shaft structure, as shown in Figures 1-8. The rotating shaft structure comprising a left rotating rod (21), a right rotating rod (21), a hinge assembly (22,28,29,210), a first intermediate rubber strip (25), a second intermediate rubber strip (25), a first hinge joint (24), a second hinge joint (24), a third hinge joint (24), and a fourth hinge joint (24), as shown in Figures 1-8. The left rotating rod (21) and the right rotating rod (21) are connected by the hinge assembly (22,28,29,210), as shown in Figures 4-8. The first intermediate rubber strip (25) is connected to the left rotating rod (21) and the second intermediate rubber strip (25) is connected to the right rotating rod (21), as shown in Figures 4-8. The first and second intermediate rubber strip (21) form a waterproof rubber strip, as disclosed in the translation. The two ends of the left rotating rod (21) are connected with the first and second hinge joints (24), respectively, as shown in Figure 4. The two ends of the right rotating rod (21) are connected with the third hinge joint and the fourth joint, respectively, as shown in Figure 4. The car cover comprises a guide rail and a front plate fixing system, as shown in Figures 1-13.
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The front plate fixing system comprises a front bar fixing structure (13) connected to a front edge of the front bar plate (11), as shown in Figure 3. The front plate fixing system comprises a front bar wrench assembly (4,31-35), as shown in Figure 10. The front bar wrench system (4,31-35) is connected to a rear edge of the front bar (11), as shown in Figure 3.
In reference to claim 9, the front bar wrench assembly (4,31-35) comprises a fixing hook and a fixing wrench, as shown in Figure 10. The fixing hook is slidingly connected to the guide rail. The fixing wrench is clamped with the fixing hook, as is standard practice in the art.
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In reference to claim 10, the fixing hook is provided with a front bar fixing wrench hook, as shown in Figure 10. The fixing wrench is provided with a front bar fixing wrench upper hook, as shown in Figure 10. The front bar fixing wrench hook is clamped with the front bar fixing wrench upper hook, as is standard practice in the art.
Allowable Subject Matter
Claims 3, 4, 6, and 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 primary reason for indicating allowable subject matter of claim 3 is the rotating rod has a rotating cavity rotationally connected to the hinge assembly and a rubber strip portion used for connecting the rubber strip, which is not found in a workable combination of the prior art. CN 107284204 does not have either feature. Wheatley et al. (US 5,636,893) shows both features; however, the construction prevents a combination that reads on all limitations of claims 2 and 3. The rubber strip insertion portions are for a single rubber strip (240) and the rotating rods do not have hinge joints at its ends. Replacing the single rubber strip with two rubber strips defeats the purpose of the single rubber strip.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Several references, such as Wheatley et al. (5,636,893) and Maimin et al. (US 2009/0278377), show receptacles for a single rubber strip.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 September 24, 2026
