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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
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 one or more collapsible curtain engaging means being “hingedly and slidably” mounted to the one or more sleeve elements of claim 1; the clamping system of claims 5 and 7; the engaging means of claim 13; and the retaining member being selectively movable of claim 14 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.
The drawings are objected to because in FIG.5 it is entirely unclear to what element of the invention the lead lines for reference numerals “16” and “27” are pointing. The specification describes these features as a “drainage pipe” for “16” and a “anti-leaf system” for “27” but it appears both reference numerals are pointing only the panels/slats 2 of the invention and neither of the features of the “drainage pipe” nor the “anti-leaf system” are well shown. It is unclear what constitutes these features.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 26, the “polygonal shaped element” of page 6, lines 13.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 24, the disclosed “clamping system” of page 6, line 23.
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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “24” has been used to designate both a clamping system (page 6, line 23; page 7, line 4) and a “retaining mechanism” (page 8, line 1).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “25” has been used to designate both a retaining member and a plurality of cable guiding elements.
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. 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 disclosure is objected to because of the following informalities:
It is unclear why parenthesis surround “24” on page 6, line 23 and page 7, line 4 while none of the other reference numerals include parenthesis.
On pages 6 and 7, reference numeral “24” is used to describe a clamping system where later (on page 8) it is used to describe a retaining mechanism.
On page 8, line 7, reference numeral “25” is used to describe a retaining member where later on page 8 the numeral is used to describe “cable guiding elements”.
Appropriate correction is required.
Claim Objections
Claim 14 is objected to because of the following informalities: on line 4, the period after the comma should be deleted. Appropriate correction is required.
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.
Claims 1-14 are 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 1 recites the one or more collapsible curtain engaging means are hingedly and slidably mounted to the one or more sleeve elements, respectively, but this is not shown in the drawing figures and the exact mechanism by which the connection is hinged and slidable cannot be determined from the specification alone since it is apparent that the specification states only that which is recited in the claim and nothing more. There is not apparent structure allowing the hinging and sliding to occur or none that is described in any specific way or configuration. It is unclear how one would determine infringement.
Claims 5 and 7 recite a clamping system which is not apparently shown in the drawing figures or described in the specification in such a way to enable the recited functionality of slidably and removably receiving a torsion spring-loaded assembly/electric motor assembly or to determine infringement.
Claim 13 recites an engaging means which again is not enabled by the specification. No structure is found to adequately disclosed which allows for the motor assembly to engage a side wall of the housing box.
Claim 14 recites a retaining member being selectively movable between two positions. Here again, it is unclear how the retaining member moves between the two recited positions. The structure (25) shown only in FIG.9 does not provide a PHOSITA an understanding of the functionality of the feature of the invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim. This applies for the “collapsible curtain engaging” means of claim 1 as well as for the “engaging” means of claim 13, where the written description fails to disclose the corresponding structure, material, or acts for the claimed function.
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 1-14 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 pre-AIA the applicant regards as the invention.
In claim 1, the phrase “cover assembly” at lines 1-2 lacks antecedent basis in the claims, as does the phrase “they” at line 15 and “a retracted position” at line 16.
In claim 1 the recitation that the one or more collapsible curtain engaging means are hingedly and slidably mounted to the one or more sleeve elements are unclear (as set forth above) and make the claim indefinite. The boundaries of the functional language are unclear because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim, i.e., the engaging means, so it is unclear whether the function requires some other structure or is simply a result of operating the engaging means in a certain manner. Thus, one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. See MPEP 2173.05(g) for more information.
The same is true for the clamping system of claims 5 and 7, as well as the retaining member of claim 14. The boundaries of the functional language are unclear. For the purposes of examination on the merits, the claims will be examined as best understood.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) and (b), as set forth above in this Office action.
The primary reason for the indication of allowable subject matter for the claims in this application is the inclusion of the specific collapsible curtain engaging means being slidably mounted to the one or more sleeve elements, respectively, in combination with the other elements recited, which is not found in the prior art of record.
For claim 1, WO 056 discloses a cover assembly for a truck bed of a pick-up type vehicle, the cover assembly comprising:
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a rollable curtain (20) comprising a plurality of transverse adjacent panels (24) hingedly linked to one another and configured to be translated forwardly into a retracted position;
a pair of side rails (21) adapted to be mounted on upper portions of side walls of the truck bed and comprising guiding channels (not numbered, not shown) for guiding end portions of the transverse adjacent panels (24);
a housing box (25) adapted to be mounted at a forward end of the truck bed for receiving and storing the rollable curtain (20),
wherein the housing box (5) comprises: a transverse rotatable shaft (70) mounted within the housing box; one or more sleeve elements (that portion (“end”) of 88 which connects it to rotatable shaft 70, FIG.5) mounted on transverse rotatable shaft; one or more collapsible curtain engaging means (88) each mounted to the one or more sleeve elements, respectively, for engaging an inner end of the rollable curtain (20) and for transforming the rotational movement of the transverse rotatable shaft into a linear motion of the rollable curtain; and side walls (36 and 37), each having inwardly extending continuous helical trackways (65) defining a rolling path, the helical trackways (65) being aligned with the guiding channels of the side rails (36,37) to receive the transverse adjacent panels (24) as the panels are translated forwardly into the retracted position;
wherein the one or more collapsible curtain engaging means (cables 88) are hingedly mounted to the one or more sleeve elements (by virtue of being flexible cables and being integral with an end thereof or being connected thereto), respectively.
WO 056 lacks only that the collapsible curtain engaging means are slidably mounted to the sleeve elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 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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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B