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 .
Response to Amendment
Applicant’s submission dated 03/02/2026 has been entered.
Specification
The disclosure is objected to because of the following informalities:
At the bottom of page 5, the specification recites in part “a plurality of solar panels 11 (not shown)”. The reply dated 03/02/2026 shows the solar panels in fig 3. “(not shown)” should be deleted.
Appropriate correction is required.
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.
Claim(s) 1-10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over PG Pub. US 2021/0155086 A1 – Pattabhiraman et al., hereinafter Pattabhiraman in view of PG Pub. US 2022/0134851 A1 – Lin et al., hereinafter Lin.
Regarding claim 1.
Pattabhiraman discloses a cover assembly (See at 110, fig 1a) for the truck bed of a pick-up type vehicle (See fig 1a), said assembly comprising
a motorized rollable curtain (110, fig 1a) formed by
a plurality of adjacent transverse panels (310, fig 3), continuously connected along their transverse length by hinge joints (315, fig 3), and
an end slat (Paragraph [0039]; movable portion 310 closest to the tailgate 108.),
said curtain (110, fig 1a) coupled at one end to
a transverse rotatable shaft (Paragraph [0037]; In one embodiment, the motor 320 is connected to the tonneau cover 110 via a central rotating drum) located within a housing box (Paragraph [0027]; the tonneau cover 110 is stored in or below the opening 130 or in a structure disposed between the cab and the bed of a vehicle.) to allow winding and unwinding of said curtain (Compare figs 1a and 1b), wherein
the end slat (Paragraph [0039]; movable portion 310 closest to the tailgate 108.) comprises one or more electric elements (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) movable with the rollable curtain and electrically connected by one or more cable wires (Paragraph [0048]; electronic circuitry) to
circuitry (Paragraph [0048]; electronic circuitry), wherein the one or more electric elements (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) are continuously powered during operation of the cover assembly by electrical power from the power source transmitted through the cable wires via the circuitry. (Paragraph [0039]; In one embodiment, the drive system associated with the movement of the tonneau cover 110 uses multiple systems for parallel safety measures. In one embodiment, one such system is driven primarily with two (2) microswitches confirming the specific open and the specific closed positions. In one embodiment, a high-resolution encoder constantly monitors the position of the tonneau cover 110. In one embodiment, the motor 320 is capable of providing a force-feedback function, which enables disabling power to the motor 320 at a specified application of force and therefore electrical current to the motor. In an alternate embodiment, an edge of the tonneau cover 110 is fitted with a multi-conductor pinch sensor which is able to pause the automatic movement of the tonneau cover 110 at any point in its routine travel when the sensor is activated.).
Pattabhiraman does not explicitly disclose a smart-AI control circuit board (9) which is configured to receive electrical power from a power source (8), said smart-AI control circuit board being a stationary electric element mounted on the housing box (7).
However, Lin teaches a smart-AI (Examiner notes that the term smart-AI is intended use language, and does not contribute to the structure of the apparatus.) control circuit board (70, fig 1) which is configured to receive electrical power from a power source (Examiner notes that the control circuit board must receive electrical power from a power source in order to function), said smart-AI control circuit board being a stationary electric element mounted on the housing box (50, fig 1).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Pattabhiraman with the circuit board and placement of Lin. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing for modular assembly as shown in fig 1 of Lin.
Regarding claim 2.
The combination of Pattabhiraman and Lin teaches all limitations of claim 1.
Pattabhiraman further discloses said one or more electric elements is a sensor or sensors (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) and/or a light signal or signals.
Regarding claims 3 and 4.
The combination of Pattabhiraman and Lin teaches all limitations of claim 2.
As the limitations of claims 3 and 4 are directed to an alternative limitation of a light signal or signals and the other alternative of a sensor or sensors was chosen for examination and art application for claim 2, the further limitations of the unselected alternative limitation will not be addressed and claims 3 and 4 are rejected with claim 2.
Regarding claim 5.
The combination of Pattabhiraman and Lin teaches all limitations of claim 2.
Pattabhiraman further discloses the sensor or sensors (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) is a push switch (Examiner notes that the “pinch sensor” disclosed is interpreted as a push switch.) or switches.
Regarding claim 6.
The combination of Pattabhiraman and Lin teaches all limitations of claim 5.
Pattabhiraman further discloses the sensor or sensors (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) is configured to operate as an actuator of the rollable curtain 1 and/or as an obstacle detector (Paragraph [0039]; In one embodiment, such technology of the drive system can enable the tonneau cover 110 to have an auto-reversing capability through its entire operating range when an obstacle is detected.).
Regarding claim 7.
The combination of Pattabhiraman and Lin teaches all limitations of claim 1.
Pattabhiraman further discloses the cover assembly further comprises a plurality of solar panels (Paragraph [0040]; the tonneau cover 110 comprises solar electric cells that are electrically connected to a photovoltaic charging system and battery.) arranged on at least part of the plurality of adjacent transverse panels or integrated therein (Paragraph [0040]; When the tonneau cover 110 is deployed to cover the bed 104 and the solar electric cells that make up the slats are facing the sun, the battery within the electric vehicle can be charged by the solar electric cells.).
Regarding claim 8.
The combination of Pattabhiraman and Lin teaches all limitations of claim 1.
Pattabhiraman further discloses the power source is a rechargeable battery (Paragraph [0040]; the battery within the electric vehicle can be charged by the solar electric cells.) or batteries arranged in the rollable curtain 1.
Regarding claim 9.
The combination of Pattabhiraman and Lin teaches all limitations of claim 8.
Pattabhiraman further discloses the rechargeable battery or batteries is charged by means of said solar panels (Paragraph [0040]; the battery within the electric vehicle can be charged by the solar electric cells.).
Regarding claim 10.
The combination of Pattabhiraman and Lin teaches all limitations of claim 1.
Pattabhiraman further discloses the power source is the vehicle's battery (Paragraph [0040]; the battery is the vehicle battery).
Regarding claim 14.
The combination of Pattabhiraman and Lin teaches all limitations of claim 1.
Pattabhiraman further discloses the one or more electric elements (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) are configured to be remotely controlled (Paragraph [0039]; the tonneau cover 110 may be opened or closed using a wireless device, such as a cellular telephone, which can be used to access an application program configured to control the movement of the tonneau cover 110.).
Claim(s) 11-13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Pattabhiraman and Lin as applied to the claims above, and further in view of PG Pub. US 2018/0126833 A1 – Hannan et al., hereinafter Hannan.
Regarding claim 11.
The combination of Pattabhiraman and Lin teaches all limitations of claim 1.
The combination does not disclose
a plurality of cable guiding elements (5) mounted to at least part of the plurality of adjacent transverse panels (2) and configured to receive the cable wires therethrough, such that the cable wires can be supported and guided in a defined manner along at least one longitudinal length of the rollable curtain (1), for providing a wired connection between the electric elements (16, 17, 18, 19), the smart-AI control circuit board (9) and the vehicle battery.
However, Hannan teaches
a plurality of cable guiding elements (84, fig 9) mounted to at least part of the plurality of adjacent transverse panels (30, fig 9) and configured to receive the cable wires (78, fig 9) therethrough, such that the cable wires can be supported and guided in a defined manner along at least one longitudinal length of the rollable curtain (See figs 7 and 9), for (Examiner notes that the following is intended use, and the art applied meets the limitation as claimed.) providing a wired connection between the electric elements, the smart-AI control circuit board and the vehicle battery.
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to further modify the combination of Pattabhiraman and Lin with the cable guiding elements of Hannan. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of providing communication channels through the longitudinal length of the panels of the curtain.
Regarding claim 12.
The combination of Pattabhiraman, Lin, and Hannan teaches all limitations of claim 11.
The combination, in Hannan, further teaches the cable guiding elements (84, fig 8) comprise an inner wall (See annotated fig 9), an outer wall (See annotated fig 9), a top wall (See annotated fig 8), a bottom wall (See annotated fig 8), a distal end (See annotated fig 9) and a proximal end (See annotated fig 9) defining a through channel (86, fig 8) over the entire length of the cable guiding elements (See fig 9 for cable wires to be supported and guided as they pass longitudinally through the cable guiding elements (See fig 9).
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Regarding claim 13.
The combination of Pattabhiraman, Lin, and Hannan teaches all limitations of claim 11.
The combination, in Hannan an inner wall (See annotated fig 9) comprises a passageway (See annotated fig 9) through which cable wires may be passed out of the through channel (86, fig 8) laterally (See annotated fig 9), with respect to the cable guiding element (84, fig 9), to and/or from the transverse panel to which the guiding element is mounted to.
Regarding claim 15.
The combination of Pattabhiraman, Lin, and Hannan teaches all limitations of claim 13.
Pattabhiraman further discloses the one or more electric elements (Paragraph [0039]; In one embodiment, a pinch sensor can be integrated into a carrier that is attached to the movable portion 310 closest to the tailgate 108.) are remotely controlled by means of a remote-control element or an app installed in a smartphone (Paragraph [0039]; the tonneau cover 110 may be opened or closed using a wireless device, such as a cellular telephone, which can be used to access an application program configured to control the movement of the tonneau cover 110.).
Response to Arguments
Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
Applicant argues that the combined teachings of Pattabhiraman and Lin fail to teach continuously powering electric elements in the movable end slat of a motorized rollable curtain by power transmitted from a power source through cable wires via a smart-AI control circuit board. This is not persuasive, as paragraph [0039] discloses “an edge of the tonneau cover 110 is fitted with a multi-conductor pinch sensor”, which is a “continuously powered electric element in the movable end slat of a motorized rollable curtain” having “cable wires” (multi-conductor), and Lin teaches control of a motorized rollable curtain via a smart-AI control circuit board (ECU, 70) via electricity. Wires have long been used for transmission of electrical current. Applicant further argues that Pattabhiraman fails to disclose an end slat. This is not persuasive, as Pattabhiraman discloses an end slat, seen at 130 in fig 2. The last slat of the plurality of slats necessarily being an end slat, and as paragraph [0039] discloses “an edge of the tonneau cover 110 is fitted with a multi-conductor pinch sensor”, meaning that Pattabhiraman discloses “continuously powering electric elements in the movable end slat of a motorized rollable curtain by power transmitted from a power source through cable wires”.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues that the cable guiding element taught by Hannan does not extend the longitudinal length of the panels. This is not persuasive, as firstly, the claim does not require that the cable guiding element extend the longitudinal length of the panels, only that “such that the cable wires can be supported and guided in a defined manner along at least one longitudinal length of the rollable curtain”. The examiner notes that the term “along” is broad and can be reasonably interpreted as “extending in a direction”. Secondly, although the Hannan reference is not relied upon to teach the panels, the bows (30) of Hannan are analogous structures to the panels of Pattabhiraman, and then therefore the cable guiding element taught by Hannan would, in the combination, extend the longitudinal length of the panels.
Applicant argues that one of ordinary skill in the art would not seek to further modify the combination of Pattabhiraman and Lin with the cable guiding element taught by Hannan, and repeats the allegation that the combined teachings of Pattabhiraman and Lin fail to teach continuously powering electric elements in the movable end slat of a motorized rollable curtain by power transmitted from a power source through cable wires via a smart-AI control circuit board. This is not persuasive. See above.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN W HANES JR whose telephone number is (571)272-8840. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W.H./Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634