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 .
The present application is a Divisional of Application No. 18/243,690, which is now U.S. Patent No. 12,195,138, which is a Divisional of Application No. 17/349,376, which is now U.S. Patent No. 11,794,858.
Drawings
The drawings were received on December 28, 2024. These drawings are acceptable.
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 1-6, 8-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Perry (US 11,319,031) in view of Wagner (US 7,424,862).
Perry discloses an apparatus for securing a boat to an object, as shown in Figures 1-11, which is comprised of a body, defined as Part #14, having a first end and a second end, as shown in Figure 11, an arm, defined as Part #12, with a first end, defined as Part #32, and a second end, defined as Part #30, that is hingedly attached at a pivoting mechanism, defined as Part #80, to said first end of said body, a suction cup mechanism, defined as Part #14a, that is attached to said second end of said body, and an engaging mechanism or clip device, defined as Part #16b, that is affixed to said arm, as shown in Figures 10-11. Said engaging mechanism or clip includes a rounded portion, as shown in Figures 10-11. A lever, defined as Part #94 or 96, is configured to secure said suction cup mechanism to a flat surface, defined as Part #20, of a boat, defined as Part #18, as shown in Figure 1. Said lever inherently moves a plunger so as to move said suction cup mechanism into an engaged condition, defined as Part #100, or a disengaged condition, defined as Part #102, as shown in Figures 3-4, and described in lines 1-26 of column 12. A locking mechanism, defined as Part #84, is also provided that is configured to maintain said arm in a desired position relative to said body, as shown in Figures 5-6.
Perry, as set forth above, discloses all of the features claimed except for the use of a removable shade that is secured to a boat, and an engaging mechanism or clip with a rounded portion having a specific diameter.
Wagner discloses a removable sunshade for a boat, as shown in Figures 1-7, which is comprised of a removable sunshade or cover, defined as Part #100 or 102, with a plurality of attached cords, defined as Parts #112a-112d, for securing said sunshade or cover to a plurality of fasteners, defined as Parts #114a-114d, that are attached to a boat, defined as Part #104, as shown in Figure 1.
The use of an engaging mechanism or clip having a rounded portion with a specific diameter would be considered by one of ordinary skill in the art to be an obvious design choice based upon the required size for said engaging mechanism or clip to secure to a desired object.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize a removable sunshade or cover for securement to a boat, as taught by Wagner, in combination with the apparatus for securing a boat to an object as disclosed by Perry for the purpose of providing an apparatus for a boat that is configured to facilitate securement of a removable sunshade or cover to a boat.
Allowable Subject Matter
Claims 7 and 10 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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September 8, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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