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
Claims 1-13 are objected to because of the following informalities:
Claim 1 refers to "the front gull wing panel" (lines 9-10) which lacks consistency with the previously introduced "a front left gull wing panel" (line 8). For the purpose of this office action, the recitation is best understood as "the front left gull wing panel".
Further, claim 1 refers to "the second front gull wing panel" (lines 12-13) which lacks consistency with the previously introduced "a front right gull wing panel" (line 11). For the purpose of this office action, the recitation is best understood as "the front right gull wing panel".
Appropriate correction is required.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,234,559 to Block et al. (hereinafter, "Block").
Regarding Claim 13, Block discloses a T-support bar for a multiple-panel folding truck bed cover (tonneau cover assembly 100 at Fig. 1) comprising: a transverse support bar (second support 180 at Fig. 1,4, 7) having opposing ends ("opposing ends" unlabeled, defined as the opposing ends of second support
180 at Fig. 1, 4) structured and arranged for mounting on opposing sidewall rails (Col. 5, Ln. 24-41, sides 136a, 136b at Fig. 1) of a truck bed (Col. 5, Ln. 24-41, said opposing ends of second support 180 are arranged to mount to sides 136a, 136b of truck bed 110, as shown at Fig. 1) forming a base arm of a middle panel compound hinge (second support 180 forms a base arm, unlabeled, to hinge 320, as shown at Fig. 7) comprising: a generally cylindrical hinge channel ("channel" unlabeled, defined as the channel portion formed at bottom surface 321 of hinge 320, as shown at Fig. 7) adjacent to a rear side of the base arm (said channel is adjacent to a rear side, unlabeled, of said base arm of second support 180, as shown at Fig. 7); and a base liquid gutter (water channel 258a at Fig. 4) extending forward from a front side of the base arm (water channel 258a extends from a front side, unlabeled, of said base arm of second support
180, as shown at Fig. 4); and a longitudinal support bar (first support 160 at Fig. 1, 4, 6) having a rear end ("rear end" unlabeled, defined as the rear end of first support 160, at Fig. 1, 4) attached to the front side of the base arm (said rear end of first support 160 is attached to said front side of second support 180 as
shown at Fig. 1, 4) and a front end ("front end" unlabeled, defined as the front end of first support 160, opposite said rear end of first support 160, as shown at Fig. 1, 4) structured and arranged for mounting on a front wall rail (Col. 5, Ln. 24-41, front interior region 105 at Fig. 1) of the truck bed (said front end of first support 160 is configured to couple to front interior region 105 of truck bed 110, as shown at Fig. 1) forming a base arm of a gull wing panel hinge (first support 160 forms a base arm, unlabeled, to hinge 222, as shown at Fig. 6) comprising: a left generally cylindrical hinge pin (second lip 212a at Fig. 6) extending along a left side of the longitudinal support bar (second lip 212a extends along a left side,
unlabeled, of first support 160, as shown at Fig. 6); a right generally cylindrical hinge pin (second lip 212b at Fig. 6) extending along a right side of the longitudinal support bar (second lip 212b extends along a right side, unlabeled, of first support 160, as shown at Fig. 6); a first liquid gutter (water channel 260a at Fig. 4) adjacent to the left generally cylindrical hinge pin (water channel 260a is adjacent to second lip 212a as shown at Fig. 4, 6) extending from the rear end to the front end of the longitudinal support bar (water channel 260a extends from said rear end to said front end of first support 160, as shown at Fig. 4); and a
second liquid gutter (water channel 260b at Fig. 4) adjacent to the right generally cylindrical hinge pin (water channel 260b is adjacent to second lip 212b, as shown at Fig. 4, 6) extending from the rear end to the front end of the longitudinal support bar (water channel 260b extends from said rear end to said front
end of first support 160, as shown at Fig. 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,234,559 to Block et al. (hereinafter, "Block") in view of US 2023/0107288 to Truck Accessories Group LLC (hereinafter, "TAG").
Regarding Claim 1 [as best understood], Block discloses a multiple-panel folding truck bed cover (tonneau cover assembly 100 at Fig. 1) comprising: a
T-support bar ("T-support bar" unlabeled, defined as the combination of first support 160 and second support 180 at Fig. 1, 4, 6, 7) comprising: a transverse
support bar (second support 180 at Fig. 1, 4, 7) having opposing ends ("opposing ends" unlabeled, defined as the opposing ends of second support 180 at Fig. 1, 4) structured and arranged for mounting on opposing sidewall rails (Col. 5, Ln. 24-41, sides 136a, 136b at Fig. 1) of a truck bed (Col. 5, Ln. 24-41, said
opposing ends of second support 180 are arranged to mount to sides 136a, 136b of truck bed 110, as shown at Fig. 1); and a longitudinal support bar (first support 160 at Fig. 1, 4, 6) having a rear end ("rear end" unlabeled, defined as the rear end of first support 160, at Fig. 1, 4) attached to the transverse support bar
(said rear end of first support 160 is attached to second support 180 as shown at Fig. 1, 4) and a front end ("front end" unlabeled, defined as the front end of first support 160, opposite said rear end of first support 160, as shown at Fig. 1, 4) structured and arranged for mounting on a front wall rail (Col. 5, Ln. 24-41,
front interior region 105 at Fig. 1) of the truck bed (said front end of first support 160 is configured to couple to front interior region 105 of truck bed 110, as shown at Fig. 1); a front left gull wing panel (first door 156a at Fig. 1, 2, 6) pivotally mounted on the longitudinal support bar (first door 156a is pivotally mounted to first support 160, as shown at Fig. 1, 2, 6) by a gull wing panel hinge (Col. 13,
Ln. 18-29, first door 156a is coupled to hinge 222 at Fig. 6) and contacting the transverse support bar (first support 160) when the front left gull wing panel (first door 156a) is in a closed position (Col. 13, Ln. 18-29, first door 156a contacts first support 160 is a closed position, unlabeled, as shown at Fig. 1); a front right gull wing panel (second door 156b at Fig. 1, 6) pivotally mounted on the longitudinal support bar (second door 156b is pivotally mounted to first support 160, as shown at Fig. 1, 2, 6) by the gull wing panel hinge (Col. 13, Ln. 18-29, second door 156b is coupled to hinge 222 at Fig. 6) and contacting the transverse support bar (first support 160) when the front right gull wing panel (second door 156b) is in a closed position (Col. 13, Ln. 18-29, second door 156b contacts first support 160 is a closed position, unlabeled, as shown at Fig. 1);
a middle panel (back panel 172 at Fig. 1, 7) pivotally mounted on the transverse support bar (back panel 172 is pivotally mounted on second support 180, as shown at Fig. 1, 7) by a middle panel compound hinge (Col. 13, Ln. 30-43, back panel 172 is connected to hinge 320, at Fig. 7); wherein: the transverse support
bar (second support 180) forms a base arm of the middle panel compound hinge (second support 180 forms a base arm, unlabeled, to hinge 320, as shown at Fig. 7), and the longitudinal support bar (first support 160) forms a base arm of the gull wing panel hinge (first support 160 forms a base arm, unlabeled, to hinge
222, as shown in Fig. 6).
Block fails to explicitly disclose a rear panel pivotally connected to the middle panel by a rear panel hinge.
TAG is in the art of tonneau covers for pickup trucks (abstract) and teaches a rear panel (Para. [0051], panel section 16 at Fig. 1) pivotally connected to a middle panel (Para. [0051], panel section 14 at Fig. 1)
by a rear panel hinge (Para. [0051], panel section 16 is pivotally connected to panel section 14 via hinge assembly 26, as shown at Fig. 1, 2).
Regarding claim 1, it would have been obvious to one of ordinary skill in the art before the priority date to modify the middle panel of Block with the teaching of the rear panel pivotally connected to the middle panel by a rear panel hinge of TAG. The motivation for doing so would have been to allow for more compact storage of the bed cover in a folded state.
Regarding Claim 2, modified Block discloses the multiple-panel folding truck bed cover of claim 1, wherein the base arm (said base arm) of the gull wing panel hinge (hinge 222) comprises at least one liquid gutter (water channel 260a at Fig. 4) structured and arranged to collect and direct liquid to the front wall rail (Col. 11, Ln. 33-37, water channel 260a directs water towards front interior region 105, at Fig. 1, 4).
Regarding Claim 3, modified Block discloses the multiple-panel folding truck bed cover of claim 2, wherein the base arm of the gull wing panel hinge (said base arm of hinge 222) comprises two of the liquid gutters (Col. 11, Ln.
30-37, water channel 260a and water channel 260b at Fig. 4).
Regarding Claim 4, modified Block discloses the multiple-panel folding truck bed cover of claim 1, wherein the base arm of the middle panel compound hinge (said base arm of hinge 320) comprises a base gutter (water channel 258a at Fig. 4) structured and arranged to collect and direct liquid to the sidewall ails (Col. 11, Ln. 25-31, water channel 258a directs water to sides 136a, 136b of truck bed 110, at Fig. 1, 4).
Regarding Claim 7, modified Block discloses the multiple-panel folding truck bed cover of claim 1, wherein the gull wing panel hinge (hinge 222) comprises: a left pivot arm (door hinge 210a at Fig. 6) rotatably attached to the base arm of the gull wing panel hinge (door hinge 210a is rotatably attached to
said base arm of hinge 222 as shown at Fig. 6) and receiving a left gull wing panel insert (door hinge 210a receives inner surface 220a as shown at Fig. 6); and a right pivot arm (door hinge 210b at Fig. 6) rotatably attached to the base arm of the gull wing panel hinge (door hinge 210b is rotatably attached to said base arm of hinge 222 as shown at Fig. 6) and receiving a right gull wing panel insert (door hinge 210b receives inner surface 220b as shown at Fig. 6).
Regarding Claim 9, modified Block discloses the multiple-panel folding truck bed cover of claim 1, wherein the middle panel compound hinge (hinge 320) comprises: a first pivot arm (panel hinge 198 at Fig. 7) attached to the middle panel (panel hinge 198 is attached to back panel 172 at Fig. 7).
Block fails to explicitly disclose a second pivot arm rotatably attached to the first pivot arm and rotatably attached to the base arm of the middle panel compound hinge.
TAG is in the art of tonneau covers for pickup trucks (abstract) and teaches a second pivot arm (Para. [0084], spacer 224 at Fig. 25) rotatably attached to the first pivot arm (Para. [0084], two angled digits 206 shown at Fig. 25, defining a right-angled digit 206 at Fig. 25) and rotatably attached to the base arm (Para. [0084], two angled digits 206 shown at Fig. 25, defining a left angled digit 206 at Fig. 25) of the middle panel compound hinge (Para. [0084], spacer 224 is rotatably attached to said right angled digit 206 and rotatably attached to said left angled digit 206 of hinge assembly 26, as shown at Fig. 25).
Regarding claim 9, it would have been obvious to one of ordinary skill in the art before the priority date to modify the middle panel compound hinge of Block with the teaching of the middle panel compound hinge having a second pivot arm rotatably attached to the first pivot arm and rotatably attached to the base arm of TAG. The motivation for doing so would have been to facilitate folding and storing the truck bed cover.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
over US 6,234,559 to Block et al. (hereinafter, "Block") in view of
US 2023/0107288 to Truck Accessories Group LLC (hereinafter, "TAG") and
US 2016/0200376 to Toyota Motor Engineering & Manufacturing North America Inc. (hereinafter, "Toyota").
Regarding Claim 8, modified Block discloses the multiple-panel folding truck bed cover of claim 7, wherein the base arm (said base arm of hinge 222), left pivot arm (door hinge 210a), and right pivot arm (door hinge 210b) of the gull wing panel hinge (hinge 222) comprise a material (said base arm of hinge 222, door hinge 210a, and door hinge 210b of hinge 222 comprise a material).
Block fails to explicitly disclose wherein the base arm, left pivot arm, and right pivot arm of the gull wing panel hinge comprise aluminum extrusions.
Toyota is in the art of vehicle cargo box tonneau covers (abstract) and teaches wherein a base arm (Para. [0064], elongated link 156 at Fig. 1B), left pivot arm (Para. [0063], first flange 140 at Fig. 1B), and right pivot arm (Para. [0063], second flange 148 at Fig. 1B) of a gull wing panel hinge (Para. [0063], hinge 54 at Fig. 1B) comprise aluminum extrusions (Para. [0035], hinges 54 disposed between the adjacent panels can be aluminum extrusion).
Regarding claim 8, it would have been obvious to one of ordinary skill in the art before the priority date to modify the hinge of Block with the teaching of the aluminum extrusion hinge of Toyota. The motivation for doing so would have been to improve longevity of the hinge by providing a material resistive to corrosion.
Allowable Subject Matter
Claim 14 is allowed.
Claims 5, 6 and 10-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, Block is in the art of tonneau cover assemblies for a pickup truck bed (abstract) and teaches the multiple-panel folding truck bed cover of claim 1.
Block fails to explicitly disclose wherein the rear panel hinge comprises a base arm comprising at least one liquid gutter structured and arranged to collect and direct liquid to the sidewall rails.
Regarding claim 5, the prior art of record, individually or in combination, does not teach or fairly suggest the multiple-panel folding truck bed cover of claim 1, wherein the rear panel hinge comprises a base arm comprising at least one liquid gutter structured and arranged to collect and direct liquid to the sidewall rails.
Claim 6 depends on claim 5 for at least the same reasons as claim 5.
Regarding claim 10, Block is in the art of tonneau cover assemblies for a pickup truck bed (abstract) and teaches the multiple-panel folding truck bed cover of claim 9.
Block fails to explicitly disclose wherein the second pivot arm of the middle panel compound hinge comprises at least one liquid gutter structured and arranged to collect and direct liquid to the sidewall rails.
Regarding claim 10, the prior art of record, individually or in combination, does not teach or fairly suggest the multiple-panel folding truck bed cover of claim 9, wherein the second pivot arm of the middle panel compound hinge comprises at least one liquid gutter structured and arranged to collect and direct liquid to the sidewall rails.
Claims 11 and 12 depend on claim 10 for at least the same reasons as claim 10.
Regarding claim 14, Block is in the art of tonneau cover assemblies for a pickup truck bed (abstract) and teaches a compound hinge (hinge 320 at Fig. 7) for a multiple-panel folding truck bed cover (tonneau cover assembly 100 at Fig. 1) comprising: a base arm (second support 180 forms a base arm, unlabeled, as shown at Fig. 4, 7) structured and arranged for mounting on opposing sidewall rails (Col. 5, Ln. 24-41, sides 136a, 136b at Fig. 1) of a truck bed (Col. 5, Ln. 24-41, said base arm of second support 180 is arranged to mount to sides 136a, 136b of truck bed 110, as shown at Fig. 1) comprising a generally cylindrical hinge channel ("channel" unlabeled, defined as the channel portion formed at bottom surface 321 of hinge 320, as shown at Fig. 7) adjacent to a rear side of the base arm (said channel is adjacent to a rear side, unlabeled, of said
base arm of second support 180, as shown at Fig. 7); a front liquid gutter (water channel 258a at Fig. 4); and a rear liquid gutter (water channel 258b at Fig. 4).
Block fails to explicitly disclose a first pivot arm comprising a generally cylindrical hinge channel adjacent to a front side of the first pivot arm; and a second pivot arm comprising: a generally cylindrical front hinge pin adjacent to a front side of the second pivot arm rotatably received in the generally cylindrical hinge channel of the base arm; a generally cylindrical rear hinge pin adjacent to a rear side of the second pivot arm rotatably received in the generally cylindrical hinge channel of the first pivot arm; wherein the front liquid gutter is adjacent to the generally cylindrical front hinge pin; wherein the rear liquid gutter is adjacent to the generally cylindrical rear hinge pin.
TAG is in the art of tonneau covers for pickup trucks (abstract) and teaches a compound hinge (hinge assembly 26 at Fig. 2, 25) for a multiple-panel folding truck bed cover (Para. [0051], tonneau cover 10 at Fig. 1) comprising: a base arm (Para. [0084], two angled digits 206 shown at Fig. 25, defining a left angled digit 206 at Fig. 25) structured and arranged for mounting on opposing sidewall rails (Para. [0051], side rails 109, 110 at Fig. 11, 28) of a truck bed (Para. [0051], truck bed 4 at Fig. 1) comprising a generally cylindrical hinge channel (Para. [0083], hinge rod cavity 200 at Fig. 25) adjacent to a rear side of the base arm (hinge rod cavity 200 is adjacent a rear side, unlabeled, of said left angled digit 206, at Fig. 25).
TAG fails to explicitly disclose a first pivot arm comprising a generally cylindrical hinge channel adjacent to a front side of the first pivot arm; and a second pivot arm comprising: a generally cylindrical front hinge pin adjacent to a front side of the second pivot arm rotatably received in the generally cylindrical
hinge channel of the base arm; a generally cylindrical rear hinge pin adjacent to a rear side of the second pivot arm rotatably received in the generally cylindrical hinge channel of the first pivot arm; a front liquid gutter adjacent to the generally cylindrical front hinge pin; and a rear liquid gutter adjacent to the generally
cylindrical rear hinge pin.
Regarding claim 14, the prior art of record, individually or in combination, does not teach or fairly suggest a compound hinge for a multiple-panel folding truck bed cover comprising: a base arm structured and arranged for mounting on opposing sidewall rails of a truck bed comprising a generally cylindrical hinge
channel adjacent to a rear side of the base arm; a first pivot arm comprising a generally cylindrical hinge channel adjacent to a front side of the first pivot arm; and a second pivot arm comprising: a generally cylindrical front hinge pin adjacent to a front side of the second pivot arm rotatably received in the
generally cylindrical hinge channel of the base arm; a generally cylindrical rear hinge pin adjacent to a rear side of the second pivot arm rotatably received in the generally cylindrical hinge channel of the first pivot arm; a front liquid gutter adjacent to the generally cylindrical front hinge pin; and a rear liquid gutter
adjacent to the generally cylindrical rear hinge pin.
None of the cited prior art teaches or fairly suggests a first pivot arm comprising a generally cylindrical hinge channel adjacent to a front side of the first pivot arm; and a second pivot arm comprising: a generally cylindrical front hinge pin adjacent to a front side of the second pivot arm rotatably received in the generally cylindrical hinge channel of the base arm; a generally cylindrical rear hinge pin adjacent to a rear side of the second pivot arm rotatably received in the generally cylindrical hinge channel of the first pivot arm; wherein the front liquid gutter is adjacent to the generally cylindrical front hinge pin; wherein the rear liquid gutter is adjacent to the generally cylindrical rear hinge pin.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
