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 21 is objected to because of the following informalities:
In claim 21, line 6, “vehicle” is misspelled.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-23 and 25-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,269,329 (18/437,471), where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Invention
US Patent 12,269,329 (18/437,471)
21. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a panel comprising a frame; one or more hinges, brackets, or mechanisms that connect the panel to the vehicle and/or to provide for the panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the panel and/or for maintaining a position of the panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the panel during movement of the panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element is attached to the frame of the panel.
1. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel, wherein the single panel comprises a frame; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; a motor for moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; wherein the torsion element is configured to assist the motor in moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element comprises a spring, a torsion spring, or a torsion bar, and the torsion element is attached to the frame.
22. The cover according to claim 21, wherein the panel is a single panel, and the cover comprises a motor for moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration.
23. The cover according to claim 22, wherein the torsion element is configured to assist the motor in moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration.
25. The cover according to claim 23, wherein the torsion element is attached to one or both of the opposing side walls of the cargo area.
3. The cover according to claim 1, wherein the torsion element is attached to one or both of the opposing side walls of the cargo area.
26. The cover according to claim 23, wherein the torsion element includes end portions that are attached to the single panel.
4. The cover according to claim 1, wherein the torsion element includes end portions that are attached to the single panel.
27. The cover according to claim 23, wherein the torsion element comprises a spring, a torsion spring, or a torsion bar.
28. The cover according to claim 27, wherein the single panel is attached to a front wall of a cargo area.
2. The cover according to claim 1, wherein the torsion element is attached to the front wall of the cargo area.
29. The cover according to claim 28, wherein the frame comprises a recess into which the torsion element is at least partially received.
5. The cover according to claim 1, wherein the frame comprises a recess into which the torsion element is at least partially received.
30. The cover according to claim 28, wherein the bracket is attached to the frame, and the torsion element is attached to the bracket.
6. The cover according to claim 1, wherein a bracket is attached to the frame, and the torsion element is attached to the bracket.
31. The cover according to claim 27, wherein the cover comprises a second torsion element that is configured to apply the assisting force or the torque onto the single panel to assist the motor and/or the torsion element in moving the single panel.
7. The cover according to claim 1, wherein the cover comprises a second torsion element that is configured to apply an assisting force or torque onto the single panel to assist the motor and/or the torsion element in moving the single panel.
Claim 24 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,269,329.
Regarding claim 24, claim 1 of US Patent No. 12,269,329 recites:
The cover according to claim 23, as shown in the table in paragraph 4 above, except wherein the torsion element has a generally Z-shape.
However, it 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 to construct the torsion element of claim 1 of U.S. Patent No. 12,269,329 to be of a generally Z-shape with a reasonable expectation of success since it has been held that such changes in shape are matters of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. In this instance, the specific shape of the torsion element is not critical to its performance as claimed.
Claims 34-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 12,269,329 (18/437,471), where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Invention
US Patent 12,269,329 (18/437,471)
34. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element is attached to one or both of the opposing side walls of the cargo area.
1. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel, wherein the single panel comprises a frame; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; a motor for moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; wherein the torsion element is configured to assist the motor in moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element comprises a spring, a torsion spring, or a torsion bar, and the torsion element is attached to the frame.
3. The cover according to claim 1, wherein the torsion element is attached to one or both of the opposing side walls of the cargo area.
35. The cover according to claim 34, wherein the cover comprises a motor for moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration.
36. The cover according to claim 35, wherein the torsion element is configured to assist the motor in moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration.
Claims 34 and 37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 16 and 18 of U.S. Patent No. 12,269,329 (18/437,471), where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Invention
US Patent 12,269,329 (18/437,471)
34. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element is attached to one or both of the opposing side walls of the cargo area.
8. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the single panel comprises an outside surface and an opposing inside surface that is configured to face an inside of the cargo area, and the torsion element is connected to the inside surface of the single panel and applies the assisting force or torque onto the inside surface.
16. The cover according to claim 8, wherein the torsion element is attachable to at least one of the opposing side walls of the cargo area.
37. The cover according to claim 34, wherein the cover is a tonneau cover.
18. The method according to claim 8, wherein the cover is a tonneau cover.
Claims 38, 39 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 12,269,329 (18/437,471), where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Invention
US Patent 12,269,329 (18/437,471)
38. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a panel; one or more hinges, brackets, or mechanisms that connect the panel to the vehicle and/or to provide for the panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the panel and/or for maintaining a position of the panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the panel during movement of the panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element includes end portions that are attached to the panel.
1. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel, wherein the single panel comprises a frame; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; a motor for moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; wherein the torsion element is configured to assist the motor in moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element comprises a spring, a torsion spring, or a torsion bar, and the torsion element is attached to the frame.
4. The cover according to claim 1, wherein the torsion element includes end portions that are attached to the single panel.
39. The cover according to claim 38, wherein the panel is a single panel, and the cover comprises a motor for moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration.
40. The cover according to claim 39, wherein the torsion element is configured to assist the motor in moving the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration.
Claims 38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 17 of U.S. Patent No. 12,269,329 (18/437,471), where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Invention
US Patent 12,269,329 (18/437,471)
38. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a panel; one or more hinges, brackets, or mechanisms that connect the panel to the vehicle and/or to provide for the panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the panel and/or for maintaining a position of the panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the panel during movement of the panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the torsion element includes end portions that are attached to the panel.
8. A cover for a vehicle comprising a cargo area, the cargo area has a plurality of walls that include opposing side walls, a front wall that is located adjacent to a passenger cab of the vehicle, and a rear wall or tailgate, the cover comprising: a single panel; one or more hinges, brackets, or mechanisms that connect the single panel to the vehicle and/or to provide for the single panel to be moved relative to the cargo area or vehicle between a closed configuration and an open configuration and/or between the open configuration and the closed configuration; one or more shocks configured to assist with moving the single panel and/or for maintaining a position of the single panel in the open configuration; and a torsion element that is configured to apply an assisting force or torque onto the single panel during movement of the single panel between the closed configuration and the open configuration and/or between the open configuration and the closed configuration; and wherein the single panel comprises an outside surface and an opposing inside surface that is configured to face an inside of the cargo area, and the torsion element is connected to the inside surface of the single panel and applies the assisting force or torque onto the inside surface.
17. The cover according to claim 8, wherein the torsion element includes end portions that are attached to the single panel.
Allowable Subject Matter
Claims 32 and 33 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:
The recitation in claim 32 that the torsion element is connected to the inside surface of the single panel and applies the assisting force or the torque onto the inside surface is not taught nor fairly suggested by the prior art of record. Specifically, the closest prior art with respect to such a location of a torsion element relative to a cover for a vehicle is Kummerman et al. US 3,389,739, where the torsion bar (76, Fig. 12) is located between two adjacent panels acting with respect to a pivot axis between the panels and spaced from adjacent edges thereof. Therefore, the torsion bar of Kummerman et al. does not apply an assisting force onto the inside surface of the cover (2; Figs. 2 and 12) as required by claim 32.
The recitation in claim 33 that the first panel is pivotally coupled to a second panel, where the torsion element has a first end and a second end, the first end of the torsion element is directly connected to the first panel, and the second end of the torsion element is directly connected to the second panel is not taught nor fairly suggested by the prior art of record. Specifically, the closest prior art with respect to a torsion element acting relative to a cover with first and second panels for a vehicle is Kummerman et al. US 3,389,739, where the torsion bar (76, Fig. 12) is located between two adjacent panels (2, 3; Figs. 2 and 12) acting with respect to, and coaxial with a pivot axis between the panels (2, 3; Figs. 2 and 12) and spaced from adjacent edges thereof (as shown in Fig. 12), where such pivot axis is defined by fasteners (74; Fig. 12). While the torsion bar (76, Fig. 12) does have two ends, they are both disposed along the pivot axis between the first and second panels (2, 3; Figs. 2 and 12) and each end is spaced apart from both the first and second panels. Thus, the torsion bar of Kummerman et al. does not include first and second ends which are directly connected to the first and second panels as required by claim 33.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Apolzer et al. US 4,747,441 discloses a cover for a vehicle with a plurality of panels (16; Fig. 3) that are pivotally connected by hinge members (68, 70; Fig. 3). However, the reference does not disclose an element which functions to provide an assisting force to a user when folding the panels.
Bogard US 6,227,602 discloses a truck cargo cover with first and second panels (42, 43; Fig. 2) that are hinged together and are foldable. However, the reference does not disclose an element which functions to provide an assisting force to a user when folding the panels.
Weldy et al. US 6,149,220 discloses a cover for a cargo area of a vehicle which includes a torsion bar (100; Fig. 7) associated with a cover panel (140; Fig. 11). However, the reference lacks shocks for maintaining the position of the panel as required by the independent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612
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