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 Rejections - 35 USC § 102
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) 1, 2 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CA 2448544 issued to Kublik.
Regarding Claim 1, Kublik teaches in Figures 1-8 and respective portions of the specification of a device (100) for prevention of entry by a rodent into a vehicle having a plurality of tires comprising:
a first component (one of the four interlocking components 202 shown in Figure 2); and
a second component (another one of the four interlocking components 202 shown in Figure 2) configured to releasably attach (first 220 and second 224 interlock components releasably attach to each other) to the first component;
wherein the first component (202) and the second component (202) surrounds a tire (102; see Figure 1) of the vehicle (104) when the second component (202) is releasably attached to the first component (see Figure 1).
Regarding Claim 2, Kublik teaches:
a first end wall (side wall 202 shown on the right side of Figure 2, hereafter referred to as 202r);
a second end wall (side wall 202 shown on the left side of Figure 2, hereafter referred to as 202l);
a first side wall (side wall 202 shown on the upper side of Figure 2, hereafter referred to as 202u);
a second side wall (side wall 202 shown on the bottom side of Figure 2, hereafter referred to as 202b); and
at least one securement device (224) configured to receive an edge (218) of at least one of the walls (202);
wherein the first end wall (202r), the second end wall (202l), the first side wall (202u), and the second side wall (202b) surround the tire of the vehicle (see Figure 1) when the at least one securement device (224) receives the edge.
Regarding Claim 13, Kublik teaches in Figures 1-8 and respective portions of the specification a method (see Figures 1-8 and page 4, lines 12-25) of using a device (100) for prevention of entry by a rodent (see at least the Abstract) into a vehicle (104) having a wheel (102) and an axle comprising the steps of: releasably securing (first 220 and second 224 interlock components releasably attach to each other) a first component (one of the four interlocking components 202 shown in Figure 2) to a second component (another one of the four interlocking components 202 shown in Figure 2) around the tire (102) of the vehicle (104); releasing the first component (202) from the second component (202); and collapsing at least one of the first component and second component into a substantially flat orientation (when the interlocking components are released from each other, surfaces (212) are substantially flat.
Allowable Subject Matter
Claims 17-20 allowed.
Claims 3-12, 14-16 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 primary reason for the indication of allowable subject matter in this case is the inclusion of: in re claims 3-6 where the at least one securement device includes first and second tabs and a channel formed between the first tab and the second tab, where the channel configured to receive the edge; in re claims 7-9 where the first component includes the first side wall, the first end wall, and the second end wall; and where the second component includes the second side wall; where the first side wall is pivotably connected to a first end of the second end wall; and where the second side wall is pivotally connected to a second end of the second wall; in re claim 10-12 where a cutout extends through the first end wall; and a plurality of sliding panels are configured to move upwardly and downwardly relative to the cutout, in re claims 14 and 15 where the method includes the steps of: moving the first component to an extended position in which a first side wall and a second side wall are substantially perpendicular to a base wall; and moving the first component to a collapsed position in which the first side wall and the second side wall are substantially parallel to the base wall; in re claim 16 where the method includes the steps of moving a plurality of sliding panels to a first position where the plurality of sliding panels is located beneath a cutout formed in a wall of the first component or the second component and moving the plurality of sliding panels to a second position where the plurality of sliding panels are at least partially cover the cutout, and where at least some of the plurality of sliding panels abut a component of the vehicle; in re claim 17 where a device surrounds a tire with a first component comprising: a first side wall; a first end wall rotatably mounted to the first side wall at a first end; a second end wall rotatably mounted to the first wall at a second end; a second component configured to releasably attach to the first component; wherein the first component and the second component surround the tire when the second component is releasably attached to the first component, in combination with the other elements recited, not found in the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Regarding Claim 17, U.S. Patent Publication No. 2022/0030849 issued to Sharp is considered the closest prior art of record. Sharp teaches in Figures 1-10 and respective portions of the specification of a device (100) with a first component with a first and second walls (104, 104) that are rotatably mounted (see Figures 1-3 where the pleats 202 rotatably mount panels 104) but does not teach or suggest a second component configured to releasably attach to the first component, where the first component and the second component surround the tire when the second component is releasably attached to the first component.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5).
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BRIAN SWENSON
Primary Examiner
Art Unit 3618
/BRIAN L SWENSON/Primary Examiner, Art Unit 3613
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