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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3, is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3, the meets and bounds of this claim are not understood. No initial mode has been defined in the claims, so its not clear what the term -carry mode- would require? Is carry mode an empty devise? Or a full devise with a surfboard and a handle?
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: the means for housing having a first and second cover. in claim 20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim(s) 1-4,7-14,17-20, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Coleman (US Pub No 2016/0083055).
With respect to claim 1, Coleman shows a device (100) comprising: a bisected insert extending along a longitudinal axis; the bisected insert having a first cover portion (102) and a second cover portion (114); each of the cover portions having a rigid protective exterior shell with a fixed longitudinal dimension and an interior surface lined having a cushioning element configured to receive opposing ends of a predetermined surfboard; and, each of the cover portions including opposing, joinable interdigitating members (A,B) configured to slidingly couple the first cover portion (102) and the second cover portion (114) along the longitudinal axis by insertion of an insertion member (160) extending from an outer surface of the first portion (102) into a corresponding receiving member extending from an inner surface of the second portion (114); wherein an assembled cover (assemble pieces) formed by the first (102) and second cover portion (114) is dimensioned to be stowed within a case (the case is being claimed in a functional manner and the Coleman reference is capable of being stowed in a case).
With respect to claim 2, Coleman shows wherein the bisected insert is made of moisture resistant and UV resistant material (nylon see paragraph 53).
With respect to claim 3, Coleman shows wherein the bisected insert is configured to reversibly switch to a carry mode (fig. 4 shows a mode for carrying) .
With respect to claim 4, Coleman shows further comprising interlocking features (AB and second set AB) arranged on each of the cover portions configured to reversibly lock the cover portions (102,114) together.
With respect to claim 7, Coleman shows wherein a length of the first cover portion (102) and a length of the second cover portion (114) is dimensioned to accommodate the predetermined surfboard (S) (see fig. 6).
With respect to claim 8, Coleman shows wherein draining holes (zippers drain water) disposed within the bisected insert are configured to remove fluid from the bisected insert. (paragraph 58, discloses optional water proof zippers so the conventional zippers would drain all zippered seams)
With respect to claim 9, Coleman shows wherein a dual-locking system (zipper and Velcro see fig 3b) is configured to securely lock the predetermined surfboard in the bisected insert.
With respect to claim 10, Coleman shows a device comprising: a bisected insert (100) extending along a longitudinal axis; the bisected insert having a first cover portion (102) and a second cover portion (114);each of the cover portions having a rigid protective exterior shell (composite shell, shown self-supporting and rigid in figs) with a fixed longitudinal dimension and an interior surface lined having a cushioning element (foam) configured to receive opposing ends of a predetermined surfboard (S); and, each of the cover portions including opposing, joinable interdigitating members (zippers AB) configured to slidingly couple the first cover portion (102) and the second cover portion (114) along the longitudinal axis by insertion of an insertion member (160) extending from an outer surface of the first portion into a corresponding receiving member (112) extending from an inner surface of the second portion (114).
With respect to claim 11, Coleman shows wherein an assembled cover (100) formed by the first and second cover portion (114) is dimensioned to be stowed within a case (this is functionally claimed and the Coleman reference is capable of the function).
With respect to claim 12, Coleman shows wherein the bisected insert is made of moisture resistant and UV resistant material (nylon plastic and foam see paragraph 53).
With respect to claim 13, Coleman shows wherein the bisected insert is configured to reversibly switch to a carry mode (fig. 4a).
With respect to claim 14, Coleman shows further comprising interlocking features (310,311,312,313) arranged on each of the cover portions configured to reversibly lock the cover portions together.
With respect to claim 17, Coleman shows wherein a length of the first cover portion (102) and a length of the second cover portion (114) is dimensioned to accommodate the predetermined surfboard (S).
With respect to claim 18, Coleman shows wherein draining holes (holes in the zippers at the seams) disposed within the bisected insert are configured to remove fluid from the bisected insert.
With respect to claim 19, Coleman shows wherein a dual-locking system (zipper and Velcro see fig. 3bis configured to securely lock the predetermined surfboard in the bisected insert.
With respect to claim 20, Coleman shows a device (100) comprising: means for housing extending along a longitudinal axis; the means for housing having a first cover portion (102) and a second cover portion (114); each of the cover portions having a rigid protective exterior shell with a fixed longitudinal dimension and an interior surface lined having a cushioning element (foam) configured to receive opposing ends of a predetermined surfboard (S); and, each of the cover portions including opposing, joinable interdigitating members (AB) configured to slidingly couple the first cover portion (102) and the second cover portion (114) along the longitudinal axis by insertion of an insertion member (160) extending from an outer surface of the first portion (102) into a corresponding receiving member (112) extending from an inner surface of the second portion (114);
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.
Claims 5,6,15,16, are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Allouche (US Pub No. 2010/0006469).
Coleman discloses the invention substantially as claimed.
However Coleman does not disclose the outer case, Claim 5,15, the case is configured to receive the predetermined surfboard, claim 6,16, wherein at least one handle extends from the case.
Allouche teaches an outer case, the case (10) is configured to receive the predetermined surfboard, claim 6,16, wherein at least one handle (62) extends from the case in the same field of endeavor for the purpose of storage and travel protection for a surfboard.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add the case of Allouche over the top of case of Coleman in order to have more protection for the surfboards. Belt and suspenders type of double protection. Also when the two cases are nested they take up less space while not being used.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/ Primary Examiner, Art Unit 3736
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