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 § 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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Heath (US Pat 4,738,274) in view of Brauer et al. (US Pat 6,983,968).
Regarding claim 1, Heath discloses a canopy system for covering a tray of a vehicle comprising: a frame 11 mountable to the vehicle so as to extend over the tray of the vehicle, the frame 11 comprising a pair of frame members 17, 19 mounted at opposing ends of the tray of the vehicle with struts 87 extending between the pair of frame members 17, 19 to define a roof structure of the frame 11 (see Figures 1-3; Col. 1, line 62- Col. 2, line 22; Col. 3, lines 46-51), each of the frame members 17, 19 having supports 21 configured to attach to a side wall of the vehicle at each corner thereof so as to position the frame 11 above the tray of the vehicle (see Figure 1; Col. 2, lines 3-22); a cover 13 configured to extend over the frame 11, the cover 13 being attachable to at least one of the supports 21 of the frame and having a roof portion 31, a front portion 35, opposing side portions 33 and a rear portion 37, at least one of the opposing side portions 33 and the rear portion 37 being partially detachable from the cover 13 to provide access to the tray of the vehicle (see Figures 1-2; Col. 2, lines 17-22; Col. 4, lines 47-64); wherein the supports 21 of the frame members 17, 19 are independently attached to the side wall of the vehicle at each corner thereof by bracket members 43 attached to ends of the supports 21 (see Figure 4; Col. 2, lines 23-47), each of the bracket members 43 have a brace portion 45 such that the brace portion 45 extends along a top surface of the side wall of the vehicle so that the supports 21 define the end of the frame 11 (see Figures 3-4; Col. 2, lines 3-13), and wherein along each of the side walls of the vehicle, the bracket members 43 attached to each support 21 positioned at opposing ends thereof each have the brace portions 45 extending along the top surface of the side walls of the vehicle in a direction toward the other support 21 to support the frame 11 thereon, and wherein each of the brace portions 45 of the bracket members 43 have a mount portion 49 to be affixed to only an inner surface of the side wall of the vehicle by a fastener 51 (see Figure 4; Col. 2, lines 23-47).
Heath fails to disclose each of the bracket members have a brace portion comprising a triangular body having a portion extending along the support and a portion that extends substantially orthogonally from the support in an inward manner with respect to the support such that the brace portion extends along a top surface of the side wall of the vehicle.
Brauer et al. disclose a modular support system for a vehicle having a pair of side supports 50, 52 and a horizontal support 44, 46, 48 extending between the side supports 50, 52 (see Figures 2-4; Col. 2, lines 22-35). The side supports 50, 52 are attached to the vehicle 12 by a bracket 36, 38 having a brace portion comprising a triangular body portion 86 having a portion extending along the support 50, 52 and a portion 88 that extends substantially orthogonally from the support 50, 52 inwardly with respect to the side support 50, 52 and a side wall 24 of the vehicle and a mount portion 90 that extends from an inner edge of the brace portion 86 in a substantially vertical manner to be affixed only to an inner surface of a side wall 24, 26 of the vehicle 12 (see Figures 1 and 5; Col. 3, lines 1-17).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the bracket members of Heath to have a brace portion comprising a triangular body having a portion extending along the support and a portion that extends substantially orthogonally from the support in an inward manner with respect to the support such that the brace portion extends along a top surface of the side wall of the vehicle and a mount portion that extends from an inner edge of the brace portion in a substantially vertical manner to be affixed to only an inner surface of the side wall, with a reasonable expectation of success, as taught by Brauer et al., to provide support and add strength to the side support.
Regarding claim 2, Heath, as modified by Brauer et al., discloses the canopy system according to claim 1, wherein the supports 21 are located at each corner of the frame 11 and the bracket members 43 attach to opposing ends of the side wall of the vehicle such that the frame 11 spans the tray of the vehicle and the frame 11 is supported on the vehicle (see Figures 1, 3-4; Col. 2, lines 3-22).
Regarding claim 3, Heath, as modified by Brauer et al., disclose the canopy system according to claim 1, wherein the at least one of the opposing side portions 33 and the rear portion 37 are partially detachable from the cover 13 (see Figures 1-2; Col. 2, lines 17-22; Col. 4, lines 47-64). The rear portion 37 is partially detachable along sides such that the rear portion 37 can be lifted to provide access to the tray of the vehicle (Figure 2; Col. 4, lines 47-64; Col. 5, lines 16-28).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Heath, as modified by Brauer et al., in view of Jones (US Pat 6,010,176).
Regarding claim 4, Heath, as modified by Brauer et al., disclose the canopy system according to claim 3.
Heath, as modified by Brauer et al., fail to disclose the at least one of the partially detachable opposing side portions and the rear portion have a pocket formed along a length thereof configured to receive a rod member therein to extend substantially the length of the at least one of the opposing side portions and the rear portion.
Jones discloses a soft cover 10 for a bed of a vehicle having a front panel 40, a rear panel 50 and opposing side panels 30; the rear panel 50 has a roll-up door having a pipe 52, or “rod member”, contained in a sleeve in a bottom of the panel 50 (see Figures 1A and 11; Col. 5, lines 59-61) and used to maintain the shape of the panel 50 during roll-up to provide a profile that can be more easily secured when the panel is in the rolled-up position (see Col. 5, lines 58-63).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the rear panel of Heath, as modified by Brauer et al., with a pocket along a length of the panel to receive a rod member which extends along the length of the rear panel, with a reasonable expectation of success, in order to maintain the shape of the panel during roll-up and provide a profile that can more easily be secured when in the rolled-up position, as taught by Jones.
Regarding claim 5, Heath, as modified by Brauer et al. and Jones, disclose the canopy system according to claim 4, wherein the rod member is supported at either end by the bracket members 43 of the frame 11 to extend along a lowermost edge 111 of the opposing side portions 33 and the rear portion 37 when the opposing side portions 33 and the rear portion 37 are fully attached to the cover 13 (see Figures 1-2; Col. 5, lines 16-28). The rod member would replace the weights 115 along the lowermost edge 111 to rest on the brackets 43 at the portion 45 closest to the support 21, ensuring that the rear portion 37 remains closed (see Figures 1-4).
Response to Arguments
Applicant’s arguments with respect to claims 1-3 have been considered, but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Heath (US Pat 4,738,274) was previously relied upon for its teaching of a cover with a roof portion, a front portion, opposing side portions and a rear portion; however, the teaching of the cover was not at issue in the arguments presented in the response dated November 12, 2025 or any previous response, making the rejection over Heath reasonable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Joab (US Pat 7,914,064) discloses a canopy system for a vehicle having a frame, a cover, and supports of the frame attached at corners of a truck bed such that the supports define an end of the frame. Barnwell (US Pat 11,376,932) discloses a canopy system for a truck bed of a vehicle having a cover, a frame, and supports of the frame attached at corners of the truck bed such that the supports define an end of the frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612