DETAILED ACTION
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Leum et al. (U.S. Patent 11,273,999) in view of Leum et al. (U.S. Patent Application Publication 2020/0347982).
Leum ‘999 discloses a modular loading dock (2) having a mobile base (28), two opposing, adjustable leg members (not labeled, Figures 1, 4 and 5, for example), a bottom surface (32) and a top surface (30) having an opening (52). There is a dock leveler (22) configured as claimed (Figures 4-8, for example) and positioned in the opening. There is a housing (36) having a modular frame mounted to the base and including a frame-front wall (40) configured to fit a vehicle (48) and side walls (42). Leum ‘999 appears to show adjustable legs, but leaves the arrangement to one skilled in the art. Leum ‘982 shows an adjustable leg feature (Figure 5, for example). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used this arrangement as the adjustable leg member of each of Leum ‘999 legs in order to properly level the modular loading dock; thereby fitting the dock with an existing structure, in accordance with the teachings of both references.
Regarding claims 2-4, this is a duplication of existing parts, which cannot patentably distinguish an apparatus. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used an additional foot/feet as desired in order to achieve a proper, level support.
As discussed in the most recent Office action, Leum ‘982 is configured as claimed.
Regarding claims 9 and 10, the housing is securable to a wall of a building and transportable.
Response to Arguments
Applicant's arguments filed 7 April 2026 have been fully considered but they are moot in view of the new grounds of rejection. Regarding the arguments near the bottom of page 5, the examiner disagrees that Leum ‘982 doesn’t overcome the deficiencies of Leum ‘999, for the reasons stated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671
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