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 § 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 37 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 37 is not clearly understood because it claims what the invention is not instead of what the invention is.
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 21-24, 27, 30-35, and 38-40 are rejected under 35 U.S.C. 103 as being unpatentable over Keller (US 2003/0146636) in view of Selle (6,164,882).
Keller discloses an accessory track deck assembly (10) for use in a truck cargo box comprising an accessory track deck (80), a rear bracket (44a,44d), a pair of side brackets (44b,44c), as shown in Figures 1-3. The accessory track deck (80) includes a deck assembly (80) having a rear portion, a first side, and a second side, as shown in Figures 1-3. The rear bracket (44a,44d) is coupled to the rear portion of the deck assembly and configured to extend laterally outward from the deck assembly toward opposing sidewalls of the truck cargo box, as shown in Figures 1-7. The pair of side brackets (44b,44c) is coupled to the first and second sides, respectively, of the deck assembly (80), as shown in Figures 1-7. Each side bracket (44b,44c) is configured to attach to one of the opposing sidewalls of the truck cargo box, as shown in Figures 1 and 7. The rear bracket (44a,44d) and the pair of side brackets (44b,44c) are configured to secure the accessory track deck (80) to the truck cargo box such that the accessory track deck (80) is fixed relative to the truck cargo box. Latch (102) fixes the accessory track deck (80) to the frame (20) which is fixed to the truck cargo box, as disclosed in paragraph [0046].
In reference to claim 22, the rear bracket (44a,44d) is configured to attach to attachment points located on the opposing sidewalls of the truck cargo box, as shown in Figures 1 and 7.
In reference to claim 23, each of the pair of side brackets (44b,44c) is configured to attach to an attachment point located on a respective one of the opposing sidewalls of the truck cargo box, as shown in Figures 1 and 7.
In reference to claim 24, each of the pair of side brackets (44b,44c) is configured to attach to a footman loop located on a respective one of the opposing sidewalls of the truck cargo box. The brackets only need to be capable of attachment to a footman loop. This can be accomplished by ropes or straps. The structure meets the broad limitation.
In reference to claim 27, the rear bracket (44a,44d) is located adjacent a bulkhead end of the truck cargo box and the pair of side brackets (44b,44c) are spaced from the rear bracket (44a,44d) toward a tailgate a tailgate end of the truck cargo box, as shown in Figure 1.
In reference to claim 32, the accessory track deck assembly (10) comprises an accessory track deck including a deck assembly (80) and a plurality of brackets (44a-44d) coupled to the deck assembly (80) and configured to secure the accessory track deck (80) to the truck cargo box such that the accessory track deck (80) is fixed relative to the truck cargo box, as shown in Figures 1-7. Latch (102) fixes the accessory track deck (80) to the frame (20) which is fixed to the truck cargo box, as disclosed in paragraph [0046].
In reference to claim 33, the plurality of brackets (44a-44d) includes a rear bracket (44a,44d) coupled to a rear portion of the deck assembly and configured to extend laterally outward from the deck assembly (80) toward opposing sidewalls of the truck cargo box, as shown in Figures 1 and 7.
In reference to claim 34, the plurality of brackets (44a-44d) further includes a pair of side brackets (44b,44c) coupled to opposing sides of the deck assembly (80) and configured to attach to the opposing sidewalls of the truck cargo box, as shown in Figures 1 and 7.
In reference to claim 35, the rear bracket (44a,44d) and the pair of side brackets (44b,44c) are configured to attach to preexisting attachment points on the truck cargo box, as shown in Figures 1 and 7.
In reference to claim 38, the accessory track deck assembly (10) comprises a deck assembly (80) and at least one bracket (44a-44d) coupled to the deck assembly (80) and configured to secure the deck assembly (80) to the truck cargo box such that the deck assembly (80) is fixed relative to the truck cargo box, as shown in Figures 1 and 7. Latch (102) fixes the accessory track deck (80) to the frame (20) which is fixed to the truck cargo box, as disclosed in paragraph [0046].
In reference to claim 39, the at least one bracket (44a-44d) comprises a bracket (44a-44d) coupled to each side of the deck assembly (80), as shown in Figures 1-7.
In reference to claim 40, the at least one bracket (44a-44d) comprises a bracket (44a-44d) extending across a width of the deck assembly (80) and configured to connect attachment points on opposite sides of the truck cargo box, as shown in Figures 1 and 7.
However, Keller does not disclose the structure of the deck assembly.
Selle teaches forming a deck assembly including at least one plank (16) and at least one accessory track (28), as shown in Figures 1-5.
In reference to claim 30, the at least one accessory track (28) includes an opening (48), a track channel located adjacent to the opening (48), and at least one rail (50) located adjacent to the one side of the opening, as shown in Figure 5.
In reference to claim 31, the at least one accessory track (28) further includes a second rail (52) located adjacent to an opposed side of the opening, as shown in Figure 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the deck assembly of Keller with the planks and accessory tracks, as taught by Selle, with a reasonable expectation for success to provide a tie-down mechanism for a snowmobile or other cargo.
Allowable Subject Matter
Claims 25, 26, 28, 29, and 36 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 primary reason for indicating allowable subject matter of claim 25 is the combination of a bore and fastener positionable through the bore and an attachment point on a sidewall, which is not found in the prior art of record. The intent of Keller is provide an attachment system without fasteners and holes within the side wall so Keller teaches away from the claimed invention.
The primary reason for indicating allowable subject matter of claims 28 and 36 is the accessory tracks extending laterally between the first and second sides, which is not found in the prior art of record. The closest prior art, Selle, teaches tracks that are perpendicular to the claimed invention to allow longitudinal adjustment of quick latch mechanisms to disengage from the skis of the snowmobile.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 July 2, 2026
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