Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/243,529 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The truck and details of the truck are considered to be a recitation of the intended use of the claimed invention. If the prior art structure is capable of performing the intended use, then it meets the claim.
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 7/09/2025 is acknowledged.
Claim 13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/09/2025.
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, 8, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 4,830,242 to Painter.
Painter teaches
1. A platform for a truck bed of a truck, the platform comprising: a baseframe (40) configured to fit in the truck bed between two wheel wells of the truck; and a modular platform panel (200) resting on top of the base frame and spanning over the two wheel wells, the modular platform panel comprised of a plurality of platform panels (202, 204, 208), wherein the platform panel has a width spanning substantially an interior width of the truck bed above the two wheel wells (as best seen in figure 1 and 2).
8. wherein the platform is manually installable in the truck bed without one setting foot in the truck bed (the examiner considers the platform capable of being setup from a fork lift or other platform).
14. A kit for a platform for a truck bed of a truck, the kit comprising: a baseframe (40) configured to fit in the truck bed between two wheel wells of the truck; and a modular platform panel (200) configured to rest on top of the base frame and span over the two wheel wells, the modular platform panel comprised of a plurality of platform panels, wherein the modular platform panel has a width spanning substantially an interior width of the truck bed above the two wheel wells (as best seen in figures 1 and 2).
15. A platform for a truck bed of a truck, the platform comprising: a baseframe (40) configured to fit in the truck bed between two wheel wells of the truck; and a plurality of platform panels (200,202,204,208) that, when assembled, comprise a modular platform panel configured to be placed on top of the base frame, wherein, when assembled, the platform panel has a width spanning substantially an interior width of the truck bed above the two wheel wells (as best seen in figures 1 and 2).
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.
Claim(s) 3-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,830,242 to Painter.
For further clarification regarding claim 3, the examiner is taking Official Notice that it is well known in the art of furniture and tables to use cleats between a frame and panel to provide a tool less connection. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the platform of Painter by using a cleat style connecter as is known in the art to provide a tool less connection.
For further clarification regarding claim 4-7, the examiner is taking Official Notice that it is well known in the art of furniture or floor in a shop or van to add angle iron or L-shape trim with slotted openings fasteners along an edge to protect the edge of the floor or horizontal panel from damage. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the platform of Paint by adding a angled trim (plate) along the outer edge as is known in the art to protect the edge.
For further clarification regarding claim 10, Painter discloses the frame is made from steel tubing and therefore does not expressly disclose the tubing being aluminum. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the frame from aluminum square tubing, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Claim(s) 2, 9, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,830,242 to Painter in view of US Patent 10,562,383 to Williams.
Painter discloses every element as claimed and discussed above except a channel between panels, padding, and a gasket.
Williams teaches a platform system including three panels (22,24,30) with channels (22e, 24e) that receive the center panel (30). Gaskets/padding (22f, 24f, fig 4, Col 4, 38-43) provide weather sealing between panels and the truck.
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the platform of Painter by adding channels, gaskets, and padding as taught by Williams to provide weather sealing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637