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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species I encompassing Figures 2-6 in the reply filed on 1/30/2026 is acknowledged. Accordingly, claim 2 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference numeral “33” has been used to designate two distinct elements in Figures 5 and 7.
Additionally, Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: line 4 includes “bri dge” which appears to be a typographical error and should be “bridge”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: the last line includes “in de retracted position” which appears to contain a typographical error and should be “in the retracted position”. Appropriate correction is required.
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.
Claims 3-4, 7, and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 3 recites “a second insulating panel…the second insulating panel is pulled along to the front”. However, claim 1 included “in the extended position underneath the lip a further layer of insulating material is present.” Claim 3 is indefinite because it is unclear whether the same panel is referenced in two different ways or whether there are two separate movable insulating parts, however Applicant’s specification and drawings do not support the latter. For purposes of examination, to be consistent with Applicant’s specification and drawings, it will be assumed that the further layer of insulating material and the second insulating panel are one and the same.
Claim 4 recites “sliding out of tire lip” in the second to last line, which is indefinite because it appears to be nonsensical. Did Applicant intend “sliding out of the lip”? This is what will be assumed for purposes of examination.
Claim 4 contains two periods. It is unclear where Applicant intends the claim to end.
Claim 7 recites “the beam lacing” in the second line, which is indefinite because it appears to be nonsensical. Did Applicant intend “the beam facing”? This is what will be assumed for purposes of examination.
Claim 10 recites “against tire upper” in the second to last line, which is indefinite because it appears to be nonsensical. Did Applicant intend “against the upper”? This is what will be assumed for purposes of examination.
Correction is required in each instance.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, 6, 9, and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Borgerding, US 8,800,086.
Regarding claim 1, Borgerding teaches a loading ramp for loading platforms (Figures 16-17), comprising
a bridge plate which at its loading platform side rotatably is connected to the loading platform (rotation and hinge shown in Figures 16-17) and at its front side is provided with a lip (18), which lip, from a retracted position, in which the lip is taken up underneath the bridge plate (Figure 16), is extendible from the front side of the bridge plate forward into an extended position, in which extended position a foremost lip part, being provided to the front side of the lip, is intended to rest upon the loading floor of a vehicle (vehicle shown in Figure 2; disclosure in Background section), whereby underneath the bridge plate, completely or partly, a layer of insulating material (84, thermally insulated panel) is provided, characterized in that means are provided by way of which in the extended position underneath the lip a further layer of insulating material (120, weather shield) is present.
Regarding claim 3, Borgerding’s loading ramp includes the means being formed in that the first layer of insulating material is formed by a first insulating panel (84, thermally insulated panel), while above this first insulating panel and underneath the lip a second insulating panel (120, weather shield) is present, which second insulating panel is movable relative to the first insulating panel, and means are provided by way of which, with a sliding out of the lip from the retracted position to the extended position, the second insulating panel is pulled along to the front (Figures 16-17).
Regarding claim 4, Borgerding’s loading ramp includes the means by which with a sliding out of the lip the second insulating panel is pulled along to the front (Figures 16-17), are formed by a catch (70) provided underneath and at the front side of the lip (Figures 16-17) and an upward standing part (78) provided at the front side of the second insulating panel, in such a way, that with a sliding out of the lip to the front, the catch lands against the upwards standing part (at the start of the sliding out) and takes the second insulating panel along during the sliding out to the front (Figures 16-17).
Regarding claim 6, Borgerding’s loading ramp includes a beam (C-shaped beam 76) underneath the bridge plate, extending transverse to the direction of the movement of the lip, which beam limits the path of movement backwards of the second insulating panel, in such a way, that the second insulation panel in the retracted position lies with its rear edge against this beam (126 is disclosed to be the rear section of the second insulating panel; Figure 16).
Regarding claim 9, as shown in Figure 16, the second insulating panel (120+126) in the retracted position rests on the first insulating panel (84).
Regarding claim 11, as shown in Figures 16-17, the rear edge of the second insulating panel (120) is provided with a strip (126) protruding downwards, which strip in the retracted position and in the extended position lies sealingly against the upper side of the first insulating panel (84).
Alternate rejection: Claims 1, 3, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Borgerding, US 8,800,086.
Regarding claim 1, Borgerding teaches a loading ramp for loading platforms (Figures 37-38), comprising
a bridge plate which at its loading platform side rotatably is connected to the loading platform (rotation and hinge shown in Figures 37-38) and at its front side is provided with a lip (18), which lip, from a retracted position, in which the lip is taken up underneath the bridge plate (Figure 37), is extendible from the front side of the bridge plate forward into an extended position, in which extended position a foremost lip part, being provided to the front side of the lip, is intended to rest upon the loading floor of a vehicle (vehicle shown in Figure 2; disclosure in Background section), whereby underneath the bridge plate, completely or partly, a layer of insulating material (84’, thermally insulated panel) is provided, characterized in that means are provided by way of which in the extended position underneath the lip a further layer of insulating material (190, weather shield) is present.
Regarding claim 3, Borgerding’s loading ramp includes the means being formed in that the first layer of insulating material is formed by a first insulating panel (84’, thermally insulated panel), while above this first insulating panel and underneath the lip a second insulating panel (190, weather shield) is present, which second insulating panel is movable relative to the first insulating panel, and means are provided by way of which, with a sliding out of the lip from the retracted position to the extended position, the second insulating panel is pulled along to the front (Figures 37-38).
Regarding claim 10, Borgerding’s loading ramp includes the front edge (frontward lower edge) of the second insulating panel (190) being provided with a strip (plate of 172) protruding downwards, which strip in the retracted position (Figure 37) lies sealingly against the upper side of the first insulating panel (84’).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Borgerding as applied above with Figures 16-17 to claim 3, alone.
Regarding claim 8, Borgerding’s loading ramp includes the first insulation panel comprising a rear edge, a front edge and two side edges and the second insulating panel comprising a rear edge, a front edge and two side edges. While there are no explicit dimensions disclosed, looking at Figures 16-17, it appears obvious that the distance between the front edge and the rear edge of the first insulating panel (84’) is larger than that between the front edge and the rear edge of the second insulating panel (120) because the first insulating panel (84’) is clearly shown to be longer than the second insulating panel (120).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Borgerding as applied above with Figures 37-38 to claim 3, alone.
Regarding claim 8, Borgerding’s loading ramp includes the first insulation panel comprising a rear edge, a front edge and two side edges and the second insulating panel comprising a rear edge, a front edge and two side edges. While there are no explicit dimensions disclosed, looking at Figures 37-38, it appears obvious that the distance between the front edge and the rear edge of the first insulating panel (84’) is larger than that between the front edge and the rear edge of the second insulating panel (190) because the first insulating panel (84’) is clearly shown to be longer than the second insulating panel (190).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Borgerding as applied above with Figures 16-17 to claim 3 in view of Thole et al., US 11,649,121 B2.
Regarding claim 5, while Borgerding fails to disclose that the catch or upwards standing part is provided with one or more magnets, Thole teaches a dock leveler and discloses using disc magnets to releasably secure two elements together (column 15 lines 63-64). Looking at Borgerding’s Figures 16-17, since the catch and the upwards standing part are connected to each other in the retracted position and separated from each other in the extended position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the catch or the upwards standing part to have one or more magnets in view of Thole’s disclosure as discussed above to ensure that the catch and the upwards standing part are maintain contact in the retracted position and that those releasably secured to each other.
Regarding claim 7, while Borgerding fails to disclose that the rear edge of the second insulating panel is provided with one or more magnets, Thole teaches a dock leveler and discloses using disc magnets to releasably secure two elements together (column 15 lines 63-64). Looking at Borgerding’s Figures 16-17, since the rear edge (rear of 126) of the second insulating panel contacts element 78 in the retracted position and separates from 78 in the extended position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rear edge of the second insulating panel to be provided with one or more magnets in view of Thole’s disclosure as discussed above to ensure that the rear edge of the second insulating panel maintains contact with element 78 in the retracted position and that those elements are releasably secured to each other.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Multiple references are cited for teaching a loading ramp with retractable lip. It is noted that Ashelin et al., US 6,502,268 B2 could have been used to reject at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J CHU whose telephone number is 571-272-7819. The examiner can normally be reached M-F generally 9:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHERINE J CHU/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671