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 § 102
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 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.
Claims 1-2, 4, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kmita et al. (US Pat 10,071,692).
Regarding claim 1, Kmita et al. disclose an article carrier system 10 configured for use with a pickup truck 14, comprising: a rear support 34 projecting above side walls 42 of a cargo area 44 of the pickup truck 14, wherein the rear support 34 is slidable along the cargo area 44 (see Figures 1 and 4; Col. 5, lines 55-67); a moveable handle 224 configured to be grasped by a user, wherein the moveable handle 224 is biased to a released position, and wherein, when a force is applied to the moveable handle 224, the moveable handle 224 is configured to move to an actuated position (see Figures 20-22; Col. 12, lines 30-47); a cable 250 moveable in response to movement of the moveable handle 224 (see Figures 20-22; Col. 13, lines 25-34); a lock assembly 200 configured to restrict movement of the rear support 34 when the moveable handle 224 is in the released position and to permit movement of the rear support 34 when the moveable handle 224 is in the actuated position; and a cam 244, wherein the cam 244 is configured to transmit movement of the cable 250 to the lock assembly 200, and wherein the cam 244 is configured to require a lesser force from the user to hold the moveable handle 224 in the actuated position than to move the moveable handle 224 from the released position (see Figures 20-22; Col. 12, line 57-Col. 13, line 5; Col. 13, lines 25-34). The released position of the moveable handle 224 is clockwise in Figure 22 and torsion spring 224a biases the moveable handle 224 clockwise in Figure 22 (see Col. 12, lines 43-47).
Regarding claim 2, Kmita et al. disclose the article carrier system 10 as recited in claim 1, further comprising a torsion spring 224a urging the cam 244 in a direction that applies a force to the cable 250 and the moveable handle 224 such that the moveable handle 224 is urged toward the released position (see Figures 20-22; Col. 12, lines 43-67). The torsion spring 224a is not directly attached to the cam, but it does accomplish the urging recited, meeting the limitation.
Regarding claim 4, Kmita et al. disclose the article carrier system as recited in claim 1, further comprising: a track 40 arranged along a side wall 42 of the cargo area 44, wherein the track 40 includes a plurality of openings 40a (see Figure 22; Col. 13, lines 6-15); and a trolley 204 connected to the rear support 34 and arranged within the track 40, wherein the trolley 204 includes a plurality of openings; wherein the lock assembly 200 includes a locking pin 246 supported by the trolley 204 and configured to selectively project out of one of the openings of the trolley 204 and into one of the openings 40a of the track 40 when the moveable handle is in the released position (see Figures 20-22; Col. 12, lines 30-47; Col. 13, lines 6-24; Col. 14, lines 12-29).
Regarding claim 19, Kmita et al. disclose the article carrier system as recited in claim 1, wherein: the moveable handle 224 is a first of two moveable handles 224 configured to be grasped by a user, the moveable handles 224 are arranged on opposite sides of the rear support 34, both moveable handles 224 are biased to a released position, and when a force is applied to move either one of the moveable handles 224 to an actuated position, the rear support 34 is slidable along the side walls 42 (see Figures 12, 20-22, and 26; Col. 13, lines 29-53).
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.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over King (US Pat 5,121,959) in view of Eddings, Jr. et al. (US PG Pub 2017/0096177).
Regarding claim 23, King discloses an article carrier system configured for use with a pickup truck, comprising: a rear support 9b projecting above side walls 6a of a cargo area 6 of the pickup truck, wherein the rear support 9b is slidable along the cargo area 6 (see Figure 1; Col. 2, lines 25-45); a track 5 extending along a side wall 6a of the cargo area 6 (see Figure 1; Col. 2, lines 25-33); and a trolley 7 connected to the rear support 9b and arranged within the track 5, wherein the trolley 7 includes a plurality of rollers 8 (see Figure 2; Col. 2, lines 34-40, 61-68).
King fails to disclose each of the rollers is configured to rotate about an axis non-parallel relative to both a vertical axis of the track and a horizontal axis of the track.
Eddings, Jr. et al. disclose an article carrier system 10 configured for use with a pickup truck P, comprising: a rear support C projecting above side walls of a cargo area B of the pickup truck P, wherein the rear support C is slidable along the cargo area B; a track 12L, 12R extending near a side wall of the cargo area B (see Figures 1A-5; Paragraph 15); and a trolley 26L, 26R connected to the rear support C and arranged within the track 12L, 12R (see Figure 5; Paragraph 16), wherein the trolley 26L, 26R includes a plurality of rollers 48 (see Figures 5-6B; Paragraphs 22-23), wherein each of the rollers 48 is configured to rotate about an axis non-parallel relative to both a vertical axis of the track 12L, 12R and a horizontal axis of the track 12L, 12R (see Figure 5; Paragraph 22) to allow easy travel of the rear support C (and movable platform 10 on which the rear support C sits) on the rail system (see Paragraph 22).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to configure the rollers of King to rotate about an axis non-parallel relative to both a vertical axis of the track and a horizontal axis of the track, with a reasonable expectation of success, to allow easy travel of the rear support on the rail system and provide a self-centering trolley, as taught by Eddings, Jr. et al..
Allowable Subject Matter
Claims 3, 5-17, 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:
Claim 3 recites an article carrier system configured for use with a pickup truck, comprising: a rear support projecting above side walls of a cargo area of the pickup truck, wherein the rear support is slidable along the cargo area; a moveable handle configured to be grasped by a user, wherein the moveable handle is biased to a released position, and wherein, when a force is applied to the moveable handle, the moveable handle is configured to move to an actuated position; a cable moveable in response to movement of the moveable handle; a lock assembly configured to restrict movement of the rear support when the moveable handle is in the released position and to permit movement of the rear support when the moveable handle is in the actuated position; and a cam, wherein the cam is configured to transmit movement of the cable to the lock assembly, and wherein the cam is configured to require a lesser force from the user to hold the moveable handle in the actuated position than to move the moveable handle from the released position. A torsion spring urges the cam in a direction that applies a force to the cable and the moveable handle such that the moveable handle is urged toward the released position and the torsion spring includes a leg arranged in a well formed in the cam. Kmita et al. disclose an article carrier having a rear support, a moveable handle, a cable, a lock assembly, a cam, and a torsion spring; however, Kmita et al. fail to disclose that the torsion spring includes a leg arranged in a well formed in the cam and it would not be obvious to modify the cam in such a manner. King, as modified by Eddings, Jr., disclose an article carrier having a rear support, a track, a trolley, and a handle; however, King, as modified by Eddings, Jr., fails to disclose a cable, a cam, or a torsion spring. Peruzzo (US PG Pub 2019/0061634) discloses an article carrier having a rear support, a moveable handle, a cable, a lock assembly, and a cam; however, Peruzzo fails to disclose that the cam transmits movement of the cable to the lock assembly or a torsion spring urging the cam and having a leg arranged in a well of the cam. Blout et al. (US Pat 4,345,862) disclose an article carrier having a rear support, a moveable handle, a lock assembly, and a cam; however, Blout et al. fail to disclose a cable or that the handle is biased to the released position. The prior art does not properly teach or suggest the recited configuration, making claim 3 allowable.
Claim 5 recites an article carrier system configured for use with a pickup truck, comprising: a rear support projecting above side walls of a cargo area of the pickup truck, wherein the rear support is slidable along the cargo area; a moveable handle configured to be grasped by a user, wherein the moveable handle is biased to a released position, and wherein, when a force is applied to the moveable handle, the moveable handle is configured to move to an actuated position; a cable moveable in response to movement of the moveable handle; a lock assembly configured to restrict movement of the rear support when the moveable handle is in the released position and to permit movement of the rear support when the moveable handle is in the actuated position; and a cam, wherein the cam is configured to transmit movement of the cable to the lock assembly, and wherein the cam is configured to require a lesser force from the user to hold the moveable handle in the actuated position than to move the moveable handle from the released position. A track is arranged along a side wall of the cargo area, wherein the track includes a plurality of openings; and a trolley is connected to the rear support and arranged within the track, wherein the trolley includes a plurality of openings; the lock assembly includes a locking pin supported by the trolley and is configured to selectively project out of one of the openings of the trolley and into one of the openings of the track when the moveable handle is in the released position. A plurality of wedge actuators are supported within horizontally-arranged openings of the trolley; and a plurality of wedge blocks are configured to interface with a corresponding one of the wedge actuators to selectively project out of a corresponding vertically-arranged opening of the trolley when the moveable handle is in the released position. Kmita et al. disclose an article carrier having a rear support, a moveable handle, a cable, a lock assembly, a cam, a track, and a trolley; however, Kmita et al. fail to disclose a plurality of wedge actuators or a plurality of wedge blocks. King, as modified by Eddings, Jr., disclose an article carrier having a rear support, a track, a trolley, and a handle; however, King, as modified by Eddings, Jr., fails to disclose a cable, a cam, or a plurality of wedge actuators and blocks. Peruzzo (US PG Pub 2019/0061634) discloses an article carrier having a rear support, a moveable handle, a cable, a lock assembly, and a cam; however, Peruzzo fails to disclose that the cam transmits movement of the cable to the lock assembly or a plurality of wedge actuators and blocks. Blout et al. (US Pat 4,345,862) disclose an article carrier having a rear support, a moveable handle, a lock assembly, and a cam; however, Blout et al. fail to disclose a cable or that the handle is biased to the released position. The prior art does not properly teach or suggest the recited configuration, making claim 5 allowable.
Claims 6-17 are allowable because they are dependent on claim 5.
Claim 36 recites an article carrier system configured for use with a pickup truck, comprising: a rear support projecting above side walls of a cargo area of the pickup truck, wherein the rear support is slidable along the cargo area; a track extending along a side wall of the cargo area; a trolley connected to the rear support and arranged within the track, wherein the trolley includes a plurality of rollers, wherein each of the rollers is configured to rotate about an axis non-parallel relative to both a vertical axis of the track and a horizontal axis of the track; a moveable handle configured to be grasped by a user, wherein the moveable handle is biased to a released position, and wherein, when a force is applied to the moveable handle, the moveable handle is configured to move to an actuated position; a cable moveable in response to movement of the moveable handle; a lock assembly configured to restrict movement of the rear support when the moveable handle is in the released position and to permit movement of the rear support when the moveable handle is in the actuated position; and a cam, wherein the cam is configured to transmit movement of the cable to the lock assembly, and wherein the cam is configured to require a lesser force from the user to hold the moveable handle in the actuated position than to move the moveable handle from the released position. Kmita et al. disclose an article carrier having a rear support, a moveable handle, a cable, a lock assembly, a cam, a track, and a trolley; however, Kmita et al. fail to disclose the plurality of rollers rotate about an axis non-parallel to both a vertical axis and a horizontal axis of the track. King, as modified by Eddings, Jr., disclose an article carrier having a rear support, a track, a trolley, and a handle; however, King, as modified by Eddings, Jr., fails to disclose a cable, a cam, or a lock assembly. Peruzzo (US PG Pub 2019/0061634) discloses an article carrier having a rear support, a moveable handle, a cable, a lock assembly, and a cam; however, Peruzzo fails to disclose that the cam transmits movement of the cable to the lock assembly or a plurality of rollers. Blout et al. (US Pat 4,345,862) disclose an article carrier having a rear support, a moveable handle, a lock assembly, and a cam; however, Blout et al. fail to disclose a cable or that the handle is biased to the released position. The prior art does not properly teach or suggest the recited configuration, making claim 36 allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moulin (US Pat 11,225,201) discloses a track assembly having a trolley with a plurality of wedge actuators and blocks. Huisman (US Pat 11,052,828) discloses an article carrier system having a rear support, a handle, a lock assembly, a trolley, and a track. Singer (US Pat 10,427,508) discloses an article carrier having a rear support, a handle, a track, a trolley, and a lock assembly. Maguire (US Pat 9,956,920) discloses an article carrier system having a rear support, a moveable handle, a cam, and a lock assembly. Drasch et al. (US Pat 6,595,573) disclose an article carrier having a track, a trolley, and a plurality of rollers positioned at an axis non-parallel to both a horizontal and vertical axis of the track. Wilding (US Pat 6,464,277) discloses an article carrier system having a rear support, a track, a trolley, a plurality of rollers, and a lock assembly. Kleb et al. (US Pat 6,382,483) disclose an article carrier having a rear support, a moveable handle, a lock assembly, a track, a trolley, and a plurality of rollers. Yorgason (US PG Pub 2002/0020507) discloses a track assembly having a trolley with a plurality of rollers disposed at an axis that is non-parallel to both a horizontal and vertical axis of the track.
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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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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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612