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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 124. 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.
Specification
The disclosure is objected to because of the following informalities: at [0013], all disclosures of joints “124” should apparently be joints “128” to correspond with what is later disclosed and what is shown in the drawing figures. Appropriate correction is required.
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 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.
(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, 10, 12-14, and 21 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Squyres et al. (2009/0016840).
For claim 1, Squyres et al. disclose a cargo body wall (FIG.4) comprising:
one or more wall panels (not numbered) having an interior side defining an interior plane for facing a cargo receiving volume, the one or more wall panels having an exterior side opposite the interior side;
a plurality of primary logistics tracks (180), each elongated in a first direction and having first and second portions (not numbered, FIG.3) spaced along the first direction, each of the first and second portions having a hat-shaped profile in cross-section transverse to the first direction, wherein each of the plurality of primary logistics tracks includes at least one logistics fitting opening in each of the first and second portions, and wherein the plurality of primary logistics tracks are secured to the one or more wall panels at the interior side such that the first and second portions project inward (as seen in FIG.4) of the interior plane; and
a secondary logistics track (170) elongated in a second direction and having a plurality of logistics fitting openings therein, wherein the secondary logistics track is secured with respect to the primary logistics track and the interior side of the one or more wall panels such that the first and second directions intersect and the secondary logistics track crosses each of the plurality of primary logistics tracks at a position between the first and second portions thereof (that is at a logistics fitting opening of the primary logistics tracks that is disposed between two other openings corresponding to the first and second portions).
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For claim 12, Squyres et al. inherently disclose the recited method.
For claim 2, the secondary logistics track (170) has, in a cross-section taken perpendicular to the second direction, a hat-shape profile including two edge flanges and a raised central portion therebetween in which the plurality of logistics fitting openings are provided.
For claim 13, by way of the hat-shaped profile of the second logistics track, a logistics fitting accommodation area is created between the one or more wall panels and a raised central portion of the secondary logistics track (FIG.3).
For claims 3 and 14, the cargo body wall has a height configured to extend in the first direction parallel to the plurality of primary logistics tracks, and the cargo body wall has a length exceeding the height and extending in the second direction parallel to the second logistics track.
For claims 10 and 21, an entire material thickness of the first and second portions of each of the plurality of primary logistics tracks is positioned inward of the interior plane (FIGS.3-4).
Claims 1-4, 10-15, and 21-22 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Ebnother et al. (10507875).
For claim 1, Ebnother et al. disclose a cargo body wall (FIGS.1-2) comprising:
one or more wall panels (33) having an interior side (51) defining an interior plane for facing a cargo receiving volume, the one or more wall panels (33) having an exterior side (55) opposite the interior side (51);
a plurality of primary logistics tracks (41), each elongated in a first direction and having first and second portions (FIG.6) spaced along the first direction, each of the first and second portions having a hat-shaped profile (FIG.9) in cross-section transverse to the first direction, wherein each of the plurality of primary logistics tracks includes at least one logistics fitting opening (73) in each of the first and second portions, and wherein the plurality of primary logistics tracks are secured to the one or more wall panels at the interior side such that the first and second portions project inward (as seen in FIG.9) of the interior plane; and
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a secondary logistics track (43) elongated in a second direction and having a plurality of logistics fitting openings therein, wherein the secondary logistics track is secured with respect to the primary logistics track and the interior side of the one or more wall panels such that the first and second directions intersect and the secondary logistics track crosses each of the plurality of primary logistics tracks at a position between the first and second portions thereof (that is at a logistics fitting opening of the primary logistics tracks that is disposed between two other openings corresponding to the first and second portions).
For claim 12, Ebnother et al. inherently disclose the recited method.
For claim 2, the secondary logistics track (43) has, in a cross-section taken perpendicular to the second direction, a hat-shape profile (FIG.11) including two edge flanges and a raised central portion therebetween in which the plurality of logistics fitting openings are provided.
For claim 13, by way of the hat-shaped profile of the second logistics track, a logistics fitting accommodation area is created between the one or more wall panels and a raised central portion of the secondary logistics track (FIG.11).
For claims 3 and 14, the cargo body wall has a height configured to extend in the first direction parallel to the plurality of primary logistics tracks, and the cargo body wall has a length exceeding the height and extending in the second direction parallel to the second logistics track.
For claims 4 and 15, each of the plurality of primary logistics tracks (as seen in FIG.11) includes a flat portion between the first and second portions, and the secondary logistics track crosses the flat portion of each of the plurality of primary logistics tracks.
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For claims 10 and 21, an entire material thickness of the first and second portions of each of the plurality of primary logistics tracks is positioned inward of the interior plane (FIG.9).
For claims 11 and 22, the plurality of primary logistics tracks are metal stampings.
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 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.
Claims 5-9 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ebnother et al. as applied above in view of Fenton (2020/0047812).
Ebnother et al. fail to include the specifics of the plurality of panels, the splice joint, continuous section, and offset portion as recited. These features are provided from the prior art of Fenton. Specifically, Fenton teach a cargo body wall including:
one or more wall panels (14) having an interior side (104) defining an interior plane for facing a cargo receiving volume, the one or more wall panels (14) having an exterior side (108) opposite the interior side (104, FIG.5);
a plurality of primary logistics tracks (160), each elongated in a first direction and having first and second portions (FIG.3) spaced along the first direction, each of the first and second portions having a hat-shaped profile (FIG.4) in cross-section transverse to the first direction, wherein each of the plurality of primary logistics tracks includes at least one logistics fitting opening (170) in each of the first and second portions, and wherein the plurality of primary logistics tracks are secured to the one or more wall panels at the interior side such that the first and second portions project inward (as seen in FIG.4) of the interior plane; and
for claims 5 and 16, the plurality of primary logistics tracks (160) are nested into the one or more wall panels such that the flat portions thereof lie in the interior plane (as seen in FIG.5);
for claims 6 and 17, the one or more wall panels are a plurality of wall panels (14), and the primary logistics track are secured to each of the plurality of wall panels;
for claims 7 and 18, a first one of the primary logistics tracks forms part of a splice joint (as seen in FIG.6) between respective edges of a first panel and a second panel of the plurality of wall panels, and a second one (FIGS. 4 or 5) of the plurality of primary logistics tracks is positioned within the first panel;
for claims 8 and 19, in a thickness direction of the cargo body wall orthogonal to the first and second directions, the second one (FIGS. 4 or 5) of the plurality of primary logistics tracks overlies a continuous section of the first panel and is supported in a mid-panel recess on an interior side of the first panel; and
for claims 9 and 20, the continuous section (FIGS. 4 or 5) of the first panel includes an offset portion (136) that forms an outward protrusion along the exterior side (108).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the panel and primary logistic track of Ebnother et al. to be shaped and configured as taught by Fenton in order to allow cargo body to be composed of a plurality of panels to aid in manufacture, to allow the primary logistic track to aid in joining the plurality of panels together at a splice for rigidity, to allow the primary logistic track to seat in a near flush manner with the plane of the interior of the panels, and to allow for an offset of the wall for additional opening space.
Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fenton in view of Ebnother et al.
Fenton (2020/0047812) discloses a cargo body wall including:
one or more wall panels (14) having an interior side (104) defining an interior plane for facing a cargo receiving volume, the one or more wall panels (14) having an exterior side (108) opposite the interior side (104, FIG.5);
a plurality of primary logistics tracks (160), each elongated in a first direction and having first and second portions (FIG.3) spaced along the first direction, each of the first and second portions having a hat-shaped profile (FIG.4) in cross-section transverse to the first direction, wherein each of the plurality of primary logistics tracks includes at least one logistics fitting opening (170) in each of the first and second portions, and wherein the plurality of primary logistics tracks are secured to the one or more wall panels at the interior side such that the first and second portions project inward (as seen in FIG.4) of the interior plane; and
for claim 5, the plurality of primary logistics tracks (160) are nested into the one or more wall panels (as seen in FIG.5) such that the flat portions thereof lie in the interior plane;
for claim 6, the one or more wall panels are a plurality of wall panels (14), and the plurality of primary logistics tracks are secured to each of the plurality of wall panels;
for claim 7, a first one of the primary logistics tracks forms part of a splice joint (in FIG.6) between respective edges of a first panel and a second panel of the plurality of wall panels, and a second one (FIGS. 4 or 5) of the plurality of primary logistics tracks is positioned within the first panel;
for claim 8, in a thickness direction of the cargo body wall orthogonal to the first and second directions, the second one (FIGS. 4 or 5) of the plurality of primary logistics tracks overlies a continuous section of the first panel and is supported in a mid-panel recess on an interior side of the first panel; and
for claim 9, the continuous section (FIGS. 4 or 5) of the first panel includes an offset portion (136) that forms an outward protrusion along the exterior side (108).
Fenton lacks the use of a secondary logistics track, a feature known from Ebnother et al. as set forth above (see the 102 rejections above where Ebnother et al. disclose all of the features of claims 1-4 and 10-11.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided at the primary logistic tracks of Fenton a secondary logistic track as taught by Ebnother et al. in order to allow for additional and more varied securement of cargo.
Fenton, as modified, inherently disclose the method of claims 12-22.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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