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, 5-10, 20-21, and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ehrlich et al. (US 2007/0132261).
With respect to claim 1, Ehrlich et al. disclose a support rail bracket for a vehicle, comprising:
a base 52 configured to couple to the vehicle (Ehrlich et al., paragraph [0047]);
a securement portion 56 coupled to the base 52 and configured to secure an end section of a support rail 42, wherein the support rail 42 is graspable for support during transportation; and
a deformable portion 54 coupled to and extending between the base 52 and the securement portion 56 (as shown in Figs. 6A-6B of Ehrlich et al.),
wherein the deformable portion 54 is configured to:
resist movement of the end section in a first direction (Ehrlich et al., paragraph [0056]); and
deform to allow movement of the end section in a second direction that is approximately opposite the first direction (“When a compressive load is applied to grab handle 40, such as by a driver backing the trailer 130 against a wall of a dock facility or another truck or trailer being driven into trailer 130, spring section 54 bends from its first position to a second position as shown in, for example, FIG. 6B,” Ehrlich et al, paragraph [0048]).
With respect to claim 5, Ehrlich et al. disclose that the deformable portion 54 is configured to deform by bending under a compressive load (Ehrlich et al, paragraph [0056]), and
wherein the deformable portion 54is configured to bend relative to the base 52 and the securement portion 56 (as shown in Figs. 6A-6B).
With respect to claim 6, Ehrlich et al. disclose that the securement portion is capable of applying the compressive load (when grab handle 40 backs against a wall, the load would be transferred through the overmold 110 to the securement portion 56, see Ehrlich et al, paragraph [0056]).
With respect to claim 7, Ehrlich et al. disclose that the deformable portion 54 is configured to move from an undeformed configuration to a deformed configuration in response to applying the compressive load (“a second, compressed position proximate or closer to base section 52,” Ehrlich et al,. paragraph [0056])), and the deformable portion 54 is configured to move from the deformed configuration to the undeformed configuration in response to removing the compressive load (“When the compressive load is removed, spring section 54 returns rod 42 to its first, relaxed position,” Ehrlich et al., paragraph [0056]).
With respect to claim 8, Ehrlich et al. disclose that the deformable portion 54 is configured to reversibly move between an undeformed configuration and a deformed configuration (Ehrlich et al,. paragraph [0056]; Figs. 6A-6B).
With respect to claim 9, Ehrlich et al. disclose that the deformable portion 54 is configured to resist movement of the end section when in the undeformed configuration (“When a tension load is applied to grab handle 40, such as by a user grasping rod 42 and pulling, skirts 118 prevent spring section 54 from bending further away from base section 52,” Ehrlich et al., paragraph [0056]), and the deformable portion 54 is configured to allow movement of the end section when in the deformed configuration (“When the compressive load is removed, spring section 54 returns rod 42 to its first, relaxed position,” Ehrlich et al., paragraph [0056}).
With respect to claim 10, Ehrlich et al. disclose that the deformable portion 54 is coupled to an end segment of the base 52 and to an end segment of the securement portion. 56 (as shown in Fig. 15 of Ehrlich et al.).
With respect to claim 20, Ehrlich et al. disclose a support rail bracket for a vehicle, comprising:
a base 52 configured to couple to the vehicle;
a securement portion 56 coupled to the base (via deformable portion 54) and configured to secure an end section of a support rail 42; and
a deformable portion 54 coupled to and extending between the securement portion 56 and the base 52 (as shown in Fig. 6A of Ehrlich et al.),
wherein the deformable portion 54 is configured to:
resist movement of the end section when a load applied to the support rail is less than a threshold value (the material and dimensions of the deformable portion 54 will inherently set a threshold value at which the end section resists movement); and
deform to allow movement of the end section when the load applied to the support rail is greater than the threshold value (the material and dimensions of the deformable portion 54 that inherently set the threshold will inherently deform when the compressive load is greater than a threshold value).
With respect to claim 21, Ehrlich et al. disclose that the deformable portion 54 is coupled to an end segment of the base 52 and to an end segment of the securement portion. 56 (as shown in Fig. 15 of Ehrlich et al.).
With respect to claim 23, Ehrlich et al. disclose that the deformable portion 54 is configured to deform when the load applied to the support rail imparts a compressive load to the deformable portion, and the compressive load is greater than the threshold value (Ehrlich et al, paragraph [0056]).
With respect to claim 24, Ehrlich et al. disclose that the deformable portion 54 includes a geometric feature (stiffening bead 62) that that enables the deformable portion 54 to deform when the load applied to the support rail is greater than the threshold value (as shown in Fig. 15 of Ehrlich et al.–the stiffening bead 62 contributes to the stiffness thereby creating the threshold value).
With respect to claim 25, Ehrlich et al. disclose that the end section is configured to move toward the deformable portion 54 when the deformable portion 54 is in a deformed configuration (Fig. 6B shows that in the deformed position, the deformable portion 54 is in a curved orientation, such a curve would bring the outer end of the deformable portion closer to the inner end of the deformable portion 54).
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steinigk et al. (US 2020/0122620).
With respect to claim 1, Steinigk et al. disclose a support rail bracket for a vehicle, comprising:
a base 12 configured to couple to the vehicle (via attachment points 14, Steinigk et al., paragraph [0029]);
a securement portion coupled to the base 12 (via the deformable portion) and configured to secure an end section of a support rail (“grab handle 38”), wherein the support rail is graspable for support during transportation (Steinigk et al., paragraph [0028] as shown below in the image taken from Fig. 1 of Steinigk et al.:
[AltContent: textbox (plate with central aperture)][AltContent: ][AltContent: rect][AltContent: textbox (securement portion)][AltContent: ][AltContent: rect]
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and
a deformable portion 20/32 coupled to and extending between the base 12 and the securement portion (as shown in Fig. 1 of Steinigk et al.),
wherein the deformable portion 20/32 is configured to:
resist movement of the end section in a first direction (“In the case of a tensile load downwards, as indicated by arrow 28, in contrast, there is at most a short-term elastic deformation of second retention portion 8,” Steinigk et al., paragraph [0031]); and
deform to allow movement of the end section in a second direction that is approximately opposite the first direction (“In the case of an upwardly acting compressive load, which exceeds a critical magnitude, the part of retaining portion 8 that lies to the right of first predetermined buckling line 32, as seen in the figure, performs a rotational movement about first predetermined buckling line 32. This is indicated by arrow 30. This results in a plastic deformation of second retaining portion 8.,” Steinigk et al, paragraph [0031]).
With respect to claim 2, Steinigk et al. disclose that the deformable portion 20/32 includes a plate that defines a central aperture 24 (as shown in the above image).
Claims 1, 10-12, and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mildner et al. (DE 102008025740).
With respect to claim 1, Mildner et al. discloses a support rail bracket for a vehicle, comprising:
a base 20 configured to couple to the vehicle (as shown in Fig. 2 of Mildner et al., see also middle of pg. 2 of the machine translation of Mildner et al.);
a securement portion 24 coupled to the base 20 (via leg 22) and configured to secure an end section of a support rail 34, wherein the support rail 34 is graspable for support during transportation (as shown in Fig. 1 of Mildner et al.); and
a deformable portion 22/32 coupled to and extending between the base 20 and the securement portion 24 (as shown in Fig. 1 of Mildner et al.),
wherein the deformable portion 22/32 is configured to:
resist movement of the end section in a first direction (“prevents . . a pulling apart of the U-shaped section 16 . 18 in the transverse direction 8th largely,”–see bottom of pg. 6 of the machine translation of Mildner et al. as shown in Fig. 1 of Mildner et al.); and
deform to allow movement of the end section in a second direction that is approximately opposite the first direction (see top of pg. 7 of the machine translation of Mildner et al.).
With respect to claim 11, Mildner et al. disclose that the deformable portion 22/32 extends between the end segment of the base and the end segment of the securement portion at a nonzero angle with respect to the securement portion as shown below in the image taken from Fig. 1 of Mildner et al.:
[AltContent: textbox (90 angle between deformable portion and securement portion)][AltContent: ][AltContent: textbox (end segment of the securement portion)][AltContent: textbox (end segment of the base)][AltContent: ][AltContent: ]
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With respect to claim 12, Mildner et al. disclose that the deformable portion 22/32 is configured to deform under a compressive load that is applied to the deformable portion 22/32 at the nonzero angle (i.e., in the direction of arrow 10 as shown in Fig. 1 of Mildner et al.–see also top of pg. 7 of the machine translation of Mildner et al.).
With respect to claim 20, Mildner et al. disclose a support rail bracket for a vehicle, comprising:
a base 20 configured to couple to the vehicle (as shown in Fig. 2 of Mildner et al., see also middle of pg. 2 of the machine translation of Mildner et al.);
a securement portion 24 coupled to the base (via leg 22) and configured to secure an end section of a support rail 34; and
a deformable portion 22/32 coupled to and extending between the securement portion 24 and the base 20 (as shown in Fig. 1 of Mildner et al.),
wherein the deformable portion 22/23 is configured to:
resist movement of the end section when a load applied to the support rail is less than a threshold value (the material and dimensions of the deformable portion 20 will inherently set a threshold value at which the end section resists movement); and
deform to allow movement of the end section when the load applied to the support rail is greater than the threshold value (the material and dimensions of the deformable portion 20 that inherently set the threshold will inherently deform when the compressive load is greater than a threshold value–see top of pg. 7 of the machine translation of Mildner et al.).
With respect to claim 21, Mildner et al. disclose that the deformable portion 20 is coupled to an end segment of the base and to an end segment of the securement portion as shown below in the image taken from Fig. 1 of Mildner et al.:
[AltContent: textbox (90º angle between deformable portion and securement portion)][AltContent: ][AltContent: textbox (end segment of the securement portion)][AltContent: textbox (end segment of the base)][AltContent: ][AltContent: ]
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With respect to claim 22, Mildner et al. disclose that the deformable portion 22/32 extends between the end segment of the base20 and the end segment of the securement portion 24 at a nonzero angle (90º) with respect to the securement portion 24.
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Steinigk et al. (US 2020/0122620).
With respect to claims 3-4, Steinigk et al. disclose the claimed support rail bracket except that they are silent on the a length of the plate is compared to the thickness of the plate. However, the optimal length to plate ratio would have been obvious to one of ordinary skill in the art through routine experimentation or calculation. That is, one of ordinary skill in the art would know the rigidity and deformation points of different materials and would be able to experimentally or mathematically determine the ideal length to plate ratio to achieve a specified deformation point of the plate.
Allowable Subject Matter
Claims 13-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 13-19 have been indicated as containing allowable subject matter primarily because the prior art of record, alone or in combination does not disclose the braces coupled to and extending away from the base, the braces disposed approximately perpendicular relative to the base; lateral supports coupled to and extending between the braces, the lateral supports configured to secure an end section of a support rail to the support rail bracket; and a deformable portion positioned between the base and one of the braces.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612