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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “pair of rails within the first container”, “means to move the second container”, “expandable drive train”, and “ramp” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is not clearly understood because there are two “a means to move the second container”. Are these the same or are there two separate means to move the second container? The examiner believes these are the same.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), and further in view of Glover (3,845,832).
Boltz, in reference to claim 1, discloses an extendable cargo space for a container comprising a first container (102), a second container (104), and a ramp (124), as shown in Figures 13-18. The first container (102) has a defined top (127), a defined bottom, and defined side walls (126), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The first container (102) has an opening to fill the container. The second container (104) first within the space of the first container, as disclosed on lines 9-22 of column 4. The second container (104) has a defined top (129), a defined bottom, and defined sides (128), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The sidewalls of first container (102) are hollow such that they form rails to allow the sidewalls of the second container (104) to slide in and out, as disclosed on lines 9-22 of column 4. The second container (104) is movable, as shown in Figures 13-18. The rails guide the travel of the second container, as disclosed on lines 9-22 of column 4. The second container (104) can be locked in place, as shown in Figures 31 and 32 and disclosed on line 59 of column 8 and line 3 of column 9.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Hancock, Sr. et al. teaches providing means to move a container, as disclosed on lines 9-12 of column 4.
In reference to claim 2, the means to move the container can be a hydraulic system, as disclosed on lines 9-12 of column 4.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a hydraulic system to move the second container of Boltz, as taught by Hancock, Sr. et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), and further in view of Glover (3,845,832).
Boltz, in reference to claim 1, discloses an extendable cargo space for a container comprising a first container (102), a second container (104), and a ramp (124), as shown in Figures 13-18. The first container (102) has a defined top (127), a defined bottom, and defined side walls (126), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The first container (102) has an opening to fill the container. The second container (104) first within the space of the first container, as disclosed on lines 9-22 of column 4. The second container (104) has a defined top (129), a defined bottom, and defined sides (128), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The sidewalls of first container (102) are hollow such that they form rails to allow the sidewalls of the second container (104) to slide in and out, as disclosed on lines 9-22 of column 4. The second container (104) is movable, as shown in Figures 13-18. The rails guide the travel of the second container, as disclosed on lines 9-22 of column 4. The second container (104) can be locked in place, as shown in Figures 31 and 32 and disclosed on line 59 of column 8 and line 3 of column 9.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Hancock, Sr. et al. teaches providing means to move a container, as disclosed on lines 9-12 of column 4.
In reference to claim 3, the means to move the container can be an electrical system, as disclosed on lines 9-12 of column 4.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide an electrical system to move the second container of Boltz, as taught by Hancock, Sr. et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), and further in view of Glover (3,845,832).
Boltz, in reference to claim 1, discloses an extendable cargo space for a container comprising a first container (102), a second container (104), and a ramp (124), as shown in Figures 13-18. The first container (102) has a defined top (127), a defined bottom, and defined side walls (126), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The first container (102) has an opening to fill the container. The second container (104) first within the space of the first container, as disclosed on lines 9-22 of column 4. The second container (104) has a defined top (129), a defined bottom, and defined sides (128), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The sidewalls of first container (102) are hollow such that they form rails to allow the sidewalls of the second container (104) to slide in and out, as disclosed on lines 9-22 of column 4. The second container (104) is movable, as shown in Figures 13-18. The rails guide the travel of the second container, as disclosed on lines 9-22 of column 4. The second container (104) can be locked in place, as shown in Figures 31 and 32 and disclosed on line 59 of column 8 and line 3 of column 9.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Hancock, Sr. et al. teaches providing means to move a container, as disclosed on lines 9-12 of column 4.
In reference to claim 4, the means to move the container can be a pneumatic system, as disclosed on lines 9-12 of column 4.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a pneumatic system to move the second container of Boltz, as taught by Hancock, Sr. et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Nick et al. (US 2004/0160073), and further in view of Glover (3,845,832).
Boltz, in reference to claim 1, discloses an extendable cargo space for a container comprising a first container (102), a second container (104), and a ramp (124), as shown in Figures 13-18. The first container (102) has a defined top (127), a defined bottom, and defined side walls (126), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The first container (102) has an opening to fill the container. The second container (104) first within the space of the first container, as disclosed on lines 9-22 of column 4. The second container (104) has a defined top (129), a defined bottom, and defined sides (128), as shown in Figures 13-18. The bottom (not show) is inherent to store items within the trailer. The sidewalls of first container (102) are hollow such that they form rails to allow the sidewalls of the second container (104) to slide in and out, as disclosed on lines 9-22 of column 4. The second container (104) is movable, as shown in Figures 13-18. The rails guide the travel of the second container, as disclosed on lines 9-22 of column 4. The second container (104) can be locked in place, as shown in Figures 31 and 32 and disclosed on line 59 of column 8 and line 3 of column 9.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Nick. et al. teaches providing means to move a structure (101), as shown in Figures 5 and 6 and disclosed in paragraphs [0062] and [0063].
In reference to claim 5, the means to move the container can be a gear (125) and pulley (129) system, as shown in Figure 6.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a gear and pulley system to move the second container of Boltz, as taught by Nick et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), further in view of Glover (3,845,832).
In reference to claim 6, an extendable cargo space for a flatbed comprising a flatbed (100) with a first planar bottom surface (114), defined sidewalls (122), and a second planar member (112) is positioned on top of the planar bottom surface of the flatbed, as shown in Figures 7-12. A pair of rails are secured to the first planar bottom surface (114). The rails are formed by the sidewalls (122), as shown in Figures 7-12. The second planar member (112) is secured to the rails (122) by sidewalls (121) such that the second planar member (112) can move, as shown in Figures 7-12. The pair of rails (122) guide the travel of the second planar member (112), as shown in Figures 7-12. The second planar member (112) can be locked in place, as disclosed on lines 38-49 of column 3. A ramp (124) is provided as shown in Figure 12.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Hancock, Sr. et al. teaches providing means to move a container, as disclosed on lines 9-12 of column 4.
In reference to claim 7, the means to move the container can be a hydraulic system, as disclosed on lines 9-12 of column 4.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a hydraulic system to move the second container of Boltz, as taught by Hancock, Sr. et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), further in view of Glover (3,845,832).
In reference to claim 6, an extendable cargo space for a flatbed comprising a flatbed (100) with a first planar bottom surface (114), defined sidewalls (122), and a second planar member (112) is positioned on top of the planar bottom surface of the flatbed, as shown in Figures 7-12. A pair of rails are secured to the first planar bottom surface (114). The rails are formed by the sidewalls (122), as shown in Figures 7-12. The second planar member (112) is secured to the rails (122) by sidewalls (121) such that the second planar member (112) can move, as shown in Figures 7-12. The pair of rails (122) guide the travel of the second planar member (112), as shown in Figures 7-12. The second planar member (112) can be locked in place, as disclosed on lines 38-49 of column 3. A ramp (124) is provided as shown in Figure 12.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Hancock, Sr. et al. teaches providing means to move a container, as disclosed on lines 9-12 of column 4.
In reference to claim 8, the means to move the container can be an electrical system, as disclosed on lines 9-12 of column 4.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide an electrical system to move the second container of Boltz, as taught by Hancock, Sr. et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), further in view of Glover (3,845,832).
In reference to claim 6, an extendable cargo space for a flatbed comprising a flatbed (100) with a first planar bottom surface (114), defined sidewalls (122), and a second planar member (112) is positioned on top of the planar bottom surface of the flatbed, as shown in Figures 7-12. A pair of rails are secured to the first planar bottom surface (114). The rails are formed by the sidewalls (122), as shown in Figures 7-12. The second planar member (112) is secured to the rails (122) by sidewalls (121) such that the second planar member (112) can move, as shown in Figures 7-12. The pair of rails (122) guide the travel of the second planar member (112), as shown in Figures 7-12. The second planar member (112) can be locked in place, as disclosed on lines 38-49 of column 3. A ramp (124) is provided as shown in Figure 12.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Hancock, Sr. et al. teaches providing means to move a container, as disclosed on lines 9-12 of column 4.
In reference to claim 9, the means to move the container can be a pneumatic system, as disclosed on lines 9-12 of column 4.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a pneumatic system to move the second container of Boltz, as taught by Hancock, Sr. et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Boltz (8,910,989) in view of Hancock, Sr. et al. (8,075,036), further in view of Glover (3,845,832).
In reference to claim 6, an extendable cargo space for a flatbed comprising a flatbed (100) with a first planar bottom surface (114), defined sidewalls (122), and a second planar member (112) is positioned on top of the planar bottom surface of the flatbed, as shown in Figures 7-12. A pair of rails are secured to the first planar bottom surface (114). The rails are formed by the sidewalls (122), as shown in Figures 7-12. The second planar member (112) is secured to the rails (122) by sidewalls (121) such that the second planar member (112) can move, as shown in Figures 7-12. The pair of rails (122) guide the travel of the second planar member (112), as shown in Figures 7-12. The second planar member (112) can be locked in place, as disclosed on lines 38-49 of column 3. A ramp (124) is provided as shown in Figure 12.
However, Boltz does not disclose the means to move the second container and the expandable drive train.
Nick. et al. teaches providing means to move a structure (101), as shown in Figures 5 and 6 and disclosed in paragraphs [0062] and [0063].
In reference to claim 10, the means to move the container can be a gear (125) and pulley (129) system, as shown in Figure 6.
Glover teaches providing an expandable drive train (17a,17b) to fit different lengths of attachments (12) to provide power from the driving tractor (10), as shown in Figure 3 and disclosed on line 64 of column 2 through line 1 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a gear and pulley system to move the second container of Boltz, as taught by Nick et al., with a reasonable expectation for success to reduce the effort needed to extend and retract the second container; and,
provide an expandable drive train to the expandable cargo space of Boltz, as taught by Glover, with a reasonable expectation for success to provide additional drive means to provide better traction for driving the trailer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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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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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 November 24, 2025