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 .
Response to Amendment
The Amendment filed 3/16/2026 has been entered. Claims 1, 3-10, and 13-20 remain pending in the application. Claims 13 and 19 have been rejected as follows. Claims 1, 3-10, 14-18 and 20 are allowed.
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.
Claim 13 is 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 13 depends from cancelled claim 12; therefor the scope of the claim cannot be determined. For examination purposes, claim 13 is interpreted as depending from claim 10.
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)(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.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loew et al (US Patent No. 5,139,186).
Regarding claim 19, Loew et al discloses an adjustable bedslide assembly that sets onto a cargo box of a pickup truck (military vehicle) and is extendable and retractable relative to the cargo box, the adjustable bedslide assembly comprising a deck assembly (110, Fig. 2; column 2, lines 40+) composed of a first deck portion (110a, Fig. 2) and a second deck portion (110b, Fig. 2); and wherein the first deck portion is engageable (zone 152, Fig. 2) with the second deck portion so the deck assembly is adjustably sizable (column 1, lines 35-42) to fit within dimensions of the cargo box; a plurality of holes (130a, Fig. 2) each regularly spaced along the first deck portion (110a, Fig. 2); a plurality of holes (130b, Fig. 2) each regularly spaced along the second deck portion (110b, Fig. 2); at least one hole of the plurality of holes of the first deck portion is alignable (see zone 152, Fig. 2) with at least one hole of the plurality of holes of the second deck portion; and wherein a fastener (hook 28, Fig. 1, 5 & 5A) is disposable through the at least one hole of the plurality of holes of both the first deck portion and the second deck portion to secure them together (column 2, line 65 to column 3, line 5). The deck assembly of Loew et al can be placed onto a cargo box of a military vehicle and is extendable and retractable by virtue of its telescoping adjustability.
Allowable Subject Matter
Claims 1, 3-10, 14-18 and 20 are allowed.
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Claims 1 and 10 are allowable as they incorporate allowable subject matter from claim 12. The primary reason for indication of allowable subject matter in claims 1 and 10 is the inclusion of the limitations of “the at least one rib of the second deck portion includes a plurality of holes each regularly spaced along the at least one rib of the second deck portion, at least one hole of the plurality of holes of the first deck portion is alignable with at least one hole of the plurality of holes of the second deck portion, and wherein a fastener is disposable through the at least one hole of the plurality of holes of both the first deck portion and the second deck portion to secure them together.” Applicant’s claimed structure defines the indexing and securement means of the invention, in particular embodiment of Figures 7-9, of securing overlapping indexing ribs through apertures on the first and second deck portions to secure the two together with a fastener. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record. Claims 3-9 and 14-18 & 20 contain allowable subject matter by virtue of dependency from claims 1 and 10, respectively.
Response to Arguments
Applicant’s arguments with respect to claim 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. On page 3-4 of Applicant’s remarks, claim 19 is amended adding the indexing subject matter of claim 12. However, claim 19 does not include the bedslide frame assembly structure and ribs for incremental adjustability and aligning the first and second deck portions for securing and preventing relative movement of the deck halves. The broadening of claim language reads on the prior art of Loew et al (US Patent No. 5,139,186) as discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/D.L.E./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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