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 .
This communication is in response to application No. 18/381,286, filed on 10/18/2023. Claims 1-20 are currently pending and have been examined. Claims 1-11 and 14-20 have been rejected as follows. Claims 12-13 are objected to.
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 1, 3-10, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Allen et al (US 2023/0145943) in view of Bashuk (US Patent No. 7,367,467).
Regarding claim 1, Allen et al discloses a bedslide assembly (10, Fig. 19; [0039]) that sets onto a cargo box (15, Fig. 19-20) of a pickup truck (13, Fig. 19-20) and is extendable and retractable (Figures 8-16) relative to the cargo box (15, Fig. 20), the bedslide assembly comprising a deck assembly (vehicle tray 14, Fig. 11); and a frame assembly (16, 12; Fig. 11); wherein the frame assembly is composed of a first frame section (12, 26/27; Fig. 11) and a second frame section (16, Fig. 11); wherein the first frame section (12, Fig. 11) is configured to attach to the cargo box (15, Fig. 20; [0039], lines 4-5); wherein the second frame section (16, Fig. 11) attaches to the deck assembly (14, Fig. 13; [0044], lines 1-13); wherein the second frame section (16, Fig. 12) is engageable with and movable relative to the first frame section (12, Fig. 12; abstract, lines 2-5). However, Allen et al does not expressly disclose wherein the deck assembly is composed of a first deck portion and a second deck portion; wherein the first deck portion includes a plurality of ribs; wherein each rib of the plurality of ribs of the first deck portion being regularly spaced on the first deck portion; wherein the second deck portion includes a plurality of ribs; wherein each rib of the plurality of ribs of the second deck portion being regularly spaced on the second deck portion; wherein the first deck portion overlaps the second deck portion so the deck assembly is adjustably sizable to fit within dimensions of the cargo box; and wherein at least one rib of the plurality of ribs of the first deck portion engages at least one rib of the plurality of ribs of the second deck portion.
Bashuk teaches a deck assembly (10, Fig. 1; column 2, lines 11-12) composed of a first deck portion (30, Fig. 2) and a second deck portion (40, Fig. 2); wherein the first deck portion (30, Fig. 2) includes a plurality of ribs (35, Fig. 2; column 2, lines 21-24); wherein each rib (35, Fig. 2) of the plurality of ribs of the first deck portion (30, Fig. 2) being regularly spaced (column 2, lines 44-46) on the first deck portion (30, Fig. 2); wherein the second deck portion (40, Fig. 2) includes a plurality of ribs (45, Fig. 2; column 2, lines 27-29); wherein each rib (45, Fig. 2) of the plurality of ribs of the second deck portion (40, Fig. 2) being regularly spaced (column 2, lines 44-46) on the second deck portion (40, Fig. 2); wherein the first deck portion (30, Fig. 2) overlaps (column 2, lines 57-58) the second deck portion (40, Fig. 2) so the deck assembly (10, Fig. 1-3) is adjustably sizable (column 2, lines 44-56) to fit within dimensions of the cargo box (4, Fig. 1; column 2, lines 57-61); and wherein at least one rib (35, Fig. 2) of the plurality of ribs of the first deck portion (30, Fig. 2) engages (column 2, lines 29-34) at least one rib (45, Fig. 2) of the plurality of ribs of the second deck portion (40, Fig. 2) in the analogous field of the claimed invention of cargo bed vehicle trays.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tray/deck assembly of Allen et al by providing it with the tray/deck portions construction as taught by Bashuk. Doing so would provide an inner tray nested within an outer tray to assemble the storage tray/deck such that the combination of ribs and protrusions prevent sliding motion between one tray and another so that the unit can be assembled and incrementally adjusted to occupy the entire length of the bed of any type of truck (column 2, lines 57-61).
Regarding claim 3, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Bashuk further discloses wherein the first deck portion (30, Fig. 2) is movable (column 2, lines 35-56) with respect to the second deck portion (40, Fig. 2) to change a size of the deck assembly (10, Fig. 1-2; column 2, lines 57-61).
Regarding claim 4, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Bashuk further discloses wherein the plurality of ribs (35, Fig. 1-2) of the first deck portion (30, Fig. 1-2) are regularly spaced apart (column 2, lines 44-56) from each other and the plurality of ribs (45, Fig. 1-2) of the second deck portion (40, Fig. 2) are regularly spaced apart (column 2, lines 44-56) from each other to allow the first deck portion (30, Fig. 1-2) to be moved to any of a plurality of predetermined positions (column 2, lines 35-56) with respect to the second deck portion (40, Fig. 1-2).
Regarding claim 5, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 4 above, and Bashuk further discloses wherein any at least one rib (35, Fig. 1-2) of the plurality of ribs of the first deck portion (30, Fig. 1-2) engages (column 2, lines 29-34) any at least one rib (45, Fig. 1-2) of the plurality of ribs of the second deck portion (40, Fig. 1-2) in order to change a size of the deck assembly (10, Fig. 1-2; column 2, lines 35-61) from a first predetermined size to a second predetermined size.
Regarding claim 6, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Allen et al further discloses wherein the deck assembly (10, Fig. 19; [0039]) is selected from the group consisting of a platform and a tray (14, Fig. 11).
Regarding claim 7, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Bashuk further discloses a partition (50, Fig. 3; column 2, line 66) that is sized to engage the at least one rib (35, Fig. 2-3; column 2, line 67 to column 3, lines 1-5) of the plurality of ribs of the first deck portion (30, Fig. 2-3).
Regarding claim 8, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Bashuk further discloses wherein the first deck portion (30, Fig. 2) is fully separable (Figure 2; column 2, lines 36-45) from the second deck portion (40, Fig. 2).
Regarding claim 9, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Allen et al in view of Bashuk as modified further discloses wherein the second frame section (16, Fig. 11, Allen et al) is attachable to both the first deck portion (30, Fig. 3, Bashuk) and to the second deck portion (40, Fig. 3, Bashuk).
Regarding claim 10, Allen et al discloses a bedslide assembly (10, Fig. 19; [0039]) that sets onto a cargo box (15, Fig. 19-20) of a pickup truck (13, Fig. 19-20) and is extendable and retractable (Figures 8-16) relative to the cargo box (15, Fig. 20), the bedslide assembly comprising a deck assembly (vehicle tray 14, Fig. 11); and a frame assembly (16, 12; Fig. 11); wherein the frame assembly is composed of a first frame section (12, 26/27; Fig. 11) and a second frame section (16, Fig. 11); wherein the first frame section (12, Fig. 11) is configured to attach to the cargo box (15, Fig. 20; [0039], lines 4-5); wherein the second frame section (16, Fig. 11) attaches to the deck assembly (14, Fig. 13; [0044], lines 1-13); wherein the second frame section (16, Fig. 12) is engageable with and movable relative to the first frame section (12, Fig. 12; abstract, lines 2-5). However, Allen et al does not expressly disclose wherein the deck assembly is composed of a first deck portion and a second deck portion; wherein the first deck portion includes at least one rib; wherein the at least one rib of the first deck portion extends along the first deck portion; wherein the second deck portion includes at least one rib; wherein the at least one rib of the second deck portion extends along the second deck portion; and wherein the at least one rib of the first deck portion engages the at least one rib of the second deck portion so a size of the deck assembly is adjustable.
Bashuk teaches a deck assembly (10, Fig. 1; column 2, lines 11-12) composed of a first deck portion (30, Fig. 2) and a second deck portion (40, Fig. 2); wherein the first deck portion (30, Fig. 2) includes at least one rib (35, Fig. 2; column 2, lines 21-24); wherein the at least one rib (35, Fig. 2) of the first deck portion (30, Fig. 2) extends along (in a widthwise direction) the first deck portion (30, Fig. 2); wherein the second deck portion (40, Fig. 2) includes at least one rib (45, Fig. 2; column 2, lines 27-29); wherein the at least one rib (45, Fig. 2) of the second deck portion (40, Fig. 2) extends along (in a widthwise direction) the second deck portion (40, Fig. 2); and wherein the at least one rib (35, Fig. 2) of the first deck portion (30, Fig. 2) engages (column 2, lines 29-34) the at least one rib (45, Fig. 2) of the second deck portion (40, Fig. 2) so a size of the deck assembly is adjustable (column 2, lines 44-61) in the analogous field of the claimed invention of cargo bed vehicle trays.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tray/deck assembly of Allen et al by providing it with the tray/deck portions construction as taught by Bashuk. Doing so would provide an inner tray nested within an outer tray to assemble the storage tray/deck such that the combination of ribs and protrusions prevent sliding motion between one tray and another so that the unit can be assembled and incrementally adjusted to occupy the entire length of the bed of any type of truck (column 2, lines 57-61).
Regarding claim 14, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Bashuk further discloses wherein the at least one rib (35, Fig. 2-3) of the first deck portion (30, Fig. 2-3) is a plurality of ribs (35, Fig. 2-3; column 2, line 21).
Regarding claim 15, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Bashuk further discloses wherein the first deck portion (30, Fig. 2-3) overlaps (column 2, lines 57-58) the second deck portion (40, Fig. 2-3) so the deck assembly is adjustably sizable (column 2, lines 44-61) to fit within dimensions of the cargo box (4, Fig. 1).
Regarding claim 16, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Allen et al further discloses wherein the deck assembly (10, Fig. 19; [0039]) is selected from the group consisting of a platform and a tray (14, Fig. 11).
Regarding claim 17, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Bashuk further discloses wherein the first deck portion (30, Fig. 2) is fully separable (Figure 2; column 2, lines 36-45) from the second deck portion (40, Fig. 2).
Regarding claim 18, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Allen et al in view of Bashuk as modified further discloses wherein the second frame section (16, Fig. 11, Allen et al) is attachable to both the first deck portion (30, Fig. 3, Bashuk) and to the second deck portion (40, Fig. 3, Bashuk).
Regarding claim 19, Allen et al discloses a bedslide assembly (10, Fig. 19; [0039]) that sets onto a cargo box (15, Fig. 19-20) of a pickup truck (13, Fig. 19-20) and is extendable and retractable (Figures 8-16) relative to the cargo box (15, Fig. 20), the bedslide assembly comprising a deck assembly (vehicle tray 14, Fig. 11); and a frame assembly (16, 12; Fig. 11); wherein the frame assembly is composed of a first frame section (12, 26/27; Fig. 11) and a second frame section (16, Fig. 11); wherein the first frame section (12, Fig. 11) is configured to attach to the cargo box (15, Fig. 20; [0039], lines 4-5); wherein the second frame section (16, Fig. 11) attaches to the deck assembly (14, Fig. 13; [0044], lines 1-13); wherein the second frame section (16, Fig. 12) is engageable with and movable relative to the first frame section (12, Fig. 12; abstract, lines 2-5). However, Allen et al does not expressly disclose wherein the deck assembly is composed of a first deck portion and a second deck portion; and wherein the first deck portion is engageable with the second deck portion so the deck assembly is adjustably sizable to fit within dimensions of the cargo box.
Bashuk teaches wherein the deck assembly (10, Fig. 1; column 2, lines 11-12) is composed of a first deck portion (30, Fig. 2) and a second deck portion (40, Fig. 2); and wherein the first deck portion (30, Fig. 2-3) is engageable (column 2, lines 29-34) with the second deck portion (40, Fig. 2-3) so the deck assembly is adjustably sizable (column 2, lines 44-56) to fit within dimensions of the cargo box (4, Fig. 1; column 2, lines 57-61) in the analogous field of the claimed invention of cargo bed vehicle trays.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tray/deck assembly of Allen et al by providing it with the tray/deck portions construction as taught by Bashuk. Doing so would provide an inner tray nested within an outer tray to assemble the storage tray/deck such that the combination of ribs and protrusions prevent sliding motion between one tray and another so that the unit can be assembled and incrementally adjusted to occupy the entire length of the bed of any type of truck (column 2, lines 57-61).
Regarding claim 20, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Bashuk further discloses wherein the first deck portion (30, Fig. 2-3) includes a first index (ribs 35 are indexed at intervals of 4” or 2” increments; column 2, lines 44-56) and the second deck portion (40, Fig. 2-3) includes a second index (ribs 45 are indexed at intervals of 4” or 2” increments; column 2, lines 44-56) so that the first deck portion (30, Fig. 2-3) is positionable to any one of a plurality of positions with respect to the second deck portion (40, Fig. 2-3) so the deck assembly is adjustably sizable (column 2, lines 57-61) to any one of a plurality of predetermined sizes based on the first and second indexes.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Allen et al (US 2023/0145943) in view of Bashuk (US Patent No. 7,367,467) further in view of Wu (US Patent No. 4,909,406).
Regarding claim 2, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 1 above. However, Allen et al in view of Bashuk does not expressly disclose wherein one or more fasteners attach the first deck portion and the second deck portion together.
Wu teaches the use of fasteners (4, Fig. 1; column 1, lines 65-67) to attach the first deck portion (2, Fig. 1) and the second deck portion (1, Fig. 1) together in the analogous field of the claimed invention of lengthwise extendable trays.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adjustable deck of Allen et al in view of Bashuk by providing the deck portions with a fastener as taught by Wu. Doing so would fix the deck (container) at the desired length by fastening the deck portions with the knobs (column 1, lines 22-23).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Allen et al (US 2023/0145943) in view of Bashuk (US Patent No. 7,367,467) further in view of Flum (US Patent No. 4,478,337).
Regarding claim 11, Allen et al in view of Bashuk discloses all of the claimed limitations of the invention as claimed in claim 10 above. However, Allen et al in view of Bashuk does not expressly disclose wherein the at least one rib of the first deck portion includes a plurality of holes each regularly spaced along the at least one rib of the first deck portion.
Flum teaches at least one rib (38, Fig. 1-3) of a first deck portion (12, Fig. 1-3) including a plurality of holes (39, Fig. 1-3) each regularly spaced along the at least one rib of the first deck portion in the analogous field of the claimed invention of lengthwise extendable trays.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adjustable deck of Allen et al in view of Bashuk by providing the ribs with a plurality of holes as taught by Flum. Doing so would enable air to pass through for circulating around any items stored on the deck.
Allowable Subject Matter
Claims 12-13 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: The primary reason for indication of allowable subject matter in claim 12 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 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. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record. Claim 13 contains allowable subject matter by virtue of dependency from claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hollenbaugh, Sr. (US Patent No. 5083827) discloses an incrementally adjustable cargo tray (10) having first and second tray members (12, 14) nested with engaging ribs (22) as old and well known in the art. Mills (US Patent No. 5,938,262) and Willis (US 2023/0182651) disclose slidable truck bed assemblies having a frame with first and second sections supporting a deck assembly that is extendable and retractable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Denise L Esquivel whose telephone number is (703)756-5825. The examiner can normally be reached Monday- Thursday 7:30 am-5:00 pm, alternate Fridays 7:30 am-4:00 pm.
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/DLE/
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612