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. 18/411,181, filed on 1/12/2024. Claims 1-18 are currently pending and have been examined. Claims 12 and 14-18 have been rejected as follows. Claim 13 is objected to. Claims 1-11 are allowed.
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.
Claims 12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wood et al (US Patent No. 5,360,250).
Regarding claim 12, Wood et al discloses an accessory mounting system to support an accessory (i.e. camper top, column 7, lines 8-14) on a truck bed sidewall (14, 15, Fig. 1), the accessory mounting system comprising at least one support block (46, Fig. 2 or 72/66, Fig. 3-5) configured to be positioned within a pocket (45, Fig. 2-3) in a sidewall cap (34, Fig. 2; 55, Fig. 3) of the truck bed sidewall (14, Fig. 2-3) and extend from a top surface of the truck bed sidewall (20, Fig. 2-3) located under the sidewall cap (34, Fig. 2; 55, Fig. 3); and wherein the at least one support block (46, Fig. 2 or 72/66, Fig. 3-5) includes a top surface (see annotated Figures 1-2 below) configured to support the accessory (column 6, lines 46-50; column 7, lines 8-12) and a bottom surface (see annotated Figures 1-2 below) configured to be supported by the truck bed sidewall (20, 14, Fig. 2-3).
Figure 1:
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Figure 2:
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Regarding claim 14, Wood et al further discloses wherein a bore (70, Fig. 4-5) is disposed through the at least one support block (72/66, Fig. 5). See annotated Figure 2 above.
Regarding claim 15, Wood et al discloses all of the claimed limitations of the invention as claimed in claim 14 above, and further discloses wherein the bore (70, Fig. 4-5) is configured to receive the fastener (74, Fig. 3-4; column 7, lines 66 to column 8, line 5) to secure the at least one support block (72/66, Fig. 3-4) to the truck bed sidewall (14, 20, Fig. 3). See annotated Figure 2 above.
Regarding claim 16, Wood et al discloses all of the claimed limitations of the invention as claimed in claim 15 above, and further discloses wherein the fastener is a bolt (toggle bolt 74, Fig. 3-4; column 7, lines 42-45).
Regarding claim 17, Wood et al further discloses wherein the at least one support block (72/66, Fig. 3) includes a plurality of support blocks (at each stake pocket 50, Fig. 3-4; column 3, lines 61-64 & column 7, lines 6-15, lines 49-59), wherein each of the plurality of support blocks is configured to be positioned in one pocket.
Regarding claim 18, Wood et al discloses all of the claimed limitations of the invention as claimed in claim 17 above, and further discloses wherein the each of the plurality of support blocks (72/66, Fig. 3) includes a top surface configured to support the accessory and a bottom surface configured to be supported by the truck bed sidewall (14, 20, Fig. 3). See annotated Figure 2 above.
Allowable Subject Matter
Claims 1-11 are allowed.
Claim 13 is 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 claims 1 and 13 is the inclusion of the limitations “the top surface of the at least one support block is configured to extend above a top surface of the sidewall cap to create a gap between the accessory and the top surface of the sidewall cap so the accessory is configured to be supported by the at least one support block and not the sidewall cap”. The closest prior art of Wood et al discloses a support block (46, Fig. 2 or 72/66, Fig. 3-5); however, it does not extend above a top surface of the sidewall cap (34, Fig. 2 or 55, Fig. 3-4) to create a gap between the accessory and the top surface of the sidewall cap. Applicant’s raised gap created by the support block extending above a top surface of the sidewall cap assists in keeping excess weight off the sidewall cap. A downward force applied by a truck bed cap, or other accessory structure, is distributed through the support block via its bottom surface, and ultimately the cargo box sidewall which the support block sits on to thereby keep excess weight off of the (usually plastic) sidewall cap. 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 2-11 contain allowable subject matter by virtue of dependency from claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stanesic (US Patent No. 5,823,601), Elwell (US Patent No. 4,604,013) and Wagner (US Patent No. 4,540,214) disclose bed rail covers with accessory fastening structures.
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/D.L.E./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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