DETAILED ACTION
This action is a first action on the merits. The claims filed on January 31, 2024 have been entered. Claims 1-20 are pending and addressed below.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). This application claims foreign priority to European Patent Application No. EP23212251.5 filed on November 27, 2023
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on January 31, 2024 has been considered by the Examiner.
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.
Claim(s) 1-12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Downing, US 2023/0219482 (hereinafter Downing).
Claim 1: Downing discloses a brace assembly (support beam assembly 10) for use in a load space (loading structure 20) having side walls (side walls 22) carrying vertical tracks (tracks 12), the assembly comprising:
a cross beam (plurality of beams 14) extending between the walls (side walls 22) and having ends juxtaposed with the walls (22) (see Fig 1-2, par [0025]-[0026]);
a respective slide clamp (foot assemblies 16) on each of the ends and vertically slidable along the respective track (a foot assembly 16 may be configured to move relative to a track 12, par [0026], track 12 is vertical, see Fig 1-2);
a respective release slide (release assembly 54) movable in each of the slide clamps (16) between a locked position (first state or locked state) and an unlocked position (second state or unlocked state) (Fig 3-4, par [0038]);
a respective locking formation (teeth 104) in each of the slide clamps (16) couplable to the respective track (12) (teeth 104 may engage the openings 30 of a track 12, par [0033]) and fixing the respective slide clamp (16) on the respective track (12) in the locked position of the release slide (54) and allowing the slide clamp (16) to move along the respective track (12) in the unlocked position of the release slide (54) (Fig 3-4, par [0038]); and
structure on the slide clamp (16) moving the release slide (54) into the unlocked position when the cross beam (14) extends nonorthogonally to the respective track (12) and holding the release slide (16) in the locked position when the cross beam (14) extends substantially orthogonallly from the respective track (Fig 3-4, par [0038], [0047]-[0048]).
Claim 2: Downing discloses wherein the slide clamps (16) each include:
a locking wheel (locking cylinder 102) rotatable about an axis (axis A) in the slide clamp (16) and having an outer periphery carrying several of the locking formations (teeth 104) spaced angularly (see Fig 5, par [0033], [0035]).
Claim 3: Downing discloses wherein the slide clamps (16) each include:
an axle (drive rod 66) extending along the axis (A) and rotatably carrying the wheel (102); and
a spiral spring (spring 58) connected between the wheel (102) and the axle (66) (Fig 5, par [0034]) and tensionable urging the wheel in one angular direction (power balancer assembly 52 configured to bias a foot assembly 16 into the first state, locked state, such as to secure, prevent from moving, a foot assembly 16 to a track 12, par [0035], [0037]); and
a coupling between the spring (58) and the wheel (102) or the axle (66) and permitting relative angular movement of the spring (58) relative to the wheel or the axle (Fig 5, par [0034]-[0035], [0037]).
Claim 4: Downing discloses wherein the structure includes:
a flange (plates 50) in which the axle (66) is journaled (see Fig 3, 5, par [0034]), and slidable in the respective track (12) (Fig 5, par [0031], [0033], 0035]).
Claim 5: Downing discloses wherein there are two of the flanges (shown as plates 501, 502) flanking the wheel (102) axially (shown in Fig 3, par [0033]-[0035]).
Claim 6: Downing discloses wherein the axle (66) is journaled in the respective end of the cross beam (drive rod 66 may include ends 114 that may be received by the third indentations or bosses 1003 of the plates 501, 502, Fig 3-5, par [ 0035]).
Claim 7: Downing discloses wherein the release slide (54) is shiftable longitudinally in the cross beam (Fig 5-6, 9, par [0045]).
Claim 8: Downing discloses wherein the release slide (54) includes a bar (fastener 142) slidable in longitudinal guides (voids 140) of the respective end of the cross beam (beam 14) (see Fig 9, par [0045]).
Claim 9: Downing discloses wherein the release slide (54) is U-shaped (u-shaped release slider 76, see Fig 4, 6, 9).
Claim 10: Downing discloses the release slide has an actuating arm (release arm 76, Fig 3-4, par [0038]).
Claim 11: Downing discloses the guides (140) are longitudinal slots in the respective end of the cross beam (14) (as shown in Fig 6, 9, par [0045]).
Claim 12: Downing discloses wherein the slide clamps (16) each include:
a spring (spring 74) urging the bar (142) into operative engagement with the formation (104) in the locking position of the slide clamp (locking lug 72, including 142, disposed adjacent to and/or may engage the power balancer assembly 52, including spring case 60 and teeth 104, when a foot assembly 16 is in the first state, the locked state, defining a first position of the locking lug 72, par [0039]).
Claim 15: Downing discloses wherein the structure further includes surfaces (indentations 1001, 1002) on the flanges (shown as plates 501, 502) that cam the release slide (release assembly 54) away from the track (12) on movement of the cross beam (14) into a position nonorthogonal to the respective tracks (12) to disengage the formation from the track (indentations 1001, 1002 arranged such that the terminal ends of the pins 801, 802 move from the second indentation 1002 to the first indentation 1001 to the when force is applied to release tabs 132, par [0043]).
Allowable Subject Matter
Claims 13-14 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 claims are allowable over the prior art as discussed above.
Regarding claims 13-14, Downing further discloses the release slide (locking lug 54) with one or more release tabs (132).
Downing does not disclose the release slide has two arms each formed with a slot engaging around the axle. Further, there is no motivation to modify the release slide (54) to include two arms engaging around the axle.
The Examiner is unaware of prior art which reasonably suggests alone or in combination, the limitations of the invention as claimed.
Conclusion
Claims 1-12 and 15 are rejected. Claims 13-14 are objected to. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676