DETAILED ACTION
This action is a first action on the merits. The claims filed on February 16, 2023 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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims benefit of US Provisional Application No. 63/475,351 filed on February 16, 2023.
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 19-20 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 19: Claim 19 recites the limitation " the transverse member" in line 2. There is insufficient antecedent basis for this limitation in the claim. However, it appears as if the recited “transverse member” is referring to the same part as the previously recited structural member. For the purposes of examination the Examiner has assumed that “the transverse member” is the same as “the structural member”.
Claim 20 is subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dempsey et al., US 2013/0241176 (hereinafter Dempsey).
Claim 1: Dempsey discloses an overland trailer (travel trailer 10), comprising:
a base frame (frame 12) (Fig 1, par [0055]);
a trailer body (bed platforms 14, 16) mounted atop the base frame (12) (as shown in Fig 1-2); and
a tent assembly (campong pod 18) mounted atop the trailer body (as shown in Fig 1-2).
Claim 2: Dempsey discloses wherein the base frame (12) comprises a top plate (floor 24) having a first longitudinal wall (first side frame component 30 supporting top plate 24) disposed on a first side of the top plate (24) (Fig 1-6, par [0060]).
Claim 3: Dempsey discloses wherein the base frame (12) comprises a second longitudinal wall (second side frame component 32 supporting top plate 24) disposed on a second side of the top plate (24) (Fig 1-6, par [0060]).
Claim(s) 1-3 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Falkner, US 2,912,274 (hereinafter Falkner).
Claim 1: Falkner discloses an overland trailer (trailer 10), comprising:
a base frame (frame 20) (Fig 3);
a trailer body (shown in Fig 1) mounted atop the base frame (20) (as shown in Fig 1-3); and
a tent assembly (at side panels 96 and end panel 110) mounted atop the trailer body (as shown in Fig 1-2).
Claim 2: Falkner discloses wherein the base frame (20) comprises a top plate (platform frame 36 and floor panel 46) having a first longitudinal wall (first side member 26) disposed on a first side (along side member 42) of the top plate (36/46) (Fig 3, col 1, ln 65-col 2, ln 19).
Claim 3: Falkner discloses wherein the base frame (20) comprises a second longitudinal wall (second side member 28) disposed on a second side of the top plate (36/46) (Fig 3, col 1, ln 65-col 2, ln 19).
Claim 12: Falkner discloses an overland trailer (trailer 10), comprising:
a base frame (frame 20) (Fig 3), the base frame (20) including:
a top plate (floor 24) having a first longitudinal wall (first side frame component 30 supporting top plate 24) disposed on a first side of the top plate (24) (Fig 1-6, par [0060]) and a second longitudinal wall (second side frame component 32 supporting top plate 24) disposed on a second side of the top plate (24) (Fig 1-6, par [0060]);
a first lip member (Falkner, side member 26 has a upwardly extending flange shown in Fig 3 which creates a lip extending at a 90 degree angle from the upwardly extending flange) extending along and connected to the first longitudinal wall (26) (Falkner, see Fig 3, col 2, ln 4-11) and a second lip member (Falkner, side member 28 has a upwardly extending flange shown in Fig 3 which creates a lip extending at a 90 degree angle from the upwardly extending flange) extending along and connected to the second longitudinal wall (26) (Falkner, see Fig 3, col 2, ln 4-11);
a longitudinal channel (space between/within the side members 26 and 28 and defined by the side members 26, 28 that extends from the forward end member 22 to the rearward end member 24 as shown in Fig 3) extending along a length of the base frame from a first end of the base frame (forward end member 22) to a second end of the base frame (rearward end member 24) (as seen in Fig 3);
a tongue member (auxiliary tongue member 12) removably received in the longitudinal channel (auxiliary tongue member 12 is detached from the frame 20 by removing the pins 140, frame 20 includes the longitudinal channel between side members 26 and 28, col 4, 32-46).
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.
Claim(s) 4-11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Falkner in view of Dempsey.
Claim 4: Falkner fails to disclose wherein the top plate, the first longitudinal wall and the second longitudinal wall are constructed using a single piece of metal.
Dempsey discloses travel trailers constructed from steel and aluminum (par [0003]-[0005]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the top plate, the first longitudinal wall and the second longitudinal wall Falkner to be constructed of metal as Dempsey discloses that travel trails are commonly constructed of steel and aluminum, both of which are metals (Dempsey, par [0003]-[0005]).
Falkner and Dempsey fails to disclose wherein the top plate, the first longitudinal wall and the second longitudinal wall are constructed using a single piece of metal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the top plate, the first longitudinal wall and the second longitudinal wall to be constructed as a single piece of metal, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. In re Larson, 144 USPQ 347, 349 (CCPA 1965).
Claim 5: Falkner, as modified by Dempsey, further discloses the base frame (20) further comprises a first lip member (Falkner, side member 26 has a upwardly extending flange shown in Fig 3 which creates a lip extending at a 90 degree angle from the upwardly extending flange) extending along and connected to the first longitudinal wall (26) (Falkner, see Fig 3, col 2, ln 4-11).
Claim 6: Falkner, as modified by Dempsey, further discloses wherein the base frame (20) further comprises a second lip member (Falkner, side member 28 has a upwardly extending flange shown in Fig 3 which creates a lip extending at a 90 degree angle from the upwardly extending flange) extending along and connected to the second longitudinal wall (26) (Falkner, see Fig 3, col 2, ln 4-11).
Claim 7: Falkner, as modified by Dempsey, fails to disclose wherein the top plate, the first longitudinal wall, the second longitudinal wall, the first lip member and the second lip member are constructed using a single piece of metal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the top plate, the first longitudinal wall, the second longitudinal wall, the first lip member and the second lip member to be constructed as a single piece of metal, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. In re Larson, 144 USPQ 347, 349 (CCPA 1965).
Claim 8: Falkner, as modified by Dempsey, further comprising a longitudinal channel (Falkner, space between/within the side members 26 and 28 that extends from the forward end member 22 to the rearward end member 24 as shown in Fig 3) extending along a length of the base frame from a first end of the base frame (Falkner, forward end member 22) to a second end of the base frame (Falkner, rearward end member 24) (as seen in Fig 3).
Claim 9: Falkner, as modified by Dempsey, further comprising a first transverse wall (Falkner, forward end member 22) disposed at the first end of the base frame (20).
Claim 10: Falkner, as modified by Dempsey, further comprising a second transverse wall (Falkner, rear end member 24) disposed at the second end of the base frame (20) (Falkner, as shown in Fig 3, col 2, ln 4-11).
Claim 11: Falkner, as modified by Dempsey, further comprising a tongue member (Falkner, auxiliary tongue member 12) removably received in the longitudinal channel (Falkner, auxiliary tongue member 12 is detached from the frame 20 by removing the pins 140, frame 20 includes the longitudinal channel between side members 26 and 28, col 4, 32-46).
Claim 13: Falkner fails to disclose wherein the top plate, the first longitudinal wall, the second longitudinal wall, the first lip member and the second lip member are constructed using a single piece of metal.
Dempsey discloses travel trailers constructed from steel and aluminum (Falkner, par [0003]-[0005]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the top plate, the first longitudinal wall and the second longitudinal wall Falkner to be constructed of metal as Dempsey discloses that travel trails are commonly constructed of steel and aluminum, both of which are metals (Dempsey, par [0003]-[0005]).
Falkner, as modified by Dempsey, fails to disclose wherein the top plate, the first longitudinal wall, the second longitudinal wall, the first lip member and the second lip member are constructed using a single piece
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify the top plate, the first longitudinal wall, the second longitudinal wall, the first lip member and the second lip member to be constructed as a single piece of metal, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. In re Larson, 144 USPQ 347, 349 (CCPA 1965).
Claim 14: Falkner, as modified by Dempsey, discloses further comprising a first transverse wall (Falkner, forward end member 22) disposed at the first end of the base frame (20) (Falkner, as shown in Fig 3, col 2, ln 4-11).
Claim 15: Falkner, as modified by Dempsey, discloses further comprising a second transverse wall (Falkner, rear end member 24) disposed at the second end of the base frame (20) (Falkner, as shown in Fig 3, col 2, ln 4-11).
Claim 16: Falkner, as modified by Dempsey, discloses further comprising a trailer body (Falkner, shown in Fig 1) mounted atop the base frame (20) (Falkner, as shown in Fig 1-3);
Claim 17: Falkner, as modified by Dempsey, discloses further comprising a tent assembly (Falkner, at side panels 96 and end panel 110) mounted atop the trailer body (Falkner, as shown in Fig 1-2).
Claim 18: Falkner, as modified by Dempsey, discloses further comprising a structural member (Falkner, pair of angle iron members 128) extending transversely along a width of and connected to the base frame (20) (Falkner, pair of transverse angle iron members 128 extend across the underside of the frame 20 intermediate the ends of the latter and are fixedly secured thereto, col 4, ln 8-14).
Claim 19: Falkner, as modified by Dempsey, discloses wherein a first end of the structural member (128) is connected to the first lip member (Falkner, lip of side member 26) and a second end of the transverse member (128) is connected to the second lip member (Falkner, lip of side member 28) (Falkner, as shown in Fig 3, col 4, ln 8-14).
Claim 20: Falkner, as modified by Dempsey, discloses wherein the first end of the structural member (Falkner, 128) is configured to receive a first axle assembly (Falkner, wheel assembly 130) and the second end of the structural member (Falkner, 128) is configured to receive a second axle assembly (Falkner, wheel assembly 130) (Fig 3, 8, col 4, ln 8-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Freeman, US 2025/0136209 (hereinafter Freeman) drawn to a modular utility trailer with a base frame, Harms et al., US 11,780,517 (hereinafter Harms) drawn to a utility trailer with base frame, Curtis, US 3,625,542 (hereinafter Curtis) drawn to a camping trailer, and Elsner et al., US 2023/0271544 (hereinafter Elsner) drawn to a recreational trailer with a base frame.
Claims 1-20 are rejected. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676