DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 4, 8, 9, and 11 are objected to because of the following informalities:
Claim 4, line 2 recites the limitation “a tailgate” which should be changed to “the tailgate”.
Claim 8, lines 1 – 2 recites the limitation “two side body panels” which should be changed to “the two side body panels”
Claim 9, lines 1 – 2 recites the limitation “a tailgate” which should be changed to “the tailgate”.
Claim 11, line 16 recites the limitation “body panelsof” which should be changed to “body panels of”.
Appropriate correction is required.
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 1 – 10, 14, 15, 19, and 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.
Claims 1 – 10, 14, 15, 19, and 20 contains the trademark/trade name Jeep. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a specific vehicle trademark and, accordingly, the identification/description is indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4 and 8 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 positively recites “multiple body components that are the same as corresponding one or more body components that are manufactured for the Jeep brand vehicle wherein the multiple body components include two side body panels and a tailgate”. Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims complies with the statutory requirements.
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.
Claims 1 – 9, 11 – 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bulchak et al. (US 2022/0379791 A1) in view of Mooney et al. (US 2021/0300482 A1) and Smith et al. (US 6,241,266 B1).
For claim 1, Bulchak et al. discloses a trailer, comprising:
multiple body components 112, 114, 116 [that are the same as corresponding one or more body components that are manufactured for the Jeep brand vehicle] (page 2, paragraph [0031], “the panels 114 may be formed of a solid rigid material, such as steel or aluminum, much like the panels of the vehicle 104”) wherein the multiple body components include two side body panels 114 and a tailgate 112, but does not explicitly disclose
the tailgate is the same as a corresponding body component of the vehicle;
a suspension assembly including two or more suspension components that are the same as corresponding suspension components that are manufactured for a Jeep® brand vehicle; and
wherein the two or more suspension components include an axle and that is the same as an axle that is manufactured for the Jeep® brand vehicle.
Mooney et al. discloses [a portion of a cargo area 10 is shown that represents, for example, a cargo area of a pick-up truck, an off road vehicle, a trailer, or a sport utility vehicle; the cargo area can include a bed floor 12 and a pair of sidewalls 14, and includes an opening 18 disposed between the sidewalls with a tailgate assembly 20 movably and removably disposed in the opening] (page 2, paragraph [0029]); but does not explicitly disclose
a suspension assembly including two or more suspension components that are the same as corresponding suspension components that are manufactured for a Jeep® brand vehicle; and
wherein the two or more suspension components include an axle and that is the same as an axle that is manufactured for the Jeep® brand vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the cargo area of Mooney et al. with the trailer and off-road vehicle of Bulchak et al. with a reasonable expectation of success because it would allow for simple and cost-effective manufacturing of a cargo area capable of being used with a trailer or an off-road vehicle, thus reducing overall costs.
Smith et al. discloses [suspension utilizing the axle mounting assembly according to the inventions can be used on trucks, trailers, buses and other types of heavy-duty vehicles, including off-road vehicles as well as on-road vehicles] (col. 9, lines 61 – 65); and [a suspension system 512 comprises a trailing arm assembly including a frame bracket 516, a trailing arm 518, a beam extension 519 and an air spring 520; a shock absorber 522 is mounted between the frame bracket and the beam through a pivot mounting 530; a round axle 524 is secured to a beam 518 through a pair of beam-axle connectors 564 and a bolt 582] (col. 22, lines 42 – 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the axle and suspension system of Smith et al. with the trailer and off-road vehicle of Bulchak et al. modified as above with a reasonable expectation of success because it would allow for a less expensive, more reliable, longer lived, and lower in weight axle mount assembly, thus reducing overall replacement costs.
For claim 2, Bulchak et al. modified as above discloses the trailer [wherein two tires are coupled to the trailer via the suspension assembly] (figs. 1 of Bulchak et al. and Smith et al.), and [wherein the two tires are the same size as tires available on the brand-new Jeep brand vehicle] (as best understood in fig. 1). Additionally, relative dimensions requires minimal skill in the art through changes in size, In re Rose, 105 USPQ 237, wherein having a same size tire on the trailer and vehicle would allow for a smoother traversal over terrain and simpler replacement of the tires.
For claim 3, Bulchak et al. modified as above discloses the trailer [wherein the one or more body components includes a trailer cargo bed assembly 112, 116] (in view of the combination above of Bulchak et al. and Mooney et al.).
For claim 4, Bulchak et al. modified as above discloses the trailer [wherein the trailer cargo bed assembly includes a tailgate that is the same as a tailgate for the Jeep® brand vehicle] (page 2, paragraph [0029] of Mooney et al.).
For claim 5, Bulchak et al. modified as above discloses the trailer [wherein the two or more suspension components include upper 516 and lower control arms 518] (col. 22, lines 42 – 58 of Smith et al.).
For claim 6, Bulchak et al. modified as above discloses the trailer wherein the two or more suspension components include two shock absorbers 522 of Smith et al.
For claim 7, Bulchak et al. modified as above discloses the trailer of claim 1 which includes an axle 524 [that is part of the suspension assembly] (col. 22, lines 42 – 58 of Smith et al.) and [which is the same as an axle that is manufactured for the Jeep brand vehicle] (col. 9, lines 61 – 65 of Smith et al.).
For claim 8, Bulchak et al. modified as above discloses the trailer wherein the one or more body components include two side body panels 114.
For claim 9, Bulchak et al. modified as above discloses the trailer wherein the one or more body components include [the tailgate that is pivotably coupled to a frame 102] (indirectly).
For claim 11, Bulchak et al. discloses a trailer and vehicle, comprising:
[a vehicle 104 having two side body panels] (page 2, paragraph [0031]) and [multiple wheels] (fig. 1),
a trailer 100 [adapted to be coupled to the vehicle] (page 2, paragraph [0028]) and including:
a trailer body 106 including two trailer body panels 114 and a trailer tailgate 112, including:
a trailer frame 102;
a trailer cargo bed 116 [coupled to the trailer body by the trailer frame] (indirectly), [two wheels] (fig. 1), and [a trailer tongue coupled to the trailer frame] (fig. 6), but does not explicitly disclose
a vehicle tailgate and a vehicle suspension assembly for each of the multiple wheels of the vehicle, the vehicle suspension assembly including an axle and suspension components;
a trailer suspension including a trailer axle coupled to the trailer frame, the two wheels coupled to the trailer axle and trailer suspension; and
wherein the trailer axle and at least two components of the trailer suspension are the same components as the vehicle axle and at least two components of the vehicle suspension, and the trailer body panels and trailer tailgate are the same as the two side body panels of the vehicle and the vehicle tailgate.
Mooney et al. discloses [a portion of a cargo area 10 is shown that represents, for example, a cargo area of a pick-up truck, an off road vehicle, a trailer, or a sport utility vehicle; the cargo area can include a bed floor 12 and a pair of sidewalls 14, and includes an opening 18 disposed between the sidewalls with a tailgate assembly 20 movably and removably disposed in the opening] (page 2, paragraph [0029]); but does not explicitly disclose
a vehicle suspension assembly for each of the multiple wheels of the vehicle, the vehicle suspension assembly including an axle and suspension components;
a trailer suspension including a trailer axle coupled to the trailer frame, the two wheels coupled to the trailer axle and trailer suspension; and
wherein the trailer axle and at least two components of the trailer suspension are the same components as the vehicle axle and at least two components of the vehicle suspension.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the cargo area of Mooney et al. with the trailer and off-road vehicle of Bulchak et al. with a reasonable expectation of success because it would allow for simple and cost-effective manufacturing of a cargo area capable of being used with a trailer or an off-road vehicle, thus reducing overall costs.
Smith et al. discloses [suspension utilizing the axle mounting assembly according to the inventions can be used on trucks, trailers, buses and other types of heavy-duty vehicles, including off-road vehicles as well as on-road vehicles] (col. 9, lines 61 – 65); and [a suspension system 512 comprises a trailing arm assembly including a frame bracket 516, a trailing arm 518, a beam extension 519 and an air spring 520; a shock absorber 522 is mounted between the frame bracket and the beam through a pivot mounting 530; a round axle 524 is secured to a beam 518 through a pair of beam-axle connectors 564 and a bolt 582] (col. 22, lines 42 – 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the axle and suspension system of Smith et al. with the trailer and off-road vehicle of Bulchak et al. modified as above with a reasonable expectation of success because it would allow for a less expensive, more reliable, longer lived, and lower in weight axle mount assembly, thus reducing overall replacement costs.
For claim 12, Bulchak et al. modified as above discloses the trailer and vehicle [wherein the trailer tailgate is in the form of a swinging-gate tailgate] (page 2, paragraph [0032]).
For claim 13, Bulchak et al. modified as above discloses the trailer and vehicle [wherein the trailer tailgate is in the form of a drop-down tailgate] (An embodiment of Bulchak discloses in page 2, paragraph [0032], “tailgate 212 may be pivotally connected to brackets 126 about one or more vertical axes to provide a tailgate that opens outward”, such a modification would allow for reduced loads placed upon the tailgate, thus improving overall life cycle and reduced maintenance costs).
For claim 14, Bulchak et al. modified as above discloses the trailer and vehicle [wherein the trailer tailgate is that is the same as a tailgate that is used on a Jeep brand vehicle] (page 2, paragraph [0029] of Mooney et al.).
For claim 15, Bulchak et al. modified as above discloses the trailer and vehicle [wherein the trailer axle that is the same as an axle manufactured for a Jeep brand vehicle] (col. 9, lines 61 – 65 of Smith et al.).
For claim 16, Bulchak et al. modified as above discloses the trailer and vehicle wherein the at least two components of the trailer suspension include [upper and lower control arms 516 and lower control arms 518] (col. 22, lines 42 – 58 of Smith et al.) [that are the same as corresponding parts of the vehicle suspension] (col. 9, lines 61 – 65 of Smith et al.).
For claim 17, Bulchak et al. modified as above discloses the trailer and vehicle wherein the at least two components of the trailer suspension include two shock absorbers 522 [that are the same as corresponding parts of the vehicle suspension] (col. 9, lines 61 – 65 of Smith et al.).
For claim 19, Bulchak et al. modified as above discloses the trailer and vehicle wherein the trailer cargo bed includes two side body panels 114 [that are the same as body panels manufactured for a Jeep® brand vehicle] (page 2, paragraph [0029] of Mooney et al.), and [wherein the two side body panels of the vehicle are part of a vehicle cargo bed 108] (page 2, paragraph [0031]).
For claim 20, Bulchak et al. modified as above discloses the trailer and vehicle [wherein the trailer pivotably coupled to the trailer frame] (page 2, paragraph [0030], indirectly) and [is the same as a tailgate manufactured for a Jeep brand vehicle] (page 2, paragraph [0029] of Mooney et al.).
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bulchak et al. (US 2022/0379791 A1) in view of Mooney et al. (US 2021/0300482 A1) and Smith et al. (US 6,241,266 B1), and further in view of Koch (DE 4310787 A1).
For claim 10, Bulchak et al. modified as above does not explicitly disclose the trailer wherein the one or more body components include a bumper at a rear end of the trailer.
Koch discloses a trailer comprising right and left support elements 7, 8 at a rear form a lowest point 13] (page 7, paragraph [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the right and left support elements of Koch with the trailer of Bulchak et al. modified as above with a reasonable expectation of success because it would allow for improved protection of the frame of the trailer, thus reducing unwanted damage and reduced overall maintenance costs.
Response to Arguments
Applicant’s arguments with respect to claims 1 – 17, 19, and 20 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.
In regards to applicant argument the prior art fails to disclose “any suspension components that are the same as corresponding suspension components that are manufactured for a Jeep brand vehicle”. In light of applicant arguments to use the trademark or trade name of Jeep in the claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) in accordance to MPEP 2173.05(u).
Conclusion
Applicant's amendment necessitated the new grounds 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
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