DETAILED ACTION
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.
Claim 13 is 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.
In claim 13, line 4, the applicant recites “the second central”. There is insufficient antecedent basis for this feature in the claims.
In claim 13, line 4, the applicant recites “the bore”. It is not clear if the applicant is referring to the first or second bore.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woodward (US3764177).
Regarding claim 1, Woodward discloses an apparatus comprising: a member configured to be disposed within a stake pocket (1) of a vehicle and facilitate attachment of a vehicle accessory to the vehicle, wherein the member comprises: a first surface (bottom surface of 29, figs 7-10); a second surface ( top surface of 29, figs 7-10 ); and a bore (threaded bore of 33 and 27, figs 9-10) extending through the member between the first surface and the second surface (figs 9-10), wherein the bore comprises: a smooth bore portion (27) having a smooth inner surface (figs 9-10), wherein the smooth bore portion is configured to accommodate a vehicle accessory (29) having a smooth outer surface (portion of 29 inside 27, figs 9-10); and a threaded bore portion (threaded bore of 33, figs 7-10) having a threaded inner surface (figs 7-9), wherein the threaded bore portion is configured to accommodate a vehicle accessory (29) having a threaded outer surface (threaded bore of 33, figs 7-10).
Regarding claim 2, Woodward further discloses an annular surface (surface of 27, figs 9-10) extending between the smooth inner surface and the threaded inner surface ( figs 7-10); and the annular surface is configured to contact an end of the vehicle accessory having the smooth outer surface when the vehicle accessory having the smooth outer surface is disposed within the smooth bore portion (figs 7-10).
Regarding claim 3, Woodward further discloses that the smooth bore portion has a first inner diameter (fig 9); the threaded bore portion has a second inner diameter (fig 9); the first inner diameter is larger than the second inner diameter (fig 9); the bore further comprises an annular surface (surface of 27, fig 9) extending between the smooth inner surface and the threaded inner surface (fig 9); and the annular surface is configured to contact an end of the vehicle accessory having the smooth outer surface when the vehicle accessory having the smooth outer surface is disposed within the smooth bore portion (fig 9).
Regarding claim 4, Woodward further discloses that the first surface defines a first end of the member (figs 9-10); the second surface defines a second end of the member (figs 9-10); the smooth bore portion extends from the first surface (figs 7-10); and the threaded bore portion extends from the second surface (figs 7-10).
Regarding claim 5, Woodward further discloses that the first surface defines a first end of the member (figs 7-10); the second surface defines a second end of the member (figs 7-10); the member is configured such that the first surface and the second surface are located below an opening (top opening of 1, fig 8) of the stake pocket when the member is disposed within the stake pocket; the member further comprises a third surface (surface of 37, figs 9-10) between the first surface and the second surface (figs 7-10); and the third surface is configured to contact a surface of the vehicle when the member is disposed within the stake pocket (figs 9-10).
Regarding claim 8, Woodward further discloses that the vehicle accessory comprises at least one of: a flagpole; an antenna; a whip; an anchor bolt; and a threaded bolt (figs 7-10).
Claims 9, 12-16 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thurston (US 4072113).
Regarding claim 9, Thurston discloses an apparatus comprising: a member (40) configured to be disposed within a stake pocket (14) of a vehicle (10) and facilitate attachment of a vehicle accessory (16) to the vehicle (fig 1), wherein the member comprises: a first surface (top surface of 40, figs 2-3 ) defining a first end of the member (figs 2-3); a second surface (bottom surface of 40, figs 2-3) defining a second end of the -member 9figs 2-3), wherein the member is configured such that the first surface and the second surface are located below an opening (opening of 14, fig 8) of the stake pocket when the member is disposed within the stake pocket (fig 8); a third surface (surface of 40 with protrusion 47, fig 5) between the first surface and the second surface (figs 1-9), wherein the third surface is configured to contact a surface of the vehicle when the member is disposed within the stake pocket (figs 1, 8); a first bore (bore of 40 containing 20 fig 4) extending through the member from the first surface (figs 1-9), wherein the first bore is configured to accommodate the vehicle accessory (figs 1-9); and a second bore (annotated fig 5) extending through the member from the third surface (figs 1-9), wherein the second bore is configured to accommodate a fastener (24, 25) for detachably connecting the member to the surface of the vehicle when the member is disposed within the stake pocket (figs 1-9).
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Regarding claim 12, Thurston further discloses that the member further comprises a third bore (annotated fig 5) extending through the member (annotated fig 5); the third bore is configured to accommodate a fastener (24, 25) for detachably connecting the vehicle accessory to the member when the vehicle accessory is disposed within the first bore (annotated fig 5); and the first bore and the third bore intersect (annotated fig 5).
Regarding claim 13, Thurston further discloses that the member has a central axis (fig 3); the first bore extends along a central axis (fig 3); and the central axis of the member and the second central of the bore are parallel and offset from each other (fig 3).
Regarding claims 14 and 20, Thurston further discloses that the vehicle accessory comprises at least one of: a flagpole; an antenna; a whip; an anchor bolt; and a threaded bolt (figs 1-9).
Regarding claim 15, Thurston discloses an apparatus comprising: a member (40) configured to be disposed within a stake pocket (14) of a vehicle (10) and facilitate attachment of a vehicle accessory (16) to the vehicle (fig 1), wherein the member comprises: a first surface (top surface of 40, figs 2-3 ) defining a first end of the member (figs 2-3); a second surface (bottom surface of 40, figs 2-3 ) defining a second end of the member (figs 2-3), wherein the member is configured such that the first surface and the second surface are located below an opening (opening of 14, fig 8) of the stake pocket when the member is disposed within the stake pocket (figs 1 and 8); a first bore (bore of 40 containing 20 fig 4) extending through the member from the first surface (figs 1-9), wherein the first bore is configured to accommodate the vehicle accessory (figs 1-9); and a second bore (annotated fig 5) extending through the member (annotated fig 5), wherein the second bore is configured to accommodate a fastener for detachably connecting the vehicle accessory to the member when the vehicle accessory is disposed within the first bore (figs 1-9), and wherein the first bore and the third bore intersect (figs 1-9).
Regarding claim 16, Thurston further discloses that the member further comprises: a third surface (surface of 40 with protrusion 47, fig 5) between the first surface and the second surface (figs 1-9), wherein the third surface is configured to contact a surface of the vehicle when the member is disposed within the stake pocket (fig 8); and a third bore (annotated fig 5) extending through the member from the third surface (annotated fig 5), wherein the third bore is configured to accommodate a fastener for detachably connecting the member to the surface of the vehicle when the member is disposed within the stake pocket (figs 1-5).
Regarding claim 19, Thurston further discloses that the member has a central axis (fig 3); the first bore extends along a central axis (fig 3); and the central axis of the member and the second central of the bore are parallel and offset from each other (fig 3).
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 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Woodward (US 3764177) as applied to claims 1 above, and further in view of Thurston (US 4072113).
Regarding claim 6, Woodward is silent regarding the fact that height of the member is less than a depth of the stake pocket such that the member is fully encompassed within the stake pocket when the member is disposed within the stake pocket.
Thurston teaches the fact that height of the member (40) is less than a depth of the stake pocket (14) such that the member is fully encompassed within the stake pocket when the member is disposed within the stake pocket (figs 1, 8).
Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Woodward and Thurston before him or her, to modify the apparatus/method disclosed by Woodward to include the fact that height of the member is less than a depth of the stake pocket such that the member is fully encompassed within the stake pocket when the member is disposed within the stake pocket as taught by Thurston in order to prevent the anchoring element to be considered an undesirable obstruction (col 1 lines 32-40).
Regarding claim 7, Woodward is silent regarding the fact that the member has a first central axis; the bore extends along a second central axis; and the first central axis and the second central axis are parallel and offset from each other.
Thurston teaches that the fact that the member (40) has a first central axis (central axis of 40, fig 3); the bore (bore containing 20, fig3) extends along a second central axis (fig 3); and the first central axis and the second central axis are parallel and offset from each other (fig 3).
Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Woodward and Thurston before him or her, to modify the apparatus/method disclosed by Woodward to include the fact that the fact that the member has a first central axis; the bore extends along a second central axis; and the first central axis and the second central axis are parallel and offset from each other as taught by Thurston in order to achieve an economical structure which allows for retraction of the cargo anchoring device (col 1 lines 32-40).
Claims 10-11 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Thurston (US 4072113) as applied to claims9 and 15 above, and further in view of Woodward (US 3764177).
Regarding claims 10-11 and 17-18, Thurston is silent regarding the fact that the first bore comprises a smooth bore portion having a smooth inner surface, wherein the smooth bore portion is configured to accommodate a vehicle accessory having a smooth outer surface; and a threaded bore portion having a threaded inner surface, wherein the threaded bore portion is configured to accommodate a vehicle accessory having a threaded outer surface. Thurston further discloses that the first bore extends through the member between the first surface and the second surface (figs 1-9).
Woodward teaches that the bore has a smooth bore portion (27) having a smooth inner surface (figs 9-10), wherein the smooth bore portion is configured to accommodate a vehicle accessory (29) having a smooth outer surface (portion of 29 inside 27, figs 9-10); and a threaded bore portion (threaded bore of 33, figs 7-10) having a threaded inner surface (figs 7-9), wherein the threaded bore portion is configured to accommodate a vehicle accessory (29) having a threaded outer surface (threaded bore of 33, figs 7-10).
Woodward further teaches the the smooth bore portion extends from the first surface (bottom surface of 29, figs 7-10); and the threaded bore portion extends from the second surface ( top surface of 29, figs 7-10 ).
Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Woodward and Thurston before him or her, to modify the apparatus/method disclosed by Thurston to include the fact that the first bore comprises a smooth bore portion having a smooth inner surface, wherein the smooth bore portion is configured to accommodate a vehicle accessory having a smooth outer surface; and a threaded bore portion having a threaded inner surface, wherein the threaded bore portion is configured to accommodate a vehicle accessory having a threaded outer surface as taught by Woodward for enabling stake uprights of predetermined standard dimensions to be rigidly supported in stake pockets of various dimensions (col 1 lines 40-45)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANY E AKAKPO whose telephone number is (469)295-9255. The examiner can normally be reached M-F 9am - 5pm.
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/DANY E AKAKPO/Examiner, Art Unit 3672
10/13/2025