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 .
Claim Objections
Claims 1-19 are objected to because of the following informalities:
In claim 1, line 18-19, and claim 14, line 13, it is thought that the recitation of “a mounting portion” should be changed to –the one or more mounting portions-- to correspond to such previously recited feature.
In claim 14, lines 8-9 and lines 14-15 contain identical phraseology.
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 1-19 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.
In claim 1, lines 11-12, and claim 14, line 6, it is not clear in what instance the hidden hinges are “positioned entirely within one of more of the storage compartments.” The hinges would be entirely within the storage compartments when the doors are closed, but not when the doors are open. Therefore, this recitation is only accurate under certain conditions, namely when the doors are closed.
In claim 1, the last two lines, and claim 14, the last two lines, no axis of the mounting portions has been established in the claim and it is unclear how a channel can have an axis. The mounting portions and channels extent along directions which are parallel, but they are not “coaxial.”
In claims 5-7, line 1, “rim” lacks clear antecedent basis. In claim 9, line 1, “seal” lacks clear antecedent basis.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,814,015. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Application
US Patent 11,814,015 (17/198,399)
Claim 1. A truck body comprising: a first side structure comprising a first enclosure assembly defining one or more storage compartments; a second side structure comprising a second enclosure assembly defining one or more storage compartments; a bed between the first side structure and the second side structure; wherein the first enclosure assembly and/or the second enclosure assembly comprises: one or more doors each movable between an open position that provides access to a respective storage compartment of the one or more storage compartments and a closed position that prevents access to the respective storage compartment; at least two hidden hinges positioned entirely within one or more of the storage compartments and coupled with a respective door of the one or more doors to pivot the respective door between the open position and the closed position, wherein each of the at least two hidden hinges include a planar portion mounted to a door of the one or more doors and are pivotally attached to one or more mounting portions; and one or more door flanges each surrounding an opening for a respective storage compartment of the one or more storage compartments, wherein at least a portion of the one or more door flanges include a longitudinally-extending channel dimensioned to receive a mounting portion of the at least two hidden hinges, wherein the one or more mounting portions include a side that abuts the longitudinally-extending channel, and wherein the one or more mounting portions of each of the at least two hidden hinges and the longitudinally-extending channel are coaxial with each other.
Claim 1. A truck body comprising: a first side structure comprising a first enclosure assembly defining a plurality of storage compartments; a second side structure comprising a second enclosure assembly defining a plurality of storage compartments; a bed between the first side structure and the second side structure; wherein the first enclosure assembly and/or the second enclosure assembly comprises: a plurality of doors each movable between an open position that provides access to a respective storage compartment of the plurality of storage compartments and a closed position that prevents access to the respective storage compartment; at least one hidden hinge positioned within one or more of the storage compartments and coupled with a respective door of the plurality of doors to pivot the respective door between the open position and the closed position; a plurality of door flanges each surrounding an opening for a respective storage compartment of the plurality of storage compartments, wherein at least a portion of the plurality of door flanges include: (i) a longitudinally-extending channel dimensioned to receive a mounting portion of the at least one hidden hinge; and (ii) a rim configured to receive a seals wherein at least two hidden hinges are entirely positioned within one of the plurality of storage compartments; wherein each of the at least two hidden hinges include a planar portion mounted to a door of the plurality of doors and are pivotally attached to one or more mounting portions, wherein the one or more mounting portions include a flat side that abuts the longitudinally-extending channel; and wherein the one or more mounting portions of each of the at least two hidden hinges and the longitudinally-extending channel are coaxial with each other.
Claim 2. The truck body of claim 1, wherein at least a portion of the one or more door flanges include a rim configured to receive a seal, wherein a longitudinal axis of the rim extends along a substantially parallel plane as a longitudinal axis of the longitudinally-extending channel.
Claim 2. The truck body of claim 1, wherein a longitudinal axis of the rim extends along a substantially parallel plane as a longitudinal axis of the longitudinally-extending channel.
Claim 3. The truck body of claim 2, wherein the longitudinal axis of the rim extends along a plane that is laterally offset from the plane along which the longitudinal axis of the longitudinally-extending channel extends.
Claim 3. The truck body of claim 2, wherein the longitudinal axis of the rim extends along a plane that is laterally offset from the plane along which the longitudinal axis of the longitudinally- extending channel extends.
Claim 4. The truck body of claim 3, wherein the rim includes an arcuate portion with a curvature corresponding to a radiused corner of the respective door.
Claim 4. The truck body of claim 3, wherein the rim includes an arcuate portion with a curvature corresponding to a radiused corner of the respective door.
Claim 5. The truck body of claim 1, wherein the rim is spaced apart from a perimeter of the respective door and the seal received by the rim prevents water from penetrating the respective storage compartment.
Claim 5. The truck body of claim 1, wherein the rim is spaced apart from a perimeter of the respective door and the seal received by the rim prevents water from penetrating the respective storage compartment.
Claim 6. The truck body of claim 1, wherein the rim extends longitudinally along substantially a parallel plane with a longitudinal axis of the respective door.
Claim 6. The truck body of claim 1, wherein the rim extends longitudinally along substantially a parallel plane with a longitudinal axis of the respective door.
Claim 7. The truck body of claim 1, wherein a longitudinal axis of the rim extends along a substantially parallel plane as a longitudinal axis of the longitudinally-extending channel, but extends along a plane that is laterally offset from a plane along which the longitudinally-extending channel extends.
Claim 7. The truck body of claim 1, wherein a longitudinal axis of the rim extends along a substantially parallel plane as a longitudinal axis of the longitudinally-extending channel, but extends along a plane that is laterally offset from a plane along which the longitudinally-extending channel extends.
Claim 8. The truck body of claim 1, wherein the longitudinally-extending channel is mounted within the respective storage compartment.
Claim 8. The truck body of claim 1, wherein the longitudinally-extending channel is mounted within the respective storage compartment.
Claim 9. The truck body of claim 1, wherein the seal comprises a push-on bulb seal mounted to the rim.
Claim 9. The truck body of claim 1, wherein the seal comprises a push-on bulb seal mounted to the rim.
Claim 10. The truck body of claim 1, wherein the first enclosure assembly and/or the second enclosure assembly includes a left wall, a front wall, and a right wall formed from a single sheet of aluminum.
Claim 10. The truck body of claim 1, wherein the first enclosure assembly and/or the second enclosure assembly includes a left wall, a front wall, and a right wall formed from a single sheet of aluminum.
Claim 11. The truck body of claim 10, wherein the front wall defines openings for accessing each of the one or more storage compartments.
Claim 11. The truck body of claim 10, wherein the front wall defines openings for accessing each of the plurality of storage compartments.
Claim 12. The truck body of claim 11, wherein the one or more storage compartments comprises a first storage compartment, a second storage compartment, and a third storage compartment, wherein second storage compartment is between the first storage compartment and the third storage compartment.
Claim 12. The truck body of claim 11, wherein the plurality of storage compartments comprises a first storage compartment, a second storage compartment, and a third storage compartment, wherein second storage compartment is between the first storage compartment and the third storage compartment.
Claim 13. The truck body of claim 12, wherein doors corresponding to the first storage compartment and the third storage compartment pivot about a vertical axis and a door corresponding to the second storage compartment pivots about a horizontal axis.
Claim 13. The truck body of claim 12, wherein doors corresponding to the first storage compartment and the third storage compartment pivot about a vertical axis and a door corresponding to the second storage compartment pivots about a horizontal axis.
Claim 14. An enclosure assembly for a truck service body, the enclosure assembly comprising: an enclosure assembly defining one or more storage compartments; one or more doors each movable between an open position that provides access to a respective storage compartment of the one or more storage compartments and a closed position that prevents access to the respective storage compartment; at least two hidden hinges positioned entirely within one or more storage compartments and coupled with a respective door of the one or more doors to pivot the respective door between the open position and the closed position, wherein each of the at least two hidden hinges include a planar portion mounted to a door of the one or more doors and are pivotally attached to one or more mounting portions; and one or more door flanges each surrounding an opening for a respective storage compartment of the one or more storage compartments, wherein at least a portion of the one or more door flanges include a channel dimensioned to receive a mounting portion of the at least two hidden hinges, wherein each of the at least two hidden hinges include a planar portion mounted to a door of the one or more doors and are pivotally attached to one or more mounting portions, wherein the one or more mounting portions include a side that abuts the longitudinally-extending channel, and wherein the one or more mounting portions of each of the at least two hidden hinges and the longitudinally-extending channel are coaxial with each other.
Claim 14. An enclosure assembly for a truck service body, the enclosure assembly comprising: an enclosure assembly defining a plurality of storage compartments; a plurality of doors each movable between an open position that provides access to a respective storage compartment of the plurality of storage compartments and a closed position that prevents access to the respective storage compartment; at least one hidden hinge positioned within one or more storage compartments and coupled with a respective door of the plurality of doors to pivot the respective door between the open position and the closed position; a plurality of door flanges each surrounding an opening for a respective storage compartment of the plurality of storage compartments, wherein at least a portion of the plurality of door flanges include: (i) a channel dimensioned to receive a mounting portion of the at least one hidden hinge; and (ii) a rim extending from the channel and configured to receive a seal; wherein at least two hidden hinges are entirely positioned within one of the plurality of storage compartments; wherein each of the at least two hidden hinges include a planar portion mounted to a door of the plurality of doors and are pivotally attached to one or more mounting portions, wherein the one or more mounting portions include a flat side that abuts the longitudinally-extending channel: and wherein the one or more mounting portions of each of the at least two hidden hinges and the longitudinally-extending channel are coaxial with each other.
Claim 15. The enclosure assembly of claim 14, wherein at least a portion of the one or more door flanges include a rim extending from the channel and configured to receive a seal, wherein a longitudinal axis of the rim extends along a substantially parallel plane as a longitudinal axis of the channel.
Claim 15. The enclosure assembly of claim 14, wherein a longitudinal axis of the rim extends along a substantially parallel plane as a longitudinal axis of the channel.
Claim 16. The enclosure assembly of claim 15, wherein the longitudinal axis of the rim extends along a plane that is laterally offset from the plane along which the longitudinal axis of the channel extends
Claim 16. The enclosure assembly of claim 15, wherein the longitudinal axis of the rim extends along a plane that is laterally offset from the plane along which the longitudinal axis of the channel extends.
Claim 17. The enclosure assembly of claim 16, wherein the rim includes an arcuate portion corresponding to a radiused corner of the respective door and the seal extends substantially in an uninterrupted manner around the arcuate portion.
Claim 17. The enclosure assembly of claim 16, wherein the rim includes an arcuate portion corresponding to a radiused corner of the respective door and the seal extends substantially in an uninterrupted manner around the arcuate portion.
Claim 18. The enclosure assembly of claim 14, wherein the enclosure assembly includes a left wall, a front wall, and a right wall formed from a single sheet of aluminum, and wherein the front wall defines openings for accessing each of the one or more storage compartments.
Claim 18. The enclosure assembly of claim 14, wherein the enclosure assembly includes a left wall, a front wall. and a right wall formed from a single sheet of aluminum, and wherein the front wall defines openings for accessing each of the plurality of storage compartments.
Claim 19. The enclosure assembly of claim 18, wherein the one or more storage compartments comprises a first storage compartment, a second storage compartment, and a third storage compartment, wherein second storage compartment is between the first storage compartment and the third storage compartment, and wherein doors corresponding to the first storage compartment and the third storage compartment pivot about a vertical axis and a door corresponding to the second storage compartment pivots about a horizontal axis.
Claim 19. The enclosure assembly of claim 18, wherein the plurality of storage compartments comprises a first storage compartment, a second storage compartment, and a third storage compartment, wherein second storage compartment is between the first storage compartment and the third storage compartment, and wherein doors corresponding to the first storage compartment and the third storage compartment pivot about a vertical axis and a door corresponding to the second storage compartment pivots about a horizontal axis.
Comments Regarding the Prior Art
This office action includes no rejection of the claims based upon prior art. Specifically, the recitations in claims 1 and 14 of an enclosure assembly with a storage compartment having an associated door and hidden hinges positioned entirely within the storage compartment when the door is in a closed position, where the hinges have a planar portion and a mounting portion and where there are door flanges surrounding an opening of the storage compartment that include a longitudinally extending channel dimensioned to receive the mounting portion, there the mounting portion has a side that abuts the channel and where the mounting portion and the channel have directions of extent that are parallel is not taught nor fairly suggested by the prior art of record. Specifically, McKiney et al. US 2019/0100253 disclose an enclosure assembly with doors 1(Fig. 1) associated with storage compartments 3 (Fig. 1) and hidden hinges 2(Fig. 1). However, McKinney et al. lack door flanges surrounding an opening of the storage compartment that include a longitudinally extending channel dimensioned to receive the mounting portion of a hidden hinge where the mounting portion and the channel have directions of extent that are parallel. In addition, Finley US 6,131,981 discloses an enclosure assembly for a vehicle with storage compartments selectively closed by doors and also lacks the hidden hinge channel feature recited in claims 1 and 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Steele et al. 10,513,228 disclose a vehicle enclosure assembly or sidepack cabinet arrangement with storage compartments having doors. See Fig. 1A.
Long et al. US 6,098,992 disclose vehicle side compartment seals. See Fig. 2.
Boyer et al. US 6,976,290 disclose a hidden hinge for a utility vehicle. See Fig. 3.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612