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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thelen et al. US 20070267885 A1 in view of Burger US 6347731 B1.
Regarding claims 1 and 9, Thelen et al. US 20070267885 A1 discloses a vehicle (motorized vehicle 12 in paragraph [0016] as shown in Figure 1) comprising: a vehicle body (as shown in Figure 1) including a truck bed (truck bed 14 in paragraph [0016] as shown in Figure 1) at least partially defined by a floor (as shown in Figure 1), a forward wall (as shown in Figure 1), sidewalls
(16 in paragraph [0016] as shown in Figure 1), and a tailgate (inherent the truck bed 14 as shown in Figure 1 would have a tailgate attached to the side walls 16); and a vertical storage module (storage module 10 in paragraph [0016] as shown in Figure 2c) disposed in the open inner area (compartment 20 can be positioned anywhere in the fender outside of the vehicle wheel well in paragraph [0017] as shown in Figure 2c) and including a shell (the compartment 20 can be formed of molded plastic in paragraph [0018] as shown in Figure 2c) defining an inner storage area (the compartment 20 forms the interior boundaries of the storage area and holds the items that are to be stowed in the storage module in paragraph [0018] as shown in Figure 2c), and a door (door 22 in paragraph [0020] as shown in Figure 2c) rotatably coupled to the shell (compartment 20 as shown in Figure 2c) to selectively enclose the inner storage area (compartment 20 as shown in Figure 2c) (claim 1); and wherein the door
(door 22 in paragraph [0020] as shown in Figure 2c) is rotatably coupled to the shell (compartment 20 as shown in Figure 2c) via one or more hinges (hinge in paragraph [0023] and see claim 2) (claim 9).
However, Thelen et al. does not show a pair of outboard support bars each coupled to and extending over one sidewall, wherein a vertical inner open area is defined between the support bar and the sidewall (claim 1).
Burger teaches a pair of outboard support bars (side frame assembly 8 as shown in Figure 1) each coupled to (side frame assembly 8 would be fastened at each end to the end frame assemblies 10 as shown in Figure 1) and extending over one sidewall (sides 4 of a pickup truck 6 as shown in Figure 1), wherein a vertical inner open area (as shown in Figure 1) is defined between the support bar (side frame assembly 8 as shown in Figure 1) and the sidewall (sides 4 of a pickup truck 6 as shown in Figure 1).
Regarding claim 1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the vehicle of Thelen et al. with a pair of outboard support bars each coupled to and extending over one sidewall, wherein a vertical inner open area is defined between the support bar and the sidewall, as taught by Burger, with a reasonable expectation of success in order to provide a collapsible truck bed rack.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thelen et al. US 20070267885 A1 in view of Burger US 6347731 B1 as applied to claim 9 above, and further in view of Cheney US 5299722 A.
Regarding claim 10, Thelen et al., as modified, discloses the vehicle (motorized vehicle 12 in paragraph [0016] as shown in Figure 1) of claim 9 but does not show wherein the vertical storage module further includes at least one gas strut coupled to the door.
Cheney teaches supporting the lower lid 22 in its open attitude, as shown best in FIG. 3, at least one ram 35, but preferable a pair, are fitted between the lower lid under surface and box, one each adjacent to each lower lid end. Shown in FIG. 3, each ram 35 is connected between the lower lid compartments 27a and 27b, and the box wing sections 13a and 14a, respectively. each ram 35 includes an actuator housing 36 that is pivotally connected on a top end 37 into the lower lid compartment 27a or 27b, and includes an actuator rod 38 extending outwardly from the actuator other end. The actuator rod 38, in turn, is pivotally connected across the floor of the wing sections 13a or 14a. Each ram 35 is preferably pneumatic though, it should be understood, it could by hydraulic, and is arranged to provide a resistance to the actuator rod 38 travel as it is pulled out of the actuator body 36 as the lower lid 22 is lifted. Each ram 35 is for supporting the lower lid in its elevated attitude, as shown in FIG. 3.
Regarding claim 10, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the storage module of Thelen et al., as modified, at least one gas strut coupled to the door, as taught by Burger, with a reasonable expectation of success in order to support the door in the open position.
Allowable Subject Matter
Claims 2-8 and 11-18 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:
Regarding claim 2, wherein the shell includes an upper shell is not taught nor is fairly suggested by the prior art of record.
Claims 3-8 depends from claim 2.
Regarding claim 11, an upper interior door rotatably coupled to the door body and movable between an open position giving access to an upper storage area of the inner storage area, and a closed position that encloses the upper storage area; and a lower interior door rotatably coupled to the door body and movable between an open position giving access to a lower storage area of the inner storage area, and a closed position that encloses the lower storage area is not taught nor is fairly suggested by the prior art of record.
Regarding claim 12, wherein the inner open area defined between the support bar and the sidewall includes an outer profile shape, and wherein the vertical storage module includes an outer profile shape complimentary to the outer profile shape of the inner open area to give the vehicle the appearance of a wall is not taught nor is fairly suggested by the prior art of record.
Regarding claim 13, wherein each support bar includes the rearward end coupled to the sidewall proximate the tailgate is not taught nor is fairly suggested by the prior art of record.
Claims 14-18 depends from claim 13.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20140197653 A1 discloses a collapsible truck rack.
US 20140021232 A1 discloses a storage arrangement (10) has a receptacle (44) formed relative to an exterior panel (34) of the vehicle (14), the receptacle having a rear wall spaced apart from an outer surface of the exterior panel.
US 20060279099 A1 discloses The cargo management system includes a pair of frame assemblies that are supported from siderails secured to the inside walls of the pickup truck bed. Each of the frame assemblies is capable of receiving two removable cargo bins that can be used to hold various smaller cargo items.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is (571)272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612