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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
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. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 18/179239, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. At least claims 5 and 17-18 include subject matter not present or supported in the prior application including the slidable base member includes a removable panel, which was newly added with the embodiment of FIG.8. For the purposes of treating these claims on the merits, the effective filing date will be 10/30/23.
Drawings
The drawings were received on 9/14/25. These drawings are acceptable.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the removable panel coupled via one or more quick release mechanisms of claim 5; the vertical surface forming a barrier with a front wall extending upward of claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. For claim 8, FIG.7D does not show a barrier as recited.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 10 and 16 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 pre-AIA the applicant regards as the invention.
Claim 10 recites the opening is positioned to be covered by a rear door. It is unclear if the rear door is meant to be positively recited as a feature of the system. Claim 10 is inconsistent in its language where the preamble sets forth that the claim is directed to a subcombination and the recitation of a rear door covering the opening, thereby making the scope of the claim indefinite and unclear. Applicant is required to clarify what subject matter the claim is intended to be drawn to, i.e., combination or subcombination, and to amend the language of the claim to be consistent with this intent. If the opening is ‘capable of’ being positioned or ‘configured to be’ positioned applicant should make this known in the next response.
In claim 16, there is an inconsistency between the language in the preamble which sets forth that the claim is directed to a subcombination and the recitation that the storage system is mounted in the storage area of the vehicle, thereby making the scope of the claim indefinite and unclear. Applicant is required to clarify what subject matter the claim is intended to be drawn to, i.e., combination or subcombination, and to amend the language of the claim to be consistent with this intent.
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 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.
(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 1-3, 6, 8, 10, 15, are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Miles (10076188).
For claim 1, Miles discloses a storage system for vehicles comprising:
a slidable base member (drawer 12,112) including a horizontal surface (70) and two or more walls (71,72) coupled with the horizontal surface, the horizontal surface including a front edge, a back edge, a left edge, and a right edge,
the two or more walls (71,72) including a first wall extending upward from the left edge and a second wall extending upward from the right edge, the front edge being located toward a front end of a vehicle when the storage system is mounted to the vehicle, the back edge being located toward a rear end of the vehicle when the storage system is mounted to the vehicle;
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a first bracket (11,111) including
a vehicle-coupling component (24,25; FIG.2) having one or more vehicle mounting points adapted to couple the first bracket to the vehicle and
a slide-coupling component (40, FIG.2) having one or more slide mounting points adapted to couple the first bracket with a drawer slide (see wheels 41,42,43,44/141-144); and
a first drawer slide coupling the first wall of the slidable base member with the first bracket at the one or more slide mounting points of the first bracket (11,111),
the first drawer slide being adapted to support the slidable base member (12,112) while allowing the slidable base member to slide toward the front end of the vehicle and toward the rear end of the vehicle; and
a top member (15,115) that forms a shelf above the slidable base member when the slidable base member is slid toward the front end of the vehicle, the top member being coupled with the first bracket (at 21,22,23,24, or 25), the top member having a top surface (FIG.1),
the top member (15,115) having a front edge located toward the front end of the vehicle, the top member including a wall (19,119) that extends downward from the top surface at the front edge of the top member (the wall 19,119 being secured together with the top member 15,115 via screw threaded fasteners 21,22 and secured to the bracket via fasteners 23,24,25).
For claim 2, the vehicle-coupling component includes a horizontally oriented bottom surface (see bottom flange of L-shaped bracket) that includes the one or more vehicle mounting points adapted to mount to a factory vehicle mounting point on a floor of the vehicle; and
the slide-coupling component includes a vertically oriented surface (see upright flange of L-shaped bracket) extending from the horizontally oriented bottom surface when the first bracket is mounted to the vehicle,
the vertically oriented surface including the one or more slide mounting points to which the first drawer slide (FIG.2) is coupled.
For claim 3, the vertically oriented surface of the first bracket includes one or more top-member mounting points (23) adapted to couple the top member with the first bracket; and
the one or more slide mounting points of the first bracket are located between the one or more top-member mounting points on the vertically oriented surface and the horizontally oriented bottom surface (as seen in FIG.1).
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For claim 6, further comprising: a top member (15) providing a shelf above the slidable base member when the slidable base member is slid toward the front end of the vehicle and providing a gap (FIG.2) between the slidable base member and the top member,
the top member including a horizontal top surface suspended above the slidable base member by being coupled with one or more of the first bracket and the slidable base member.
For claim 8, the top member includes:
a vertical surface (19) extending downward from the horizontal top surface of the top member, the vertical surface forming a barrier (19) with a front wall extending upward from the front edge of the slidable base member.
For claim 10, the top member and the slidable base member form an enclosure between the top member and the slidable base member (FIG.1),
the enclosure including an opening (covered by 74) toward the rear end of the vehicle when the storage system is mounted to the vehicle,
a rear door of the vehicle being capable of covering the opening when the rear door of the vehicle is closed.
For claim 15, the first drawer slide includes a slide lock (“stop means”) that prevents the slidable base member from sliding toward the rear end of the vehicle when the slide lock is locked. The stop means disclosed stop the travel of the slidable base member relative to the side walls or runners at predetermined positions.
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 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 4-5, 10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Miles in view of Peters et al. (2021/0179198).
For claim 4, Miles discloses the top member coupled with the first bracket but shows the storage system where the bracket acts as sides and therefore fails to provide one or more sides as recited.
Peters et al. (2021/0179198) discloses a storage system for vehicles comprising:
a slidable base member (110,120) including
a horizontal surface (FIG.3) and two or more walls coupled with the horizontal surface, the horizontal surface including a front edge, a back edge, a left edge, and a right edge,
the two or more walls including a first wall extending upward from the left edge and a second wall extending upward from the right edge,
the front edge being located toward a front end of a vehicle when the storage system is mounted to the vehicle,
the back edge being located toward a rear end of the vehicle when the storage system is mounted to the vehicle;
a first bracket (part of 50) including
a vehicle-coupling component (the part of 50 which is attached to the main body 10) having one or more vehicle mounting points adapted to couple the first bracket to the vehicle (indirectly through the body 10) and
a slide coupling component (to which C-shaped channels are attached) having one or more slide mounting points adapted to couple the first bracket with a drawer slide;
a first drawer slide (part of 120) coupling the first wall of the slidable base member with the first bracket at the one or more slide mounting points of the first bracket,
the first drawer slide being adapted to support the slidable base member (110) while allowing the slidable base member (110) to slide toward the front end of the vehicle and toward the rear end of the vehicle; and
a top member (10CR, 10CF) that forms a shelf above the slidable base member when the slidable base member is slid toward the front end of the vehicle, the top member being coupled with the first bracket, the top member having a top surface,
the top member having a front edge located toward the front end of the vehicle, the top member including a wall (20) that extends downward from the top surface at the front edge of the top member.
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Peters et al. further teach the top member is coupled with the first bracket (50),
the top member including one or more sides (30,40, FIG. 6) extending downward from the top surface of the top member,
the one or more sides of the top member coupling with the first bracket either directly or indirectly at mounting points,
the vertically oriented surface of the first bracket (part of 50) being located between the first drawer slide (110,120) and a first side (30,40) of the one or more sides of the top member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the storage system of Miles with one or more sides as taught by Peters et al. for use on outer sides of the brackets and attached to the top-member mounting points of Miles in order to strengthen the system.
For claim 5, Peters et al. further teach the top surface of the top member includes at least one removable panel (10CF, 10CR) positioned above at least a portion of the slidable base member and coupled with the top member via one or more quick release mechanisms. (See [0060] which discloses the system allows for quick, tool-free disassembly).
Peters et al. provides the top member provides a gap (FIG.1) between the slidable base member and the top member,
the top member including a horizontal top surface suspended above the slidable base member by being coupled with one or more of the first bracket and the slidable base member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have adapted the storage system of Miles to use instead of threaded screws a system taught by Peters et al. for quick and tool-free disassembly for removing the system when not desired.
For claims 10 and 19, Miles discloses the top member and the slidable base member form an enclosure between the top member and the slidable base member.
Miles provides the enclosure being sealed with a front panel (74,174) as seen for example in FIG. 6. Miles therefore lacks the enclosure having an opening as recited capable of being covered by a rear door of the vehicle.
Peters et al. teach this feature. Specifically, Peters et al. teach an enclosure similar to that of Miles but eliminates a front panel such that the enclosure including an opening toward the rear end of the vehicle when the storage system is mounted to the vehicle, the opening being positioned to be covered by a rear door of the vehicle when the rear door of the vehicle is closed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the enclosure of Miles with an opening as taught by Peters et al. in order to eliminate the need for the front panel. Doing so would provide such advantages as cost, time, and manufacturing savings, and allow for a visual inspection of the contents of the slidable base member and physical access thereto.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Miles as applied above to claim 1 and in view of DE 202021105227 (DE 227).
Please note, as set forth above, the effective filing date for claims 17-18 is 10/30/23.
For claim 17, Miles fails to provide the slidable base member with a removable panel as recited.
DE 227 teaches the use of a base member (102) with a removable panel (108), the removable panel including a portion of the horizontal surface of the base member at a rear edge thereof, the removable panel allowing access underneath the surface in the vehicle.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the slidable base member of Miles with a removable panel as taught by DE 227 in order to allow an occupant access to the space beneath the surface such as that occupied adjacent the crossmembers.
Miles, as modified, lacks the specific placement of the removable panel being at a front edge of the surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the removable panel of Miles, as modified, at a front edge as an obvious modification based on design choice and available space beneath the surface and convenience. A mere change in the placement is generally recognized as being within the level of ordinary skill in the art as it does not alter the functional relationship between the parts or produce an unexpected result.
For claim 18, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the removable panel of Miles, as modified, with a portion of an upstanding front wall because as seen in DE 227, the removable panel is positioned at the edge not spaced inwards therefrom and in order to prevent the upstanding wall of Miles from hindering access to the space beneath the surface.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Miles as applied above to claim 6 above and in view of BR 102016000872 (BR 872).
Miles fails to disclose the back edge of the slidable base member and the top member each include a contour toward the rear end of the vehicle when the storage system is installed in the vehicle, the contour accommodating a shape on an inside of the vehicle.
BR 872 teaches a storage device (16) arranged within a vehicle storage area (12,14) where a back edge of the base member of the device is contoured toward the rear end of the vehicle when installed. The contour (FIG.1) of the base member is capable of accommodating a shape on the inside of the vehicle, the shape being the inverse of the contour.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the slidable base member and top member of the storage system of Miles with a rearwardly facing contour as taught by BR 872 at a rear of the vehicle in order to accommodate a shape on the inside of the vehicle. Doing so would have been an obvious matter of design choice based on the specifications of the specific vehicle into which the storage system is installed and available space within the compartment for other desired components.
Claims 12-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Miles applied to claims 1 and 3 above, in view of one of Loew et al. (5139186).
Miles discloses the first wall of the slidable base member extends upward from the horizontal surface beyond the first drawer slide to a top edge for the first wall and the slidable base member includes a front wall extending upward from the front edge of the horizontal surface.
Miles lacks the top edge of the first wall and the front wall including a row of elongated perforations forming accessory attachment points for attaching accessories to the slidable base member as well as the recited divider wall.
Loew et al. teach the use and desirability of providing perforations for attachment of accessories such as tiedowns and divider walls, where a series of elongated holes (30,130a,b) are provided (FIGS. 1 and 2, below). The divider wall (FIG.2) mounted at various positions due to the various locations of the holes (perforations).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided at the top edge of the walls of Miles perforations and a variable mounted divider wall as taught by Loew et al. in order to better secure cargo within the slide base member. Perforations as recited and dividers as seen above are not novel and implementing such features within the drawer of Miles serves to better organize the space and contents therein.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Miles as applied above to claim 1 in view of Zachrich (4305695).
Miles fails to disclose the specific width and depth dimensions claimed.
Zachrich (4305695) teaches a storage system for vehicles comprising:
a slidable base member (22) including a horizontal surface and two or more walls coupled with the horizontal surface, the horizontal surface including a front edge, a back edge, a left edge, and a right edge, the two or more walls including (side walls) a first wall extending upward from the left edge and a second wall extending upward from the right edge, the front edge being located toward a front end of a vehicle when the storage system is mounted to the vehicle, the back edge being located toward a rear end of the vehicle when the storage system is mounted to the vehicle;
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a first bracket (FIG.3) including a vehicle-coupling component (at 71,72) having one or more vehicle mounting points adapted to couple the first bracket to the vehicle and a slide-coupling component (at 51,52) having one or more slide mounting points adapted to couple the first bracket with a first drawer slide. The particulars of the drawer slide do not make up positive limitations of the claim.
For claim 16, a width of the horizontal surface of the slidable base member between the left edge and the right edge is substantially as wide as a storage area of the vehicle, the storage system being mounted in the storage area of the vehicle; and
a depth of the horizontal surface of the slidable base member between the front edge and the back edge is substantially as deep as the storage area of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have modified with width and depth dimensions of the storage system of Miles to span the width and depth of the storage area of a vehicle as taught by Zachrich in order to optimized the usable space to hold more items therein.
Allowable Subject Matter
Claim 9 is 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 primary reason for the indication of allowable subject matter for the claims in this application is the inclusion of the specific top member including a plurality of mounting points allowing the horizontal top surface to be adjusted vertically relative to the slidable base member, in combination with the other elements recited, which is not found in the prior art of record.
Response to Arguments
Applicant’s arguments with respect to claim(s) as amended 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.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the 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. Should you have questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
