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 9 and 15 are objected to because of the following informalities: claim 9 ends in a “;” and in claim 15 line 6 it is thought that –to—should be added after “coupled”.
Appropriate correction is required.
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 1-4, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Singer US 2021-0170847 in view of Kramer US 8,322,779.
Regarding claim 1, Singer discloses a vehicle topper (Fig. 6) configured to adjustably couple to an exterior of a vehicle and at least partially enclose (as shown in Fig. 6) an external compartment of the vehicle (as shown in Fig. 6), the vehicle topper comprising: a front assembly including a front, transparent panel (Paragraph [0141], lines 7-12); and a driver side sidewall assembly including a forward component (see Fig. 2 below) and a rearward component (see Fig. 2 below) that, when assembled, form a driver side barrier extending along a driver side length extending aft from the driver side member of the front assembly (Fig. 11 to 13), the forward component and rearward component of the driver side assembly slidably coupled to one another (Fig. 11) such that the driver side length is adjustable.
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However, Singer does not disclose that the front assembly includes a driver side member and a passenger side member that, when assembled, define a window, the driver side member and passenger side member configured to slidably couple to one another such that a width of the front assembly is adjustable, wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes a width of the window of the front assembly.
However, Kramer discloses a front assembly that includes a driver side member (82A, Fig. 14) and a passenger side member (82B, Fig. 14) that, when assembled, define a window, the driver side member and passenger side member configured to slidably couple to one another such that a width of the front assembly is adjustable (84, shown between Fig. 14 to 15), wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes a width of the window of the front assembly (Col. 5, lines 14-16).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed pertains to construct the transparent front assembly of Singer to include a width adjustable window taught by Kramer with a reasonable expectation of success so that the front assembly can fit trucks having different bed widths.
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Regarding claim 2, Singer, as modified by Kramer, discloses fastening at least one of the forward component or the rearward component of the driver side sidewall assembly to the exterior of the vehicle fixes the driver side length of the driver side sidewall assembly (Paragraph [0082]).
Regarding claim 3, Singer discloses a vehicle topper (Fig. 6) configured to adjustably couple to an exterior of a vehicle (as shown in Fig. 11) and at least partially enclose an external compartment, the vehicle topper (as shown in Fig. 6) comprising: a front assembly (Paragraph [0141]) including a sidewall assembly including a forward component and a rearward component that, when assembled, form a side barrier extending along a side length extending aft from the front assembly (Fig. 11 to 13), the forward component and the rearward component of the sidewall assembly slidably coupled to one another such that the side length is adjustable (shown between Fig. 11).
However, Singer does not disclose that the front transparent panel of the front assembly includes a driver side member and a passenger side member configured to be slidably coupled to one another such that a width of the front assembly is adjustable; wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes the width of the front assembly, and wherein fastening at least one of the forward component or rearward component of the side assembly to the exterior of the vehicle fixes the side length of the sidewall assembly.
However, Kramer discloses a front assembly that includes a driver side member (82A, Fig. 14) and a passenger side member (82B, Fig. 14) configured to be slidably coupled to one another such that a width of the front assembly is adjustable (84, shown between Fig. 14 to 15); wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes the width of the front assembly (Col. 5, lines 29-33), and wherein fastening at least one of the forward component or rearward component of the side assembly to the exterior of the vehicle fixes the side length of the sidewall assembly.
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed pertains to construct the transparent front assembly of Singer to include a width adjustable window fastening to the side walls taught by Kramer with a reasonable expectation of success so that the front assembly can connect to the side assembly.
Regarding claim 4, Singer discloses a vehicle topper (Fig. 6) configured to adjustably couple to an exterior of a vehicle (Fig. 11) and at least partially enclose an external compartment of the vehicle (Fig. 6), the vehicle topper comprising: a front assembly (Paragraph [0141]); a driver side sidewall assembly including a forward component (Fig. 2) and a rearward component (Fig. 2) that, when assembled, form a driver side barrier extending along a driver side longitudinal length extending aft from the driver side member of the front assembly (Fig. 11 to 13), the forward component and rearward component of the driver side assembly adjustably coupled to one another such that the driver side longitudinal length is adjustable (Fig. 11); and a passenger side sidewall assembly including a forward component (Fig. 2) and rearward component (Fig. 2) that, when assembled, form a passenger side barrier extending along a passenger side longitudinal length extending aft from the passenger side member of the front assembly (Fig. 11 to 13), the forward component and rearward component of the passenger side sidewall assembly adjustably coupled to one another such that the passenger side longitudinal length is adjustable (Fig. 11).
However, Singer does not disclose including a driver side member and a passenger side member that, at least when assembled, define a window, the driver side member and passenger side member adjustably and releasably connected to one another such that a lateral width of at least one of the window or the front assembly is adjustable.
However, Kramer discloses including a driver side member (82A, Fig. 14) and a passenger side member (82B, Fig. 14) that, at least when assembled, define a window, the driver side member and passenger side member adjustably (84, Fig. 14 to 15) and releasably connected to one another such that a lateral width of at least one of the window or the front assembly is adjustable (Fig. 14).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed pertains to construct the transparent front assembly of Singer to include a width adjustable window taught by Kramer with a reasonable expectation of success so that the front assembly can fit trucks having different bed widths.
Regarding claim 8, Singer discloses a laterally extending rearward upper beam spanning a space between rearward upper ends of the rearward components of the sidewall assemblies (Fig.11).
Regarding claim 13, Singer discloses a roof panel spanning a lateral space between tops of the driver side sidewall assembly and passenger side sidewall assembly (Fig.13).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Singer in view of Kramer, as applied to claim 8 above, and further in view of Hart US 2,720,414.
Regarding claim 9 and 10, Singer, as modified by Kramer, disclose the vehicle topper (Fig. 6) except for the rearward upper beam comprising a driver side section extending laterally from the rearward component of the driver side assembly; and a passenger side section extending laterally from the rearward component of the passenger side assembly and the driver side section and passenger side section are adjustably and releasably connected to one another.
However, Hart discloses the rearward upper beam (Fig. 1) comprising a driver side section extending laterally from the rearward component of the driver side assembly (as shown in Fig. 2); and a passenger side section extending laterally from the rearward component of the passenger side assembly (as shown in Fig. 2) and the driver side section and passenger side section are adjustably and releasably connected to one another (as shown in Fig. 2).
Therefore, it 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 to construct the upper beam of Singer, as modified by Kramer, to include adjustable beams as taught by Hart with a reasonable expectation of success in order for the topper to be used with truck beds of different widths so that the topper is adjustable to compensate for variations in the size of different truck bodies, namely different widths. Motivation provided by Hart in Col 1, lines 25-26.
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Claims 1-4, 8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tyler US 9,937,962 in view of Kramer US 8,322,779.
Regarding claim 1, Tyler discloses a vehicle topper (10, Fig. 1) configured to adjustably couple to an exterior of a vehicle and at least partially enclose an external compartment of the vehicle (Fig. 1), the vehicle topper comprising: a front assembly (70, Fig. 1) including; and a driver side sidewall (20, Fig. 1) assembly including a forward component and a rearward component (72, Fig. 1) that, when assembled, form a driver side barrier extending along a driver side length extending aft from the driver side member of the front assembly (Fig. 3), the forward component and rearward component of the driver side assembly slidably coupled to one another such that the driver side length is adjustable (Fig. 3).
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However, Tyler does not disclose that the front assembly includes a driver side member and a passenger side member that, when assembled, define a window, the driver side member and passenger side member configured to slidably couple to one another such that a width of the front assembly is adjustable, wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes a width of the window of the front assembly.
However, Kramer discloses a front assembly that includes a driver side member (82A, Fig. 14 as shown above) and a passenger side member (82B, as shown above Fig. 14) that, when assembled, define a window, the driver side member and passenger side member configured to slidably couple to one another such that a width of the front assembly is adjustable (84, as shown above Fig. 14 to 15), wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes a width of the window of the front assembly (Col. 5, lines 14-16).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed pertains to construct the front assembly of Tyler to include a width adjustable window taught by Kramer with a reasonable expectation of success so that the front assembly can fit trucks having different bed widths.
Regarding claim 2, Tyler, as modified by Kramer, discloses fastening at least one of the forward component or the rearward component of the driver side sidewall assembly to the exterior of the vehicle fixes the driver side length of the driver side sidewall assembly (Col 2 lines 46-60).
Regarding claim 3, Tyler discloses a vehicle topper (10, Fig. 1) configured to adjustably couple to an exterior of a vehicle and at least partially enclose an external compartment (Fig. 1), the vehicle topper comprising: a front assembly (70, Fig. 1) including a sidewall assembly including a forward component and a rearward component that (Fig. 3), when assembled, form a side barrier extending along a side length extending aft from the front assembly (as shown in Fig. 3), the forward component and the rearward component of the sidewall assembly slidably coupled to one another such that the side length is adjustable (as shown in Fig. 3).
However, Tyler does not disclose that the front panel of the front assembly includes a driver side member and a passenger side member configured to be slidably coupled to one another such that a width of the front assembly is adjustable; wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes the width of the front assembly, and wherein fastening at least one of the forward component or rearward component of the side assembly to the exterior of the vehicle fixes the side length of the sidewall assembly.
However, Kramer discloses a front assembly that includes a driver side member (82A, as shown above Fig. 14) and a passenger side member (82B, as shown above Fig. 14) configured to be slidably coupled to one another such that a width of the front assembly is adjustable (84, as shown above Fig. 14 to 15); wherein fastening at least one of the driver side member or the passenger side member of the front assembly to the exterior of the vehicle fixes the width of the front assembly (Col. 5, lines 29-33), and wherein fastening at least one of the forward component or rearward component of the side assembly to the exterior of the vehicle fixes the side length of the sidewall assembly.
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed pertains to construct the front assembly of Tyler to include a width adjustable window fastening to the side walls taught by Kramer with a reasonable expectation of success so that the front assembly can connect to the side assembly.
Regarding claim 4, Tyler discloses a vehicle topper (10, Fig. 1) configured to adjustably couple to an exterior of a vehicle and at least partially enclose an external compartment (Fig. 1), the vehicle topper comprising: a front assembly (70, Fig. 1) including a driver side sidewall (20, Fig. 1) assembly including a forward component and a rearward component (72, Fig. 1) that, when assembled, form a driver side barrier extending along a driver side longitudinal length extending aft from the driver side member of the front assembly (Fig. 1 and 3), the forward component and rearward component of the driver side assembly adjustably coupled to one another such that the driver side longitudinal length is adjustable (Fig. 1 and 3); and a passenger side sidewall assembly including a forward component and rearward component that, when assembled, form a passenger side barrier extending along a passenger side longitudinal length extending aft from the passenger side member of the front assembly (Fig. 1 and 3), the forward component and rearward component of the passenger side sidewall assembly adjustably coupled to one another such that the passenger side longitudinal length is adjustable (Fig. 3).
However, Tyler does not disclose including a driver side member and a passenger side member that, at least when assembled, define a window, the driver side member and passenger side member adjustably and releasably connected to one another such that a lateral width of at least one of the window or the front assembly is adjustable.
However, Kramer discloses including a driver side member (82A, shown above Fig. 14) and a passenger side member (82B, Fig. 14) that, at least when assembled, define a window, the driver side member and passenger side member adjustably (84, as shown above Fig. 14 to 15) and releasably connected to one another such that a lateral width of at least one of the window or the front assembly is adjustable (Fig. 14).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed pertains to construct the front assembly of Tyler to include a width adjustable window taught by Kramer with a reasonable expectation of success so that the front assembly can fit trucks having different bed widths.
Regarding claim 11, Tyler discloses the forward component of the driver side sidewall assembly comprises a longitudinally extending upper strip (in annotated Fig. 3 below), a longitudinally extending lower strip (in annotated Fig. 3 below), and a wall panel defining a portion of the driver side barrier (in annotated Fig. 3 below); and the forward component of the passenger side sidewall assembly comprises a longitudinally extending upper strip, a longitudinally extending lower strip, and a wall panel defining a portion of the passenger side barrier (in annotated Fig. 3 below).
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Regarding claim 12, Tyler discloses the rearward component of the driver side sidewall assembly comprises: a wall panel defining a portion of the driver side barrier (in annotated Fig. 3 above); and at least one of: a longitudinally extending upper strip adjustably coupled to the upper strip of the forward component of the driver side sidewall assembly (in annotated Fig. 3 above); and a longitudinally extending lower strip adjustably coupled to the lower strip of the forward component of the driver side sidewall assembly (in annotated Fig. 3 above), and the rearward component of the passenger side sidewall assembly comprises: a wall panel defining a portion of the passenger side barrier (in annotated Fig. 3 above); and at least one of: a longitudinally extending upper strip adjustably coupled to the upper strip of the forward component of the passenger side sidewall assembly (in annotated Fig. 3 above); and a longitudinally extending lower strip adjustably coupled to the lower strip of the forward component of the passenger side sidewall assembly (in annotated Fig. 3 above).
Claim 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tyler US 9,937,962 in view of Kramer US 8,322,779 as applied to claim 4 above, and further in view of Heermann US 3,149,878.
Regarding claims 13 and 14, Tyler in view of Kramer does not disclose a roof panel spanning a lateral space between tops of the driver side sidewall assembly and passenger side sidewall assembly and a longitudinally extending center line of the roof panel is higher than respective top edges of the driver side sidewall assembly and passenger side sidewall assembly, to promote stability and rain water run off.
However, Heermann discloses a peripheral frame spaced above the truck sidewalls which supports a roof panel having a longitudinal center line higher than respective top edges (Fig. 1).
Therefore, it 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 to provide the driver side and passenger side sidewall assemblies with a roof panel as taught by Heermann with a reasonable expectation of success to protect contents of the truck bed.
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Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tyler US 9,937,962 in view of Kramer US 8,322,779 as applied to claim 4 above, and further in view of Anderson US 3,595,452.
Regarding claim 15, Tyler in view of Kramer does not disclose a rail assembly spanning a lateral space between tops of the driver side sidewall assembly and passenger side sidewall assembly, the rail assembly comprising: a laterally extending cross beam having a driver side lateral end and an opposite passenger side lateral end; a driver side mounting bracket coupled the driver side lateral end; and a passenger side mounting bracket coupled to the passenger side lateral end.
However, Anderson discloses a rail assembly spanning a lateral space between tops of the driver side sidewall assembly and passenger side sidewall assembly, the rail assembly comprising: a laterally extending cross beam having a driver side lateral end and an opposite passenger side lateral end (13 and 14, Fig. 1); a driver side mounting bracket coupled the driver side lateral end (22, Fig.1); and a passenger side mounting bracket coupled to the passenger side lateral end (Fig. 1).
Therefore, it 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 to provide a lateral mount on top of the driver and passenger side sidewall assemblies to securely carry loads along a secured horizontal frame at an elevated position above the vehicle body which accommodates loads of various widths of the vehicle. (Motivation provided by Anderson in Col. 1 lines 12-16).
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Allowable Subject Matter
Claims 5-7 and 16-20 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: “upper arm and lower arm extension” in claim 5 and “a major rail and minor rail configuration” in claim 16 are not taught in the prior art. For example, Singer and Tyler discloses a vehicle topper assembly however not “upper arm and lower arm extension” in claim 5 and “a major rail and minor rail configuration” in claim 16. It would not be obvious to incorporate “upper arm and lower arm extension” in claim 5 and “a major rail and minor rail configuration” in claim 16. Claims 6 and 7 due to their dependency on claim 5 also contain allowable subject matter. As well as claims 17 through 20 due to their dependency on claim 16 also contain allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alma D Schuster whose telephone number is (571)272-8938. The examiner can normally be reached Mon-Thurs 8:30am-6:30pm and Fri 7am-11am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R 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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/Alma D. Schuster/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612