DETAILED ACTION
This Final Office Action is in response to the amendment and / or remarks filed on September 09, 2025. Claims 1 & 6 are pending and currently being examined.
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.
Claim(s) 1 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 11,235,828 B2) to Chaung.
Regarding claim 1, Chaung discloses an inclined assembly structure (10 or 10A) for the loading rear carrier (See Figures 1, 2 & 16), comprising the rear carrier body (32), wherein two support rods (i.e. Rear Slope Angled Left & Right Support Rods of (30) in Figures 1 & 2) inclined and bent to below the rear carrier body (32) are fixed to positions (See Figures 1 & 2), close to front and rear side edges, of the bottom of the rear carrier body (32), and the two support rods (i.e. Rear Slope Angled Left & Right Support Rods of (30) in Figures 1 & 2) located on one side of the rear carrier body (32) form a group (See Figures 1 & 2); the connecting plate (31 & 33) is fixed between ends of each group of the two support rods (i.e. Rear Slope Angled Left & Right Support Rods of (30) in Figures 1 & 2); and two connecting plates (31 & 33) are inclined (i.e. End Portions of (31 & 33) in Figures 1 & 2) relative to the rear carrier body (32), and two kidney slots (i.e. Kidney Slots of (31 & 33) in Figures 1 & 2) are formed in the top of each of the two connecting plates (31 & 33) (See Figures 1 & 2);
wherein the frame (27) is arranged below the rear carrier body (32); and two butt plates (21 & 24) mutually attached to the two connecting plates (31 & 33) are inclined and fixed to one side end of the frame (27) (See Figures 1, 2, 3, 3A, 3B & 4);
threaded holes (i.e. Threaded Holes of (21 & 24) in Figure 2) are formed in the top of each of the two butt plates (21 & 24), and the connecting head (22 & 25) is fixed to one side end of each of the two butt plates (21 & 24) (See Figures 1 & 2);
the bayonet (222, 225, 252 & 255) is formed in the other side end of each of the two connecting head (22 & 25), and the two threaded holes (i.e. Threaded Holes of (21 & 24) in Figure 2) are correspondingly opposite to two kidney slots (i.e. Kidney Slots of (31 & 33) in Figure 2);
an interior of each of the two kidney slots (i.e. Kidney Slots of (31 & 33) in Figures 1 & 2) is provided with an inclined locking bolt (i.e. Bolt fastening (33/24) & (31/21) together in Figures 3, 3A, 3B & 4), and ends of two inclined locking bolts correspondingly extend to an interior of each of the threaded holes (i.e. Threaded Holes of (21 & 24) in Figure 2) (See Figure 3).
However, Chuang does not explicitly disclose four threaded holes opposite four kidney slots.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make four threaded holes opposite four kidney slots, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
However, Chuang does not explicitly disclose four kidney slots and four inclined locking bolts.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make four kidney slots and four inclined locking bolts, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 11,235,828 B2) to Chuang in view of (U.S. Patent Number 10,689,050 B2) to Getchell and (U.S. Patent Number 4,439,009) to Niemann.
Regarding claim 6, Chuang lacks and does not explicitly disclose wherein the fixed plate fixed to one side end of the rear carrier body, the mounting plate is fixed to one side end of the fixed plate, and the reflective plate installed on the mounting plate.
Getchell teaches the mounting plate (4) fixed to one side end of the fixed plate (3) (See Figures 4 & 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the mounting plate fixed to one side end of the fixed plate as taught by Getchell with the inclined assembly structure of Chuang because the motivation only requires a simple substitution equivalent of one known load rear carrier configuration for another to obtain predictable results.
However, Chuang lacks and does not explicitly disclose the reflective plate is installed on the mounting plate.
Niemann teaches the reflective plate (13) is installed on the mounting plate (14, 17A & 17B) (See Figures 1, 3 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the reflective plate is installed on the mounting plate as taught by Niemann with the inclined assembly structure of Chuang because the motivation only requires a simple substitution equivalent of one known load rear carrier configuration for another to obtain predictable results.
Response to Arguments
Applicant's arguments filed on September 09, 2025 have been fully considered but they are not persuasive.
Applicant argues, there is only a single connection point on one side, the load-bearing capacity at the joint is relatively low. When transporting heavy goods, this easily leads to damage at the connection portion.
In contrast, according to the technical solution of Claims 4 & 5 of the present application, by having the connecting plate and the butt plate abut each other, and by arranging all four threaded holes to correspond to the four kidney slots, after installing the rear rack body, inclined locking bolts at the positions corresponding to the four kidney slots can be quickly installed. This ensures a more reliable installation and thereby avoids damage at the joint during the transportation of heavy goods.
D1-D3 has NOT disclosed or suggested the technical solution of the amended Claim 1. According to the amended Claim 1, by having the connecting plate and the butt plate abut each other, and arranging all four threaded holes to correspond to the four kidney slots, the inclined locking bolts at the positions corresponding to the four kidney slots can be quickly installed when the rear rack body is mounted. This ensures a more reliable installation and thus avoids damage at the joint during transportation of heavy goods.
Examiner disagrees, in response to applicant’s argument, in this illustration, Chuang ‘828 discloses the connection point on each side of the inclined assembly structure that is indeed capable of reliable installation and being sufficient to accommodate the load-bearing capacity.
Chuang ‘828 teaches the two threaded holes (i.e. Threaded Holes of (21 & 24) in Figure 2) are correspondingly opposite to two kidney slots (i.e. Kidney Slots of (31 & 33) in Figure 2); and an interior of each of the two kidney slots (i.e. Kidney Slots of (31 & 33) in Figures 1 & 2) is provided with an inclined locking bolt (i.e. Bolt fastening (33/24) & (31/21) together in Figures 3, 3A, 3B & 4), and ends of two inclined locking bolts correspondingly extend to an interior of each of the threaded holes (i.e. Threaded Holes of (21 & 24) in Figure 2) (See Figure 3).
In addition, Chuang ‘828 recites: “Although specific embodiments have been illustrated and described, numerous modifications and variations are still possible without departing from the scope of the invention (See Column 7, lines 31 – 33).
With the numerous modifications and variations that are still possible without departing form the scope of the invention, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make four threaded holes opposite four kidney slots, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8, and it would have also been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make four kidney slots and four inclined locking bolts, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Lastly, increasing from two threaded holes to four threaded holes; increasing from two kidney slots to four kidney slots; and increasing from two inclined locking bolts to four inclined locking bolts are within the numerous modifications and variations that are possible without departing from the scope of the invention and may possibly accommodate heavier loads.
Therefore, based on the broadest reasonable interpretation, Chuang ‘828 meets and satisfies the structural limitations as set forth in Claim 1; and the rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Publication Number 2012 / 0061434 A1) to Giguere et al., teaches an inclined assembly structure (100) for the loading rear carrier (See Figures 1 & 1B), comprising the rear carrier body (104), wherein two support rods (112 & 114) inclined and bent to below the rear carrier body (104) are fixed to positions, close to front and rear side edges, of the bottom of the rear carrier body (104), and the two support rods (112 & 114) located on one side of the rear carrier body (104) form a group; the connecting plate (i.e. Left & Right (106) in Figure 1A) is fixed between ends of each group of the two support rods (112 & 114); and two connecting plates (i.e. Left & Right (106) in Figure 1A) are inclined relative to the rear carrier body (104) (See Figure 1A).
(U.S. Patent Number 5,244,132) to Christen teaches discloses an inclined assembly structure (11) for the loading rear carrier (See Figures 1, 2 & 3), comprising the rear carrier body (13), wherein two support rods (15 & 16) inclined and bent to below the rear carrier body (13) are fixed to positions, close to front and rear side edges, of the bottom of the rear carrier body (13), and the two support rods (15 & 16) located on one side of the rear carrier body (13) form a group; the connecting plate (17 & 18) is fixed between ends of each group of the two support rods (15 & 16); and two connecting plates (17 & 18) are inclined (i.e. Distal End Portion of (17 & 18) in Figure 3) relative to the rear carrier body (13), and two kidney slots (i.e. Screw Fastener Slots adjacent (33, 34, 35 & 36) in Figure 6) are formed in the side of each of the two connecting plates (17 & 18) (See Figure 3).
THIS ACTION IS MADE FINAL. 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 LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734