DETAILED ACTION
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 § 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 1-10, and 12-18 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.
Claim 1 recites the limitation “the removable bumper assembly". There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the previously recited “bumper assembly” is a distinct limitation from the “removable bumper assembly”.
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 (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 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.
Claims 1-3, 7-9, 12, 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cowley (US 2006/0049558 A1).
Re claim 1, Cowley discloses a bumper apparatus (12) comprising: a mounting structure (13) attachable to a surface on a mounting side of the mounting structure; and a bumper assembly (15) slidably and removably engaged with an engagement side of the mounting structure opposite the mounting side; the mounting structure comprising a bumper assembly engagement structure (19) extending longitudinally along the mounting structure, the bumper assembly engagement structure for said slidable engagement with the removeable bumper assembly, the bumper assembly slidable longitudinally along the bumper assembly engagement structure, and the bumper assembly engagement structure substantially retaining the bumper assembly laterally with respect to, and against, the mounting structure, the mounting structure comprising a biasing mechanism retaining structure (28) attached generally to a bottom end of the mounting structure; the removeable bumper assembly comprising: a mount engagement structure (21), a resilient bumper (15) attached to the mount engagement structure, and a biasing mechanism (16), the mount engagement structure for said longitudinal slidable engagement with the bumper assembly engagement structure, the mount engagement structure comprising a biasing mechanism retention structure (24) for retention of the biasing mechanism; wherein, when the removable bumper assembly is longitudinally slidably engaged with the mounting structure, the removeable bumper assembly rests upon the biasing mechanism retaining structure in a neutral position when no unbalanced external force is applied at least partially longitudinally to the bumper assembly; and wherein, when the removeable bumper assembly is acted upon by said unbalanced external force applied at least partially longitudinally to the bumper assembly toward said biasing mechanism retaining structure to move said removeable bumper assembly into a lowered position, the biasing mechanism biases the removeable bumper assembly upward, away from the biasing mechanism retaining structure toward the neutral position of the removeable bumper assembly. (Abstract, Fig. 4-5)
Re claim 2, Cowley discloses wherein the biasing mechanism (16) comprises one or more compression springs.
Re claim 3, Cowley discloses wherein the biasing mechanism comprises one of said one or more compression springs (16).
Re claim 7, Cowley discloses wherein, when: the removable bumper assembly (15) is longitudinally slidably engaged with the mounting structure (13) and the mounting structure is attached to the generally vertical surface, and a load is applied against the resilient bumper (15) toward the generally vertical surface, a force of the applied load is distributed from the mount engagement structure to the mounting structure through at least four points of contact therebetween.
Re claim 8, Cowley discloses wherein the at least four points of contact are generally evenly distributed across a width of the mount engagement structure (21). (Fig. 4-5)
Re claim 9, Cowley discloses wherein, when: the removable bumper assembly (15) is longitudinally slidably engaged with the mounting structure (13) and the mounting structure is attached to the generally vertical surface, and no load is applied against the resilient bumper toward the generally vertical surface, tolerances of the mount engagement structure and the mounting structure are such that the removeable bumper assembly can be slid relative to the mounting structure with no or minimal friction between the mount engagement structure and the mounting structure. (Fig. 4-5)
Re claim 12, Cowley discloses wherein the mounting structure (13) is rightwardly offset, leftwardly offset, or centrally disposed with respect to the slidably engaged removeable bumper assembly (15).
Re claims 21 and 22, Cowley discloses bumper apparatus for engaging a transport vehicle at a loading dock comprising: a mounting structure (13) attachable to a surface, and a bumper assembly (15) slidably and removably engaged with the mounting structure; the mounting structure comprising a bumper assembly engagement structure (19); the bumper assembly comprising: a mount engagement structure for longitudinal slidable engagement with the bumper assembly engagement structure, a resilient bumper (15) attached to the mount engagement structure, and a biasing mechanism (16); wherein, in use: the removeable bumper assembly rests upon a biasing mechanism retaining structure (28) attached generally to a bottom end of the mounting structure, in a neutral position when no unbalanced external force is applied at least partially longitudinally to the bumper assembly; and when the removeable bumper assembly is acted upon by said unbalanced external force applied at least partially longitudinally to the bumper assembly toward the biasing mechanism retaining structure to move the bumper assembly into a lowered position, the biasing mechanism biases the bumper assembly upward, toward the neutral position. (Fig. 4-5)
Claims 1, 7-9, 12, 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vanderveen et al. (GB2558779 A).
Re claim 1, Vanderveen et al. disclose bumper apparatus comprising: a mounting structure (30) attachable to a surface on a mounting side of the mounting structure; and a bumper assembly (10) slidably and removably engaged with an engagement side of the mounting structure opposite the mounting side; the mounting structure comprising a bumper assembly engagement structure (50) extending longitudinally along the mounting structure, the bumper assembly engagement structure for said slidable engagement with the removeable bumper assembly, the bumper assembly slidable longitudinally along the bumper assembly engagement structure, and the bumper assembly engagement structure substantially retaining the bumper assembly laterally with respect to, and against, the mounting structure, the mounting structure comprising a biasing mechanism retaining structure (64) attached generally to a bottom end of the mounting structure; the removeable bumper assembly comprising: a mount engagement structure (38), a resilient bumper (39) attached to the mount engagement structure, and a biasing mechanism (58), the mount engagement structure for said longitudinal slidable engagement with the bumper assembly engagement structure, the mount engagement structure comprising a biasing mechanism retention structure (62, 66) for retention of the biasing mechanism; wherein, when the removable bumper assembly is longitudinally slidably engaged with the mounting structure, the removeable bumper assembly rests upon the biasing mechanism retaining structure in a neutral position when no unbalanced external force is applied at least partially longitudinally to the bumper assembly; and wherein, when the removeable bumper assembly is acted upon by said unbalanced external force applied at least partially longitudinally to the bumper assembly toward said biasing mechanism retaining structure to move said removeable bumper assembly into a lowered position, the biasing mechanism biases the removeable bumper assembly upward, away from the biasing mechanism retaining structure toward the neutral position of the removeable bumper assembly. (Fig. 2-3; Pg. 6, lines 17-29)
Re claim 7, Vanderveen et al. disclose wherein, when: the removable bumper assembly (10) is longitudinally slidably engaged with the mounting structure (30) and the mounting structure is attached to the generally vertical surface, and a load is applied against the resilient bumper toward the generally vertical surface, a force of the applied load is distributed from the mount engagement structure to the mounting structure through at least four points of contact therebetween. (Fig. 2-3)
Re claim 8, Vanderveen et al. disclose wherein the at least four points of contact are generally evenly distributed across a width of the mount engagement structure. (Fig. 2-3)
Re claim 9, Vanderveen et al. disclose wherein, when: the removable bumper assembly (10) is longitudinally slidably engaged with the mounting structure and the mounting structure is attached to the generally vertical surface, and no load is applied against the resilient bumper toward the generally vertical surface, tolerances of the mount engagement structure (38) and the mounting structure (30) are such that the removeable bumper assembly can be slid relative to the mounting structure with no or minimal friction between the mount engagement structure and the mounting structure. (Fig. 2-5)
Re claim 12, Vanderveen et al. disclose wherein the mounting structure (30) is rightwardly offset, leftwardly offset, or centrally disposed with respect to the slidably engaged removeable bumper assembly.
Re claims 21 and 22, Vanderveen et al. disclose bumper apparatus for engaging a transport vehicle at a loading dock comprising: a mounting structure (30) attachable to a surface, and a bumper assembly (10) slidably and removably engaged with the mounting structure; the mounting structure comprising a bumper assembly engagement structure (50); the bumper assembly comprising: a mount engagement structure (38) for longitudinal slidable engagement with the bumper assembly engagement structure, a resilient bumper (39) attached to the mount engagement structure, and a biasing mechanism (58); wherein, in use: the removeable bumper assembly rests upon a biasing mechanism retaining structure (64) attached generally to a bottom end of the mounting structure, in a neutral position when no unbalanced external force is applied at least partially longitudinally to the bumper assembly; and when the removeable bumper assembly is acted upon by said unbalanced external force applied at least partially longitudinally to the bumper assembly toward the biasing mechanism retaining structure to move the bumper assembly into a lowered position, the biasing mechanism biases the bumper assembly upward, toward the neutral position.
Allowable Subject Matter
Claims 4-6, 10, and 13-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hlatko and Kirchhoff teach similar apparatuses.
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/MELANIE TORRES WILLIAMS/
Primary Examiner
Art Unit 3616
MTW
February 20, 2026