DETAILED ACTION
The following action is in response to application 18/594,738 filed on March 4, 2024.
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 § 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.
Claim(s) 12 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kou (CN213473328U from IDS). With regard to claim 12, Kou teaches a pickup truck comprising: a passenger cabin 10 having a rear wall (back of cockpit); a pickup box 20 having a front wall 21 that is spaced apart from the rear wall of the passenger cabin to form a gap; structure interconnecting the passenger cabin and the pickup box (frame); and an insulating structure 11 secured to the rear wall of the passenger cabin, the insulating structure having an upper portion covering a central portion of the rear wall of the passenger cabin and a lower portion covering a lower portion of the rear wall of the passenger cabin, wherein the insulating structure includes a protrusion (Fig. 3; entire portion extending toward the front wall) extending in a side-to-side direction along a lower portion of the insulating structure, and wherein the protrusion projects outwardly towards a lower portion of the front wall of the pickup box whereby the gap is reduced in size between the protrusion and the lower portion of the front wall of the pickup box. With regard to claim 16, Kou teaches the truck, wherein: the pickup box includes a bed structure having upper and lower sides (Fig. 2); the front wall 21 of the pickup box intersects the lower side of the bed structure at a horizontally-extending lower edge of the front wall of the pickup box (Fig. 1); and at least a portion of the protrusion is horizontally aligned with the lower edge of the front wall (Fig. 1). With regard to claim 17, Kou teaches the truck, wherein: the protrusion includes a flat outer surface (Fig. 3, entire front surface extending toward the front wall); at least a portion of the flat outer surface is disposed above the lower edge of the front wall (Fig. 1). With regard to claim 18, Kou teaches the truck, wherein: the flat outer surface extends along a lower portion of the insulating structure at a constant vertical location (Fig. 1; flat surface is constant in vertical location).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holmstrom (US 20220315132). With regard to claim 12, Holmstrom teaches a pickup truck comprising: a passenger cabin 12 having a rear wall 20; a pickup box 28 having a front wall 24 that is spaced apart from the rear wall of the passenger cabin to form a gap; structure interconnecting the passenger cabin and the pickup box (frame/chassis); and an insulating structure 32 secured to the rear wall of the passenger cabin, the insulating structure having an upper portion 42 covering a central portion of the rear wall of the passenger cabin and a lower portion 52 covering a lower portion of the rear wall of the passenger cabin, wherein the insulating structure includes a protrusion 34 extending in a side-to-side direction along a lower portion of the insulating structure, and wherein the protrusion projects outwardly towards a lower portion of the front wall of the pickup box whereby the gap C is reduced in size between the protrusion and the lower portion of the front wall of the pickup box. With regard to claim 13, Holmstrom teaches the truck, wherein: the rear wall 20 of the passenger cabin has upper and lower edges defining a first height therebetween; the insulating structure 32 has upper and lower edges defining a second height therebetween; and the second height is at least one half of the first height (Fig. 2).
Allowable Subject Matter
Claims 1-11 and 19-20 are allowed.
Claims 14-15 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: the prior art of record fails to show or render obvious the pickup truck as claimed, and particularly including an insulating structure disposed on the upright back wall of the passenger cabin and covering at least a lower portion of the exterior rear side of the upright back wall, the insulating structure comprising first and second outer layers of sound absorbing material and a core disposed between the first and second outer layers of sound absorbing material, wherein at least a portion of the second outer layer faces the exterior rear side of the upright back wall, and the first outer layer faces the front wall of the pickup box, the insulating structure including an upper portion and a protrusion that extends outwardly from the upper portion towards the front wall of the pickup box to reduce a dimension of the gap at the protrusion, wherein at least a portion of the protrusion is horizontally aligned with the lower edge of the front wall of the pickup box, and including the remaining structure of claim 1. Claims 2-11 depend upon claim 1. The present invention also particularly includes the truck wherein: the insulating structure includes outer layers of sound-absorbing material and a core disposed between the outer layers, and including the remaining structure of claim 14. Claim 15 depends upon claim 14. The present invention also particularly includes forming an insulating structure having a foam core disposed between outer layers of sound absorbing material, wherein a first side of the insulating structure is configured to fit against the rear wall of a pickup cab, and a second side of the insulating structure includes a protrusion extending along a lower edge of the insulating structure; and positioning the insulating structure on the rear wall of the pickup cab whereby the protrusion reduces a size of the gap, and including the remaining structure of claim 19. Claim 20 depends upon claim 19. Claim 20 depends upon claim 19.
Please Note: a truck cap is not considered the front wall of a pickup box.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Waldner (US 10093150) has been cited to show a similar pickup truck comprising: a passenger cabin 5, a pickup box 1, an air extractor 100, and an insulating structure 110 comprising foam (Col. 7, line 17).
Byrne (US 11702145) has been cited to show a similar pickup truck comprising: a passenger cabin 14, a pickup box 16, and an insulating structure 42.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
March 16, 2026