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
Claim 37 is objected to because of the following informalities:
Claim 37, line 2, “withing” should be –within--.
Appropriate correction is required.
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.
(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 25, 36, 38-42, and 44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cha et al. (9,174,584).
Cha et al. discloses a vehicle comprising a structural assembly defining at least a portion of a passenger cabin space, a rack assembly (200,220,300,400,600), a rack sleeve (100) coupled to the structural assembly and defining a rack holding space, and a rack repositioning management system (500,540), as shown in Figures 8. The vehicle is a passenger vehicle, as disclosed on lines 56-59 of column 2. Passenger vehicles inherently have a structural assembly defining a passenger cabin space. The rack repositioning management system (500,540) moves the rack assembly (200,220,300,400,600) longitudinally by an extension distance along a longitudinal axis between a first rack assembly position where an expandable portion of the rack assembly (200,220,300,400,600) is positioned inside the rack holding space in a contracted rack assembly configuration, as shown in Figure 1, and a second rack assembly position where the expandable portion of the rack assembly (200,220,300,400,600) is positioned outside the rack holding space in the contracted rack assembly configuration, as shown in Figure 6. A lateral movement of the expandable portion of the rack assembly (200,220,300,400,600) expands the rack assembly by a lateral expansion distance along a latitudinal axis between the second rack assembly position, as shown in Figure 6, and a third rack assembly position where the expandable portion of the rack assembly is positioned outside the rack holding space in a laterally expanded rack assembly configuration, as shown in Figure 8.
In reference to claim 36, the structural assembly comprises a vehicle monocoque and the rack sleeve is part of the monocoque, as shown in Figures 6-8. The process of molding is given little patentable weight since it does not produce a structural feature.
In reference to claim 38, the latitudinal axis is perpendicular to the longitudinal axis, as shown in Figures 6-8.
In reference to claim 39, the rack repositioning management system is configured to vertically move a vertical portion (600) of the expandable portion of the rack assembly (200,220,300,400,600) by a vertical expansion distance along a vertical axis between a third rack assembly position and a fourth rack assembly position, as shown in Figure 7, where the expandable portion of the rack assembly is positioned outside the rack holding space in a vertically expanded rack assembly configuration. While movement of the vertical portion (600) is shown occurring before lateral expansion, the order of operation can be reversed based on the vertical portion (600) being located above the lateral expanding portion (300,400), as shown in Figure 6.
In reference to claim 40, the vertical axis is perpendicular to the longitudinal axis, as shown in Figures 6-8.
In reference to claim 41, the vertical axis is perpendicular to the latitudinal axis, as shown in Figures 6-8.
In reference to claim 42, the latitudinal axis is perpendicular to the longitudinal axis, the vertical axis is perpendicular to the longitudinal axis, and the vertical axis is perpendicular to the latitudinal axis, as shown in Figures 6-8.
In reference to claim 44, the method is shown in Figures 6-8 and discussed above with respect to claim 25.
Claim 43 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fortune et al. (12,330,595).
Fortune et al. discloses a vehicle (V) having a structural assembly including hitch receiver (HR), a rack assembly (24), and a rack repositioning management system (38) for moving the rack assembly with respect to the structural assembly, as shown in Figures 1-17. The rack repositioning system (38) comprises a tube (38) coupled to the structural assembly and defining a hollow passageway (76) extending between a first tube end and a second tube end along an extension axis, as shown in Figures 4 and 5. A rod (50) extends between a rod first end and a second rod end coupled to the rack assembly, as shown in Figures 4 and 8 and disclosed on lines 34-51 of column 5. A portion of the rod (50) extends through the hollow passageway (76) between the first tube end and the second tube end, as shown in Figure 4. An actuator assembly (82,84,86,88,90) is coupled to the first rod end and configured to move the rod (50) along the extension axis, as shown in Figures 4, 16, and 17.
Allowable Subject Matter
Claims 26-35 and 37 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 March 20, 2026