CTNF 18/604,048 CTNF 96346 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim 6 is rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Bauer (US 6764121 B1) . Regarding claim 6, Bauer discloses a truck bed extender (10 in Fig. 3) for use in a bed (1 in Fig. 11) of a truck (Fig. 11), the truck bed extender comprising: a divider wall (12 in Fig. 3) that extends in a vehicle lateral direction (Fig. 3, left-right direction) and side extenders (11L and 11R in Fig. 3) on opposite sides of the divider wall that are configured to slidably connect to tie down rails (Fig. 11 and Col. 4 lines 60-65, bed lip on the sidewalls, slidable when the clamp is loosen by the screw 36 in Fig. 10) within a truck bed of the truck, the side extenders pivotally connected to the divider wall (Fig. 3 and 11, by hinges 15) so that the side extenders pivot against the divider wall in a stowed configuration (Fig. 11) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US 6764121 B1) in view of Anderson et al. (US 8550757 B2) . Regarding claim 1, Bauer discloses a truck (Bauer, Fig. 11) comprising: a truck bed (Bauer, 1 in Fig. 11), the truck bed includes a bed deck (Bauer, Fig. 11, bed floor), a first sidewall and a second sidewall (Bauer, 3R and 3L in Fig. 11); and a truck bed extender (Bauer, 10 in Fig. 3) comprising a divider wall (Bauer, 12 in Fig. 3) that extends in a vehicle lateral direction (Bauer, Fig. 3, left-right direction) and side extenders (Bauer, 11L and 11R in Fig. 3) on opposite sides of the divider wall that are configured to slidably connect to tie down rails (Bauer, Fig. 11 and Col. 4 lines 60-65, bed lip on the sidewalls, slidable when the clamp is loosen by the screw 36 in Fig. 10) within the truck bed, the side extenders pivotally connected to the divider wall (Bauer, Fig. 3 and 11, by hinges 15) so that the side extenders pivot against the divider wall in a stowed configuration (Bauer, Fig. 11). Bauer fails to disclose the bed located rearward of a passenger cabin in a vehicle longitudinal direction. Anderson teaches the bed located rearward of a passenger cabin in a vehicle longitudinal direction (Anderson, Fig. 1, bed 100 behind cabin 120). Anderson is considered to be analogous art because it is in the same field of truck bed with tie down rails, divider, and extender as Bauer. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the truck as taught by Bauer to incorporate the teachings of Anderson with a reasonable expectation of success and have a cabin such that the bed is behind the cabin. Doing so provides passenger accommodation space for increased comfort, convenience, and protection. Regarding claim 2, the combination of Bauer in view of Anderson teaches the truck of claim 1 further comprising a first tie down rail (Bauer, Fig. 11, bed side wall lip) extending longitudinally along the first sidewall and a second tie down rail (Bauer, Fig. 11, both walls have bed side wall lips) extending longitudinally along the second sidewall. Regarding claim 3, the combination of Bauer in view of Anderson teaches the truck of claim 2, wherein the side extenders include a first side extender and a second side extender (Bauer, 11L and 11R in Fig. 3), wherein the first side extender includes a first connector (Bauer, clamp assembly of Fig. 10, also shown in Fig. 11) that is configured to slide along the first tie down rail when connected thereto (Bauer, slidable when the clamp is loosen by the screw 36 in Fig. 10). The combination of Bauer in view of Anderson teaches the claimed invention except for a second connector that is configured to slide along the second tie down rail when connected thereto. It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the claimed invention to duplicate a second connector on the other side, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), MPEP 2144.04 VI. Doing so allows the connection between the extender and the bed to be more secured and prevents unintentional separation. Regarding claim 4, the combination of Bauer in view of Anderson teaches the truck of claim 3, wherein the first tie down rail comprises a first slot (Bauer, see annotated Fig. 11, slot where the clamp jaw 30 inserted into), the first connector comprising an anchor body (Bauer, 30 in Fig. 10-11) that is sized to be received within the first slot (Bauer, Fig. 11, since it is received in the bed lip rail/slot). PNG media_image1.png 684 529 media_image1.png Greyscale Figure 1 Annotated Fig. 11 from Bauer Regarding claim 5, the combination of Bauer in view of Anderson teaches the truck of claim 4, wherein the first connector comprises an anchor knob (Anderson, 516 in Fig. 8, also for a clamp assembly) that is operatively connected to the anchor body (after combination) such that turning the anchor knob tightens the anchor body against the first tie down rail (Anderson, Col. 5 lines 9-10, 516 is a threaded knob that can be used for tightening) at a desired location (Bauer, Fig. 11, or other locations along the rail). Anderson is considered to be analogous art because it is in the same field of truck bed with tie down rails, divider, extender, and clamp as Bauer. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the truck as taught by Bauer to incorporate the teachings of Anderson with a reasonable expectation of success and have an anchor knob. Doing so allows users to tightening/loosening without separate tools, as opposed to the screws disclosed by Bauer . 07-21-aia AIA Claim s 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bauer . Regarding claim 7, Bauer discloses the truck bed extender of claim 6, wherein the side extenders include a first side extender and a second side extender (Bauer, 11L and 11R in Fig. 3), wherein the first side extender includes a first connector (Bauer, clamp assembly of Fig. 10, also shown in Fig. 11) that is configured to slide along a first tie down rail when connected thereto (Bauer, slidable when the clamp is loosen by the screw 36 in Fig. 10). Bauer discloses the claimed invention except for a second connector that is configured to slide along the second tie down rail when connected thereto. It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the claimed invention to duplicate a second connector on the other side, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), MPEP 2144.04 VI. Doing so allows the connection between the extender and the bed to be more secured and prevents unintentional separation. Regarding claim 8, Bauer discloses the truck of claim 7, wherein the first tie down rail comprises a first slot (Bauer, see annotated Fig. 11, slot where the clamp jaw 30 inserted into), the first connector comprising an anchor body (Bauer, 30 in Fig. 10-11) that is sized to be received within the first slot (Bauer, Fig. 11, since it is received in the bed lip rail/slot) . 07-22-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bauer as applied to claim 8 above, and further in view of Anderson et al. (US 8550757 B2) . Regarding claim 9, Bauer discloses the truck bed extender of claim 8, but fails to disclose an anchor knob that is operatively connected to the anchor body such that turning the anchor knob tightens the anchor body against the first tie down rail. Anderson teaches an anchor knob (Anderson, 516 in Fig. 8, also for a clamp assembly) that is operatively connected to the anchor body (after combination) such that turning the anchor knob tightens the anchor body against the first tie down rail (Anderson, Col. 5 lines 9-10, 516 is a threaded knob that can be used for tightening). Anderson is considered to be analogous art because it is in the same field of truck bed with tie down rails, divider, extender, and clamp as Bauer. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the truck as taught by Bauer to incorporate the teachings of Anderson with a reasonable expectation of success and have an anchor knob. Doing so allows users to tightening/loosening without separate tools, as opposed to the screws disclosed by Bauer . 07-21-aia AIA Claim s 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US 6764121 B1) in view of Wood et al. (US 20090074532 A1) . Regarding claim 10, the combination of Bauer in view of Wood teaches a device that performs the function disclosed in the method claim 10 when used in normal and usual operation. Bauer discloses stowing a truck bed extender (Bauer, 10 in Fig. 3) within a truck bed (Bauer, 1 in Fig. 11) of a truck (Bauer, Fig. 11), detaching a connector of the truck bed extender (Bauer, Fig. 11, detach connector/clamp of Fig. 10 so that the extender is in position of Fig. 11; connector can be the clamp assembly of Fig. 10 as described in Col. 5 lines 33-35) from a tie down rail (Bauer, Fig. 11 and Col. 4 lines 60-65, bed lip on the sidewalls) that extends along a sidewall (Bauer, 3R/3L in Fig. 11) of the truck bed, the truck bed extender comprising a divider wall (Bauer, 12 in Fig. 3) that extends in a vehicle lateral direction (Bauer, Fig. 3, left-right direction) and side extenders (Bauer, 11L and 11R in Fig. 3) on opposite sides of the divider wall that are configured to slidably connect to tie down rails (Bauer, Fig. 11 and Col. 4 lines 60-65, bed lip on the sidewalls, slidable when the clamp is loosen by the screw 36 in Fig. 10) within the truck bed, the side extenders pivotally connected to the divider wall (Bauer, Fig. 3 and 11, by hinges 15) so that the side extenders pivot against the divider wall in a stowed configuration (Bauer, Fig. 11); and rotating the side extenders relative to the divider wall (Bauer, Fig. 11, side extenders rotatable by hinges 15, which is shown in Fig. 3 as well) such that the side extenders extend alongside the divider wall. Bauer fails to disclose rotating the truck bed extender such that the divider wall is adjacent a front wall of the truck bed. Wood teaches rotating the truck bed extender such that the divider wall is adjacent a front wall of the truck bed (Wood, Fig. 7, adjacent front wall 20; truck bed extender is rotated since the extender 18 is facing rearward). Wood is considered to be analogous art because it is in the same field of truck bed with rails, divider, and extender as Bauer. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the truck as taught by Bauer to incorporate the teachings of Wood with a reasonable expectation of success and rotating the truck bed extender such that the divider wall is adjacent a front wall of the truck bed. Doing so frees up a greater space in the truck bed when the bed extender is not needed for large items that fit within the bed. Regarding claim 11, the combination of Bauer in view of Wood teaches method of claim 10 further comprising lifting the truck bed extender (Wood, paragraph 26) such that the divider wall is above wheel wells (Bauer, Fig. 3 and 11 shows the wheel wells; bed extender would have to be lifted above the wheel wells in order to change from the extender position to be adjacent the front wall) extending into the truck bed. Wood is considered to be analogous art because it is in the same field of truck bed with rails, divider, and extender as Bauer. It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the truck as taught by Bauer to incorporate the teachings of Wood with a reasonable expectation of success and allows lifting. Doing so lets the user to move the extender between multiple desired location as desired and creates a versatile product. Regarding claim 12, the combination of Bauer in view of Wood teaches method of claim 11 further comprising inserting the connector (Bauer, clamp assembly of Fig. 10, also shown in Fig. 11) into a slot (Bauer, see annotated Fig. 11, slot where the clamp jaw 30 inserted into) extending along the tie down rail. Regarding claim 13, the combination of Bauer in view of Wood teaches method of claim 12 further comprising locking (Bauer, Col. 4 line 65 – Col. 5 line 1, by tightening the clamp jaws) the connector within the slot at a desired location (Bauer, Fig. 11 location, or other locations along the rail) along a length of the tie down rail . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references that are not relied upon all disclose truck bed extenders . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wenwei Zhuo whose telephone number is (571)272-5564. The examiner can normally be reached Monday through Friday 8 a.m. - 4 p.m. EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WENWEI ZHUO/Examiner, Art Unit 3612 Application/Control Number: 18/604,048 Page 2 Art Unit: 3612 Application/Control Number: 18/604,048 Page 3 Art Unit: 3612 Application/Control Number: 18/604,048 Page 4 Art Unit: 3612 Application/Control Number: 18/604,048 Page 5 Art Unit: 3612 Application/Control Number: 18/604,048 Page 6 Art Unit: 3612 Application/Control Number: 18/604,048 Page 7 Art Unit: 3612 Application/Control Number: 18/604,048 Page 8 Art Unit: 3612 Application/Control Number: 18/604,048 Page 9 Art Unit: 3612 Application/Control Number: 18/604,048 Page 10 Art Unit: 3612
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