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 .
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.
Claim Rejections - 35 USC § 103
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) 1-6, 8-11, 14-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US 2021/0269105) in view of Weiner (US 4,159,844).
Regarding Claim 1, Brown discloses a towable recreational vehicle comprised of a frame having a lower portion 320 affixed to an upper portion 322 (Fig. 3B), said lower portion having continuous lower frame rails extending from a rear terminal end to a front end (Fig. 3B), each said lower frame rail having a top edge and an oppositely located bottom edge, said bottom edges of said lower frame rails defining a primary lower plane to said recreational vehicle; and said upper portion overlaying and extending forward of said front end (Fig. 3B). It does not appear that Brown discloses the use of a lower storage area. Weiner discloses a towable vehicle which includes longitudinal frame rails 52, and a lower storage area 10 affixed to said uninterrupted frame rails 52 and located below said primary lower plane (Fig. 5). Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to use the additional storage of Weiner on the trailer of Brown to increase the storage space of the vehicle without having to re-engineer the robust frame, thereby weakening the system, and additionally allowing the storage area to be added to any existing trailer.
Regarding Claims 2 and 16, said upper portion 322 supports an upper floor 422, said upper floor having an overhanging portion extending rearward beyond said upper portion (Fig. 4; floor extends all the way from the front to rear of the trailer) and overlaying a portion of said lower portion, an upper storage area 424 is located between said top edge of said continuous frame rails and said upper floor (behind doors 432 in Fig. 4).
Regarding Claim 3, the upper storage area 424 extends forward to a lower front wall (see Fig. 4).
Regarding Claims 4, 10 and 17, in the combination of Brown and Weiner, the continuous lower frame rails of Brown would extend between said lower storage area of Weiner and said upper storage area of Brown as the lower is connected to the bottom of the rails.
Regarding Claims 5 and 18, Brown discloses that it is known to include a lower floor affixed to said top edge of said lower frame rails, said lower floor extending from said rear terminal end and terminating at an upper storage area (see Fig. 2; floor ends at front upper storage).
Regarding Claims 6 and 11, Brown discloses the trailer including sidewalls, a roof, a front cap, and a rear wall to form an enclosed living space (Figs. 4-6), and upper and said lower storage areas are accessible from access doors in said sidewalls (Brown, Fig. 3B; Weiner, Fig. 1).
Regarding Claims 8, 14 and 20, Brown further discloses a connecting portion (Fig. 3B; trapezoidal portion between upper and lower) affixed between said lower and upper portions of said frame, a portion of an upper storage area is located between said connecting portion, said upper portion, and said lower portion.
Regarding claim 9, the combination of Brown and Weiner discloses a towable recreational vehicle (Brown) comprised of a frame having a lower portion (Brown; 320) affixed to an upper portion (Brown; 322), said lower portion having continuous lower frame rails extending from a rear terminal end to a front end (Brown; Fig. 3B), each said lower frame rail having a top edge and an oppositely located bottom edge, said bottom edges of said lower frame rails defining a primary lower plane to said recreational vehicle; said upper portion overlaying and extending forward of said front end (Brown; Fig. 3B), said upper portion supports an upper floor, said upper floor having an overhanging portion extending rearward beyond said upper portion and overlaying a portion of said lower portion (Brown; Fig. 4), an upper storage area (Brown; 424) is located between said top edge of said continuous frame rails and said upper floor, said upper storage area extends to a lower front wall (Brown; Fig. 4); and a lower storage area (Weiner; 10) affixed to said uninterrupted frame rails and located below said primary lower plane.
Regarding Claim 15, the combination of Brown and Weiner discloses a towable recreational vehicle comprising: sidewalls, a roof, a front cap, and a rear wall to form an enclosed living space (Brown; Figs. 4-6); a frame having a lower portion (Brown; 320) affixed to an upper portion (brown; 322), said lower portion having continuous lower frame rails extending from a rear terminal end to a front end (Brown; Fig. 3B), each said lower frame rail having a top edge and an oppositely located bottom edge, said bottom edges of said lower frame rails defining a primary lower plane to said recreational vehicle; said upper portion overlaying and extending forward of said front end (Brown; Fig. 3B); and a lower storage area (Weiner; 10) affixed to said uninterrupted frame rails and located below said primary lower plane, said lower storage area is accessible from access doors in said sidewalls.
Allowable Subject Matter
Claims 7, 12, 13 and 19 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: applicant’s use of a lower front wall extending between said sidewalls and located below said upper portion of said frame, the lower front wall having an upper access door with the upper storage area being accessible through said upper access door, in conjunction with the preceding claims, is novel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612
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