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 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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ajam et al. (US 2019/0291676, hereinafter ‘Ajam’).
Ajam discloses a configurable bed rack, the configurable bed rack comprising: a first riser (driver’s side), wherein the first riser includes: a base (122), the base configured to rest on a first side of a truck bed (para 022); a first vertical portion (121 driver’s side vertical), wherein the first vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the first side of the truck bed (Figs. 1A, 1B); and a second vertical portion (angled upright of 124), wherein the second vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the first side of the truck bed (Figs. 1A, 1B); wherein a distance from the proximate end of the first vertical portion and the proximate end of the second vertical portion is larger than a distance from the distal end of the first vertical portion and the distal end of the second vertical portion (see Fig. 2B, distance between 123s is greater than horizontal portion @ top of 124); a second riser (passenger’s side), wherein the second riser includes: a base (122), the base configured to rest on a second side of a truck bed (para 022); a first vertical portion (121 driver’s side vertical), wherein the first vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the second side of the truck bed (Figs. 1A, 1B); and a second vertical portion (angled upright of 124), wherein the second vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the second side of the truck bed (Figs. 1A, 1B); wherein a distance from the proximate end of the first vertical portion and the proximate end of the second vertical portion is larger than a distance from the distal end of the first vertical portion and the distal end of the second vertical portion (see Fig. 2B, distance between 123s is greater than horizontal portion @ top of 124) and a crossbar (125), wherein the crossbar is configured to: releasably attach to the first riser and the second riser (para 0028); and extend horizontally from the first riser to the second riser (Fig. 2A).
Ajam further discloses each riser further includes a brace (127), wherein the brace connects the first vertical portion to the second vertical portion (Fig. 1A); and prevents the distance from the distal end of the first vertical portion and the distal end of the second vertical portion from decreasing (para 0030) and each riser further includes a handle (125-1 capable of use as a handle).
Claim(s) 10-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mayers (US 10501023).
Mayers discloses a configurable hitch rack, the configurable hitch rack comprising: an insert (50), wherein the insert is configured to be inserted in a hitch of a vehicle; an incline (62), wherein the incline is attached to the insert (see Fig. 1); a column (20), wherein: the column is attached to the incline (Fig. 1); the angle between the incline and the column is adjustable (col. 4, ll. 40-48); a crossbar (100), wherein the crossbar is attached to the column; and a rail (80), wherein the rail is attached to the column below the crossbar (Fig. 1).
Mayers further discloses the angle between the insert and the incline is approximately 45 degrees (see Fig. 4); the angle between the column and the incline is approximately 45 degrees when the column is vertical (see Fig. 4); a brace (56), wherein the brace secures the column to the incline (Fig. 2); a pin (72), wherein the pin is configured to hold the column relative to the brace; and the crossbar is attached to the top of the column (Figs. 1, 2).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajam et al. (US 2019/0291676, hereinafter ‘Ajam’) as applied to claim 1 above, and further in view of Zhu et al. (US 11077888, hereinafter ‘Zhu’).
Regarding claim 4, Ajam discloses all limitations of the claim(s) as detailed above except does not expressly disclose the T-track crossbar as claimed.
However, Zhu teaches a similar device wherein the crossbar includes a T-track crossbar (1); and each riser includes an insert (37), the insert configured to be placed within a track in the T-track crossbar (Figs. 12-14); wherein the mating of the insert and the track allows movement of the T-track crossbar in only one direction as claimed.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to use T-track and inserts as taught by Zhu for the crossbar material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding claim 5, Ajam as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the diamond shape as claimed.
It would have been an obvious matter of design choice to make the different portions of the body of the crossbar of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajam et al. (US 2019/0291676, hereinafter ‘Ajam’) in view of Zhu et al. (US 11077888, hereinafter ‘Zhu’) as applied to claim 5 above, and further in view of Flaig (US 2015/0010343).
Ajam as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose each edge having a pair of tracks as claimed.
However, Flaig teaches a similar extrusion profile T-track wherein each edge of the profile includes a pair of tracks (see Fig. 12).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to construct he Ajam as modified above crossbar profile with a pair of tracks on each side as taught by Flaig, 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).
Ajam as modified above further results in a device wherein each track includes: an aperture; and an opening into the aperture, wherein the opening is narrower than the aperture (see Flaig Fig. 12).
Regarding claim 8, Ajam as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the pair of bolts attaching each riser to the crossbar as claimed.
However, Zhu itself teaches connecting components together using a pair of recessed bolts (Fig. 15) as a connection means as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to use the bolts taught by Zhu to attach the crossbar to the risers taught by Ajam as modified above, in order to removably secure the components together as taught by Zhu.
When viewed in combination, Ajam as modified above results in a device comprising: a pair of bolts on the first riser, wherein each of the pair of bolts has a head within an aperture of the T-track crossbar; and a pair of bolts on the second riser, wherein each of the pair of bolts has a head within an aperture of the T-track crossbar.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajam et al. (US 2019/0291676, hereinafter ‘Ajam’) as applied to claim 1 above, and further in view of Browning et al. (US 4783097, hereinafter ‘Browning’).
Ajam discloses all limitations of the claim(s) as detailed above except does not expressly disclose the locking clamp as claimed.
However, Browning teaches attaching a truck rollbar riser structure to the truck with a locking clamp (Fig. 7) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to use the locking clamp system taught by Browning to attach the risers taught by Ajam to the truck bed, in order to allow variation in attachment geometry to allow for different truck bed structures as taught by Browning (col. 11, ll. 61 – col. 12, ll. 56).
Further, because Ajam and Browning both teach attachment of truck rack risers to a truck bed, it would have been obvious to one of ordinary skill in the art to substitute the locking clamp system taught by Browning for the nonspecific attachment taught by Ajam to achieve the predictable result of securely attaching the rack riser to the truck bed as taught by Browning.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mayers (US 10501023) as applied to claim 10 above, and further in view of Clausene t al. (US 2008/0093404, hereinafter ‘Clausen’).
Mayers discloses all limitations of the claim(s) as detailed above except does not expressly disclose the T-track crossbar as claimed.
However, Clausen teaches constructing a hitch mounted carrier rack wherein T-track (44a, 44b) is used as part of the framework as claimed.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to T-track as taught by Clausen for the crossbar taught by Mayers, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ajam et al. (US 2019/0291676, hereinafter ‘Ajam’) in view of Zhu et al. (US 11077888, hereinafter ‘Zhu’) and Mayers (US 10501023).
Ajam discloses a configurable bed rack, the configurable bed rack comprising: a first riser (driver’s side), wherein the first riser includes: a base (122), the base configured to rest on a first side of a truck bed (para 022); a first vertical portion (121 driver’s side vertical), wherein the first vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the first side of the truck bed (Figs. 1A, 1B); and a second vertical portion (angled upright of 124), wherein the second vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the first side of the truck bed (Figs. 1A, 1B); wherein a distance from the proximate end of the first vertical portion and the proximate end of the second vertical portion is larger than a distance from the distal end of the first vertical portion and the distal end of the second vertical portion (see Fig. 2B, distance between 123s is greater than horizontal portion @ top of 124); a second riser (passenger’s side), wherein the second riser includes: a base (122), the base configured to rest on a second side of a truck bed (para 022); a first vertical portion (121 driver’s side vertical), wherein the first vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the second side of the truck bed (Figs. 1A, 1B); and a second vertical portion (angled upright of 124), wherein the second vertical portion: includes a proximate end attached to the base; includes a distal end, wherein the distal end is opposite the proximate end; and is configured to extend upward from the second side of the truck bed (Figs. 1A, 1B); wherein a distance from the proximate end of the first vertical portion and the proximate end of the second vertical portion is larger than a distance from the distal end of the first vertical portion and the distal end of the second vertical portion (see Fig. 2B, distance between 123s is greater than horizontal portion @ top of 124) and a crossbar (125), wherein the crossbar is configured to: releasably attach to the first riser and the second riser (para 0028); and extend horizontally from the first riser to the second riser (Fig. 2A); except does not expressly disclose the crossbar comprising a T-track w/inserts or the configurable hitch rack as claimed.
However, Zhu teaches a similar device wherein the crossbar includes a T-track crossbar (1); and each riser includes an insert (37), the insert configured to be placed within a track in the T-track crossbar (Figs. 12-14); wherein the mating of the insert and the track allows movement of the T-track crossbar in only one direction as claimed.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to use T-track and inserts as taught by Zhu for the crossbar material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Mayers discloses a configurable hitch rack, the configurable hitch rack comprising: an insert (50), wherein the insert is configured to be inserted in a hitch of a vehicle; an incline (62), wherein the incline is attached to the insert (see Fig. 1); a column (20), wherein: the column is attached to the incline (Fig. 1); the angle between the incline and the column is adjustable (col. 4, ll. 40-48); a crossbar (100), wherein the crossbar is attached to the column; and a rail (80), wherein the rail is attached to the column below the crossbar (Fig. 1).
All of the component parts are known in Mayers and Ajam as modified above. The only difference is the combination of all the known elements into a single device by adding the hitch rack taught by Mayers to the same vehicle as the bed rack taught by Ajam as modified above.
Thus, it would have been obvious to one having ordinary skill in the art to add the hitch rack taught by Mayers to the same vehicle as the bed rack taught by Ajam as modified above, since the hitch rack in no way affects the other functions of the bed rack and the hitch rack can be used in combination with a bed rack to achieve the predictable results of allowing additional cargo to be carried by a single vehicle.
Response to Arguments
Applicant’s arguments with respect to all claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
May 20, 2026
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