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 .
DETAILED ACTION
Examiner’s Comments
The Examiner notes that the office action below may reference support found in the cited prior art by indicating element numbers, figures or by pointing out a specific paragraph (PAR) number in which support can be found. The PAR number referenced corresponds to paragraph number beginning in the "Detailed Description" of the disclosure unless otherwise noted. The pending claims are 1-20.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
In claim 18, lines 10-12 are indefinite because it is not clear what applicant is claiming or what limitations are encompassed by the claim. Specifically, when the first and second crossbars are in the first configuration, i.e. parallel to first roof rail (fig. 2 of invention), claim 18 states the 2nd and 3rd clamp assemblies clamp the second cross-bar (20) in place; however, fig. 2 appears to show it is the 3rd and 4th clamp assemblies. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 4-7, 9-11, 14, 16-20, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2006/0060621 to Klinkman et al.
With regard to claims 1, 6, a roof rack assembly (10) for a motor vehicle, comprising: a roof rail (14,24,26, figs. 1, 4); a cross-bar (18) configurable between a first configuration (fig. 1) and a second configuration (fig. 3); and a clamp assembly (22) including a lever (46) configured to apply force to a side of the cross-bar facing away from the roof rail to clamp the cross-bar in place relative to the roof rail (PAR 0024+ discloses lever mechanism 46 applies a clamp force to bottom surface of 44, fig. 6 via cam member (base 52, fig. 5) in order to secure cross-bar to rail assembly).
With regard to claim 2, wherein: the clamp assembly (22) is configurable between a locked position (fig. 6D), an exchange position (figs. 6B, 6C), and an unlocked position (fig. 6A, in the locked position, the clamp assembly is configured to prevent rotational and vertical movement of the cross-bar relative to the roof rail, in the exchange position, the clamp assembly is configured to permit the cross-bar to be detached from the clamp assembly, and in the unlocked position, the clamp assembly is configured to permit the cross-bar to rotate relative to the roof rail (see PAR 0018 & 0028).
With regard to claim 4, wherein the cross-bar (18) is configurable between the first configuration (fig. 1) and the second configuration (fig. 3) when the clamp assembly is not in the locked position (i.e. not in position shown in fig. 6D).
With regard to claim 5, wherein: in the first configuration (fig. 1) the cross-bar (18) is substantially parallel to the roof rail, and in the second configuration (fig. 3) the cross-bar is substantially perpendicular to the roof rail.
With regard to claim 7, wherein the clamp assembly (22) further comprises a shaft (pin 60) attached to the lever (46, see fig. 4, PAR 0024).
With regard to claim 9, wherein: the cross-bar (18) includes a through-hole (62, 62’, fig. 4) adjacent an end thereof, and when the clamp assembly (22) is in a locked position (fig. 6D) and an unlocked position (fig. 6A), a portion of the shaft (pin 60) projects through the through-hole (PAR 0024, figs. 1, 4).
With regard to claim 10, wherein: the through-hole (62, 62’, fig. 4) exhibits a first dimension (length of hole) and a second dimension (diameter of hole), the first dimension is greater than a width of the lever, and the second dimension is less than the width of the lever (fig. 4 shows the two dimensions relative to the width of lever 46).
With regard to claim 11, wherein the lever (46) is rotatably attached to the shaft (pin 60).
With regard to claim 14, wherein the side of the cross-bar (18) facing away from the roof (surface side 44, fig. 6) rail includes a recess (58) configured to at least partially receive the lever (46) when the clamp assembly is in a locked position (fig. 6D) and an unlocked position (6A – fig. 4 shows lever 46 received within recess 58 in both locked and unlocked positions).
With regard to claim 16, wherein: the roof rail includes a first roof rail foot and second roof rail foot spaced-apart from the first roof rail foot, the clamp assembly is a first clamp assembly, the first clamp assembly is adjacent the first roof rail foot, the roof rack assembly further comprises a second clamp assembly adjacent the second roof rail foot, and the second clamp assembly includes a lever configured to apply force on the side of the cross-bar facing away from the roof rail (roof rails 14, 16, figs. 2-3, PAR 0023, each have a foot 24 at each end and clamp assembly 22 with lever 46).
With regard to claim 17, wherein: the roof rail (14) includes a central section (26) extending between the first and second roof rail feet (feet 24 at each end), and when the cross-bar (18) is in the first configuration (fig. 1), the cross-bar vertically overlaps at least a portion of the first roof rail foot, the second roof rail foot, and the central section (see figs. 1, 4).
With regard to claim 18, wherein: the roof rail is a first roof rail (14), the cross-bar is a first cross-bar (18), the roof rack assembly further comprises a second roof rail (16) spaced-apart from the first roof rail (see fig. 1), the roof rack assembly further comprises a second cross-bar (20) configurable between a first configuration and a second configuration (see figs. 1-3), the roof rack assembly further comprises third and fourth clamp assemblies (22) adjacent the second roof rail, when the first and second cross-bars are in respective first configurations, the first and second clamp assemblies clamp the first cross-bar in place, and the second the third clamp assemblies clamp the second cross-bar in place, and when the first and second cross-bars are in respective second configurations, the first and third clamp assemblies clamp the first cross-bar in place, and the second and fourth clamp assemblies clamp the second cross-bar in place (Klinkman shows four clamp assemblies, all designated 22, corresponding to the above first and second configurations – shown in figs. 1 and 3, as claimed).
With regard to claim 19, a method, comprising: clamping a cross-bar (18) to a roof rail (14, 24,26, figs. 1, 4) of a motor vehicle by rotating a lever (46) of a clamp assembly (22) such that the lever applies force to a side of the cross-bar facing away from the roof rail (figs. 1-3, 6, illustrate such method).
With regard to claim 20, further comprising: rotating the lever (46)of the clamp assembly (22) and detaching cross-bar from the clamp assembly (fig. 2); and after detaching the cross-bar, moving the cross-bar between a first configuration (fig. 1) and a second configuration (fig. 3)relative to the roof rail.
Allowable Subject Matter
Claims 3, 8, 12-13, 15, are objected to as being dependent upon a rejected base claim, but appear to be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attachment (PTO-892) for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Nash whose telephone number is 571-272-4465. The examiner can normally be reached on Monday – Friday from 11 a.m. to 7 p.m. EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The official fax number for this Group is: 571-273-8300; Inventor Assistance Center is 800-786-9199.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system; see www.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BRIAN D NASH/
Primary Examiner, Art Unit 3734
4/3/2026
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