DETAILED ACTION
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,688,211 to Schierk in view of US Patent 10,723,277 to Aftanas and US Patent 12,377,788 to Larsson.
Regarding claim 1, Schierk discloses a quick-mounting quick-release vehicle roof rack cross bar, comprising: a rack body (5), wherein a base is connected to an end of the rack body (Fig. 2), and the base is provided with a first abutting portion (20); a mounting plate (26) arranged on the base, wherein the mounting plate is provided with an angled groove (55) and a transverse groove (50); a moving plate (30), wherein one end of the moving plate (the portion of the plate immediately adjacent 37) is movably connected to the angled groove (at 37), the other end of the moving plate (40 plus the remainder of the plate) is provided with a transverse shaft (40), the transverse shaft is movably connected to the transverse groove (at 41), and the moving plate is provided with a second abutting portion (32); and a locking plate (60) rotationally connected to the mounting plate (via 40), wherein an end of the locking plate is rotationally connected to the transverse shaft (Fig. 2); when the locking plate is rotated, the moving plate being driven to move along the angled groove (Figs. 2-4); when the locking plate is rotated to be flush with the mounting plate, the moving plate being locked (Fig. 4). Schierk fails to disclose the base being sleeved outside an end of the rack body. However, Aftanas discloses a roof rack cross bar in which the base is sleeved outside an end of the rack body (Fig. 3). It would have been obvious to one of ordinary skill to have used a sleeve mounting in Schierk because the modification only involves a simple substitution of one known, equivalent roof rack foot mounting for another to obtain predictable results. The combination fails to disclose the angled groove being an arc groove. However, Larsson discloses a roof rack cross bar that includes an arc groove (62). It would have been obvious to one of ordinary skill to have made the angled groove as an arc because the modification only involves a simple substitution of one known, equivalent groove shape for another to obtain predictable results.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schierk, Aftanas and Larsson, further in view of US Patent 4,432,479 to Graber.
Regarding claim 6, the combination from claim 1 fails to disclose pads. However, Graber discloses a roof rack that includes a plurality of friction pads (Fig. 2 – portions of 28 engaging the roof; rubber (Col. 2, line 60) would provide a level of friction) uniformly arranged on the portion of the rack contacting the roof (Fig. 2). It would have been obvious to one of ordinary skill to have included rubber pads on the first abutting portion because it would protect the vehicle from damage from the rack.
Allowable Subject Matter
Claims 2-5 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.
Response to Arguments
Applicant’s claim amendments and amended drawings have overcome the objections and Section 112a and b rejections. However, see the Section 103 prior art rejection above.
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 SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734