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 .
Drawings
The drawings are objected to because they include photographs and the requirements for using photographs have not been met. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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)(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.
Claim 3 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication #2007/0175938 to Swenson (Swenson).
With Respect to Claim 3
A tray attachment for engagement with a vehicle hitch receptable comprising: a main central portion (110, 121-122, 140, 160, and related structure) having a forward support beam (bottom beam of 121 and 140 attached thereto), a rear support beam (bottom beam of 122 and 140 attached thereto), and a central support beam (portion of 110 between 121 and 122), the forward and rear support beams being spaced apart from and in generally parallel relationship to each other, the central support beam (central portion of 110) being attached to the forward and rear support beams in generally perpendicular relationship thereto, the central support beam being releasably engageable with the vehicle hitch receptacle (capable of this use which is also the intended use); a left slidable tray (130, 151) having a left support beam (bottom beam of 151), a forward support beam (front 130) and a rear support beam (rear 130), the forward support beam on the left slidable tray being slidably engaged with the forward support beam on the main central section, the rear support beam on the left slidable tray being slidably engaged with the rear support beam on the main central section, the left slidable tray being moveable between a closed position and an extended position relative to the main central section (FIGS. 1 and 5 and description); and a right slidable tray (130 and 152) having a right support beam (bottom beam of 152), a forward support beam (front 130) and a rear support beam (rear 130), the forward support beam on the right slidable tray being slidably engaged with the forward support beam on the main central section, the rear support beam on the right slidable tray being slidably engaged with the rear support beam on the main central section, the right slidable tray being moveable between a closed position and an extended position relative to the main central section (FIGS. 1 and 5 and description).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #6,036,070 to Gauthier (Gauthier) in view of U.S. Patent #4,573,731 to Knaack (Knaack).
With Respect to Claim 1
A tool box attachment for engagement with a vehicle hitch receptacle comprising: a housing (10 in combination with 16) having a rear support member (16) adapted for releasable engagement with the vehicle hitch receptacle; and a slidable tray (drawer 70 in FIG. 9b/c) slidably mounted within an interior compartment of the housing and moveable between an open position and a closed position (inherent in it being a drawer), the slidable tray including a locking mechanism (72) to secure the slidable tray in its closed position, but does not disclose details of the locking mechanism and so does not disclose that it is a locking tab adapted for locking engagement with a locking tab on the housing to secure the slidable tray in its closed position.
However, Knaack discloses forming a similar vehicle mounted container with a drawer/slidable tray including a locking tab (57, FIG. 2) adapted for locking engagement with a locking tab (58, FIG. 2) on the housing to secure the slidable tray in its closed position.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Knaack, to form the drawer of Gauthier with a locking tab adapted for locking engagement with a locking tab on the housing to secure the drawer in its closed position as taught by Guathier, in order to secure the drawer in the closed position to prevent inadvertent opening and/or as a mere selection of an art appropriate drawer structure to use.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2007/0175938 to Swenson (Swenson) as applied to claim 3 above, and further in view of U.S. Patent #7,246,733 to Threet (Threet).
With Respect to Claim 4
The tray attachment of claim 3, but does not disclose wherein the main central section further includes a metal mesh floor, the left slidable tray includes a metal mesh floor, and the right slidable tray includes a metal mesh floor.
However, Threet discloses forming a similar hitch mounted slidably expandable tray structure (see FIG. 5) with a main central section that includes a metal mesh floor (44, noting that the central section includes the left and right pivotal portions in FIG. 5 which have mesh floor shown), the left slidable tray includes a metal mesh floor, and the right slidable tray includes a metal mesh floor (FIG. 5, noting that the right slidable tray is shown to have a mesh floor and the left slidable tray is disclosed as substantially the same).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Threet, to add a metal mesh floor at taught by Threet/as claimed to the main central sections and to each tray, in order to provide a floor area to allow for holding smaller items that would otherwise fall through the bottom of the tray. For clarity, this combination encompasses making appropriate modification to the sliding structure of Swenson to allow for adding the metal mesh floor, e.g. replacing the fully enclosed telescoping structures with partial open sliding structures similar to the Threet structure.
Claims 3-5, 9-10, 13-14, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #7,246,733 to Threet (Threet) in view of U.S. Patent Publication #2007/0175938 to Swenson (Swenson).
With Respect to Claim 3
Threet discloses a tray attachment for engagement with a vehicle hitch (36) comprising: a main central portion (20, 46, and 41 on each side) having a forward support beam (front 46), a rear support beam (rear 46), and a central support beam (30), the forward and rear support beams being spaced apart from and in generally parallel relationship to each other, the central support beam being attached to the forward and rear support beams in generally perpendicular relationship thereto (via mutual attachment to 20), the central support beam being releasably engageable with the vehicle hitch; a left slidable tray (left 42) having a left support beam (48 on the left), a forward support beam (forward 46) and a rear support beam (rear 46), the forward support beam on the left slidable tray being slidably engaged with the forward support beam on the main central section (via 82, FIG. 5), the rear support beam on the left slidable tray being slidably engaged with the rear support beam on the main central section (via 82, FIG. 5), the left slidable tray being moveable between a closed position and an extended position relative to the main central section; and a right slidable tray (right 42 having a right support beam (48 on the right), a forward support beam (forward 46) and a rear support beam (rear 46), the forward support beam on the right slidable tray being slidably engaged with the forward support beam on the main central section (via 82, FIG. 5), the rear support beam on the right slidable tray being slidably engaged with the rear support beam on the main central section (via 82, FIG. 5), the right slidable tray being moveable between a closed position and an extended position relative to the main central section; and that alternate hitch attachments could be used to attach to different hitch structures (e.g. for attaching to a ball-type hitch) but discloses attachment to a hitch bar (36) rather than a hitch receptacle.
However, Swenson discloses forming a similar expandable/collapsible hitch mounted carrier with a central support beam (110) being releasably engageable with the vehicle hitch receptacle (see, e.g. [0019]).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Swenson, to replace the vehicle hitch attachment of Threet with a hitch attachment as taught by Swenson (i.e. replacing a receiver for a hitch bar with a hitch bar to couple to a hitch receptacle), in order to allow for attachment to a vehicle with a hitch receptacle instead of a hitch bar, and/or as a mere substitution of one art known hitch mounting structure/fastener for another.
With Respect to Claim 4
The tray attachment of claim 3, wherein the main central section further includes a metal mesh floor, the left slidable tray includes a metal mesh floor, and the right slidable tray includes a metal mesh floor.
With Respect to Claim 5
The tray attachment of claim 3, wherein: the main central section includes a first guide rail on a right end of the rear support beam of the main central section, a second guide rail on a left end of the rear support beam of the main central section, a third guide rail on a right end of the forward support beam of the main central section, and a fourth guide rail on a left end of the forward support beam of the main central section; the left slidable tray includes a rear guide rail attached to the rear support beam of the left slidable tray, and a forward guide rail attached to the forward support beam of the left slidable tray, the rear guide rail being slidably engaged with the second guide rail on the main central section, and the forward guide rail being slidably engaged with the fourth guide rail on the main central section; and the right slidable tray includes a rear guide rail attached to the rear support beam of the right slidable tray, and a forward guide rail attached to the forward support beam of the right slidable tray, the rear guide rail being slidably engaged with the first guide rail on the main central section, and the forward guide rail being slidably engaged with the third guide rail on the main central section (see FIG. 5 showing this structure, noting each of the four extension slides 82 includes a guide rail on 46 of the central section and a guide rail 82 on the corresponding support beam).
With Respect to Claim 9
The tray attachment of claim 5, wherein the first guide rail defines a first guide channel between the first guide rail and the rear support beam, the second guide rail defines a second guide channel between the second guide rail and the rear support beam, the third guide rail defines a third guide channel between the third guide rail and the forward support beam, and the fourth guide rails defines a fourth guide channel between the fourth guide rail and the forward support beam (FIG. 5 shows that the guide rails on the main central section, specifically on 41, form guide channels, although the other 41 is not shown it is Examiner’s position that a person of ordinary skill in the art would understand it to have the same structure. or to the degree a different structure could potentially be used it is obvious to use the same structure on each to maintain symmetry and/or as a mere selection of an art appropriate structure to use for the other side).
With Respect to Claim 10
The tray attachment of claim 5, and that alternate slide structures could be used (i.e. that the particulars of the drawing are not limiting), but discloses the guide rails that form guide channels are on the central section and the ones on the left and right slidable trays do not form guide channels, and so does not disclose wherein: the rear guide rail on the left slidable tray defines a rear guide channel between the rear support beam on the left slidable tray and the rear guide rail on the left slidable tray, and the forward guide rail on the left slidable tray defines a forward guide channel between the forward support beam on the left slidable tray and the forward guide rail on the left slidable tray; and the rear guide rail on the right slidable tray defines a rear guide channel between the rear support beam on the right slidable tray and the rear guide rail on the right slidable tray, and the forward guide rail on the right slidable tray defines a forward guide channel between the forward support beam on the right slidable tray and the forward guide rail on the right slidable tray.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to switch the types of guide rails on the central section (i.e. 41) and the guide rails on the slidable trays, as doing so constitutes at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04). There is no inventive step in merely swapping the locations of male and female portions of a structure, as the structure will still operate in the same or substantially the same fashion with this modification.
With Respect to Claim 13
A tray attachment for engagement with a vehicle hitch receptable comprising: a main central portion (20 and 41) having a forward support beam (forward 46), a rear support beam (rear 46), and a central support beam (30 as modified), the forward and rear support beams being spaced apart from and in generally parallel relationship to each other, the central support beam being attached to the forward and rear support beams in generally perpendicular relationship thereto (attached via 20), the central support beam being releasably engageable with the vehicle hitch receptacle; the main central section further including a first guide rail on a right end of the rear support beam of the main central section, a second guide rail on a left end of the rear support beam of the main central section, a third guide rail on a right end of the forward support beam of the main central section, and a fourth guide rail on a left end of the forward support beam of the main central section (noting guide rails forming part of 82); a left slidable tray (left 42) having a left support beam, a forward support beam and a rear support beam, the forward support beam on the left slidable tray being slidably engaged with the forward support beam on the main central section, the rear support beam on the left slidable tray being slidably engaged with the rear support beam on the main central section, the left slidable tray being moveable between a closed position and an extended position relative to the main central section; the left slidable tray further including a rear guide rail attached to the rear support beam of the left slidable tray, and a forward guide rail attached to the forward support beam of the left slidable tray, the rear guide rail being slidably engaged with the second guide rail on the main central section, and the forward guide rail being slidably engaged with the fourth guide rail on the main central section (see, e.g. FIG. 5 showing the guide rails); a right slidable tray (right 42) having a right support beam, a forward support beam and a rear support beam, the forward support beam on the right slidable tray being slidably engaged with the forward support beam on the main central section, the rear support beam on the right slidable tray being slidably engaged with the rear support beam on the main central section, the right slidable tray being moveable between a closed position and an extended position relative to the main central section; and the right slidable tray further including a rear guide rail attached to the rear support beam of the right slidable tray, and a forward guide rail attached to the forward support beam of the right slidable tray, the rear guide rail being slidably engaged with the first guide rail on the main central section, and the forward guide rail being slidably engaged with the third guide rail on the main central section (see, e.g. FIG. 5 showing the guide rails).
With Respect to Claim 14
The tray attachment of claim 13, wherein the main central section further includes a metal mesh floor, the left slidable tray includes a metal mesh floor, and the right slidable tray includes a metal mesh floor.
With Respect to Claim 18
The tray attachment of claim 13, wherein the first guide rail defines a first guide channel between the first guide rail and the rear support beam, the second guide rail defines a second guide channel between the second guide rail and the rear support beam, the third guide rail defines a third guide channel between the third guide rail and the forward support beam, and the fourth guide rails defines a fourth guide channel between the fourth guide rail and the forward support beam (FIG. 5 shows that the guide rails on the main central section, specifically on 41, form guide channels, although the other 41 is not shown it is Examiner’s position that a person of ordinary skill in the art would understand it to have the same structure. or to the degree a different structure could potentially be used it is obvious to use the same structure on each to maintain symmetry and/or as a mere selection of an art appropriate structure to use for the other side).
With Respect to Claim 19
The tray attachment of claim 13, and that alternate slide structures could be used (i.e. that the particulars of the drawing are not limiting), but discloses the guide rails that form guide channels are on the central section and the ones on the left and right slidable trays do not form guide channels, and so does not disclose wherein: the rear guide rail on the left slidable tray defines a rear guide channel between the rear support beam on the left slidable tray and the rear guide rail on the left slidable tray, and the forward guide rail on the left slidable tray defines a forward guide channel between the forward support beam on the left slidable tray and the forward guide rail on the left slidable tray; and the rear guide rail on the right slidable tray defines a rear guide channel between the rear support beam on the right slidable tray and the rear guide rail on the right slidable tray, and the forward guide rail on the right slidable tray defines a forward guide channel between the forward support beam on the right slidable tray and the forward guide rail on the right slidable tray.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to switch the types of guide rails on the central section (i.e. 41) and the guide rails on the slidable trays, as doing so constitutes at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04). There is no inventive step in merely swapping the locations of male and female portions of a structure, as the structure will still operate in the same or substantially the same fashion with this modification.
Allowable Subject Matter
Claims 2, 6-8, 11-12, 15-17, and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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, 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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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734