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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 2010/0230455).
Wang discloses a bike carrier assembly comprising: a connection unit (10-30), at least one bike carrier or at least one shelf (302 closest to hinge 31; shelf not required), the at least one bike carrier connected to the connection 5unit (see Fig. 2), wherein the connection unit has a connector which is adapted to be connected to a vehicle (10), an adaptor (30) is connected to the connection unit and includes multiple first holes (34), an extension (305) is removably connected to the adaptor (indirectly connected through 302s, the extension includes multiple bores (openings for bolts); the bike carrier includes multiple second holes (304), multiple locking 10members extend through the second holes and the first holes to connect the at least one bike carrier to the adapter (307), the adaptor is a U-shaped tube (Wang 30, see Fig. 2) which includes two open ends (where rear lights 308 are installed), and the extensions is connected to the two open ends (indirectly connected through other components).
Wang further discloses the adaptor is a U-shaped tube (Wang 30, see Fig. 2) and a bar (302 farthest from hinge 31 meets scope of being a ‘bar’) is connected between two ends of the U-shaped tube.
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) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2010/0230455) as applied to claims 1 and 2 above, and further in view of Ferreira (US 9550444).
Wang discloses all limitations of the claim(s) as detailed above except does not expressly disclose the light unit as claimed.
However, Ferreira teaches providing the upright extensions (146a, 146b) of a cargo carrier device with a light unit including a taillight, turning light, and brake light (149a, 149b) which is capable of being electrically connected to a cable of the vehicle (col. 6, ll. 60-65).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the light units taught by Ferreira to the upright extension taught by Wang, in order to enhance the functionality of the carrier and allow the lights to be seen by vehicles behind the carrier vehicle as taught by Ferreira (col. 6, ll. 61-67).
Response to Arguments
Applicant's arguments filed 6/2/2026 have been fully considered but they are not persuasive.
Applicant argues that the claim language requiring the extension to be connected to the two open ends of the adaptor is not taught by the Wang device. This argument has been considered, however is not persuasive in light of the Wang extension 305 being connected to the adaptor, and thus its open ends, through the other components of the device. Much as the first link in a chain is connected to the last link in a chain through the intermediary links, this indirection connection is still a connection and thus meets the scope of the claims.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the extension ‘plugs into’ the open ends of the adaptor) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivation to make the proposed combinations comes directly from the references themselves, as set forth in the rejection above. Ferreira expressly teaches the motivation to make the proposed combination in col. 6, ll. 61-67 directly contrary to applicant’s arguments.
Applicant is reminded that “A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.”KSR, 82 USPQ2d at 1397. “[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.”Id. Office personnel may also take into account “the inferences and creative steps that a person of ordinary skill in the art would employ.” 82 USPQ2d at 1396.
For the reasons stated above as well as those set forth in the rejections above, applicant’s arguments are not persuasive and the rejections are maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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
July 9, 2026
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