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, 2 and 4 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),
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; the adaptor having two open ends (where rear lights 308 are installed).
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) 3 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 Holliday (US 5129559).
Wang discloses all limitations of the claim(s) as detailed above except does not expressly disclose the caps as claimed.
However, Holliday teaches providing cargo carrier tubing with end caps (28) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the end caps taught by Holliday to the tubing taught by Wang, in order to provide a smooth, finished end thereto as taught by Holliday (col. 3, ll. 53-57).
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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PETER N HELVEY/ Primary Examiner, Art Unit 3734
March 9, 2026
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