Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/6/26 has been entered.
Claim Interpretation
3. In claim 4, the limitation “four bar linkage” is being interpreted as not necessarily requiring four physical bars as a cursory reading would imply. The bin itself can be considered one of the bars. The compartment itself can also be considered one of the bars. This is described in paragraph [0021] of the originally filed specification. A bin attached to a compartment with only two bars would satisfying this “four bar linkage” limitation.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 1, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Scensny et al. (US 6,471,277 B1) in view of West (US 4,936,624 A).
Regarding claim 1, Scensny discloses a vehicle (10) comprising: a truck bed (12) comprising a bed deck comprising a bed deck lid (17) configured to move between a closed position covering a compartment (26) below the bed deck and an open position exposing the compartment through the bed deck (see Figures).
Scensny fails to disclose a storage system comprising a bin assembly located in the compartment, the bin assembly comprising: a bin configured to hold one or more cargo items; and a linkage assembly operatively connected to the bin, the linkage assembly configured to raise the bin assembly from a stowed configuration with the bin recessed into the compartment and the bed deck lid in the closed position to a deployed configuration at least partly outside the compartment with the bed deck lid in the open position; and a linkage arm that is operatively connected to the bed deck lid and the bin assembly in both the stowed configuration and the deployed configuration, wherein the lid and linkage arm are configured to raise the bin assembly from the stowed configuration to the deployed configuration as the bed deck lid is manually moved from the closed position to the open position.
Regarding the bin assembly, West teaches that it was already known in the art for a vehicle compartment to include a storage system comprising a bin assembly located in the compartment (see Figure 4), the bin assembly comprising: a bin (22) configured to hold one or more cargo items (cargo items not currently being claimed in combination due to the functional language “configured to hold”); and a linkage assembly (102) operatively connected to the bin, the linkage assembly configured to raise the bin assembly from a stowed configuration (see configuration of 20 in Figure 4) with the bin recessed into the compartment and the lid (26,28) in the closed position to a deployed configuration (see configuration of 22 in Figure 4) at least partly outside the compartment with the bed deck lid (28) in the open position; and a linkage arm (90) that is operatively connected to the bed deck lid and the bin assembly in both the stowed configuration and the deployed configuration, wherein the lid and linkage arm are configured to raise the bin assembly from the stowed configuration to the deployed configuration as the bed deck lid is manually moved (see “manually operated” in col. 3 line 64 - col. 4 line 2) from the closed position to the open position in order to permit easier access to items stored within the compartment by raising them up above the compartment (see col. 2 lines 8-12). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the compartment of Scensny with a storage system comprising a bin, linkage assembly, and linkage arm like those of West, the motivation being to make it easier for people to unload items from the compartment, as taught by West.
Regarding the newly added “manually” limitation, first and foremost, West teaches such manual opening of the lid (see col. 3 line 64 - col. 4 line 2) despite Applicant focusing on the powered pneumatic alternative embodiment of West. Next, the current claim is a product claim covering structure, not a method claim covering method steps. The step of manually opening the deck lid is not part of the claimed invention. Finally, this term doesn’t even modify the required structure for the existing linkage arm. How the lid is opened does not change the basic structure of the linkage arm which involves it simply being connected between the bin and the lid.
Regarding claim 8, the normal operation and use of the modified Scensny system as set forth above would include a method of moving cargo within a truck bed of a truck using a storage assembly, the method comprising: opening a bed deck lid from a closed position to an open position (see Figure 3 of Scensny), thereby exposing a bin assembly located within a compartment below the bed deck (as added above based on the teachings of West), the bin assembly comprising: a bin configured to hold one or more cargo items, as taught by West; and a linkage assembly operatively connected to the bin, as taught by West (102), the linkage assembly configured to raise the bin assembly from a stowed configuration with the bin recessed into the compartment and the bed deck lid in the closed position to a deployed configuration at least partly outside the compartment with the bed deck lid in the open position, as taught by West (see Figure 4); and a linkage arm that is operatively connected to the bed deck lid and the bin assembly in both the stowed configuration and the deployed configuration, as taught by West (90), wherein the lid and linkage arm are configured to raise the bin assembly from the stowed configuration to the deployed configuration as the bed deck lid is moved from the closed position to the open position, and lifting the bin from the stowed configuration to the deployed configuration using the linkage assembly, as taught by West (see Figure 4).
Regarding claim 10, the normal operation and use of the modified Scensny system as set forth above would include the method of claim 8, further comprising moving the bin rearward using the linkage assembly during the step of lifting the bin assembly, as taught by West (see Figure 4).
7. Claims 1, 4-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Scensny et al. (US 6,471,277 B1) in view of Bard et al. (US 9,145,093 B1) and West (US 4,936,624 A).
Regarding claim 1, Scensny discloses a vehicle (10) comprising: a truck bed (12) comprising a bed deck comprising a bed deck lid (17) configured to move between a closed position covering a compartment (26) below the bed deck and an open position exposing the compartment through the bed deck (see Figures).
Scensny fails to disclose a storage system comprising a bin assembly located in the compartment, the bin assembly comprising: a bin configured to hold one or more cargo items; and a linkage assembly operatively connected to the bin, the linkage assembly configured to raise the bin assembly from a stowed configuration with the bin recessed into the compartment and the bed deck lid in the closed position to a deployed configuration at least partly outside the compartment with the bed deck lid in the open position.
Scensny also fails to disclose a linkage arm that is operatively connected to the bed deck lid and the bin assembly in both the stowed configuration and the deployed configuration, wherein the lid and linkage arm are configured to raise the bin assembly from the stowed configuration to the deployed configuration as the bed deck lid is manually moved from the closed position to the open position.
Regarding the bin assembly, Bard (see Figure 7 embodiment) teaches that it was already known in the art for a vehicle compartment to include a storage system comprising a bin assembly located in the compartment (3), the bin assembly comprising: a bin (5) configured to hold one or more cargo items (6, cargo items not currently being claimed in combination due to the functional language “configured to hold”); and a linkage assembly (11) operatively connected to the bin, the linkage assembly configured to raise the bin assembly from a stowed configuration (see Figure 1) with the bin recessed into the compartment and the lid (4) in the closed position to a deployed configuration (see Figure 7) at least partly outside the compartment with the bed deck lid (4) in order to make it easier for people to load items into the compartment and remove items from the compartment (see col. 1 lines 5-7). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the compartment of Scensny with a storage system comprising a bin assembly located in the compartment, the bin assembly comprising: a bin configured to hold one or more cargo items; and a linkage assembly operatively connected to the bin, the linkage assembly configured to raise the bin assembly from a stowed configuration with the bin recessed into the compartment and the bed deck lid in the closed position to a deployed configuration at least partly outside the compartment with the bed deck lid in the open position, the motivation being to make it easier for people to load items into the compartment and remove items from the compartment, as taught by Bard.
Regarding the linkage arm, West teaches that a bin (22) can be automatically pivoted from a storage position within a vehicle compartment to a deployed configuration at least partly outside the compartment when the lid (28) of the compartment is opened using a linkage arm (90) that is operatively connected to each of the lid and the bin (see Figure 4). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have implemented a linkage arm operatively connected between the lid and the bin of the modified Scensny system, the motivation being to automatically move the bin from the storage configuration to the deployed configuration in the manner taught by West.
Regarding the newly added “manually” limitation, first and foremost, West teaches such manual opening of the lid (see “manually operated” in col. 3 line 64 - col. 4 line 2) despite Applicant focusing on the powered pneumatic alternative embodiment of West. Second, the only teaching being taken from West and applied to the modified Scensny vehicle is the linkage arm of West. Scensny already seems to teach such manual lid opening in that he does not disclose any other opening mechanism. Finally, this term doesn’t even modify the required structure for the existing linkage arm. How the lid is opened does not change the basic structure of the linkage arm which involves it simply being connected between the bin and the lid.
Regarding claim 4, Scensny as modified above would include the vehicle of claim 1, wherein the linkage assembly comprises a four bar linkage, as taught by Bard (see four bars 11 in Figure 7 of Bard).
Regarding claim 5, Scensny as modified above would include the vehicle of claim 1, wherein the linkage assembly comprises a fixed linkage that is fixed relative to the storage compartment and a pivot linkage that is pivotally connected to the fixed linkage, as taught by Bard (see fixed linkage 10 and pivot linkages 11 in Figure 7 of Bard).
Regarding claim 6, Scensny as modified above would include the vehicle of claim 5, wherein the pivot linkage is pivotally connected to the storage bin, as taught by Bard (see 11 pivotally connected to 5 in Figure 7 of Bard).
Regarding claim 7, Scensny as modified above would include the vehicle of claim 6 comprising a pair of pivot linkages pivotally connected to the fixed linkage and the storage bin, as taught by Bard (see pair of linkages 11a and 11aa pivotally connected to 10 in Figure 7 of Bard).
Regarding claim 8, the normal operation and use of the modified Scensny system as set forth above would include a method of moving cargo within a truck bed of a truck using a storage assembly, the method comprising: opening a bed deck lid from a closed position to an open position (see Figure 3 of Scensny), thereby exposing a bin assembly located within a compartment below the bed deck (as added above based on the teachings of Bard), the bin assembly comprising: a bin configured to hold one or more cargo items (see Figure 7 of Bard); and a linkage assembly operatively connected to the bin (see Figure 7 of Bard), the linkage assembly configured to raise the bin assembly from a stowed configuration (see Figure 1 of Bard) with the bin recessed into the compartment and the bed deck lid in the closed position to a deployed configuration at least partly outside the compartment with the bed deck lid in the open position (as taught by Bard - see Figure 7 where the bin is above the rear edge of the compartment); and a linkage arm that is operatively connected to the bed deck lid and the bin assembly in both the stowed configuration and the deployed configuration (as taught by West), wherein the lid and linkage arm are configured to raise the bin assembly from the stowed configuration to the deployed configuration as the bed deck lid is moved from the closed position to the open position (as taught by West), and manually lifting the bin from the stowed configuration to the deployed configuration using the linkage assembly (as taught by West - see col. 3 line 64 - col. 4 line 2).
Regarding claim 10, the normal operation and use of the modified Scensny system as set forth above would include the method of claim 8, further comprising moving the bin rearward using the linkage assembly during the step of lifting the bin assembly, as taught by Bard (see Figure 1 to Figure 7 transition in Bard).
8. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Scensny et al. (US 6,471,277 B1) in view of Bard et al. (US 9,145,093 B1) and West (US 4,936,624 A) as applied above, further in view of Kozicki (US 3,406,999 A).
Regarding claim 3, Scensny as modified above would include the vehicle of claim 1, including wherein the linkage arm is pivotally connected to the bin, as taught by West, but so far fails to include wherein the linkage arm is pivotally connected to the bed deck lid. West appears to show the linkage arm (90) non-pivotally attached to the lid (26). Kozicki teaches that it was also known in the art for a linkage arm like that of West to be pivotally attached to both a bin and a lid (see pivotal connection of 60 to both 38 and 18 in Figures 2-3). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have pivotally attached the linkage arm of the modified Scensny vehicle to both the bin and the lid, where such linkage arm design was already known to be suitable for such use, as taught by Kozicki.
Response to Arguments
9. Applicant’s arguments filed 4/6/26 have been fully considered but are not persuasive. Applicant has argued that West fails to disclose manual opening of the lid. As already set forth above, West teaches such manual opening of the lid (see “manually operated” in col. 3 line 64 - col. 4 line 2) despite Applicant focusing on the powered pneumatic alternative embodiment of West.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN M LARSON/Primary Examiner, Art Unit 3734 5/13/26
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