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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: it does not disclose each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6, 13, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With Respect to Claims 6, 13, and 19
The specification does not disclose each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides and so this subject matter was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 13, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With Respect to Claims 6, 13, and 19
The scope of the limitation that “each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides” is unclear, noting that this subject matter was not described in the specification and the drawings do not appear to show a structure that clearly meets these limitations. It is additionally unclear whether this phrase requires a plurality of side tabs on each vehicle connector or if a plurality of side tabs with one on each vehicle connector meets the claim language, if it requires that the side tab(s) of each vehicle connector connect it to both sides or if the limitation is met by each connector having side tab(s) that connect to one of the sides, or if some other interpretation of this unclear language is to be used.
The remainder of this office action is based on the invention as best understood by Examiner.
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.
Claims 1, 3, 5, 7-8, 10, 12, 14-15, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent #8,534,520 to Liparoti (Liparoti). Liparoti discloses:
With Respect to Claim 1
A tray apparatus for use with a vehicle comprising: a base (28, 30, and related structure) and two sides (sides from which 34 extend, see e.g. FIG. 3); a plurality of vehicle connectors (34, see, e.g. FIG. 3) affixable to the two sides and configured to attach to the vehicle and maintain the base and two sides within the vehicle (capable of this use with an appropriate vehicle, see for example FIG. 2 showing the base and two sides in a position such that they will be interior to a vehicle such as a cart/buggy/wagon/etc having a tubular bar for attachment located at the top outer edge of the vehicle body); and a reversible holder (38) comprising a holder top and a plurality of holder sides (see, e.g. FIG. 1), the reversible holder configured to fit with the base and two sides at a first position inside the vehicle (capable of this use, see FIG. 2 positioning which will be inside an appropriate vehicle if appropriately attached to an appropriate location) and additionally fit over one vehicle connector at a second position outside the vehicle (capable of this use with an appropriate vehicle, see FIG. 1 positioning in which 38 extends over both vehicle connectors and will be outside of the vehicle if attached on an outer edge of the vehicle body).
With Respect to Claim 3
The tray apparatus of claim 1, wherein the holder top comprises at least one opening (48, FIGS. 1-2) formed therein.
With Respect to Claim 5
The tray apparatus of claim 1, wherein the vehicle comprises a wagon comprising a left side and a right side, and one vehicle connector attaches to the left side and a second vehicle connector attaches to the right side (inasmuch as the structure is capable of this use with an appropriate wagon; for clarity, it is noted that the wagon is considered to be divided into two halves/sides, i.e. left and right sides, such that a front tubular bar located at/forming the top edge of the wagon body to which the tray apparatus may be attached has left and right sides, and 34 on one side attaches to the left side of this bar and 34 on the other side attaches to the right side of this bar; it is noted for clarity that the vehicle is clearly only functionally recited and so no teaching of an actual vehicle is required by the claim, and the position taken is that the tray apparatus is capable of use with this or other suitable vehicle/wagon structures capable of meeting the claim language).
With Respect to Claim 7
The tray apparatus of claim 5, wherein one vehicle connector comprises a holding clip fittable over one of the left side and the right side (both of the cylindrical members are clips to the extent claimed).
With Respect to Claim 8
A tray apparatus for use with a vehicle comprising: a base 28, 30, and related structure) and a plurality of sides (sides from which 34 extend, see e.g. FIG. 3); a plurality of vehicle connectors (34) each affixable to at least one of the plurality of sides and configured to attach to the vehicle and maintain the base and the plurality of sides within the vehicle (capable of this use with an appropriate vehicle); and a reversible holder (38) comprising a holder top and a plurality of holder sides, the reversible holder configured to fit with the base and plurality of sides at a first position inside the vehicle (see, e.g. FIG. 1 positioning which will have it positioned inside of an appropriate vehicle when appropriately positioned) and additionally fit over one vehicle connector at a second position outside the vehicle (see, e.g. FIG. 2 position, which will have it positioned outside of an appropriate vehicle when appropriately positioned).
With Respect to Claim 10
The tray apparatus of claim 8, wherein the holder top comprises at least one opening (48) formed therein.
With Respect to Claim 12
The tray apparatus of claim 8, wherein the vehicle comprises a wagon comprising a left side and a right side, and one vehicle connector attaches to the left side and a second vehicle connector attaches to the right side (inasmuch as the structure is capable of this use with an appropriate wagon; for clarity, it is noted that the wagon is considered to be divided into two halves/sides, i.e. left and right sides, such that a front tubular bar located at/forming the top edge of the wagon body to which the tray apparatus may be attached has left and right sides, and 34 on one side attaches to the left side of this bar and 34 on the other side attaches to the right side of this bar; it is noted for clarity that the vehicle is clearly only functionally recited and so no teaching of an actual vehicle is required by the claim, and the position taken is that the tray apparatus is capable of use with this or other suitable vehicle/wagon structures capable of meeting the claim language).
With Respect to Claim 14
The tray apparatus of claim 12, wherein one vehicle connector comprises a holding clip fittable over one of the left side and the right side (both of the cylindrical members are clips to the extent claimed).
With Respect to Claim 15
A tray apparatus for use with a vehicle comprising: a base (28, 30, and related structure); a plurality of sides (sides from which 34 extend, see e.g. FIG. 3); a plurality of vehicle connectors (34, see, e.g. FIG. 3) each affixable to at least one of the plurality of sides and configured to attach to the vehicle (capable of this use); and a reversible holder (38) comprising a holder top and a plurality of holder sides (see, e.g. FIG. 1), the reversible holder configured to fit with the base and plurality of sides inside the vehicle(capable of this use with an appropriate vehicle, see FIG. 2 positioning); wherein the reversible holder is repositionable to fit over one vehicle connector outside the vehicle (capable of this use with an appropriate vehicle, see FIG. 1 positioning in which 38 extends over both vehicle connectors and will be outside of the vehicle if attached on an outer edge of the vehicle body)
With Respect to Claim 17
The tray apparatus of claim 15, wherein the holder top comprises at least one opening (48) formed therein.
With Respect to Claim 18
The tray apparatus of claim 15, wherein the vehicle comprises a wagon comprising a left side and a right side, and one vehicle connector attaches to the left side and a second vehicle connector attaches to the right side (inasmuch as the structure is capable of this use with an appropriate wagon; for clarity, it is noted that the wagon is considered to be divided into two halves/sides, i.e. left and right sides, such that a front tubular bar located at/forming the top edge of the wagon body to which the tray apparatus may be attached has left and right sides, and 34 on one side attaches to the left side of this bar and 34 on the other side attaches to the right side of this bar; it is noted for clarity that the vehicle is clearly only functionally recited and so no teaching of an actual vehicle is required by the claim, and the position taken is that the tray apparatus is capable of use with this or other suitable vehicle/wagon structures capable of meeting the claim language).
With Respect to Claim 20
The tray apparatus of claim 18, wherein one vehicle connector comprises a holding clip (34 is a clip to the extent claimed) fittable over one of the left side and the right side.
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.
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #8,534,520 to Liparoti (Liparoti) as applied to claim 3 or 10 above, and further in view of U.S. Patent #6,095,060 to Ma (Ma).
With Respect to Claim 4
The tray apparatus of claim 3, but does not disclose further comprising one holding apparatus below each of the at least one openings.
However, Ma discloses forming a similar vehicle attached pivoting cup holder (70) attached to a tray (14) having an opening and a holding apparatus (77 alone or in combination with 81 and related structure) below the opening (see, e.g. FIGS. 1 and 3) such that the holding apparatus supports the bottom of the cup during use and returns to a stored rest position when not in use.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Ma, to add a holding apparatus as taught by Liparoti to the cup holder/opening of Liparoti, in order to provide support for the bottom of the cup during use.
With Respect to Claim 11
The tray apparatus of claim 10, further comprising one holding apparatus positioned below each of the at least one openings.
Claims 1-5, 7-12, 14-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #4,512,607 to Rapp (Rapp) in view of U.S. Patent #6,095,060 to Ma (Ma).
With Respect to Claim 1
Rapp discloses a tray apparatus for use with a vehicle (capable of this use which is also the intended use, see e.g. abstract disclosing use with a wheelchair) comprising: a base (12) and two sides (left and right sides); a plurality of vehicle connectors (24, alone or in combination with 16 or in combination with 16 and 18) affixable to the two sides and configured to attach to the vehicle and maintain the base and two sides within the vehicle (capable of this use which is also the intended use, see e.g. abstract indicating use with a wheelchair(capable of this use which is also the intended use, see e.g. abstract indicating use with a wheelchair); but does not disclose a reversible holder comprising a holder top and a plurality of holder sides, the reversible holder configured to fit with the base and two sides at a first position inside the vehicle and additionally fit over one vehicle connector at a second position outside the vehicle.
However, Ma discloses forming a similar vehicle attached tray with a pivoting cup holder (70) attached to the tray (14) in order to allow for the cup holder to be pivoted out for use and pivoted inward to rest on the tray when not in use to allow for the structure to collapse for storage.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Ma, to add one or more pivoting cup holders as taught by Ma to the sides of the tray of Rapp, in order to obtain the benefits of a cup holder (and specifically the benefits of the Rapp cup holder) in addition to the tray (e.g. hands free holding of a cup in a ready access location without taking up space on the tray, securing the cup in position to prevent spilling, etc.).
As to the reversible holder configured to fit with the base and two sides at a first position inside the vehicle and additionally fit over one vehicle connector at a second position outside the vehicle, it is Examiner’s position that the holder will do so with an appropriate vehicle, e.g. a wheelchair having side arms/portions for attachment of the tray which are spaced at over the side edges of the tray (14) such that the holders pivot out over 18 and/or other portions of the vehicle connectors during use.
With Respect to Claim 2
The tray apparatus of claim 1, further comprising an additional reversible holder (Ma discloses one cup holder on each side which clearly renders obvious using one on each side as part of the combination and/or as a mere duplication of parts which does not patentably distinguish over the prior art (MPEP 2144.04)) comprising an additional holder top and a plurality of additional holder sides, the additional holder configured to fit with the base and two sides at an initial position inside the vehicle and additionally fit over a second vehicle connector at a further position outside the vehicle (the second reversible holder is capable of this use with an appropriately sized vehicle, e.g. a wheelchair having the sides such that the attachment location is at or beyond the side of the tray 12).
With Respect to Claim 3
The tray apparatus of claim 1, wherein the holder top comprises at least one opening formed therein (per Ma, see e.g. FIG. 1).
With Respect to Claim 4
The tray apparatus of claim 3, further comprising one holding apparatus (77 alone or in combination with 81 and related structure) below each of the at least one openings (see, e.g. Ma FIGS. 1 and 3).
With Respect to Claim 5
The tray apparatus of claim 1, wherein the vehicle comprises a wagon comprising a left side and a right side, and one vehicle connector attaches to the left side and a second vehicle connector attaches to the right side (capable of this use with an appropriate wagon).
With Respect to Claim 7
The tray apparatus of claim 5, wherein one vehicle connector comprises a holding clip (24) fittable over one of the left side and the right side.
With Respect to Claim 8
A tray apparatus for use with a vehicle comprising: a base (12) and a plurality of sides (e.g. left and right sides); a plurality of vehicle connectors (24, alone or in combination with 16 or in combination with 16 and 18) each affixable to at least one of the plurality of sides and configured to attach to the vehicle and maintain the base and the plurality of sides within the vehicle (capable of this use which is also the intended use, see e.g. abstract indicating use with a wheelchair); and a reversible holder (70 per Ma) comprising a holder top and a plurality of holder sides, the reversible holder configured to fit with the base and plurality of sides at a first position inside the vehicle and additionally fit over one vehicle connector at a second position outside the vehicle (per Ma, noting that on an appropriate sized wheelchair or similar vehicle the folded position on top of the tray will be inside the vehicle and the folded position outside of the tray will be outside of the vehicle/wheelchair).
With Respect to Claim 9
The tray apparatus of claim 8, further comprising an additional reversible holder (70 on the other side per Ma) comprising an additional holder top and a plurality of additional holder sides, the additional holder configured to fit with the base and plurality of sides at an initial position inside the vehicle and additionally fit over a second vehicle connector at a further position outside the vehicle (capable of this use as it will operate in the same fashion on the opposite side).
With Respect to Claim 10
The tray apparatus of claim 8, wherein the holder top comprises at least one opening formed therein (see, e.g. Ma FIG. 1).
With Respect to Claim 11
The tray apparatus of claim 10, further comprising one holding apparatus (77 alone or in combination with 81 and related structure) below each of the at least one openings (see, e.g. Ma FIGS. 1 and 3).
With Respect to Claim 12
The tray apparatus of claim 8, wherein the vehicle comprises a wagon comprising a left side and a right side, and one vehicle connector attaches to the left side and a second vehicle connector attaches to the right side (capable of this use with an appropriate wagon).
With Respect to Claim 14
The tray apparatus of claim 12, wherein one vehicle connector comprises a holding clip (24) fittable over one of the left side and the right side.
With Respect to Claim 15
A tray apparatus for use with a vehicle comprising: a base (12); a plurality of sides (e.g. left and right sides); a plurality of vehicle connectors (24, alone or in combination with 16 or in combination with 16 and 18) each affixable to at least one of the plurality of sides and configured to attach to the vehicle vehicle (capable of this use which is also the intended use, see e.g. abstract indicating use with a wheelchair); and a reversible holder (70 per Ma) comprising a holder top and a plurality of holder sides, the reversible holder configured to fit with the base and plurality of sides inside the vehicle; wherein the reversible holder is repositionable to fit over one vehicle connector outside the vehicle (per Ma, noting that on an appropriate sized wheelchair or similar vehicle the folded position on top of the tray will be inside the vehicle and the folded position outside of the tray will be outside of the vehicle/wheelchair and over the connector).
With Respect to Claim 16
The tray apparatus of claim 15, further comprising an additional reversible holder (the other 70 added per Ma on the opposite side) comprising an additional holder top and a plurality of additional holder sides, the additional holder configured to fit with the base and plurality of sides at an initial position inside the vehicle and additionally fit over a second vehicle connector at a further position outside the vehicle (capable of this use in the same fashion as the other holder, but on the opposite side).
With Respect to Claim 17
The tray apparatus of claim 15, wherein the holder top comprises at least one opening formed therein.
With Respect to Claim 18
The tray apparatus of claim 15, wherein the vehicle comprises a wagon comprising a left side and a right side, and one vehicle connector attaches to the left side and a second vehicle connector attaches to the right side (capable of this use with an appropriate wagon).
With Respect to Claim 20
The tray apparatus of claim 18, wherein one vehicle connector comprises a holding clip (24) fittable over one of the left side and the right side.
Claims 6, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #4,512,607 to Rapp (Rapp) in view of U.S. Patent #6,095,060 to Ma (Ma) as applied to claim 1, 8, or 15 above, and further in view of U.S. Patent #8,602,278 to Sweigart (Sweigart).
With Respect to Claim 6
The tray apparatus of claim 1, but does not disclose a particular attachment method and so does not disclose wherein each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides.
However, Sweigart discloses the use of a plurality of side tabs (noting left and right tabs forming dovetail connector 130, FIG. 1B) on each of a pair of vehicle connectors that are c-shaped clips similar to those of Rapp.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Sweigart, to attach the vehicle connectors (24) with a plurality of side tabs (i.e. dovetail connector 130 having a pair of side tabs surrounding a channel) connecting each vehicle connector to the two sides (via 18 and 20) for the art known benefits of this type of connection, in order to allow for removal for repair/replacement/cleaning/storage and/or as doing so constitutes at most merely making separable which does not patentably distinguish over the prior art (MPEP 2144.04), as a mere selection of an art appropriate connection mechanism to use or at most a mere substitution of one art known connection mechanism for another.
Alternately, it would have been obvious to attach the clip using a first dovetail connector portion (124) which also has a pair of side tabs to attach to a second dovetail connector (130) on 16 as a mere selection of an art appropriate location for each dovetail and/or a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04). It is noted that as shown 24 has a pair of sideward extending tabs just above the C of the clip, and so forming this as a pair of side tabs similar to 24 for a dovetail connection would also be obvious.
With Respect to Claim 13
The tray apparatus of claim 8, wherein each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides.
With Respect to Claim 19
The tray apparatus of claim 15, wherein each vehicle connector is formed with a plurality of side tabs connecting each vehicle connector to the two sides.
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