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 .
Examiner’s Comments
Amendment to the Specification filed on 11/08/2024 has been entered by the Examiner.
Amendment to the Specification filed on 10/28/2025 has NOT been entered by the Examiner due to new matter in paragraphs [0002.15] through [0002.18] no support in original Specification filed on 08/23/2024.
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, the buckling point (in claims 7 and 15) and second guide receptacle (in claims 5 and 6) 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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0005] should be deleted.
“bed construction 12” (in paragraphs [0036] and [0041]), “frame-shaped bed construction 12” (in paragraph [0036]) and “bed structure 12” (in paragraphs [0028], [0030], [0031], [0033]-[0037] and [0041]-[0043]); Also “bed construction” (in paragraph [0006], [0008]-[0013], [0015], [0021]).
“a bed element 14” (in paragraph [0030] and “a bed support 14”
(in paragraph [0030]).
“a first guide receptacle 29” (in paragraph [0038]) and “the first guide mount 29” (in paragraph [0039]) and “first guide receptacle” mentioned in claims 5, 6 and 12 so “mount” (occurs twice in paragraph [0039]) should be changed to –receptacle-- since receptacle is used in the claims.
“a second guide holder 30” (in paragraphs [0038] and [0039]) and
“the second guide mount 30” (in paragraph [0039]) and “second guide receptacle” is mentioned in claims 5, 6 and 12 and “the second guide holder” is mentioned in claim 6.
“kink point 35” (in paragraph [0041] and “bend point 35” (in paragraph [0041])
“part 36” (in paragraphs [0041], [0043] and [0044] and “upwardly pivoted part 36” (in paragraph [0042]) (also see “part” in claims 7 and 9 and “the upwardly pivoted part” in claim 8).
Appropriate correction is required.
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:
Regarding claim 1, “the bed structure and the frame are designed in such a way that in the projecting end position the access opening in the frame next to the bed structure is further unconvered” (in lines 7-8).
Regarding claim 11, “a chassis” (in line 2); “an RV body” (in line 3); a rail guide coupled to the roof frame; and a bed structure slidably coupled to the rail guide, wherein: the bed structure is slidable longitudinally between a normal position and a projecting end position; and the access opening is larger in the projecting end position than the normal position (in lines 7-12).
Regarding claim 15, “the bed structure is movable between a downwardly pivoted position and an upwardly pivoted position when pivoted about the buckling point” (in lines 3-4).
Regarding claim 16, “further comprising a bed lifting element to transition the bed structure between the downwardly pivoted position and the upwardly pivoted position” (in lines 1-2).
Regarding claim 17, “wherein the bed lifting element comprises a gas spring” (in lines 1-2).
Regarding claim 18, “wherein the bed structure extends beyond the roof frame when the bed structure is positioned in the projecting end position” (in lines 1-2).
The amendment filed 10/28/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
New matter in paragraphs [0002.1] and [0002.15] through [0002.18] of the amendments to the Specification. There is no support for these paragraphs in original Specification filed on 08/23/2024.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 1-10, 13 and 14 are objected to because of the following informalities:
Claim 1 recites the limitation "the roof" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 1, “unconvered” (end of claim 1) is misspelled.
Regarding claim 13, “a roof lifting element” (lines 1) should be changed to
--lifting elements-- (support in paragraph [0044] “lifting elements 43” and Figure 5 shows “two lifting elements 43”).
Claim 6 recites the limitation "the second guide holder" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the upwardly pivoted part" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 13, “a roof lifting element” (lines 1) should be changed to
--roof lifting elements-- (support in paragraph [0044] “lifting elements 43” and Figure 5 shows “two lifting elements 43”).
Regarding claim 14, “the roof lifting element” (lines 1) should be changed to –the roof lifting elements-- (support in paragraph [0044] “lifting elements 43” and Figure 5 shows “two lifting elements 43”) and “a gas pressure spring” (lines 1-2) should be changed to --gas pressure springs-- (support in paragraph [0044] lifting elements 43, which can be designed as gas pressure springs).
Appropriate correction is required.
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 1-18 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.
Regarding claim 1, “the bed structure and the frame are designed in such a way that in the projecting end position the access opening in the frame next to the bed structure is further unconvered” (in lines 7-8). “Uncovered” is not mentioned in the original Specification filed on 08/23/2024. What is meant by the bed structure is further uncovered? Is the bed structure still covered by the
pop-up roof structure? Where is the support for the bed structure is further uncovered in the original Specification? What Figure(s) show the bed structure is further uncovered shown?
Regarding claim 11, “the access opening is larger in the projecting end position than the normal position” (in lines 11-12) is not mentioned in the original Specification filed on 08/23/2024. Where in the Specification is this feature mentioned? What Figure(s) show this feature?
Regarding claim 15, “the bed structure is movable between a downwardly pivoted position and an upwardly pivoted position when pivoted about the buckling point” (in lines 3-4) is not mentioned in the original Specification filed on 08/23/2024. Where in the Specification is this feature mentioned? What Figure(s) show this feature?
Regarding claim 16, “further comprising a bed lifting element to transition the bed structure between the downwardly pivoted position and the upwardly pivoted position” (in lines 1-2) is not mentioned in the original Specification filed on 08/23/2024. Where in the Specification is this feature mentioned? What Figure(s) show this feature?
Regarding claim 17, “wherein the bed lifting element comprises a gas spring” (in lines 1-2) is not mentioned in the original Specification filed on 08/23/2024. Where in the Specification is this feature mentioned? What Figure(s) show this feature?
Regarding claim 18, “wherein the bed structure extends beyond the roof frame when the bed structure is positioned in the projecting end position” (in lines 1-2) is not mentioned in the original Specification filed on 08/23/2024.
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) 1-4, 10-11 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams US 10,596,954 B1.
Regarding claim 1, Williams US 10,596,954 B1, as understood, discloses a pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) for recreational vehicles (pick-up truck 10 shown in Figures 19A-20B; vehicle 50 shown in Figures 19A-20B) with a frame (an inner liner or tray 110 as shown in Figure 5) and at least one access opening (rectangular opening 110E as shown in Figure 5), which provides access to the roof by the frame (110), wherein: a bed structure (bed platform 104 shown in Figure 5; sliding bed platform 304 shown in Figure 20B) is provided; the bed structure (104, 304) is guided along a longitudinal direction at least indirectly on the frame (110) as shown in Figures 9 and 11; the bed structure (104, 304) is guided along the longitudinal direction via the frame (110); the frame (110) can be displaced out into a projecting end position (as shown in Figures 11 and 12A); and the bed structure (104, 304) and the frame (110) are designed in such a way that in the projecting end position (as shown in Figures 11 and 12A) the access opening (110E, 52) in the frame (110) next to the bed structure (104, 304).
Regarding claim 2, Williams discloses the pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) according to claim 1, wherein a roof shell (top 106 shown in Figure 7) is provided and the bed structure (bed platform 104 shown in Figure 5; sliding bed platform 304 shown in Figure 20B) is arranged in a normal position (shown in Figure 7) on the frame (an inner liner or tray 110 as shown in Figure 5) when the roof shell (top 106) is closed (shown in Figure 7), in which the bed structure (bed platform 104 shown in Figure 5; sliding bed platform 304 shown in Figure 20B) does not at least substantially protrude beyond the frame (an inner liner or tray 110 as shown in Figure 5) and is pushed out of the frame (an inner liner or tray 110 as shown in Figure 5) in the direction of the projecting end position (as shown in Figures 11 and 12A).
Regarding claim 3, Williams discloses the pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) according to claim 1, wherein the bed construction (bed platform 104 shown in Figure 5) is designed as a frame-shaped bed construction.
Regarding claim 4, Williams discloses the pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) according to claim 1, wherein a rail guide (slide rails 308 shown in Figure 21; column 6, lines 12-19) is formed between the bed structure (sliding bed platform 304 shown in Figure 20B) and the frame shown in Figure 21.
Regarding claim 10, Williams discloses a recreational vehicle (shown in Figures 18A, 18B, 20A and 20B) with a pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) according to claim 1.
Regarding claim 11, Williams, as understood, discloses recreational vehicle (RV) (shown in Figures 19A, 19B, 20A and 20B) comprising: a chassis (shown in Figures 19A, 19B, 20A and 20B); an RV body (shown in Figures 19A, 19B, 20A and 20B) comprising an RV roof (shown in Figures 19A, 19B, 20A and 20B), wherein the RV roof (camper shell 300 shown 19A, 19B, 20A and 20B) includes an access opening (opening 52 shown in Figure 21); and a pop-up roof (camper shell 300 shown in Figures 19A, 19B, 20B and 20B) comprising: a roof shell (shown in Figures 19A, 19B, 20B and 20B) movable between an opened position (shown in Figures 20A and 20B) and a closed position (shown in Figures 19A and 19B); a roof frame (shown in Figure 21) surrounding the access opening (opening 52 shown in Figure 21); a rail guide (slide rails 308 in column 6, lines 12-19 shown in Figure 21) coupled to the roof frame (shown in Figure 21); and a bed structure (sliding bed platform 304 shown in Figure 21) slidably coupled to the rail guide (slide rails 308 in column 6, lines 12-19 shown in Figure 21), wherein: the bed structure (sliding bed platform 304 shown in Figure 21) is slidable longitudinally between a normal position (in column 6, lines 1-30) and a projecting end position (when the bed platform 304 is slid forward and the tent 320 is deployed (FIGS. 20A, 20B), the tent may be accessed through the opening 52 in the roofing in column 6, lines 1-30); and the access opening (opening 52 shown in Figure 21) is larger in the projecting end position (when the bed platform 304 is slid forward and the tent 320 is deployed (FIGS. 20A, 20B), the tent may be accessed through the opening 52 in the roofing in column 6, lines 1-30) than the normal position (in column 6, lines
1-30).
Regarding claim 13, Williams discloses the RV (shown in Figures 1-3) of claim 11, further comprising a roof lifting element (gas struts 108 in column 3, lines 55-69 shown in Figure 3) to transition the roof shell (shown in Figure 3) between the opened position (shown in Figure 3) and the closed position (shown in Figures 1 and 2).
Regarding claim 14, Williams discloses the RV (shown in Figures 1-3) of claim 13, wherein the roof lifting element (gas struts 108 in column 3, lines 55-69 shown in Figure 3) comprises a gas pressure spring (gas spring also known as a gas strut or gas damper).
Allowable Subject Matter
Claims 5-9 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.
Claims 12 and 15-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, Williams discloses the pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) according to claim 4, but does not show wherein the bed structure has a first longitudinal strut and a second longitudinal strut, in that a first rail is provided on the first longitudinal strut, in that a second rail is provided on the second longitudinal strut, in that the frame has a first longitudinal side, the second longitudinal side is provided on the first longitudinal strut and the second longitudinal strut is provided on the second longitudinal strut has a first guide receptacle and a second longitudinal side, which has a second guide receptacle, and in that the bed structure is guided in the frame by the first rail engaging in the first guide receptacle and the second rail engaging in the second guide receptacle.
Claim 6 depends from claim 5.
Regarding claim 7, Williams discloses the pop-up roof (camper shell 100 shown in Figures 1-12A; camper shell 300 shown in Figures 19A-20B) according to claim 1, but does not show wherein the bed structure has at least one buckling point, and a first lifting strut of the bed structure and a second lifting strut of the bed structure can be bent at the bending point in such a way that a part of the bed structure can be pivoted upwards.
Claims 8 and 9 depends from claim 7.
Regarding claim 12, Williams does not show the bed structure comprising: a first longitudinal strut; and a second longitudinal strut; the roof frame comprising: a first guide receptacle; and a second guide receptacle, wherein: the first longitudinal strut of the bed structure is guided within the first guide receptacle of the roof frame; and the second longitudinal strut of the bed structure is guided within the second guide receptacle of the roof frame.
Regarding claim 15, Williams does not show wherein: the bed structure comprises a buckling point; and the bed structure is movable between a downwardly pivoted position and an upwardly pivoted position when pivoted about the buckling point.
Claims 16 and 17 depends from claim 15.
Regarding claim 18, Williams does not show wherein the bed structure extends beyond the roof frame when the bed structure is positioned in the projecting end position.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Vivek Koppikar can be reached at 571-272-5109.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
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