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 § 112
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 7-8 and 13-20 is 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.
Re: claim 7, Claim 7 recites “a third floor member… formed to be bent” on lines 1-3. It is unclear as to whether the third floor member is actually bent or is capable of or configured to be bent. For the purposes of examination, the examiner will interpret the third floor member as bent. Claim 8 depends on claim 7.
Re: claim 13, Claim 13 recites “a third floor member… formed to be bent” on lines 5-6. It is unclear as to whether the third floor member is actually bent or is capable of or configured to be bent. For the purposes of examination, the examiner will interpret the third floor member as bent. Claims 14-20 depend on claim 13.
Appropriate correction and/or clarification is required.
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.
(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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallagher et al. (Patent No. 9,126,630).
Re: claim 1, Gallagher teaches a side structure (Figs. 2-5) of a cargo box (Fig. 1 - 14) of a vehicle (10) including a cabin (12) where occupants board, the side structure comprising: a side external panel (22, 23) mounted outside the cargo box (14) to form an exterior of the cargo box provided behind the cabin (12); a side internal panel (46, 48) mounted inside the side external panel (22, 23) in the cargo box (14); a side upper member (Annotated Fig. 1 – upper member) mounted in a longitudinal direction (Annotated Fig. 1 – longitudinal direction) of the vehicle on an upper end portion of the side external panel or an upper end portion of the side internal panel (See Fig. 6); and a plurality of reinforcement members (Annotated Fig. 3 – reinforcements) (Fig. 9 - 80) mounted between the side external panel (22, 23) and the side internal panel (46, 48), wherein upper end portions of reinforcement members (Fig. 7a&7b – 100) are connected (See Note below) to the side upper member (Annotated Fig. 1 – upper member).
It is noted that the upper end portion of the reinforcement members of Gallagher are connected to the box pillars which are connected to the internal panel which is attached to the side upper member.
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Re: claim 2, Gallagher teaches wherein the side upper member (Annotated Fig. 1 – upper member) includes an open lower portion (Annotated Fig. 6 – open lower portion).
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Re: claim 4, Gallagher teaches wherein the plurality of reinforcement members (Annotated Fig. 3 – reinforcements) (Fig. 9 – 80) includes a front side member (Fig. 9 – 80 @ 24c) mounted at a front end portion of a side portion of the cargo box (See Fig. 1 & 9), and wherein an upper end portion of the front side member (100) is connected (See Note Below) to a front end portion (24c) of the side upper member (Annotated Fig. 1 – upper member).
It is noted that the upper end portion of the front side member of Gallagher are connected to the box pillars which are connected to the internal panel which is attached to the side upper member.
Re: claim 5, Gallagher teaches wherein a lower end portion (89) of the front side member (80 @ 24c) (See Fig. 8 & 9) is connected to (See Fig. 8 & 9) each of first (68A) and second end portions (68B) of a first floor member (64 @ 24C) mounted at a lower end portion of a front portion of the cargo box (See Fig. 9).
Re: claim 6, Gallagher teaches further including a second floor member (Annotated Fig. 3 – second floor member) spaced apart from the first floor member (64) to a rear side of the vehicle (See Fig. 1 & 3) and connected to a wheel house (Annotated Fig. 3 – wheel house).
Re: claim 9, Gallagher teaches wherein the plurality of reinforcement members includes a D post (Fig. 9 – 80 @ 24D) on which a tail gate (20) is provided at a rear end portion of the cargo box (See Fig. 1), and wherein an upper end portion (100) of the D post is connected to (See Note Below) a rear end portion (24D) of the side upper member (Annotated Fig. 1 – upper member).
It is noted that the upper end portion of the D post of Gallagher is connected to the box pillars which are connected to the internal panel which is attached to the side upper member.
Re: claim 10, Gallagher teaches wherein a lower end portion (89) of the D post (80 @ 24D) is connected to an end portion (68A) of a fourth floor member (64 @ 24D) mounted in a width direction of the vehicle at a lower end portion of a rear portion of the cargo box (See Fig. 2).
Re: claim 11, Gallagher teaches further including a front guard (Fig. 1 - 18) disposed in a width direction of the vehicle at an upper end portion of a front portion of the cargo box (14) (See Fig. 1) and including first (Annotated Fig. 1 – first end of front) and second end portions (Annotated Fig. 1 – second end of front) each connected to the side upper member (Annotated Fig. 1 – upper member).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher et al. (Patent No. 9,126,630) in view of Maverick Truck Club (NPL – blog - mavericktruckclub.com/forum/threads/installed-my-diy-bed-side-rails-today.26123/).
*Herein forth Maverick Truck Club will be referenced as MTC*
Re: claim 12, Gallagher teaches a side structure (Figs. 2-5) of a cargo box (Fig. 1 - 14) of a vehicle (10) including a cabin (12) where occupants board, the side structure comprising: a side external panel (22, 23) mounted outside the cargo box (14) to form an exterior of the cargo box provided behind the cabin (12); a side internal panel (46, 48) mounted inside the side external panel (22, 23) in the cargo box (14); a side upper member (Annotated Fig. 1 – upper member) mounted in a longitudinal direction (Annotated Fig. 1 – longitudinal direction) of the vehicle on an upper end portion of the side external panel or an upper end portion of the side internal panel (See Fig. 6); and a plurality of reinforcement members (Annotated Fig. 3 – reinforcements) (Fig. 9 – 80) mounted between the side external panel (22, 23) and the side internal panel (46, 48). Gallagher fails to teach a hook rail provided in the longitudinal direction of the vehicle under the side upper member.
However, MTC teaches a hook rail (Fig. 1 – hook rail) provided in the longitudinal direction (Longitudinal direction) of the vehicle under the side upper member (side upper member).
Gallagher and MTC are considered to be analogous to the claimed invention because both are in the same field of vehicle cargo boxes. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Gallagher’s internal panel with those of MTC’s hook rail in order to provide the advantage of additional attachment points.
Allowable Subject Matter
Claims 7-8 and 13-20 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.
Re: claim 7 & 13, the cited prior art whether in full or in combination fails to teach or reasonably suggest at the very least including a third floor member formed to be bent upward between the side external panel and the side internal panel. This is under the examiner’s interpretation that the third floor member is bent upward. Gallagher et al. discloses floor members; however, these floor members would require repositioning to not be located at the wheel well and then further modification to be elongated and bent upward such that it is positioned between the side external and the side internal panel. Claim 8 depends on claim 7 and claims 14-20 depend on claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pencak (US 2022/0379977 A1), Ni et al. (Patent No. 7,322,640), Womack et al. (Patent No. 7,222,913), and Semple et al. (Patent No. 6,702,365) disclose various vehicle cargo box structures with reinforcements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP C ADAMS whose telephone number is (571)272-3421. The examiner can normally be reached Monday-Thursday 7:30 - 4:00 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP C ADAMS/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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