DETAILED ACTION
The following action is in response to the election and amendment filed for application 18/843,338 on August 4, 2026.
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 .
Election/Restrictions
Claims 17, 20-21, 25-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 4, 2026.
Please Note: applicant states that there is no structural difference between Figures 13-15 (i.e. Bending Member 1). This is acceptable and will be addressed in the drawing objections below.
Drawings
The drawings are objected to because Figure 13 shows an integral rib cover 12 and skirt 18, which is contrary to the claims and specification. Figures 14 and 15 show a separate rib cover and skirt, wherein the rib cover is outboard of the skirt in the lateral direction, as claimed. It is suggested that applicant amend Figure 13 to show the structure as claimed and disclosed.
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 § 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) 15, 19 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Senatro (US 20160068202). With regard to claim 15, Senatro teaches an apparatus, comprising: a skirt 102 that extends in a longitudinal direction, wherein the skirt has an inner surface; a rib cover 126 formed separately from and engaging the skirt, wherein the rib cover 126 is located outboard of the skirt 102 in a lateral direction (Fig. 6), and wherein the skirt 102 has a height in a vertical direction that is taller than a height of the rib cover 126 in the vertical direction (Fig. 6); and a bending member 103 that is configured for being deflected from an at rest position upon application of force to the skirt, wherein the bending member is configured for returning on its own to the at rest position upon removal of the force from the skirt (paragraph 64). With regard to claim 19, Senatro teaches the apparatus, wherein the rib cover 126 has a strength feature (beads; Fig. 6) that strengthens the rib cover, wherein the strength feature extends in a direction parallel to an edge of the rib cover (Fig. 2). With regard to claim 28, Senatro teaches the apparatus, further comprising an attachment device 132 that attaches the bending member to an I-beam 105 of a trailer.
Allowable Subject Matter
Claims 16, 18, 22-24 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the apparatus as claimed, and particularly wherein the rib cover has a planar upper surface having a surface normal that extends in the vertical direction, and wherein the rib cover has a strength feature located on the planar upper surface that strengthens the rib cover, and including the remaining structure of claim 16. The present invention also particularly includes the apparatus wherein the strength feature is spaced from and not in engagement with any lateral terminal ends of the rib cover in the lateral direction, and including the remaining structure of claim 18. The present invention also particularly includes the apparatus wherein the bending member engages the rib cover and is spaced from the skirt, wherein the bending member has a top portion, a middle portion, and a bottom portion, and wherein the top portion engages the rib cover, and including the remaining structure of claim 22. The present invention also particularly includes the apparatus, wherein the rib cover is located between the bending member and the skirt such that both the bending member and the skirt engage the rib cover, and including the remaining structure of claim 23. The present invention also particularly includes the apparatus, wherein a bolt extends through the bending member, the rib cover, and the skirt and functions to attach the bending member, the rib cover, and the skirt together, and including the remaining structure of claim 24.
Please Note: Should applicant amend claim 15 to be condition for allowance, it is suggested applicant cancel any withdrawn dependent claims that no longer read on the independent claims. Any withdrawn dependent claims that still read on an allowed independent claim will be rejoined.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brown (US 20100264690) has been cited to show a similar apparatus comprising: a skirt 30, a rib cover 44 that engages the skirt and is located outboard of the skirt (Fig. 6), wherein the skirt is longer than the rib cover (Fig. 6), and a bending member 42.
Boivin (US 8292351) has been cited to show a similar apparatus comprising: a skirt 32, a bending member 42 (Col. 9, lines 8-12), and a rib cover 40.
Mancina (US 20140072364) has been cited to show a similar apparatus comprising: a skirt 16B, a rib cover 20 and a bending member 70.
Morgan (US 20250083755), Morgan (US 20250171092), Baxter (US 20250178676), Morgan (US 20250187681), Bradley (US 12459582) and Bradley (US 12576924) have been cited to show similar apparatii from the same assignee and inventors that do not have double patenting issues.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROGER L PANG whose telephone number is (571)272-7096. The examiner can normally be reached M-TH 05:30-16:00.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
September 9, 2026
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