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 § 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.
Claims 15-17, 21-22, and 25-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bradley (U.S. 2024/0002000A1).
Regarding claim 15, Senatro discloses an apparatus (10, fig. 1 and para 0037), comprising:
a skirt (18) that has an inner surface (see fig. 1); and
a bending member (14, 16; see figs. 1-4 and para 0037) that has a vertical length in a vertical direction (28, see fig. 2), wherein surfaces facing the inner surface along at least 30% of the vertical length of the bending member are non-parallel to the inner surface (see annotated fig. 4 below; also see figs. 3-5);
wherein the bending member (14, 16) is longer in the vertical direction than in a lateral direction (see figs. 3-5), and wherein the bending member (14, 16) is longer in the vertical direction than in a longitudinal direction (see figs. 3-5); and
wherein the bending member (14, 16) is configured for being deflected from an at rest position (see fig. 4) upon application of force to the skirt (18; refer to para 0043), and wherein the bending member (14, 16) is configured for returning on its own to the at rest position upon removal of the force from the skirt (refer to para 0043).
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Regarding claim 16, Senatro discloses wherein the at least 30% of the vertical length of the bending member is a non-parallel section that is a continuous section in the vertical direction (see annotated fig. 4 below; also see figs. 3-5).
Regarding claim 17, Senatro discloses wherein the non-parallel section has a single continuous concave surface (48; see fig. 11 and refer to para 0052) that directly faces the inner surface along an entire height of the non-parallel section in the vertical direction (see fig. 11).
Regarding claim 21, Senatro discloses an attachment device (“brackets”) configured to attach the bending member to an I-beam of a trailer (refer to para 0038).
Regarding claim 22, Senatro discloses wherein the bending member (14, 16) has a top portion (12), a middle portion (32 and part of 16), and a bottom portion (60; see fig. 3), wherein the top portion is located higher in the vertical direction than the middle portion and the bottom portion (see fig. 2), and wherein the middle portion (32) is located between the top portion (12) and the bottom portion (60) in the vertical direction (see fig. 2); and
wherein surfaces of the middle portion (around the upper section of 16) that face the inner surface are non-parallel to the inner surface (see annotated fig. 4 above), and wherein a space is defined between the inner surface and the middle portion in the lateral direction (see fig. 5).
Regarding claim 25, Senatro discloses wherein the least 30% of the vertical length of the bending member that does not have any surfaces parallel to the inner surface is a non-parallel section that has a convex part that directly faces the inner surface, and that has two concave parts that directly face the inner surface (see figs. 6-7).
Regarding claim 26, Senatro discloses wherein the at least 30% of the vertical length of the bending member is a non-parallel section that is not continuous in the vertical direction such that discontinuities are created by parallel sections of the bending member that have surfaces parallel to the inner surface (see figs. 3-7).
Regarding claim 27, Senatro discloses wherein the at least 30% of the vertical length of the bending member is spaced from the inner surface (see figs. 6-7).
Regarding claim 28, Senatro discloses wherein a majority of a total surface area of the bending member is non-parallel to the inner surface (see figs. 3-5).
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.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bradley (U.S. 2024/0002000A1) alone.
Regarding claim 18, Senatro discloses wherein surfaces facing the inner surface along at least a percentage of the vertical length of the bending member are non-parallel to the inner surface (see annotated fig. 4 below; also see figs. 3-5).
However, Senatro is silent to 50%.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least 50% of the vertical length of the bending member are non-parallel to the inner surface since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 19, Senatro is silent to wherein surfaces facing the inner surface along at least 70% of the vertical length of the bending member are non-parallel to the inner surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have surfaces facing the inner surface along at least 70% of the vertical length of the bending member are non-parallel to the inner surface since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Regarding claim 20, Senatro is silent to wherein surfaces facing the inner surface along at least 80% of the vertical length of the bending member are non-parallel to the inner surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have surfaces facing the inner surface along at least 80% of the vertical length of the bending member are non-parallel to the inner surface since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In other words, narrowing a general condition taught by the prior art to a specific numerical value has been held to be an obvious variation thereof. In re Aller, 105 USPQ 233. See MPEP 2144.04.
Allowable Subject Matter
Claims 23-24 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bradley (U.S. 2023/0415834A1), Boivin et al. (U.S. 2022/0126931A1), Bradley (U.S. 2020/0039587A1), Emery et al. (U.S. 2018/0093719A1), Boivin et al. (U.S. 2017/0274942A1), and Senatro (U.S. 9,211,919B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YANICK A AKARAGWE whose telephone number is (469)295-9298. The examiner can normally be reached M-TH 7:30-5:30.
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, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YANICK A AKARAGWE/Primary Examiner, Art Unit 3672
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