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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
The term ‘list’ in the specification has been taken, using a broadest reasonable interpretation standpoint (or dictionary definition), to generally to mean a band or strip of material. If applicant is opposed to this interpretation, applicant should make this known on the record and instead present the term redefined using their own lexicography.
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 more than one first fastener of claim 1; the two or more locking member assemblies of claim 5 in use with the locking assembly of claim 1; the two or more grooves of claim 5; the two or more grooves “receiving the two or more locking member assemblies” of claim 5; the first weight transfer/alignment element (35) and the second weight transfer/alignment element (25) cooperates to transfer and hold the weight of, and/or align, the object (20) attached to the carrier (30) of claim 9; the third fastener of claim 12 securing the second fastener to the carrier; the strap fastening element of claim 13; the securing connector/strap of claim 13; the ‘blind’ casing profile list of claims 19 and 21; the blind list for being attached to an object to be detachably fastened of claim 19; the blind profile list (1101) is arranged at a lower end of the rear side of the object (20) of claim 19; the tail gasket closing a gap between the tail gasket and the atop of the tailgate of claim 19; the blind casing profile list being arranged at a lower end of a rear side of the object facing an upper end of the tailgate of claim 21 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters 3, 3’, and 35’ have all been used to designate the horizontal bottom side profile list.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters 2, 35” have both been used to designate the vertical bottom side profile list.
The drawings are objected to because:
As set forth above multiple reference numerals have been used to identify the same feature. It is unclear the distinction between, for example, 3 and 3’ in FIG.4.
The two or more grooves 3” (see page 11, line 18 of the specification) are not readily apparent from what is shown in FIG. 4. That is, FIG.4 is apparently only pointing to the bottom surface of the profile list 3’ and not to “two or more” grooves. No “grooves” are apparent from the drawing figures.
In FIG.4, reference numbers 3 and 3’ appear to be pointing to the same feature and it is unclear why different/distinct numerals are being used in each of this figure. In addition in FIG.4, the element 3’ is shown but when the circle is enlarged what is shown in element 3” instead. It is unclear if 3’ and 3” are intended to be one and the same element or distinct.
In FIG.5, there is a distinction between numerals 3 and 3’ but is unclear what is intended to be illustrated in this drawing figure.
In FIG.6, the difference between elements 35 and 35’ is unclear. In the specification, 35’ represents the horizontal bottom side profile list while 35 represents the first weight transfer/alignment element. Both lead lines for these numerals appear to be pointing to the same object/feature of the invention. Clarification is requested.
In FIGS. 6 and 10, two separate components are apparently shown using the same reference numeral 33’. That is, in FIG.6 the item shown at 33’ is not apparently the same as that which is shown in FIG. 10. Clarification is requested.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 3’ has been used to designate both the horizontal bottom side profile list and “two or more locking member assemblies (as at page 11, line 15).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 24 has been used to designate both the “second corresponding connecting element” and “a fourth fastening means”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 33” (form). Perhaps numeral 33’ in FIG.6 should be 33” instead.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 1101.
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
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are:
Throughout the specification multiple numerals are used to identify the same feature which is inappropriate and confusing. For example, the horizonal bottom side profile list is given three distinct identifiers 3, 3’, and 35’ while the vertical bottom side profile list alternatively is given two, namely 2 and 35”. If two distinct parts make up the vertical bottom side profile list this should be made known. If these are in fact different or alternative embodiments, this should be clearly set forth. As seen on page 11, lines 12-14, at least one alternative embodiment is noted with the horizontal and vertical bottom side profile lists forming one unified (combined) profile list but it is unclear if other alternatives are envisioned. Further explanation and clarification are requested.
On page 1, line 8, the specification refers to “the independent claims” which is inappropriate language as throughout prosecution the claims may change.
On page 11, lines 15-25 are not a complete sentence and is confusing. At page 11, line 15, reference numeral 3’ is used to describe “two or more locking member assemblies” where previously in the specification this reference number was a “horizontal bottom side profile list”.
Reference numeral 3’ is being used in the specification to designate both the horizontal bottom side profile list and “two or more locking member assemblies (as at page 11, line 15).
Reference numeral 24 is being used in the specification to designate both the “second corresponding connecting element” and “a fourth fastening means”.
Appropriate correction is required.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities: on line 11, “being” should be changed to “is” for clarity. Appropriate correction is required.
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 1-22 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 pre-AIA the applicant regards as the invention.
Regarding claim 1 and claim 20, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 1, there is an inconsistency between the language in the preamble which sets forth that the claim is directed to a subcombination and line 10reciting a combination in that the “horizontal bottom side profile list is fastened to the carrier” is positively recited as being (fastened to the carrier), thereby making the scope of the claim indefinite and unclear. Applicant is required to clarify what subject matter the claim is intended to be drawn to, i.e., combination or subcombination, and to amend the language of the claim to be consistency with this intent. For the purpose of treating the claims based upon prior art, the claims have been treated as combination claims. If applicant amends the claims to be directed to the subcombination, any indication of allowable subject matter will have to be reevaluated accordingly.
Throughout the claims the use of the “/” in the language is awkward and confusing as to what applicant is attempting to recite. Each instance is indefinite and should be modified. This includes at least instances at claim 1, lines 1-2; claim 9, lines 3-4, 5-6, and 7-8; claim 11, line 2; claim 13, line 3; and claim 14, lines 3 and 13.
Claim 5 is indefinite because it recites two or more locking member assemblies which lacks antecedent basis in the claim. Previously “a casing profile locking assembly” was recited in claim 1 and it is unclear if the locking assemblies of claim 5 are intended to refer back or not. Claim 5 is further indefinite because it is entirely unclear how the lock member connecting element works in conjunction with the elements previously presented in claim 1. It is unclear if the two or more locking member assemblies are intended to represent a different or distinct embodiment as an alternative to that which was presented in claim 1.
Additionally for claim 5, the recitation of the two or more grooves for receiving the two or more locking member assemblies is unclear. That is, the grooves are not apparently shown and it is unclear how a locking member assembly can be received therein and function with the elements of claim 1 from which this claim indirectly depends.
Claim 9 is indefinite because it is unclear how the recite elements (shown as “25” and “35” in the drawing figures and not further described in the specification) perform the function recited to cooperates to transfer and hold the weight of, and/or align, the object (20) attached to the carrier (30). The boundaries of the functional language are unclear because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim so it is unclear whether the function requires some other structure. Thus, one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. See MPEP 2173.05(g) for more information.
Claim 11 recites the limitation "any” of a top side of side and front bed panel which is indefinite because it is unclear what applicant intends to recite with the phrase “any”. The term can be interpreted as “one” or “some” or “both”. Because the claim language is susceptible to two equally reasonable interpretations, the claim language is ambiguous, and, thus, indefinite. See Ex parte Miyazaki, 89 USPQ2d 1207, 1215 (BPAI 2008) (precedential) and Ex parte Whitney (PTAB 2013).
Claim 11 recites the limitation “a topside” in line 4 which lacks antecedent basis where on the same line “a top side” is previously recited. It is unclear if these elements are one and the same or distinct.
Claim 12 recites a third fastener for further securing the second fastener to the carrier however, the boundaries of the functional language are unclear because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim, i.e., a third fastener, so it is unclear whether the function requires some other structure or is simply a result of operating the fastener in a certain manner. The specific manner is not recited or disclosed in the specification. Thus, one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. See MPEP 2173.05(g) for more information.
Claim 13 recites a strap fastening element providing fastening configured to fasten a securing connector/strap to the carrier which is unclear and indefinite. Here again for claim 13, the boundaries of the functional language are unclear because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim, i.e., a strap fastening element, so it is unclear whether the function requires some other structure or is simply a result of operating the fastening element in a certain manner. The specific manner is not recited or disclosed in the specification. Thus, one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. See MPEP 2173.05(g) for more information.
Claim 14 lacks antecedent basis where it recites “a side panel” in lines 7-8 because “side…panel” is previously recited on line 4; with the recitation of “a front panel” in line 10 where the limitation is previously recited on line 4; and “a top side” in line 12 where the limitation is previously recited on line 4.
Claim 17 recites the one or more roof casing profile list arranged “at a different side of the object facing the casing profile locking assembly arranged on the carrier” which is awkwardly phrased and unclear. Specifically, applicant is apparently attempting to recite that the roof casing profile list is arranged at “a different side” of the object than “the side” facing the locking assembly. The side of the object facing the locking assembly is at a bottom side of the object while the side at which the roof casing profile list is provided is at a top side. The phrasing of the limitation should perhaps be re-worded for clarity.
Claim 20 recites “a carrier” in line 4 which lacks antecedent basis in the claim as the preamble recites “a carrier”. Claim 20 is further indefinite because the claim recites one or more casing profile lists according to claim 1 but claim 1 is not directed solely to casing profile lists but to a fastening assembly. Claim 20 is indefinite because it is unclear if applicant is picking and choosing only one or a certain element from claim 1 or intends to incorporate claim 1 in its entirety. Specifically claim 20 further recites mounting one or more horizontal bottom side profile lists and one or more vertical bottom side profile lists both of which lack antecedent basis as these features are recited in claim 1 from which this claim depends. Clarification is requested. For the purposes of examination on the merits, claim 20 will be interpreted as a method for fastening using the fastening assembly of claim 1 in its entirety. Applicant is advised to review claim 20 such that the recitations to limitations recited in claim 1 (including the horizontal and vertical bottom side profile lists) have proper antecedent basis.
Claim 22 recites the one or more roof casing profile list is fastened to an upper portion of the object “at an opposite side of the object facing the casing profile locking assembly arranged on the carrier” which is awkwardly phrased and unclear. Specifically, applicant is apparently attempting to recite that the roof casing profile list is fastened at “a different side” of the object than “the side” facing the locking assembly. The side of the object facing the locking assembly is at a bottom side of the object while the side at which the roof casing profile list is provided is at a top side. The phrasing of the limitation should perhaps be re-worded for clarity.
Claim 19 is indefinite as it recites a “blind” casing profile list which is unclear as to what applicant intends to recite with this term. The description is not a term of the art in this particular area nor has applicant redefined the term in the specification. Further clarification is requested.
For claim 19, the entire mechanism by which a gap between the tailgate gasket and the top of the tailgate is closed is unclear. The description is not adequate to provide a clear understanding nor is the illustration at FIG.16 in combination with FIG.22. There is no cross-sectional view illustrating the profile list with respect to the tailgate.
Claim 21 is indefinite as it recites a “blind” casing profile list and it is unclear what applicant means with the recited term. The descriptor “blind” is not a term of the art in this particular area nor has applicant redefined the term in the specification. Further clarification is requested and the claim will be treated on the merits as best understood.
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 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 1-2, 4, 6, 15, and 20-21, as best understood, are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Love.
For claim 1, Love (5765902) discloses a fastening assembly for use in a carrier (FIG.2) such as a pick- up/truck bed comprising:
one or more casing profile lists (60,62) attached to an object (60) to be detachably fastened,
the one or more casing profile lists (60,62) arranged at a side of the object (60, FIG.2) facing a casing profile locking assembly arranged on the carrier, and
the casing profile locking assembly comprising:
a horizontal bottom side profile list (16); and
a first fastener (22,70) for holding the horizontal bottom side profile list,
wherein the horizontal bottom side profile list (22) is fastened to the carrier, and is arranged to receive the one or more casing profile lists (at a bottom portion thereof and at lip 66), and
a vertical bottom side profile list (12,14) is arranged to interact with the horizontal bottom side profile list (16) for fastening the one or more casing profile lists in a locking grip.
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For claim 2, wherein the one or more casing profile lists (60,62) comprise a first connecting element (lip 66), and
the horizontal bottom side profile list (16) comprises a first corresponding connecting element (not numbered, FIG.4) for interacting in a guiding operation with the first connecting element (66).
For claim 15, wherein the first connecting element (66), and the first corresponding connecting element of the horizontal bottom side profile list (16) comprise a protrusion interacting with a groove.
For claim 4, wherein the horizontal bottom side profile list and the vertical bottom side profile list are provided in a combined bottom side profile list (in that the two components interact together in a combined fashion).
For claim 6, wherein the first fastener comprising:
a vertical downward pulling fastening element (22) for holding the horizontal bottom side profile list (16) in a vertical direction to the carrier; and
a horizontal working fastening element (70) for aligning and holding the horizontal bottom side profile list (16) in a horizontal direction relative the carrier.
For claim 20, Love inherently discloses the recited method of use.
Claims 1-3, 9, 15-16, and 20, as best understood, are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Wheatley (5310238) as seen in FIG.2.
For claim 1, Wheatley discloses a fastening assembly for use in a carrier (10) such as a pick- up/truck bed comprising:
one or more casing profile lists (20) attached to an object (14) to be detachably fastened,
the one or more casing profile lists (20) arranged at a side of the object (14) facing a casing profile locking assembly (26,36) arranged on the carrier (10), and
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the casing profile locking assembly (26,36) comprising:
a horizontal bottom side profile list (26); and
one or more of a first fastener (42) for holding the horizontal bottom side profile list,
wherein the horizontal bottom side profile list (26) is fastenable to the carrier (10), and is arranged to receive the one or more casing profile lists (20), and
a vertical bottom side profile list (36) is arranged to interact with the horizontal bottom side profile list for fastening the one or more casing profile lists in a locking grip.
For claim 2, the casing profile lists (20) comprise a first connecting element (32,48), and the horizontal bottom side profile list (26) comprises a first corresponding connecting element for interacting in a guiding operation with the first connecting element (32,48).
For claim 3, the casing profile lists (20) comprise a second connecting element (72), and the vertical bottom side profile list (36) comprises a second corresponding connecting element (40) for interacting in a locking grip with the second connecting element (72).
For claim 9, as best understood, the horizontal bottom side profile list (26) further comprises a first weight transfer/alignment element (at 48), the vertical bottom side profile list (36) further comprises a second weight transfer/alignment element (40), and
the first weight transfer/alignment element and the second weight transfer/alignment element cooperates to transfer and hold the weight of, and/or align, the object (14) attached to the carrier.
For claim 15, the first connecting element (48), and the first corresponding connecting element of the horizontal bottom side profile list (26) is composed of comprise a protrusion interacting with a groove (see where the angle of the edge 48 interacts with the corresponding angle (in 26).
For claim 16, the second connecting element (72), and the second corresponding connecting element (40) of the vertical bottom side profile list (36) is composed of comprise a protrusion (40) interacting with a groove (72).
For claim 20, Wheatley inherently discloses the recited method of use.
Claims 1, 17-18, 20, and 22, as best understood, are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Williams (8668125).
For claim 1, Williams discloses a fastening assembly (FIG.2) for use in a carrier (FIG.1) such as a pick- up/truck bed comprising:
one or more casing profile lists (26) attached to an object (28,30) to be detachably fastened,
the one or more casing profile lists arranged at a side of the object facing a casing profile locking assembly arranged on the carrier, and
the casing profile locking assembly comprising:
a horizontal bottom side profile list (44,48 as part of 42); and
one or more of a first fastener (50,52) for holding the horizontal bottom side profile list,
wherein the horizontal bottom side profile list is fastened to the carrier, and is arranged to receive the one or more casing profile lists (26), and
a vertical bottom side profile list (46 as part of 42) is arranged to interact with the horizontal bottom side profile list for fastening the one or more casing profile lists (26) in a locking grip.
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For claim 17, further comprising:
one or more roof casing profile lists (30, FIG.1 and FIG.5) for being attached to the object to be detachably fastened,
the one or more roof casing profile lists is arranged at a different side of the object than that facing the casing profile locking assembly arranged on the carrier;
a horizontal top side profile list (84); and
a vertical top side profile list (82) for being arranged to interact with the horizontal top side profile list for gripping the one or more roof casing profile lists in a locking grip.
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For claim 18, further comprising: a fourth fastener (80) for securing a further object to the one or more roof casing profile lists.
For claim 20, Williams inherently discloses the recited method of use.
For claim 22, further comprising:
fastening one or more roof casing profile lists (30) to an upper portion of the object (28) at an opposite side of the object than the side facing the casing profile locking assembly arranged on the carrier; and arranging a fourth fastener (32, FIG.5) for securing a further object to the one or more roof casing profile lists (30).
Claims 1, 6-8, 10, and 12-13, as best understood, are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Wheatley (5301913).
For claim 1, Wheatley discloses a fastening assembly (FIG.2) for use in a carrier (FIG.1) such as a pick- up/truck bed comprising:
one or more casing profile lists (20) attached to an object (16) to be detachably fastened,
the one or more casing profile lists arranged at a side of the object facing a casing profile locking assembly arranged on the carrier, and
the casing profile locking assembly comprising:
a horizontal bottom side profile list (horizontal portion of 12); and
one or more of a first fastener for holding the horizontal bottom side profile list,
wherein the horizontal bottom side profile list is fastened to the carrier, and is arranged to receive the one or more casing profile lists (20), and
a vertical bottom side profile list (26,28) is arranged to interact with the horizontal bottom side profile list for fastening the one or more casing profile lists in a locking grip.
For claim 6, the first fastener (34,70) comprising:
a vertical downward pulling fastening element (70) for holding the horizontal bottom side profile list in a vertical direction to the carrier; and
a horizontal working fastening element (34,54) for aligning and holding the horizontal bottom side profile list in a horizontal direction relative the carrier.
For claim 8, the horizontal working fastening element (54) comprises:
a horizontal holding element (54) arranged in a second fastener (14); and
a second receiving groove (38) arranged longitudinally in a first side of the horizontal bottom side profile list,
the second receiving groove (38) having a form to receive and hold the horizontal holding element (pocket 37 receives 54).
For claim 7, the vertical downward pulling fastening element (70) comprises:
a vertical holding element (70) arranged in a second fastener (14); and
a first receiving groove (38) arranged longitudinally in an underside of the horizontal bottom side profile list (horizontal portion of 12),
the first receiving groove (38) having a form to receive (FIG.2, pocket 38 receives bolt 70) and hold the vertical holding element (70).
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For claim 10, the second fastener (14) comprises: the vertical holding element (70); a horizontal holding element (36) arranged in the second fastener; and
a carrier fastening element (56) for fastening the second fastener (14) to the carrier.
For claim 12, wherein the second fastener (14) comprises: a third fastener (base portion 36 and clamping portion 56) for further securing the second fastener to the carrier.
For claim 13, the third fastener comprises a strap fastening element (74) providing fastening configured to fasten a securing connector/strap to the carrier.
Claims 1-2, 4, 6, 15, and 20, as best understood, are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Hathaway (5584521) as seen in FIG.14.
For claim 1, Hathaway discloses a fastening assembly (FIG.14) for use in a carrier such as a pick- up/truck bed (200, 202) comprising:
one or more casing profile lists (126’) attached to an object (300,301) to be detachably fastened,
the one or more casing profile lists (126’) arranged at a side of the object facing a casing profile locking assembly arranged on the carrier (200), and
the casing profile locking assembly comprising:
a horizontal bottom side profile list (horizontal part of 120’); and
one or more of a first fastener (122’b,122’d) for holding the horizontal bottom side profile list,
wherein the horizontal bottom side profile list is fastened to the carrier, and is arranged to receive the one or more casing profile lists (via locking bar, not shown, in channel 131), and
a vertical bottom side profile list (vertical part of 120’) is arranged to interact with the horizontal bottom side profile list for fastening the one or more casing profile lists in a locking grip.
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For claim 2, the casing profile lists (126’) comprise a first connecting element (233,133), and the horizontal bottom side profile list comprises a first corresponding connecting element for interacting in a guiding operation with the first connecting element (via bar, not shown).
For claim 4, the horizontal bottom side profile list and the vertical bottom side profile list are provided in a combined bottom side profile list (FIG.14).
For claim 6, the first fastener (122’b,d) comprising:
a vertical downward pulling fastening element (122’b) for holding the horizontal bottom side profile list in a vertical direction to the carrier; and
a horizontal working fastening element (122’d) for aligning and holding the horizontal bottom side profile list in a horizontal direction relative the carrier (the element interacting with 208’c).
For claim 15, the first connecting element (233,133), and the first corresponding connecting element of the horizontal bottom side profile list is composed of comprise a protrusion interacting with a groove (see FIG.14 channel 131 which has protrusions/surfaces to interact with bar, not shown).
For claim 20, Hathaway inherently discloses the recited method of use.
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 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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Love or Hathaway as set forth above for claim 20 in view of Pirhonen (5165750).
Pirhonen teaches the use of a profile list on all sides of an object including a tailgate of the carrier. As seen in FIG.2, the profile list on the tailgate side does not include latches (30) and in this fashion is considered blind.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for use with Love or Hathaway, a profile list as taught by either reference which is blind as provided by Pirhonen for use at the tailgate of the carrier in order to provide support for the object without the need for the requirements of fastening to the side panels.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Love as set forth above for claim 1.
For claim 14, the carrier is a pick-up truck/lorry bed (FIG.2) having the horizontal bottom side profile list (16) arranged on a top side of side, and
the object (60,62) is a container having mounted: on an underside of the object, two longitudinal parallel running casing profile lists (Col 2, lines 15-21) for being cooperating with the horizontal bottom side profile list (16) arranged on the side panel.
Love discloses the frame extends around “the lower perimeter of the cap”, Col 2, lns 15-21) and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided on a forward facing underside of the object, a further profile list (as the conventional pick-up truck includes a ledge portion and downturned flange around an entire periphery thereof) for being cooperating with the horizontal bottom side profile list (16) arranged on a front panel, and a second fastener arranged on the a top side of a side bed panel of the side and front bed panel of the pick-up truck/lorry bed in order to allow for securement of the arrangement on all sides of the periphery of the truck cap and truck bed.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hathaway as set forth above for claim 1.
For claim 14, Hathaway discloses (Col 10, lines 14-18) that FIGS.28-29 illustrate the means for attachment of side mounted cargo components (213,215) to the rail system of FIG.14.
FIG.29 shows mating portions (217,219) for cargo compartment (215) fits into inboard channels (145, 147) of unitary fill rail/base rail (122’).
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Hathaway, for claim 14, provides the carrier is a pick-up truck/lorry bed (200,202) having the horizontal bottom side profile list is arranged on a top side of side and front bed panel (208’), and the object (215) is a container (FIG. 28) having mounted:
on an underside of the object, two longitudinal parallel running casing profile lists for cooperating with the horizontal bottom side profile list (at 217,219) arranged on a side panel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided an additional container at a front wall for Hathaway as taught on the side walls in order to provide additional storage.
Hathaway provides a further profile list (FIG.34) for cooperating with the horizontal bottom side profile list arranged on a front panel (see 204 in FIG.1), and
Hathaway, as modified above, provides a second fastener (122’b,122’d) is arranged on a top side of a side bed panel of the side and front bed panel (55, 55') of the pick-up truck/lorry bed.
Allowable Subject Matter
Claim 5, 11, 19 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 primary indication of allowable subject matter for the claims in this application is the inclusion in the respective dependent claim of the specific: grooves and locking member, carrier fastening element, and tail gasket in combination with the other elements recited which is not found in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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