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 § 102
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, 8, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 11,072,270 B2).
As for claim 1, Yang discloses a trailer, comprising: a trailer body (104), comprising a chassis and a bodywork; at least one wheel axle (103) for at least one pair of wheels; and at least one track (202) wherein a first part of the track is substantially parallel to the plane defined by the chassis and wherein a second part of the track extends under an angle with respect to said plane (Fig. 2); wherein the first part of the track is connected to the chassis and wherein the second part of the track is connected to the bodywork; wherein the at least one wheel axle is coupled to the trailer body via the at least one track; and wherein the wheel axle is displaceable over said track at least between: an initial position, wherein at least part of the wheel axle is positioned substantially underneath the chassis (Fig. 1); and a stowed position, wherein the wheel axle is positioned outside a plane defined by the chassis (Figs. 2 and 3).
As for claim 2, Yang discloses, in the stowed position, the wheel axle positioned outside a printout of a plane defined by the chassis (Fig. 2).
As for claim 3, Yang discloses at least part of the track substantially parallel to the plane defined by the chassis (Fig. 1).
As for claim 4, Yang discloses the bodywork of the trailer defined by multiple side walls and wherein the second part of the track is connected to a side wall of the bodywork (Fig. 2).
As for claim 8, Yang discloses at least one securing element configured to secure at least one wheel axle with respect to the track at least in the initial position and comprising at least one stowed position securing element configured for securing at least one wheel axle in the stowed position. Yang discloses the wheel axle in each of the recited positions. Since Yang discloses driving in the initial position and loading in the stowed position, it is implied that the axle is secured in said positions and not free to move.
As for claims 13 – 14, Yang discloses at least one detachable and/or displaceable guard detachably connectable to the chassis (column 4, lines 33 – 38).
Claim(s) 1 – 4, 6 – 8, 10, 11, and 22 – 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Portilla (US 5,380,029).
As for claim 1, Portilla discloses a trailer, comprising: a trailer body (10), comprising a chassis and a bodywork; at least one wheel axle (14) for at least one pair of wheels; and at least one track wherein a first part of the track (12) is substantially parallel to the plane defined by the chassis and wherein a second part of the track (44) extends under an angle with respect to said plane (Fig. 2); wherein the first part of the track is connected to the chassis and wherein the second part of the track is connected to the bodywork; wherein the at least one wheel axle is coupled to the trailer body via the at least one track; and wherein the wheel axle is displaceable over said track at least between: an initial position, wherein at least part of the wheel axle is positioned substantially underneath the chassis (Fig. 7A); and a stowed position, wherein the wheel axle is positioned outside a plane defined by the chassis (Fig. 7D).
As for claim 2, Portilla discloses, in the stowed position, the wheel axle positioned outside a printout of a plane defined by the chassis (Fig. 7D).
As for claim 3, Portilla discloses at least part of the track substantially parallel to the plane defined by the chassis (Fig. 7A).
As for claim 4, Portilla discloses the bodywork of the trailer defined by multiple side walls and wherein the second part of the track is connected to a side wall of the bodywork (Fig. 7D).
As for claim 6, Portilla discloses the at least one track being extendable in length (see Fig. 7D).
As for claim 7, Portilla discloses at least two track rails (12).
As for claim 8, Portilla discloses at least one securing element (66, locked in a retracted position) configured to secure at least one wheel axle with respect to the track at least in the initial position and comprising at least one stowed position securing element (64) configured for securing at least one wheel axle in the stowed position.
As for claim 10, Portilla discloses a right axle part and a left axle part which can be mutually connected at least in the initial position (see 18).
As for claim 11, Portilla discloses at least two wheel axles (Fig. 2), wherein each wheel axle is coupled to the trailer body via at least one track and wherein each wheel axle is displaceable over at least part of the track at least between an initial position, wherein at least part of the wheel axles are positioned substantially underneath the chassis and a stowed position, wherein the wheel axle are positioned outside a plane defined by the chassis.
As for claim 22, Portilla discloses an unpowered trailer (note that Portilla discloses a “compartment of a cargo container or trailer, as conventionally used in the trucking industry”, column 3, lines 19 – 21, and discloses no power components).
As for claim 23, Portilla discloses at least one control unit which is configured to control at least the displacement of at least one wheel axle with respect to the track (Fig. 8).
As for claim 24, Portilla discloses at least one displacement element configured to enable displacement of least one wheel axle with respect to the track, via at least one actuator (see column 4, lines 57 – 63).
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 – 14 and 16 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 11,072,270 B2) in view of Stromberg (US 5,050,897).
As for claim 12, Yang discloses at least one extendable support member (203) for supporting the trailer body, wherein the extendable support member is displaceable between an extended position and a retracted position. Stromberg discloses a pair of extendable support members (18). It would have been obvious to one of ordinary skill in the art to merely duplicate the extendable support member so as to provide a pair in order to support the trailer body in multiple places.
As for claims 13, 14, and 16, Stromberg discloses a guard connected to an axle and displaceable along with the axle between a driving configuration, wherein the guard is positioned at the rear end of the trailer (see 15, Fig. 13), and a parked configuration, wherein the guard is positioned outside a plane defined by the chassis (Fig. 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the trailer of Yang to include a rear guard, as taught by Stromberg, to protect surrounding vehicles during a collision.
As for claim 17, Stromberg discloses a rear guard displaceable with the axle. When modifying the axle of Yang to include the guard of Yang, said guard would necessarily also be displaceable along the track.
As for claim 18, the guard is coupled to the chassis via the coupling element that couples the axle to the chassis.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 11,072,270 B2) in view of Helou (US 11,167,682).
Yang meets all the limitations of the claimed invention, but do not disclose locking elements or an expandable trailer body.
As for claim 19, Helou discloses a locking element for locking a wheel with respect to a wheel axle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a locking element to prevent undesirable movement of the wheels in the storage position or rolling of the trailer in the initial position (column 24, lines 47 – 48).
As for claim 20, Helou discloses a trailer body with an expandable volume (Fig. 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the trailer body of Yang to be expandable, as taught by Helou, in order to accommodate different loads.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katy M Ebner whose telephone number is (571)272-5830. The examiner can normally be reached Monday - Thursday, 9 a.m. - 3 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver can be reached at (303)297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Katy M Ebner/Primary Examiner, Art Unit 3613
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