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 .
Drawings
The drawings are objected to because all Figures have poor line quality, and thus do not meet the requirements of 37 CFR 1.84(L). The drawings appear to be the direct output of a CAD software, thus resembling photographs, which are only accepted when they “are the only practicable medium for illustrating the invention” (37 CFR 1.84(b)(1)). In this case, black and white line drawings are required. Additionally, the line drawings must not contain grayscale elements, as grayscale elements cause image degradation in the USPTO electronic filing system. Drawings must be entirely bi-tonal, containing only black or white color values. 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
The use of the term “Wisa Hex Birch Play”, which is a trade name or a mark used in commerce, has been noted in this application (see Paragraph 0047). The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Additionally, it is noted that the term “Wisa Hex Birch Play” does not appear to be accurate. An internet search for “Wisa Hex Birch Play” did not produce results. It is likely that the intended terminology is “WISA®-Hexa plywood.” See screen capture below.
The disclosure is objected to because of the following informalities:
Paragraph 0059, line 10, “removal” should be changed to --removable--.
Paragraph 0059, line 12, “removal” should be changed to --removable--.
Paragraph 0060, line 10, “increase” should be changed to --increased--.
Appropriate correction is required.
Claim Objections
Claim 18 is objected to because of the following informalities: The word “second” in line 2 should be changed to --section--. Appropriate correction is required.
Claim 19 is objected to because of the following informalities: The word “removal” in line 2 should be changed to --removable--. Appropriate correction is required.
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, 5-7, 9, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hunt (US 7,070,227).
With regard to claim 1, Hunt discloses a vehicle bed (28) comprising:
a top surface (36);
a front end (32) and a rear end (40);
a first side and a second side (44); and
a removable side panel (120—see primarily Figs. 6-7) with a first end, a second end, a top side, a bottom side, an interior side, and an exterior side (all sides are visible in Figs. 6 and 7).
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With regard to claim 5, Hunt teaches that a first coupling (78, 124, plus latches 104 located on the side panel itself—see column 3, lines 17-19) couples the first end of the removable side panel to a front structure of the vehicle bed (see Fig. 6).
With regard to claim 6, Hunt teaches that the first coupling comprises a first latch (i.e. the latch mentioned in column 3, lines 17-19) configured to extend and retract a component to engage the front structure of the vehicle bed (extending/contracting latch is required to engage striker 78 of the coupling).
With regard to claim 7, Hunt teaches that a second coupling (124 at the rear end of the side wall) couples the second end of the removable side panel to a post (see annotated Fig. below) on the top surface of the vehicle bed.
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With regard to claim 9, Hunt teaches that a second coupling (124) couples the second end of the removable side panel to a rear panel of the vehicle bed (see Fig. below).
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With regard to claim 13, Hunt teaches that a third coupling (78, 104) couples the removable side panel to the vehicle bed (note that claim 13 does not require first and second couplings, as it depends upon claim 1).
With regard to claim 15, Hunt teaches a first side section, a middle section, and a second side section (these “sections” are simply arbitrarily defined portions of Hunt’s box floor 36, as indicated in the Fig. below. The claim does not define what the sections are).
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Claim(s) 1, 3-5, 7, 9, and 13-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Welschoff (US 2022/0297549).
With regard to claim 1, Welschoff discloses a vehicle bed comprising:
a top surface (unlabeled, see Fig. 2);
a front end (66) and a rear end (30);
a first side (i.e. the left side) and a second side (i.e. the right side); and
a removable side panel (52) with a first end, a second end, a top side, a bottom side, an interior side, and an exterior side (see Fig. 2).
With regard to claim 3, Welschoff discloses that at least one hinge (56) couples the bottom side of the removable side panel to the top surface of the vehicle bed.
With regard to claim 4, Welschoff discloses that the at least one hinge (56) comprises a spring (“spring-loaded hinges 56”).
With regard to claim 5, Welschoff teaches that a first coupling (64) couples the first end of the removable side panel to a front structure of the vehicle bed.
With regard to claim 7, Welschoff discloses that a second coupling (62) couples the second end of the removable side panel to a post (22A) on the top surface of the vehicle bed.
With regard to claim 9, Welschoff teaches that a second coupling (62) couples the second end of the removable side panel to a rear panel (22A) of the vehicle bed.
With regard to claim 13, Welschoff teaches a third coupling (56) that couples the removable side panel to the vehicle bed.
With regard to claim 14, Welschoff teaches that a third coupling (56) is configured to enable rotation of the removable side panel with respect to the vehicle bed such that a surface of the interior side of the removable side panel is approximately co-planar with the top surface of the vehicle bed (see Fig. 2).
With regard to claim 15, Welschoff teaches a first side section, a middle section, and a second side section (these “sections” can simply be arbitrarily designated, as the claim does not define what these “sections” are structurally).
With regard to claim 16, Welschoff discloses that the first side of the vehicle bed comprises a drawer (see drawers 80 and 82 in Fig. 4).
With regard to claim 17, Welschoff teaches that the first side of the vehicle bed comprises a first side storage compartment (i.e. drawers 80 and 82, which can be considered “compartments”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunt in view of Kalergis et al. (US 8,857,880, hereinafter Kalergis).
With regard to claim 2, Hunt fails to teach that the side panel comprises: an inner panel having a first end and a second end coupled to an outer panel having a first end and a second end, wherein the first end of the inner panel is configured to extend from and retract into the first end of the removable side panel.
Kalergis discloses a pickup truck bed which has removable side panels (32) which also function as ramps (see Fig. 1). The side panels (32) have an inner panel (32B) and an outer panel (32A). The inner panel (32B) is configured to extend and retract from the first end of the side panel (see Fig. 1).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt by utilizing the extendable two-piece side panels of Kalergis, in order to provide a shallower ramp angle when loading heavier objects onto the truck.
With regard to claim 10, Hunt fails to teach that the first end of the inner panel comprises an engaging member to engage at least one of a plurality of slots on the top surface of the rear end of the vehicle bed. Hunt does not provide details of how the ramps attach to the truck bed, forcing one of ordinary skill in the art to look elsewhere for actual implementations.
Kalergis teaches that the first end of the inner panel comprises an engaging member (38) to engage at least one of a plurality of slots (42) on the top surface of a rear end of the vehicle bed (see especially Figs. 3 and 4, noting that the engaging members are provided on both ends of the ramp, thus on both the inner and outer panels).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt by providing the engaging members and slots of Kalergis, with a reasonable expectation of success given that Kalergis teaches an actual implementation of the ramp connection with the truck bed in a similar application to that of Hunt.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunt.
With regard to claim 8, Hunt fails to teach a second coupling that has a latch which extends to engage an aperture in the post. Instead, Hunt teaches only one latch (104) at the forward end of the side panel.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt to have latches at both the forward and rearward ends of the side panel, in order to provided additional resistance to unintended displacement of the side panels while in motion, and furthermore because it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunt in view of Kalergis as applied to claim 2 above, and further in view of Landwehr (US 6,749,246).
With regard to claim 11, Hunt in view of Kalergis fails to teach that the outer panel further comprises a plurality of ridges and the inner panel further includes a plurality of ridges.
Landwehr discloses a pair of extendable ramps for a pickup truck. Each ramp has an inner (58) and outer (56) panel, and each panel has a plurality of ridges (unlabeled in figures).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt in view of Kalergis such that each inner and outer panel was provided with the ridges of Landwehr, in order to increase the traction along the ramp.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunt in view of Kalergis as applied to claim 2 above, and further in view of Grant (US 7,284,781).
With regard to claim 12, Hunt in view of Kalergis fails to teach that the inner panel further comprises a notch and the outer panel further comprises a protrusion wherein the notch is configured to contact the protrusion to prevent overextension.
Grant teaches ramps for a pickup truck, where each ramp has an inner panel (22) that has notches (22b) that engage a protrusion (26) in the outer panel (18).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt in view of Kalergis such that the extendable ramps have the notches and protrusions of Grant, in order to “maintain the panel 22 in its extended position” (column 4, lines 1-5).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunt in view of Harrell (US 2008/0231066).
With regard to claims 16 and 17, Hunt fails to teach that the first side of the vehicle bed comprises a drawer and a side storage compartment.
Harrell teaches a truck bed system, where the side of the truck bed system has a storage compartment (110) and drawers (150).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt to include the side storage compartment and drawers of Harrell, in order to provide additional storage options for end users.
With regard to claim 18, Hunt fails to disclose that the truck bed system has a first side section, a second side second, and a middle section having a first side storage compartment, a middle storage compartment, and a second side storage compartment.
Harrell discloses a truck bed system having a first side section (i.e. the left side in Fig. 1), a second side second (i.e. the right side in Fig. 1), and a middle section (the middle of Fig. 1) having a first side storage compartment (left compartment 180), a middle storage compartment (120), and a second side storage compartment (i.e. right compartment 110).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt to have the first, second, and middle storage compartments of Harrell, in order to provide further storage options for end users.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunt in view of Harrell as applied to claim 18 above, and further in view of Plavetich (US 8,052,019).
With regard to claims 19 and 20, Hunt in view of Harrell fails to teach that the middle section further comprises a plurality of inserts to complementarily engage the removal side panel. Hunt also fails to teach a plurality of interior apertures on the top surface of the vehicle bed.
Plavetich discloses a truck bed in which the middle section has inserts (60) that engage removable side panels (14). See especially the Fig. 22 configuration. The middle section also has a plurality of interior apertures (30) in the top surface of the vehicle bed, with which the inserts engage.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified Hunt in view of Harrell by providing the inserts and interior apertures in the middle section to engage the removable side panels, in order to create additional storage configurations with the side panels, thereby dividing the middle section of the bed into compartments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references provide further examples of truck beds having removable panels and/or storage compartments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E FULLER whose telephone number is (571)272-6300. The examiner can normally be reached M-F 8:30AM - 5:30PM.
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, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT E FULLER/Primary Examiner, Art Unit 3676
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