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:
In Fig. 6, the third bracket 54 is incorrectly labeled with numeral 52.
In Figs. 24 and 25, numeral 100 is incorrectly used. Numeral denotes a part of the shelf, which is not shown in these Figures.
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 disclosure is objected to because of the following informalities:
Numerous times throughout the specification, the shelf is identified with numeral 50. See, for example, paragraphs 0066, 0068, 0069, and 0075. The shelf should be identified with numeral 90. The specification should be thoroughly checked to eliminate this inconsistency.
Paragraph 0001, line 3, “attached brackets” should be changed to --attached to brackets--.
Paragraph 0001, line 3, “welled” should be changed to --welded--.
Paragraph 0068, line 3, “94” should be changed to --94a--.
Paragraph 0068, line 5, “extend” should be changed to --extends--.
Paragraph 0078, line 5, it is believed that “shelf 38” should be changed to --shelf 90--.
Paragraph 0079, line 2, the term “bracket 38” is not correct. 38 is not the correct number for the bracket. It is unclear which element is being referred to here.
Paragraph 0079, line 2, “bracket 120 define” should be changed to --brackets 120 define--.
Paragraph 0080, line 4, it is believed that “brackets 120 and 124” should be changed to --brackets 120, 124, and 126--.
Appropriate correction is required.
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) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chaloult et al. (US 6,113,172, hereinafter Chaloult) in view of Hira (US 4,073,534).
With regard to claim 1, Chaloult discloses a vehicle rear cargo structure, comprising:
an inner panel of a side wall (32) defining a wheel well (note the interior protrusion of the panel 32 visible in Fig. 6);
a first bracket (52) fixedly attached to a forward area of the wheel well defined by the inner panel (see Fig. 7);
a second bracket (54) fixedly attached to a mid-area of the wheel well defined by the inner panel (see Fig. 7); and
a shelf (36) having a first end associated with the first bracket and a second end associated with the second bracket (see Fig. 1).
Chaloult fails to teach the first and second ends of the shelf being attached to the brackets. The claim is being interpreted in light of the specification as though the term “attached” requires more than simply resting on the bracket.
Hira discloses a rear parcel shelf similar to that of Chaloult. However, in Hira, the shelf (10) attaches to brackets (15) via resilient material (22—see Fig. 3).
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 Chaloult to include the resilient attachment material (22) of Hira, in order to provide a more secure positioning of the parcel shelf in the event of bumps and vibration during travel, while still allowing for easy repositioning of the shelf as desired.
With regard to claim 2, Chaloult discloses that the forward area of the wheel well has a contoured surface shaped to shield a vehicle wheel located outboard of the wheel well (see contour lines of panel 32 visible in Figs. 6 and 7).
Allowable Subject Matter
Claims 3-15 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.
With regard to claim 3, Chaloult fails to teach that the first bracket has a plurarity of offset flanges and an upright flange, where the offset flanges are shaped and oriented to attach to the contoured surface of the forward area of the wheel well. Chaloult’s first bracket (52) is “integrally molded into the sidewalls 32, which are, in turn, preferably made from plastic.” It is not considered obvious to modify the brackets to have multiple flanges for connection to the side panel, which would increase manufacturing complexity.
With regard to claim 15, Chaloult fails to teach at least that the shelf is shaped and dimensioned such that during installation of the shelf to the first and second brackets, a forward end of the shelf hooks on to the first bracket from a forward side of the first bracket. Instead, Chaloult’s shelf hooks into the first bracket from a rearward side of the first bracket (note how the bracket 52 is open in the rearward direction). It would not be considered obvious to modify Chaloult, as this would require reversing the orientation of the bracket 52, and it would be more difficult for the user to hook into a front-facing bracket from the user’s position at the rear of the vehicle.
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 vehicle rear cargo areas comprising brackets which support a shelf.
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.
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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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