DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on October 21, 2024. Claims 1 – 7 are pending and currently being examined.
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 § 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.
Claim 7 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase “the storage board consist of one or two groove boards with edges; and when the storage board consists of two grooved boards, the two grooved boards are fixed and connected through a connecting board” renders the claim to be vague and indefinite because it is UNCLEAR to which aforementioned structure(s) is being encompasses with such language.
Based on the “OR” option, if the storage board consist of one groove board with edges, the one groove board with edges would satisfy and meet the structural limitations of Claim 7.
The two groove boards fixed and connected through a connecting board would NOT be necessary and / or required in Claim 7 if the first option of one groove board with edges is selected based on the “OR” option.
Therefore, Claim 7 is UNCLEAR and further clarification is required.
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.
Claim(s) 1 & 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Number 2,953,287) to Werner.
Regarding claim 1, Werner discloses the reversible vehicle trunk rack (See Figures 1 & 2), comprising the first supporting board (i.e. Left (36) in Figure 1), the second supporting board (i.e. Right (36) in Figure 1), and the storage board (40) having an end flexibly disposed on the first supporting board (i.e. Left (36) in Figure 1) through the connecting piece (i.e. Left (45 & 46) in Figures 4, 5 & 13) and another end flexibly disposed on the second supporting board (i.e. Right (36) in Figure 1) through the connecting piece (i.e. Right (43 & 44) in Figures 2, 3, 3A, 9 & 13), wherein the storage board (40) is hinged (i.e. via (49) in Figures 3 & 3A) with the connecting piece (i.e. via (44 & 46)) through the locking bolt (52) (See Column 3, lines 3 – 14) (See Figures 4 & 8); and the first supporting board (i.e. Left (36) in Figure 1) and the second supporting board (i.e. Right (36) in Figure 1) are flexibly or fixedly connected with the connecting piece (43, 44, 45 & 46) respectively, the connecting piece (43, 44, 45 & 46) can be rotated (i.e. via (47) in Figures 3A & 4) or vertically fixed on the first supporting board (i.e. Left (36) in Figure 1) and the second supporting board (i.e. Right (36) in Figure 1), and the storage board (40) can constantly remain in the horizontal state when the connecting piece (43 & 44) is rotated.
Regarding claim 2, Weaver discloses wherein the connecting piece (43, 44, 45 & 46) consists of two supporting arms (See Figures 1 – 4), the two supporting arms (3) are symmetrically disposed, and there is the gap (i.e. Space) between the two supporting arms (i.e. Front & Rear (43 & 44) & (i.e. Front / Rear (45 & 46) in Figures 2, 3 & 3A).
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 (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 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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 2,953,287) to Werner in view of (U.S. Patent Number 8,360,252 B1) to Fagan.
Regarding claim 3, Weaver does not explicitly disclose wherein the fixing bolt is disposed on one supporting arm of the connecting piece, and the fixing bolt is threaded or plugged into the first supporting board and the second supporting board (6) after penetrating the supporting arm.
Fagan teaches wherein the fixing bolt (42) is disposed on one supporting arm (28A & 28B) of the connecting piece (See Figures 7 & 8), and the fixing bolt (42) is threaded or plugged into the first supporting board (i.e. Left (34, 34A & 34B) in Figures 7 & 8) and the second supporting board (i.e. Right (34, 34A & 34B) in Figures 7 & 8) after penetrating the supporting arm (28A & 28B) (See Column 4, lines 62 – 67) (See Figures 3, 4, 5A, 5B, 6, 7 & 8).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make wherein the fixing bolt is disposed on one supporting arm of the connecting piece, and the fixing bolt is threaded or plugged into the first supporting board and the second supporting board after penetrating the supporting arm as taught by Fagan with vehicle trunk rack of Werner in order to provide locking and prevent excess movement.
Claim(s) 4, 5 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 2,953,287) to Werner and (U.S. Patent Number 8,360,252 B1) to Fagan as applied to claim 3 above, and further in view of (U.S. Patent Number 4,072,258) to Cruson.
Regarding claim 4, Werner discloses wherein the number of locking bolts (49) is four, the four bolts (49) are into the supporting arms (See Figures 1 – 4) of the two sets of connecting pieces (i.e. via (43 / 44) & (45 / 46) in Figures 1 – 4) one to one, the bolts (49) are into the supporting arms (See Figures 1 – 4) after penetrating the storage board (40), and the storage board (40) is hinged with the bolt (49) (See Figures 3 & 3A).
However, Werner does not explicitly disclose locking threaded bolt.
Cruson teaches the four locking bolts (98) are threaded into the support arms (56, 58, 60 & 62) of the two sets of connecting pieces one to one, the locking bolts (98) are threaded into the supporting arms (56, 58, 60 & 62) after penetrating the storage board (26), and the storage board (26) is hinged with the locking bolt (98) (See Figures 1, 4 & 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make locking threaded bolt as taught by Cruson with vehicle trunk rack of Werner in order to provide reliable fastening.
Regarding claim 5, Werner discloses wherein the first supporting board (i.e. Left (36) in Figure 1) and the second supporting board (i.e. Right (36) in Figure 1) each are provided with an installation and fixing board (26 & 27) and clamping arms (31, 32 & 33); and the number of clamping arms (31, 32 & 32) is more than one (See Figures 9 & 5).
Regarding claim 6, Werner discloses wherein the first supporting board (i.e. Left (36) in Figure 1) and the second supporting board (i.e. Right (36) in Figure 1).
Furthermore, Werner as modified by Fagan discloses wherein the first supporting board (i.e. Left (34, 34A & 34B) in Figure 7) and the second supporting board (i.e. Right (34, 34A & 34B) in Figure 7) each are also respectively provided with two positioning holes (38 & 40) fitting the fixing bolts (42), the two positioning holes (38 & 40) are vertically and symmetrically disposed, and there is the gap between the two positioning holes (38 & 40); and the fixing bolts (42) are threaded or plugged into the positioning holes (38 & 40) (See Figures 2, 3, 5A, 5B, 6, 7 & 8).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 2,953,287) to Werner in view of (U.S. Patent Number 5,083,827) to Hollenbaugh, Sr.
Regarding claim 7, Weaver discloses wherein the storage board (40) consists of one board with edges (54) (See Figures 1, 2, 3 & 4).
However, Weaver does not explicitly disclose groove.
Hollenbaugh, Sr., teaches the storage board (10) consist of one or two groove (i.e. via Recesses of (36) in Figures 1, 3 & 10) boards (12 & 14) with edges (18, 19, 21, 32, 33 & 35) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to the storage board consists of one or two grooved boards as taught by Hollenbaugh, Sr., with the vehicle truck rack of Werner because the motivation only requires a simple substitution of one known equivalent of storage board configurations for another in order to obtain predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Number 4,799,849) to Miller teaches discloses wherein the storage board (84, 86, 88 & 90) consists of one or two boards with edges (72 & 74) (See Figures 3 & 4); and when the storage board (84, 86, 88 & 90) consists of two boards, the two boards are fixed and connected through the connecting board (76) (See Figure 4).
(U.S. Patent Number 3,717,111) to Volberding teaches the storage board (30) consist of the groove (i.e. via Indentations (32, 33, 34 & 35) in Figure 1) board (30) (See Figure 1).
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734