CTNF 18/924,220 CTNF 81230 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement 2. The information disclosure statement (IDS) submitted on 10/23/24 is noted. The submission is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the examiner is considering the information disclosure statement. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 3. Claim 15 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. Claim 15 recites “a locking pin is received within one of the plurality of fixed positions”. It is unclear what is meant by a pin being received within a position. As disclosed, the locking pin 65 is received within one of the plurality of apertures 64 in order to place the bracket 54 in one of a plurality of positions. Does the claim require a pin in an aperture? Or just a pin somehow related to a position? Appropriate correction or clarification is required. For the purpose of examination, any pin somehow related to a position will be considered sufficient to satisfy this limitation. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 4. 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. 07-07-aia AIA 07-07 5. 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 – 07-08-aia AIA (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. 07-15 AIA 6. Claim s 1, 6, 10, and 11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Visch et al. (EP 989029 A1) . Regarding claim 1, Visch (Figure 2) discloses a vehicle bicycle carrier assembly (neither the vehicle nor the bicycle currently being claimed in combination), comprising: a first carrier arm (10 together with right 12) including a first support member (right 6) configured to hold a first tire of a bicycle against a vehicle cargo bed floor (vehicle cargo bed floor not currently being claimed in combination); and a second carrier arm (left 12) adjustably coupled (via left 16) to the first carrier arm, the second carrier arm including a second support member (left 6) configured to hold a second tire of the bicycle against the vehicle cargo bed floor (cargo bed floor still not being claimed in combination). There is no structure in Visch that would physically prevent a user from setting the plates (14 - see [0016], [0017], and claim 7 of Visch) of the carrier on the bed floor of a vehicle and securing a bicycle therein with the wheels held against the bed floor by the first and second supports (6). Regarding claim 6, Visch discloses the vehicle bicycle carrier assembly of claim 1, wherein the first carrier arm and the second carrier arm are configured to extend and retract along a first axis (see [0025]). Regarding claim 10, Visch discloses the vehicle bicycle carrier assembly of claim 1, wherein at least a portion of the vehicle cargo bed floor (cargo bed floor still not being claimed in combination) includes a surface of a tailgate (tailgate not currently being claimed in combination), and one of the first support member and the second support member is configured to hold a respective one of the first tire and the second tire against the surface of the tailgate. There is no structure in Visch that would physically prevent a user from setting the plates (14 - see [0016], [0017], and claim 7 of Visch) of the carrier on the bed floor of a vehicle and securing a bicycle therein with the wheels held against the bed floor and a tailgate surface by the first and second supports (6). Regarding claim 11, Visch discloses the vehicle bicycle carrier assembly of claim 10, wherein the tailgate (still not being claimed in combination) is in an open position. There is no structure in Visch that would physically prevent a user from setting the plates (14 - see [0016], [0017], and claim 7 of Visch) of the carrier on the bed floor of a vehicle and securing a bicycle therein with the wheels held against the bed floor and an open tailgate surface by the first and second supports (6) . Claim Rejections - 35 USC § 103 07-20-aia AIA 7. 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. 07-21-aia AIA 8. Claim s 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Visch et al. (EP 989029 A1) in view of McKnight et al. (US 2014/0346206 A1) . Regarding claim 2, Visch discloses the vehicle bicycle carrier assembly of claim 1, but fails to disclose wherein the first carrier arm includes a lever and pawl that is operably connected to the lever, the pawl configured to engage a portion of the second carrier arm to couple the first carrier arm to the second carrier arm. Regarding claim 3, Visch fails to disclose the vehicle bicycle carrier assembly of claim 2, further comprising ratchet teeth of the second carrier arm, the pawl configured to engage one or more of the ratchet teeth to couple the first carrier arm to the second carrier arm. Regarding claim 4, Visch fails to disclose the vehicle bicycle carrier assembly of claim 3, wherein, when the pawl is engaged with one or more of the ratchet teeth, the second carrier arm is retractable relative to the first carrier arm and blocked from extending relative to the first carrier arm. Visch discloses the use of locking screws (16) to control the telescoping of the arms but discloses no criticality to such telescoping control design. McKnight teaches another telescoping control design for a vehicle-mounted carrier where one arm (505) includes a lever (550) and pawl (560) that is operably connected to the lever, the pawl configured to engage a portion (515) of the second carrier arm (510) to couple the first carrier arm to the second carrier arm; further comprising ratchet teeth (515) of the second carrier arm, the pawl configured to engage one or more of the ratchet teeth to couple the first carrier arm to the second carrier arm; , wherein, when the pawl is engaged with one or more of the ratchet teeth, the second carrier arm is retractable relative to the first carrier arm and blocked from extending relative to the first carrier arm (see [0049]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the locking screw telescoping control design of Visch with a lever, pawl, and tooth telescoping control design like that of McKnight as a simple substitution of one known telescoping control design for another in order to achieve predictable results. In this modified Visch carrier, the first arm (10) would have a lever and pawl as claimed and the second arm (left 12) would have teeth as claimed . 07-21-aia AIA 9. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Visch et al. (EP 989029 A1) in view of Marchlewski et al. (US 2018/0361944 A1) and Wilson (US 2024/0190356 A1) . Regarding claim 5, Visch discloses the vehicle bicycle carrier assembly of claim 1, wherein the first carrier arm includes a second body portion (10) configured to couple the first carrier arm (10 together with right 12) to the second carrier arm (left 12). Visch fails to disclose the first carrier arm including a first body portion configured to attach to a vehicle cargo bed side panel and a bridging portion that connects the first body portion to the second body portion. Marchlewski teaches that it was already known in the art for a carrier arm (12/40/42) to include a first body portion (40) configured to attach to a vehicle cargo bed side panel (via 24/48) and a bridging portion (42) that connects the first body portion (40) to a second body portion (12) of the carrier arm. Wilson teaches that it was already known for a carrier like that of Visch which is mounted atop a flat surface using plates (127) to also be mounted to the side wall for stability (see [0032]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the first carrier arm of Visch with a first body portion configured to attach to a vehicle cargo bed side panel and a bridging portion that connects the first body portion to the second body portion, as taught by Marchlewski, the motivation being to provide additional stability when mounted in a truck bed, as taught by Wilson . 07-21-aia AIA 10. Claim s 7-9, 12-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Visch et al. (EP 989029 A1) in view of Pedrini (US 6,761,297 B1) . Regarding claim 7, Visch discloses the vehicle bicycle carrier assembly of claim 6, but fails to disclose wherein the first support member and the second support member are configured to pivot about a second axis that is transverse to the first axis. Visch never mentions the support member rotating and the drawings do not seem to show any pivoting structure. Pedrini teaches that it was already known in the art for support members (38) like those of Visch to be pivotably attached (via 56) to the arm of the carrier. A person of ordinary skill in the art would have realized through their own available knowledge and reasoning that such pivoting allows the support members to better accommodate tires of different diameters and would have found it obvious to have made the first and second support members of Vish pivotable in the manner taught by Pedrini for this very reason. Regarding claim 8, Visch as modified above would include the vehicle bicycle carrier assembly of claim 7, wherein at least one of the first support member and the second support member are pivotable to a stored position to allow a tailgate to pivot from an open position to a closed position. The Visch support members have been made pivotable, as taught by Pedrini. Being pivotable, they are inherently capable of pivoting to several positions, one of which can be considered a “stored position” as only functionally claimed with respect to the tailgate. Nothing in the modified Visch carrier would physically prevent a user from placing the carrier in the bed of a truck, supported on the plates (14) of Visch, and positioned such that the slightest pivoting of the rear-most support member would allow a tailgate to be closed, as only functionally claimed. Regarding claim 9, Visch as modified above would include the vehicle bicycle carrier assembly of claim 8, wherein, when in the stored position, the first support member is transverse to the first carrier arm and the second support member is transverse to the second carrier arm. The support members (6) of Visch are already shown by Visch to be transverse to the carrier arms and would be capable of even more transverse positions once made pivotable in the manner taught by Pedrini. Regarding claim 12, Visch as modified above would include a vehicle bicycle carrier assembly (neither the vehicle nor the bicycle currently being claimed in combination), comprising: a first carrier arm, as taught by Visch (10 together with right 12) supportable on a vehicle cargo bed side panel (side panel not currently being claimed in combination) and including a first support member, as taught by Visch (right 6), configured to pivot relative to the first carrier arm, as taught by Pedrini, and hold a first tire of a bicycle against a vehicle cargo bed floor (functional ability of the original Visch carrier); and a second carrier arm, as taught by Visch (left 12), telescopically engaged with the first carrier arm and including a second support member, as taught by Visch (left 6), configured to pivot relative to the second carrier arm, as taught by Pedrini, and hold a second tire of the bicycle against the vehicle cargo bed floor (functional ability of the original Visch carrier). Regarding claim 13, Visch as modified above would include the vehicle bicycle carrier assembly of claim 12, wherein the first support member includes a first frame, as originally taught by Visch (6), configured to hold the first tire of the bicycle and a first bracket, as taught by Pedrini (see the ear/bracket through which the pin 56 extends), configured to pivotably connect the first frame to the first carrier arm, and the second support member includes a second frame, as originally taught by Visch (6), configured to hold the second tire of the bicycle and a second bracket, as taught by Pedrini (see the ear/bracket through which the pin 56 extends), configured to pivotably connect the second frame to the second carrier arm. Regarding claim 14, Visch as modified above would include the vehicle bicycle carrier assembly of claim 13, wherein the first bracket and the second bracket are adjustable between a plurality of fixed positions, as taught by Pedrini, wherein each position of the plurality of fixed positions corresponds to a different tire diameter. The brackets of the modified Visch carrier are pivotable, as taught by Pedrini, and engagement with a tire would hold or fix the position of the bracket. Regarding claim 15, to the degree the claim is understood, Visch as modified above would include the vehicle bicycle carrier assembly of claim 14, wherein a locking pin, as taught by Pedrini (56), is received within one of the plurality of fixed positions to hold the first and second brackets in a fixed position. The locking/pivot pin as taught by Pedrini is always there in the modified Visch carrier, no matter the position of the brackets, and is thus within them all, and together with the tire holds or fixes the position of the bracket. Regarding claim 19, Visch as modified above would include the vehicle bicycle carrier assembly of claim 12, wherein at least a portion of the vehicle cargo bed floor (cargo bed floor still not being claimed in combination) includes a surface of a tailgate (tailgate not currently being claimed in combination), and one of the first support member and the second support member is configured to hold a respective one of the first tire and the second tire against the surface of the tailgate. There is no structure in Visch as modified above that would physically prevent a user from setting the plates (14 - see [0016], [0017], and claim 7 of Visch) of the carrier on the bed floor of a vehicle and securing a bicycle therein with the wheels held against the bed floor and a tailgate surface by the first and second supports (6). Regarding claim 20, Visch as modified above would include the vehicle bicycle carrier assembly of claim 19, wherein the tailgate (still not being claimed in combination) is in an open position. There is no structure in Visch as modified above that would physically prevent a user from setting the plates (14 - see [0016], [0017], and claim 7 of Visch) of the carrier on the bed floor of a vehicle and securing a bicycle therein with the wheels held against the bed floor and an open tailgate surface by the first and second supports (6) . 07-21-aia AIA 11. Claim s 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Visch et al. (EP 989029 A1) in view of Pedrini (US 6,761,297 B1) as applied above, further in view of McKnight et al. (US 2014/0346206 A1) . Regarding claim 16, Visch as modified above would include the vehicle bicycle carrier assembly of claim 12, but fails to disclose wherein the first carrier arm includes a lever and pawl that is operably connected to the lever, the pawl configured to engage a portion of the second carrier arm to couple the first carrier arm to the second carrier arm. Regarding claim 17, Visch as modified above so far fails to disclose the vehicle bicycle carrier assembly of claim 16, further comprising ratchet teeth of the second carrier arm, the pawl configured to engage one or more of the ratchet teeth to couple the first carrier arm to the second carrier arm. Regarding claim 18, Visch as modified above so far fails to disclose the vehicle bicycle carrier assembly of claim 17, wherein, when the pawl is engaged with one or more of the ratchet teeth, the second carrier arm is retractable relative to the first carrier arm and blocked from extending relative to the first carrier arm. Visch discloses the use of locking screws (16) to control the telescoping of the arms but discloses no criticality to such telescoping control design. McKnight teaches another telescoping control design for a vehicle-mounted carrier where one arm (505) includes a lever (550) and pawl (560) that is operably connected to the lever, the pawl configured to engage a portion (515) of the second carrier arm (510) to couple the first carrier arm to the second carrier arm; further comprising ratchet teeth (515) of the second carrier arm, the pawl configured to engage one or more of the ratchet teeth to couple the first carrier arm to the second carrier arm; , wherein, when the pawl is engaged with one or more of the ratchet teeth, the second carrier arm is retractable relative to the first carrier arm and blocked from extending relative to the first carrier arm (see [0049]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the locking screw telescoping control design of Visch with a lever, pawl, and tooth telescoping control design like that of McKnight as a simple substitution of one known telescoping control design for another in order to achieve predictable results. In this modified Visch carrier, the first arm (10) would have a lever and pawl as claimed and the second arm (left 12) would have teeth as claimed. Conclusion 12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUSTIN M LARSON/ Primary Examiner, Art Unit 3734 6/12/26 Application/Control Number: 18/924,220 Page 2 Art Unit: 3734 Application/Control Number: 18/924,220 Page 3 Art Unit: 3734 Application/Control Number: 18/924,220 Page 4 Art Unit: 3734 Application/Control Number: 18/924,220 Page 5 Art Unit: 3734 Application/Control Number: 18/924,220 Page 6 Art Unit: 3734 Application/Control Number: 18/924,220 Page 7 Art Unit: 3734 Application/Control Number: 18/924,220 Page 8 Art Unit: 3734
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