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 § 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.
Claims 19-20 are 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 19 recites the limitation “a longitudinally extending frame member” in line 3 and “a first side frame member” in line 5. It is unclear if they are referring to the same part or different parts since they use different names but both are claimed to have the outward and inward slots. For examination purposes, they are interpreted to be the same member.
Claim 20 is rejected due to its dependency on the rejected claim 19.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rohr et al. (US 20160214542 A1).
Regarding claim 19, Rohr discloses a cargo box frame assembly (Fig. 1-2) configured to set on top of a cargo box (5 in Fig. 2) of a pickup truck (3 in Fig. 1), the cargo box frame assembly comprising: a longitudinally extending frame member (see annotated Fig. 3, can be the second side frame member as annotated) that includes an outwardly accessible accessory slot (one of the slots 32 facing outward of the cargo box frame in Fig. 5; paragraph 31 described different accessories/tools can be attached) and an inwardly accessible accessory slot (Fig. 5, another slot 32 on the opposite side); wherein the outwardly accessible accessory slot of a first side frame member is located adjacent (Fig. 5, opposite slots 32 are adjacent to each other) the inwardly accessible accessory slot of the first side frame member; wherein the outwardly accessible accessory slot of the first side frame member includes an opening (27B in Fig. 5); wherein the inwardly accessible accessory slot of the first side frame member includes an opening (27B in Fig. 5, same as the outward slot); and wherein the opening of the outwardly accessible accessory slot of the first side frame member is positioned on an opposite side (Fig. 5, one facing outward and the other facing inward) of the first side frame member from the opening of the inwardly accessible accessory slot of the first side frame member.
Regarding claim 20, Rohr discloses the cargo box frame assembly of claim 19, wherein the opening of the outwardly accessible accessory slot has a width less than a width (Fig. 5, width of 27B is less than width of 32, therefore forming the T-slots) of the outwardly accessible accessory slot, wherein the opening of the inwardly accessible accessory slot has a width less than a width (Fig. 5, width of 27B is less than width of 32, therefore forming the T-slots) of the inwardly accessible accessory slot, and wherein the opening of the outwardly accessible accessory slot is positioned on an opposite side (Fig. 5, one facing outward and the other facing inward) of the first side frame member from the opening of the inwardly accessible accessory slot.
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Figure 1 Annotated Fig. 3 from Rohr
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) 1-9, 11, and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rohr et al. (US 20160214542 A1) in view of Reyes (US 20220219765 A1).
Regarding claim 1, Rohr discloses a cargo box frame assembly (Rohr, Fig. 1-2) configured to set on top of a cargo box (Rohr, 5 in Fig. 2) of a pickup truck (Rohr, 3 in Fig. 1), the cargo box frame assembly comprising: a longitudinally extending first side frame member (Rohr, see annotated Fig. 3);
a longitudinally extending second side frame member (Rohr, see annotated Fig. 3, paragraph 23 and 31 described that the frame members all have same slotted configuration) that includes an outwardly accessible accessory slot (Rohr, one of the slots 32 facing outward of the cargo box frame in Fig. 5; paragraph 31 described different accessories/tools can be attached) that extends a longitudinal extent of the second side frame member and an inwardly accessible accessory slot (Rohr, Fig. 5, another slot 32 on the opposite side) that extends the longitudinal extent of the second side frame member;
wherein the outwardly accessible accessory slot of the second side frame member is located adjacent (Rohr, Fig. 5, opposite slots 32 are adjacent to each other) the inwardly accessible accessory slot of the second side frame member;
wherein the outwardly accessible accessory slot of the second side frame member includes an opening (Rohr, 27B in Fig. 5) that extends the longitudinal extent of the second side frame member and has a width less than a width (Rohr, Fig. 5, width of 27B is less than width of 32, therefore forming the T-slots) of the outwardly accessible accessory slot of the second side frame member;
wherein the inwardly accessible accessory slot of the second side frame member includes an opening (Rohr, 27B in Fig. 5, same as outward slot) that extends the longitudinal extent of the second side frame member and has a width less than a width (Rohr, Fig. 5, width of 27B is less than width of 32, therefore forming the T-slots) of the inwardly accessible accessory slot of the second side frame member;
wherein the opening of the outwardly accessible accessory slot of the second side frame member is positioned on an opposite side (Rohr, Fig. 5, one facing outward and the other facing inward) of the second side frame member from the opening of the inwardly accessible accessory slot of the second side frame member;
wherein the longitudinally extending second side frame member includes a second outwardly accessible accessory slot (Rohr, Fig. 5, slot 32 since there are two pairs of slots 32; similar to the first outward and inward slots above) that extends the longitudinal extent of the second side frame member and a second inwardly accessible accessory slot (Rohr, Fig. 5, slot 32 since there are two pairs of slots 32) that extends the longitudinal extent of the second side frame member;
wherein the second outwardly accessible accessory slot of the second side frame member is located adjacent (Rohr, Fig. 5, opposite slots 32 are adjacent to each other) the second inwardly accessible accessory slot of the second side frame member;
wherein the second outwardly accessible accessory slot of the second side frame member includes an opening (Rohr, 27B in Fig. 5, similar to the first outward slot) that extends the longitudinal extent of the second side frame member and has a width less than a width (Rohr, Fig. 5, width of 27B is less than width of 32, therefore forming the T-slots) of the second outwardly accessible accessory slot of the second side frame member;
wherein the second inwardly accessible accessory slot of the second side frame member includes an opening (Rohr, 27B in Fig. 5, same as outward slot) that extends the longitudinal extent of the second side frame member and has a width less than a width (Rohr, Fig. 5, width of 27B is less than width of 32, therefore forming the T-slots) of the second inwardly accessible accessory slot of the second side frame member;
wherein the opening of the second outwardly accessible accessory slot of the second side frame member is positioned on an opposite side (Rohr, Fig. 5, one facing outward and the other facing inward) of the second side frame member from the opening of the second inwardly accessible accessory slot of the second side frame member;
a first upwardly extending corner pillar (Rohr, see annotated Fig. 3) that includes an outwardly accessible accessory slot (Rohr, paragraph 23 and 31 described that the frame members all have same slotted configuration, so the pillar also has the slots 32/34 similar to the second frame member above, one of the slots 32 can be the outward slot facing away from the cargo box frame) that extends a longitudinal extent of the first upwardly extending corner pillar; wherein the outwardly accessible accessory slot of the first upwardly extending corner pillar is bounded by a first inwardly accessible accessory slot that extends the longitudinal extent of the first upwardly extending corner pillar and a second inwardly accessible accessory slot that extends the longitudinal extent of the first upwardly extending corner pillar (Rohr, see annotated Fig. 5, pillars has same slotted configuration according paragraphs 23 and 31, so there will be an outward slot facing away from the cargo box frame, and bounded by the two annotated inward slots facing towards the cargo box frame);
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Figure 2 Annotated Fig. 5 from Rohr
wherein the first inwardly accessible accessory slot of the first upwardly extending corner pillar and the second inwardly accessible accessory slot of the first upwardly extending corner pillar are located on an opposing side (Rohr, they are on the inner side and the outward slot is on the outer side) from the outwardly accessible accessory slot of the first upwardly extending corner pillar;
wherein the first side frame member is spaced apart from the second side frame member and is located adjacent the first upwardly extending corner pillar (Rohr, see annotated Fig. 3, first and second frame members spaced apart vertically, and the first frame have its front end adjacent to the first pillar);
a second upwardly extending corner pillar (Rohr, see annotated Fig. 3) that includes an outwardly accessible accessory slot (Rohr, similar to the first pillar) that extends a longitudinal extent of the second upwardly extending corner pillar;
wherein the outwardly accessible accessory slot of the second upwardly extending corner pillar is bounded by a first inwardly accessible accessory slot that extends the longitudinal extent of the second upwardly extending corner pillar and a second inwardly accessible accessory slot that extends the longitudinal extent of the second upwardly extending corner pillar (Rohr, similar to first pillar above, since paragraph 23 and 31 described that the frame members all have same slotted configuration);
wherein the first inwardly accessible accessory slot of the second upwardly extending corner pillar and the second inwardly accessible accessory slot of the second upwardly extending corner pillar are located on an opposing side (Rohr, they are on the inner side and the outward slot is on the outer side) from the outwardly accessible accessory slot of the second upwardly extending corner pillar;
wherein the first side frame member is located adjacent the second upwardly extending corner pillar (Rohr, see annotated Fig. 3);
a longitudinally extending third side frame member (Rohr, see annotated Fig. 3);
a longitudinally extending fourth side frame member (Rohr, see annotated Fig. 3; paragraph 23 and 31 described that the frame members all have same slotted configuration) that includes an outwardly accessible accessory slot (Rohr, similar to the second frame member) that extends a longitudinal extent of the fourth side frame member and an inwardly accessible accessory slot (Rohr, similar to the second frame member) that extends the longitudinal extent of the fourth side frame member;
wherein the outwardly accessible accessory slot of the fourth side frame member is located adjacent (Rohr, similar to the second frame member) the inwardly accessible accessory slot of the fourth side frame member;
wherein the outwardly accessible accessory slot of the fourth side frame member includes an opening that extends the longitudinal extent of the fourth side frame member and has a width less than a width (Rohr, similar to the second frame member) of the outwardly accessible accessory slot of the fourth side frame member;
wherein the inwardly accessible accessory slot of the fourth side frame member includes an opening that extends the longitudinal extent of the fourth side frame member and has a width less than a width (Rohr, similar to the second frame member) of the inwardly accessible accessory slot of the fourth side frame member;
wherein the opening of the outwardly accessible accessory slot of the fourth side frame member is positioned on an opposite side (Rohr, similar to the second frame member) of the fourth side frame member from the opening of the inwardly accessible accessory slot of the fourth side frame member;
wherein the fourth side frame member includes a second outwardly accessible accessory slot (Rohr, similar to the second frame member) that extends a longitudinal extent of the fourth side frame member and a second inwardly accessible accessory slot (Rohr, similar to the second frame member) that extends the longitudinal extent of the fourth side frame member;
wherein the second outwardly accessible accessory slot of the fourth side frame member is located adjacent the second inwardly accessible accessory slot of the fourth side frame member; wherein the second outwardly accessible accessory slot of the fourth side frame member includes an opening that extends the longitudinal extent of the fourth side frame member and has a width less than a width (Rohr, similar to the second frame member) of the second outwardly accessible accessory slot of the fourth side frame member;
wherein the second inwardly accessible accessory slot of the fourth side frame member includes an opening that extends the longitudinal extent of the fourth side frame member and has a width less than a width (Rohr, similar to the second frame member) of the second inwardly accessible accessory slot of the fourth side frame member;
wherein the opening of the second outwardly accessible accessory slot of the fourth side frame member is positioned on an opposite side (Rohr, similar to the second frame member) of the fourth side frame member from the opening of the second inwardly accessible accessory slot of the fourth side frame member;
a third upwardly extending corner pillar (Rohr, see annotated Fig. 3; paragraph 23 and 31 described that the frame members all have same slotted configuration) that includes an outwardly accessible accessory slot (Rohr, similar to first and second pillars) that extends a longitudinal extent of the third upwardly extending corner pillar;
wherein the outwardly accessible accessory slot of the third upwardly extending corner pillar is bounded by a first inwardly accessible accessory slot that extends the longitudinal extent of the third upwardly extending corner pillar and a second inwardly accessible accessory slot that extends the longitudinal extent of the third upwardly extending corner pillar (Rohr, similar to first and second pillars above, since paragraph 23 and 31 described that the frame members all have same slotted configuration);
wherein the first inwardly accessible accessory slot of the third upwardly extending corner pillar and the second inwardly accessible accessory slot of the third upwardly extending corner pillar are located on an opposing side (Rohr, similar to first and second pillars above) from the outwardly accessible accessory slot of the third upwardly extending corner pillar;
wherein the third side frame member is spaced apart from the fourth side frame member (Rohr, see annotated Fig. 3) and is located adjacent the third upwardly extending corner pillar (Rohr, see annotated Fig. 3);
a fourth upwardly extending corner pillar (Rohr, see annotated Fig. 3) that includes an outwardly accessible accessory slot (Rohr, similar to first and second pillars) that extends a longitudinal extent of the fourth upwardly extending corner pillar;
wherein the outwardly accessible accessory slot of the fourth upwardly extending corner pillar is bounded by a first inwardly accessible accessory slot that extends the longitudinal extent of the fourth upwardly extending corner pillar and a second inwardly accessible accessory slot that extends the longitudinal extent of the fourth upwardly extending corner pillar (Rohr, similar to first and second pillars);
wherein the first inwardly accessible accessory slot of the fourth upwardly extending corner pillar and the second inwardly accessible accessory slot of the fourth upwardly extending corner pillar are located on an opposing side (Rohr, similar to first and second pillars) from the outwardly accessible accessory slot of the fourth upwardly extending corner pillar;
wherein the third side frame member is located adjacent the fourth upwardly extending corner pillar (Rohr, see annotated Fig. 3);
a longitudinally extending first end frame member (Rohr, see annotated Fig. 3) that includes an outwardly accessible accessory slot (Rohr, 32 in Fig. 5 since paragraph 23 and 31 described that the frame members all have same slotted configuration) that extends a longitudinal extent of the first end frame member;
wherein the outwardly accessible accessory slot of the first end frame member is bounded by a first inwardly accessible accessory slot (Rohr, one of the slots 34 in Fig. 5, bounded in the same manner as in annotated Fig. 5, since one of the slots 34 is facing inward/downward towards the cargo box frame making it an inward slot) that extends the longitudinal extent of the first end frame member and a second inwardly accessible accessory slot (Rohr, another slot 32 in Fig. 5) that extends the longitudinal extent of the first end frame member;
wherein the outwardly accessible accessory slot of the first end frame member is located on an opposing side (Rohr, they are on the inner side and the outward slot is on the outer side) of the first inwardly accessible accessory slot of the first end frame member and the second inwardly accessible accessory slot of the first end frame member;
wherein the second upwardly extending corner pillar is located adjacent (Rohr, see annotated Fig. 3) to the first end frame member;
wherein the third upwardly extending corner pillar is located adjacent (Rohr, see annotated Fig. 3) to the first end frame member opposite the second upwardly extending corner pillar; and
a longitudinally extending second end frame member (Rohr, see annotated Fig. 3) that includes an outwardly accessible accessory slot (Rohr, similar to first end frame) that extends a longitudinal extent of the second end frame member;
wherein the outwardly accessible accessory slot of the second end frame member is bounded by a first inwardly accessible accessory slot that extends the longitudinal extent of the second end frame member and a second inwardly accessible accessory slot that extends the longitudinal extent of the second end frame member (Rohr, similar to first end frame);
wherein the outwardly accessible accessory slot of the second end frame member is located on an opposing side (Rohr, similar to first end frame) of the first inwardly accessible accessory slot of the second end frame member and the second inwardly accessible accessory slot of the second end frame member;
wherein the fourth upwardly extending corner pillar is located adjacent (Rohr, see annotated Fig. 3) to the second end frame member; and
wherein the first upwardly extending corner pillar is located adjacent (Rohr, see annotated Fig. 3) to the second end frame member opposite the fourth upwardly extending corner pillar.
Rohr fails to disclose the second side frame member is located adjacent the first upwardly extending corner pillar and the second upwardly extending corner pillar and the fourth side frame member is located adjacent the third upwardly extending corner pillar and the fourth upwardly extending corner pillar; a longitudinally extending first side frame member that includes an outwardly accessible accessory slot that extends a longitudinal extent of the first side frame member and an inwardly accessible accessory slot that extends the longitudinal extent of the first side frame member; wherein the outwardly accessible accessory slot of the first side frame member is located adjacent the inwardly accessible accessory slot of the first side frame member; wherein the outwardly accessible accessory slot of the first side frame member includes an opening that extends the longitudinal extent of the first side frame member and has a width less than a width of the outwardly accessible accessory slot of the first side frame member; wherein the inwardly accessible accessory slot of the first side frame member includes an opening that extends the longitudinal extent of the first side frame member and has a width less than a width of the inwardly accessible accessory slot of the first side frame member; wherein the opening of the outwardly accessible accessory slot of the first side frame member is positioned on an opposite side of the first side frame member from the opening of the inwardly accessible accessory slot of the first side frame member; and a longitudinally extending third side frame member that includes an outwardly accessible accessory slot that extends a longitudinal extent of the third side frame member and an inwardly accessible accessory slot that extends the longitudinal extent of the third side frame member; wherein the outwardly accessible accessory slot of the third side frame member is located adjacent the inwardly accessible accessory slot of the third side frame member; wherein the outwardly accessible accessory slot of the third side frame member includes an opening that extends the longitudinal extent of the third side frame member and has a width less than a width of the outwardly accessible accessory slot of the third side frame member; wherein the inwardly accessible accessory slot of the third side frame member includes an opening that extends the longitudinal extent of the third side frame member and has a width less than a width of the inwardly accessible accessory slot of the third side frame member; wherein the opening of the outwardly accessible accessory slot of the third side frame member is positioned on an opposite side of the third side frame member from the opening of the inwardly accessible accessory slot of the third side frame member
Reyes teaches the second side frame member is located adjacent the first upwardly extending corner pillar and the second upwardly extending corner pillar (Reyes, Fig. 1, 230L similar to the second frame member is adjacent to the pillars 210L and 250L) and the fourth side frame member is located adjacent the third upwardly extending corner pillar and the fourth upwardly extending corner pillar (Reyes, Fig. 1, 230R similar to the fourth frame member is adjacent to the pillars 210R and 250R); a longitudinally extending first side frame member that includes an outwardly accessible accessory slot that extends a longitudinal extent of the first side frame member and an inwardly accessible accessory slot that extends the longitudinal extent of the first side frame member; wherein the outwardly accessible accessory slot of the first side frame member is located adjacent the inwardly accessible accessory slot of the first side frame member; wherein the outwardly accessible accessory slot of the first side frame member includes an opening that extends the longitudinal extent of the first side frame member and has a width less than a width of the outwardly accessible accessory slot of the first side frame member; wherein the inwardly accessible accessory slot of the first side frame member includes an opening that extends the longitudinal extent of the first side frame member and has a width less than a width of the inwardly accessible accessory slot of the first side frame member; wherein the opening of the outwardly accessible accessory slot of the first side frame member is positioned on an opposite side of the first side frame member from the opening of the inwardly accessible accessory slot of the first side frame member; and a longitudinally extending third side frame member that includes an outwardly accessible accessory slot that extends a longitudinal extent of the third side frame member and an inwardly accessible accessory slot that extends the longitudinal extent of the third side frame member; wherein the outwardly accessible accessory slot of the third side frame member is located adjacent the inwardly accessible accessory slot of the third side frame member; wherein the outwardly accessible accessory slot of the third side frame member includes an opening that extends the longitudinal extent of the third side frame member and has a width less than a width of the outwardly accessible accessory slot of the third side frame member; wherein the inwardly accessible accessory slot of the third side frame member includes an opening that extends the longitudinal extent of the third side frame member and has a width less than a width of the inwardly accessible accessory slot of the third side frame member; wherein the opening of the outwardly accessible accessory slot of the third side frame member is positioned on an opposite side of the third side frame member from the opening of the inwardly accessible accessory slot of the third side frame member (Reyes, Fig. 2A and 3, obvious to have same slotted frame members 230L and 230R on the sidewall of the cargo box, same can be done with Rohr’s frame members such that there are first and third side frame members at the bottom of the frame assembly with the same slotted configuration and meeting the limitations regarding the slots as claimed herein).
Reyes is considered to be analogous art because it is in the same field of pickup truck cargo box frame assembly as Rohr.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Rohr to incorporate the teachings of Reyes with a reasonable expectation of success and have the frame members located as taught by Reyes and have same frame members at the base near the sidewalls. Doing so provides additional support and reinforcement at the corner regions, base regions, and the side regions of the cargo box frame; also provides additional locations for accessories attachment.
Regarding claim 2, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the first side frame member and the third side frame member each have a base (Rohr, 33 in Fig. 3; or use 330L/R in Reyes Fig. 2A) configured to set on top of a sidewall (Rohr, Fig. 2, on sidewalls 9) of the cargo box.
Regarding claim 3, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the outwardly accessible accessory slot and the inwardly accessible accessory slot of the second side frame member are located transverse to (Rohr, Fig. 5, one pair of slots 32 is above the other pair of slots 32, they are transverse to one another with respect to the frame member) the second outwardly accessible accessory slot and the second inwardly accessible accessory slot of the second side frame member.
Regarding claim 4, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the outwardly accessible accessory slot and the inwardly accessible accessory slot of the fourth side frame member are located transverse to (Rohr, similar to the second frame member above) the second outwardly accessible accessory slot and the second inwardly accessible accessory slot of the fourth side frame member.
Regarding claim 5, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the second upwardly extending corner pillar is connectable to the first end frame member and the third upwardly extending corner pillar is connectable to the first end frame member opposite the second upwardly extending corner pillar (Rohr, see annotated Fig. 3).
Regarding claim 6, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the fourth upwardly extending corner pillar is connectable to the second end frame member and the first upwardly extending corner pillar is connectable to the second end frame member opposite the fourth upwardly extending corner pillar (Rohr, see annotated Fig. 3).
Regarding claim 7, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the first side frame member and the third side frame member are each a base frame member (Rohr, see annotated Fig. 3, and in combination with Reyes made in claim 1, they are the bottom member near the sidewalls therefore are base frame members).
Regarding claim 8, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the second side frame member and the fourth side frame member are each a top frame member (Rohr, see annotated Fig. 3, they are on the top of the cargo box frame).
Regarding claim 9, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the outwardly accessible accessory slot and the inwardly accessible accessory slot both of the first side frame member share a common wall (Rohr, Fig. 5, each pair of slots 32 share a common wall at the center of the frame member).
Regarding claim 11, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein the outwardly accessible accessory slot and the inwardly accessible accessory slot of the first side frame member are located at least about parallel to the outwardly accessible accessory slot and the inwardly accessible accessory slot of the second side frame member (Rohr, see annotated Fig. 3 and in view of the combination with Reyes above in claim 1, the two frames extend parallel to each other and the slots are extending along the length of the two frames therefore the slots are also parallel).
Regarding claims 14-18, the combination of Rohr in view of Reyes teaches the cargo box frame assembly as claimed. Claims 14-18 contain identical claim limitations from claim 1. Therefore, claim mapping will not be repeated herein.
Reyes is considered to be analogous art because it is in the same field of pickup truck cargo box frame assembly as Rohr.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Rohr to incorporate the teachings of Reyes with a reasonable expectation of success and have the frame members located as taught by Reyes and have same frame members at the base near the sidewalls. Doing so provides additional support and reinforcement at the corner regions, base regions, and the side regions of the cargo box frame; also provides additional locations for accessories attachment.
Claim(s) 10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Rohr in view of Reyes as applied to claim 1 above, and further in view of Coppenrath (US 12280643 B1).
Regarding claim 10, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, wherein each of the outwardly accessible accessory slot and the inwardly accessible accessory slot from each of the first side frame member, the second side frame member, the third side frame member, and the fourth side frame member are configured to receive a respective movable block (Rohr, 40A in Fig. 5, can secured to different locations along the slots) wherein the movable block disposed in the outwardly accessible accessory slot is attachable to a bracket (Rohr, paragraph 31, brackets; Fig. 5 shows bracket 39; annotated Fig. 3 also shows brackets).
The combination of Rohr in view of Reyes fails to teach movable block disposed within the inwardly accessible accessory slot is attachable to a truck cap panel member.
Coppenrath teaches movable block disposed within the inwardly accessible accessory slot is attachable to a truck cap panel member (Coppenrath, Col. 18 line 65 to Col. 19 line 2, panel can be secured to inside of the rack and Col. 5 lines 45-47 described the fastener or movable block is movable in the slot).
Coppenrath is considered to be analogous art because it is in the same field of pickup truck cargo box frame assembly as Rohr in view of Reyes.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Rohr in view of Reyes to incorporate the teachings of Coppenrath with a reasonable expectation of success and have panel member attach to the inward slots. Doing so provides versatile configuration according to the desires of different users, and allows attachment of panels in case the outer side damaged.
Regarding claim 12, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, but fails to teach the second side frame member and the fourth side frame member each includes a support panel extending from the second inwardly accessible accessory slot of the second side frame member and the fourth side frame member, respectively.
Coppenrath teaches the second side frame member and the fourth side frame member each includes a support panel (Coppenrath, 70 in Fig. 9A-9B and 10A, can have multiple so that the two side frame members can each include one) extending from the second inwardly accessible accessory slot of the second side frame member and the fourth side frame member, respectively (Coppenrath, Col. 18 line 65 to Col. 19 line 2, panel can be secured to inside slot; after combination, the panel can be attached to the second inward slots of Rohr).
Coppenrath is considered to be analogous art because it is in the same field of pickup truck cargo box frame assembly as Rohr in view of Reyes.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Rohr in view of Reyes to incorporate the teachings of Coppenrath with a reasonable expectation of success and have support panels. Doing so provides versatile configuration according to the desires of different users, and allows attachment of panels in case the outer side damaged.
Regarding claim 13, the combination of Rohr in view of Reyes teaches the cargo box frame assembly of claim 1, but fails to teach the first end frame member and the second end frame member each includes a support panel extending from the second inwardly accessible accessory slot of the first end frame member and the second end frame member, respectively.
Coppenrath teaches a support panel (Coppenrath, 70 in Fig. 9A-9B and 10A) extending from the second inwardly accessible accessory slot of the first end frame member (Coppenrath, Col. 18 line 65 to Col. 19 line 2, panel can be secured to inside slot; after combination, the panel can be attached to the second inward slot of Rohr).
Coppenrath is considered to be analogous art because it is in the same field of pickup truck cargo box frame assembly as Rohr in view of Reyes.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Rohr in view of Reyes to incorporate the teachings of Coppenrath with a reasonable expectation of success and have support panels. Doing so provides versatile configuration according to the desires of different users, and allows attachment of panels in case the outer side damaged.
The combination of Rohr in view of Reyes and Coppenrath teaches the claimed invention except for the second end frame member also includes a support panel. It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the claimed invention to duplicate the support panel of the first end member as taught by Coppenrath such that the second end member also has a support panel, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), MPEP 2144.04 VI. Doing so provides protections, support, and places to hold items at the second end frame area.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references that are not relied upon all disclose pickup truck cargo box frame assemblies.
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/WENWEI ZHUO/Examiner, Art Unit 3612
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