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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the shipping surface” and “the second shipping surface” of claim 40 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 21-32 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 21 is not clearly understood because “the front sidewall” lacks a clear antecedent basis. The examiner believes the term should be –the front wall--.
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.
Claims 21-30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3210860 in view of Wang et al. (US 2018/0037404).
EP 3210860 discloses a method of assembling a cargo body of a vehicle. The “from a kit assembly” phrase is given little patentable weight because it has no impact on the method defined by the body of the claim. The method comprises aligning a first base rail connector (16) of a first sidewall (13) with a first side connector (17,18) on a first edge of a floor assembly (14), as shown in Figure 4. The first base rail connector is fastened to the first side connector of the floor assembly, as shown in Figure 4 and disclosed in paragraphs [0043] and [0045]. A second sidewall (13) mirrors the first sidewall (13) and is assembled to the floor (14) in the same manner. A third rail connector (15) of a front wall (3,11) is aligned with a connector (16) to attach fasten the front wall to the cargo body, as disclosed in paragraph [0029]. A fourth rail connector (18) of a rear door assembly (6,7,49) is aligned with a connector (16) to fasten the rear door assembly to the cargo body, as shown in Figure 5 and disclosed in paragraph [0046]. A roof (12) having a top rail (18) is positioned over the first side wall (13), the second side wall (13), the front wall (3,11), and the rear door assembly (6,7,49) opposite of the floor assembly (14), as shown in Figures 1 and 3. The top rail (18) receives a portion of the first side wall (13), the second side wall (13), the front wall (3,11), and the rear door assembly (6-8,49), as shown in Figures 1-5 and disclosed in paragraphs [0001] and [0044]. Paragraphs [0025]-[0027] state panels can have the profiled connections along 2-4 edges, and the panels include front, side, and rear panels.
In reference to claim 22, fastening the top rail (18) of roof (12) to at least one of the first side wall (13), the second side wall (13), and the front wall (3,11) by using mechanical fasteners. The connection can be made by snap fit, as shown in Figures 2B-5 and disclosed in paragraphs [0012] and [0035].
In reference to claim 23, the mechanical fasteners are at least partially received by an embedded first roof anchor of the first side wall (13) and an embedded second roof anchor of the second sidewall (13), as shown in Figure 3. The snap fit structure is embedded in the panels so one side of the snap fit structure is an embedded anchor that receives a mechanical fastener, as shown in Figure 3.
In reference to claim 24, the fastening steps are completed using mechanical fasteners, as shown in Figures 2B-5 and disclosed in paragraphs [0012] and [0035].
In reference to claim 25, the base rails (16) are bonded to the first and second side walls (13), as disclosed in paragraph [0031].
In reference to claim 26, the connectors are adhesively bonded to the panel, as disclosed in paragraph [0016]. The floor assembly (14) is one of the panels.
In reference to claim 27, a first vertical rail is aligned so that a first portion of the first vertical rail overlaps the first side wall (13) and a second portion of the first vertical rail overlaps the front wall (3,11), as shown in Figures 1 and 3 and disclosed in paragraph [0044]. The first vertical rail is fastened to the first side wall (13) and the front wall (3,11) using mechanical fasteners, as shown in Figures 2A-3 and disclosed in paragraph [0044].
In reference to claim 28, the mechanical fasteners are at least partially received by an embedded first front anchor of the first sidewall (13) or an embedded first side anchor of the front wall (3,11), as shown in Figures 2A-3 and disclosed in paragraphs [0030] and [0044].
In reference to claim 29, a second vertical rail is a mirrored image of the first vertical rail and connects the front wall (3,11) and the second side wall (13) in the manner discussed above in reference to claim 27.
In reference to claim 30, the mechanical fasteners are at least partially received by an embedded second front anchor of the second sidewall (13) or an embedded second side anchor of the front wall (3,11), as shown in Figures 2A-3 and disclosed in paragraphs [0030] and [0044].
In reference to claim 32, claim 32 depends from claim 21 so the claim is broadly read to include edge to edge connections of a sidewall panel and an additional coplanar sidewall panel that are arranged in one in front of the other in the vehicle longitudinal direction. This can be for both side walls (13). This type of connection is shown using embedded rear connectors in Figure 2B and paragraphs [0029] and [0043].
However, EP 3210860 does not explicitly disclose base rails connecting the front wall and the rear door assembly to edges of the floor assembly.
Wang et al. teaches connecting the front wall (15) to the front edge of the floor assembly, as shown in Figure 3. The rear door frame (6) is connected to the rear edge of the floor assembly, as disclosed in paragraph [0003].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to align and fasten a third base rail connector of the front wall with a third side connector on a third edge of the floor assembly and the fourth base rail connector of the rear door assembly with the fourth side connector of the floor assembly of EP 3210860, as taught by Wang et al., with a reasonable expectation for success form the cargo box with secure connections between all adjacent components to improve rigidity to reduce stress and improve life of the components.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of EP 3210860 and Wang et al. (US 2018/0037404), as applied to claim 31, in view of Wang et al. (US 2018/0037404).
EP 3210860, as modified, discloses the rear door assembly (6-8,49) includes a first siderail connector (18), a second siderail connector (18), and a rear top rail, as shown in Figures 1 and 5. The top rail of the roof is fastened to the rear top rail, as shown in Figure 1. The side rail connectors (18) are fastened to the side walls (13), as shown in Figure 5.
However, EP 3210860, as modified, does not disclose the siderail connectors that are fastened to the sidewalls using mechanical fasteners.
Wang et al. teaches fastening siderail connectors (62) to sidewalls with mechanical fasteners (81), as shown in Figure 7.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to fasten the siderail connectors to the sidewalls of EP 3210860, as modified, using mechanical fasteners, as taught by Wang et al., with a reasonable expectation for success to provide support while the adhesive cures.
Claims 33-37 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3210860 in view of FRCVHSC-MSC, further in view of Wang et al. (US 2018/0037404).
EP 3210860 discloses a method of assembling a cargo body of a vehicle comprising fixing a first horizontal portion of a first side connector (18) to a first side surface of a floor assembly (14) and a second horizontal portion of a second side connector (18) to a second side surface. Each of the first and second side connectors (18) include a vertical portion extending away from the respective horizontal portion toward a second surface of the floor assembly opposite the first surface of the floor assembly (14), as shown in Figure 4. The floor assembly has a third side and a fourth side. Components (15,16) to support at least two components of the group consisting of a first sidewall (13), a second sidewall (13), a roof (12), and a nose wall (3,11), as shown in Figures 1-4 and disclosed in paragraphs [0027]-[0029]. The side connectors (18) of the floor are embedded in the floor so they must be assembled at a first factory location and not at a second location of the end user.
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In reference to claim 35, the vertical portions of the side connectors are fastened to a portion of a respective base rail of a wall so that wall and floor assembly are coupled, as shown in Figure 4.
In reference to claim 36, each side wall (13) includes a first embedded connector (16) along a first side of a corresponding sidewall (13), as shown in Figures 1-3. The first side angled relative to a base rail fixed to a lower portion of the corresponding sidewall, as shown in Figure 1 and disclosed in paragraph [0043]. A second embedded connector (16)extends along a second side of the corresponding sidewall (13) opposite to the first side and angled relative to the base rail, as shown in Figure 1. A third embedded (16) extends along a third side of the corresponding sidewall (13) and opposite to the base rail, as shown in Figure 1. The first embedded connector (16), the second embedded connector (16), and the third embedded connector (16) are each configured to receive mechanical fasteners during subsequent assembly of the cargo body, as shown in Figures 1-4.
In reference to claim 37, the first kit can include a plurality of floor assemblies since the floor can be made of multiple panels, as each panel can be made of multiple panels, as disclosed in paragraph [0029].
However, EP 3210860 does not explicitly disclose additional side connector and packaging the floor assembly in a kit separate from a kit with the at least two components of the walls.
FRCVHSC-MSC teaches packaging wall components of a cargo box in a kit separate from the floor assembly, see section 13 of page 11. The cargo box is assembled at the end user’s location and not the location of the factory.
Wang et al. teaches connecting the front wall (15) to the front edge of the floor assembly, as shown in Figure 3. The rear door frame (6) is connected to the rear edge of the floor assembly, as disclosed in paragraph [0003].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
package the floor assembly and the wall components of the cargo box of EP 3210860 in separate kit assemblies, as taught by FRCVHSC-MSC, with a reasonable expectation for success to reduce shipping costs; and,
using similar connectors along the third and fourth side of the floor assembly of EP 3210860, as taught by Wang et al., resulting in a horizontal portion fixed to the first surface and a vertical portion extending toward the second surface of the floor assembly with a reasonable expectation for success form the cargo box with secure connections between all adjacent components to improve rigidity to reduce stress and improve life of the components.
Claims 38-45 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3210860 in view of Shoemaker (US 2007/0262601).
EP 3210860 discloses a kit assembly comprising first and second composite side walls (13), as shown in Figures 1-5. Each sidewall (13) has a base rail connector coupled to a bottom edge of the sidewall, as shown in Figure 4. Each sidewall (13) has an embedded front anchor near a front edge of the side wall, as shown in Figure 3, an embedded roof anchor near a top edge of the sidewall (13), as shown in Figure 3, and a rear anchor near a rear edge of the sidewall (13), as shown in Figure 5. The kit assembly inherently has a pre-assembled first configuration and an assembled configuration where the sidewalls (13) are positioned to define a cargo body, as shown in Figure 1.
In reference to claims 41-45, the sidewalls (13), roof (12) and front wall can be assembled using only mechanical fasteners (15-18).
In reference to claim 45, the rear door assembly has a base rail connector, a first siderail connector coupled to the base rail connector and extending away from the base rail connector, a rear top rail coupled to the first side rail connector opposite the base rail connector, and a second siderail connector coupled to the base rail connector and the rear top rail opposite the first siderail connector, as shown in Figures 1 and 5.
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However, EP 3210860 does not disclose a first configuration of the kit with the sidewalls stacked for shipment to a customer.
Shoemaker teaches providing walls of a cargo body of a vehicle in a kit with a first configuration with the sidewalls staked for shipment to a customer, as shown in Figures 15 and 16 and disclosed in paragraphs [0148]-[0150].
In reference to claim 39, the kit assembly is in the first configuration at a first geographical location and in the second configuration at a second geographical location different from the first geographical location, as disclosed in paragraphs [0148]-[0150].
In reference to claim 40, the rear door assembly (30) forms a first shipping surface configured to support the first and second sidewalls (24,26) and a sidewall (24) forms a second shipping surface separate from the first shipping surface and configured to support a root (32), as shown in Figure 16.
In reference to claim 41, the first sidewall (24) is structurally assembled with the composite front wall (28) at the second geographical location.
In reference to claim 42, the second sidewall (26) is assembled with the composite front wall (28) at the second geographical location.
In reference to claims 43 and 44, the sidewalls (24,26) are assembled with the roof (32) at the second geographical location.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cargo body of EP 3210860 in a kit with a first configuration with stacked component at a first geographical location and a second configuration of an assembled cargo body at a second geographical location different from the first geographical location, as taught by Shoemaker, with a reasonable expectation for success to provide a compact shipping configuration to reduce shipping costs and storage volume.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (US 2018/0037404) teaches the use of screws (81) to connect the rail connectors and base connectors of various walls of a vehicle cargo body, as shown in Figures 1-7.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 September 17, 2026
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