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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,637,126 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons provided in the table below.
Application 18/962,203
U.S. Patent No. 12,637,126 B2
Claim 1: A system for attaching an article retaining bed to a chassis comprising: an article retaining bed comprising a bolt receiver, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length; a receiver head depth; and a receiver bearing surface; and a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; a chassis; a bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; and a bolt shank comprising a bolt shank diameter and a bolt shank depth; and a nut configured to screw onto the bolt shank.
Claim 1: A system for attaching an article retaining bed to a chassis comprising: an article retaining bed comprising a bolt receiver, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length; a receiver head depth; and a receiver bearing surface; wherein the receiver head width is substantially equal to the receiver head length; and a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; a chassis; a bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; wherein the bolt head width is substantially equal to the bolt head length; and a bolt shank comprising: a bolt shank diameter; and a bolt shank depth; and a nut configured to screw onto the bolt shank.
Claim 2: The system for attaching an article retaining bed to a chassis of claim 1 wherein the head bearing surface rests against the receiver bearing surface.
Claim 2: The system for attaching an article retaining bed to a chassis of claim 1 wherein the head bearing surface rests against the receiver bearing surface.
Claim 3: The system for attaching an article retaining bed to a chassis of claim 2 wherein the bolt head cannot rotate.
Claim 3: The system for attaching an article retaining bed to a chassis of claim 2 wherein the bolt head cannot rotate.
Claim 4: The system for attaching an article retaining bed to a chassis of claim 3 wherein the receiver shaft comprises at least one nub.
Claim 4: The system for attaching an article retaining bed to a chassis of claim 3 wherein the receiver shaft comprises at least one nub.
Claim 5: The system for attaching an article retaining bed to a chassis of claim 4 wherein the nub is formed as part of the retaining bed.
Claim 5: The system for attaching an article retaining bed to a chassis of claim 4 wherein the nub is formed as part of the retaining bed.
Claim 6: The system for attaching an article retaining bed to a chassis of claim 5 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 6: The system for attaching an article retaining bed to a chassis of claim 5 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 7: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located adjacent to the receiver bearing surface.
Claim 7: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located adjacent to the receiver bearing surface.
Claim 8: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located distal to the receiver bearing surface.
Claim 8: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located distal to the receiver bearing surface.
Claim 9: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises two nubs.
Claim 9: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises two nubs.
Claim 10: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises three nubs.
Claim 10: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises three nubs.
Claim 11: The system for attaching an article retaining bed to a chassis of claim 1 wherein the nut is a nylon insert lock nut.
Claim 11: The system for attaching an article retaining bed to a chassis of claim 1 wherein the nut is a nylon insert lock nut.
Claim 12: A method for attaching an article retaining bed to a chassis: inserting a bolt through an article retaining bed bolt receiver and the chassis, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length; a receiver head depth; and a receiver bearing surface; a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; and at least one nub; the bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; a bolt shank comprising: a bolt shank diameter; and a bolt shank depth; wherein the head bearing surface rests against the receiver bearing surface; wherein the bolt head cannot rotate more than 90 degrees; wherein the nub prevents the bolt from dislodging from the bolt receiver by at least a force of gravity; and securing the chassis to the article retaining bed by screwing a nut to the bolt shank.
Claim 12: A method for attaching an article retaining bed to a chassis: inserting a bolt through an article retaining bed bolt receiver and the chassis, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length; a receiver head depth; and a receiver bearing surface; wherein the receiver head width is substantially equal to the receiver head length; a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; and at least one nub; the bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; wherein the bolt head width is substantially equal to the bolt head length; and a bolt shank comprising: a bolt shank diameter; and a bolt shank depth; wherein the head bearing surface rests against the receiver bearing surface; wherein the bolt head cannot rotate more than 90 degrees; wherein the nub prevents the bolt from dislodging from the bolt receiver by at least a force of gravity; and securing the chassis to the article retaining bed by screwing a nut to the bolt shank.
Claim 13: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nut is a nylon insert lock nut.
Claim 13: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nut is a nylon insert lock nut.
Claim 14: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises two nubs.
Claim 14: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises two nubs.
Claim 15: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises three nubs.
Claim 15: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises three nubs.
Claim 16: The method of attaching an article retaining bed to a chassis of claim 15 wherein one of the nubs is formed as part of the retaining bed.
Claim 16: The method of attaching an article retaining bed to a chassis of claim 15 wherein at least one of the nubs is formed as part of the retaining bed.
Claim 17: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 17: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 18: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located distal to the receiver bearing surface.
Claim 18: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located distal to the receiver bearing surface.
Claim 19: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located adjacent to the receiver bearing surface.
Claim 19: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located adjacent to the receiver bearing surface.
Claim 20: The method of attaching an article retaining bed to a chassis of claim 17 comprising a nub located distal to the receiver bearing surface and a nub located adjacent to the receiver bearing surface.
Claim 20: The method of attaching an article retaining bed to a chassis of claim 17 comprising a nub located distal to the receiver bearing surface and a nub located adjacent to the receiver bearing surface.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,623,706 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons provided in the table below.
Application 18/962,203
U.S. Patent No. 12,623,706 B2
Claim 1: A system for attaching an article retaining bed to a chassis comprising: an article retaining bed comprising a bolt receiver, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length; a receiver head depth; and a receiver bearing surface; and a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; a chassis; a bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; and a bolt shank comprising a bolt shank diameter and a bolt shank depth; and a nut configured to screw onto the bolt shank.
Claim 1: A system for attaching an article retaining bed to a chassis comprising: an article retaining bed comprising a bolt receiver, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length, the receiver head length being substantially equal to the receiver head width; a receiver head depth; and a receiver bearing surface; and a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; a chassis; a bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being substantially equal to the bolt head width and less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; wherein the bolt head width is substantially equal to the bolt head length; and a bolt shank comprising: a bolt shank diameter; and a bolt shank depth; and a nut configured to screw onto the bolt shank.
Claim 2: The system for attaching an article retaining bed to a chassis of claim 1 wherein the head bearing surface rests against the receiver bearing surface.
Claim 2: The system for attaching an article retaining bed to a chassis of claim 1 wherein the head bearing surface rests against the receiver bearing surface.
Claim 3: The system for attaching an article retaining bed to a chassis of claim 2 wherein the bolt head cannot rotate.
Claim 3: The system for attaching an article retaining bed to a chassis of claim 2 wherein the bolt head cannot rotate.
Claim 4: The system for attaching an article retaining bed to a chassis of claim 3 wherein the receiver shaft comprises at least one nub.
Claim 4: The system for attaching an article retaining bed to a chassis of claim 3 wherein the receiver shaft comprises at least one nub.
Claim 5: The system for attaching an article retaining bed to a chassis of claim 4 wherein the nub is formed as part of the retaining bed.
Claim 5: The system for attaching an article retaining bed to a chassis of claim 4 wherein the nub is formed as part of the retaining bed.
Claim 6: The system for attaching an article retaining bed to a chassis of claim 5 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 6: The system for attaching an article retaining bed to a chassis of claim 5 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 7: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located adjacent to the receiver bearing surface.
Claim 7: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located adjacent to the receiver bearing surface.
Claim 8: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located distal to the receiver bearing surface.
Claim 8: The system for attaching an article retaining bed to a chassis of claim 6 wherein the nub is located distal to the receiver bearing surface.
Claim 9: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises two nubs.
Claim 9: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises two nubs.
Claim 10: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises three nubs.
Claim 10: The system for attaching an article retaining bed to a chassis of claim 8 wherein the receiver shaft comprises three nubs.
Claim 11: The system for attaching an article retaining bed to a chassis of claim 1 wherein the nut is a nylon insert lock nut.
Claim 11: The system for attaching an article retaining bed to a chassis of claim 1 wherein the nut is a nylon insert lock nut.
Claim 12: A method for attaching an article retaining bed to a chassis: inserting a bolt through an article retaining bed bolt receiver and the chassis, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length; a receiver head depth; and a receiver bearing surface; a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; and at least one nub; the bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; a bolt shank comprising: a bolt shank diameter; and a bolt shank depth; wherein the head bearing surface rests against the receiver bearing surface; wherein the bolt head cannot rotate more than 90 degrees; wherein the nub prevents the bolt from dislodging from the bolt receiver by at least a force of gravity; and securing the chassis to the article retaining bed by screwing a nut to the bolt shank.
Claim 12: A method for attaching an article retaining bed to a chassis: inserting a bolt through an article retaining bed bolt receiver and the chassis, the bolt receiver comprising: a receiver head comprising: a receiver head width; a receiver head length, the receiver head length being equal to the receiver head width; a receiver head depth; and a receiver bearing surface; a receiver shaft comprising a receiver shaft diameter and a receiver shaft depth; and at least one nub; the bolt comprising: a bolt head comprising: a head surface; a head width, the bolt head width being less than the receiver head width; a head length, the bolt head length being equal to the bolt head width and less than the receiver head length; a head depth, the bolt head depth being less than the receiver head depth; and a head bearing surface; wherein the bolt head width is substantially equal to the bolt head length; and a bolt shank comprising: a bolt shank diameter; and a bolt shank depth; wherein the head bearing surface rests against the receiver bearing surface; wherein the bolt head cannot rotate more than 90 degrees; wherein the nub prevents the bolt from dislodging from the bolt receiver by at least a force of gravity; and securing the chassis to the article retaining bed by screwing a nut to the bolt shank.
Claim 13: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nut is a nylon insert lock nut.
Claim 13: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nut is a nylon insert lock nut.
Claim 14: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises two nubs.
Claim 14: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises two nubs.
Claim 15: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises three nubs.
Claim 15: The method of attaching an article retaining bed to a chassis of claim 12 wherein the bolt receiver comprises three nubs.
Claim 16: The method of attaching an article retaining bed to a chassis of claim 15 wherein one of the nubs is formed as part of the retaining bed.
Claim 16: The method of attaching an article retaining bed to a chassis of claim 15 wherein one of the nubs is formed as part of the retaining bed.
Claim 17: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 17: The method of attaching an article retaining bed to a chassis of claim 12 wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity.
Claim 18: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located distal to the receiver bearing surface.
Claim 18: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located distal to the receiver bearing surface.
Claim 19: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located adjacent to the receiver bearing surface.
Claim 19: The method of attaching an article retaining bed to a chassis of claim 17 wherein the nub is located adjacent to the receiver bearing surface.
Claim 20: The method of attaching an article retaining bed to a chassis of claim 17 comprising a nub located distal to the receiver bearing surface and a nub located adjacent to the receiver bearing surface.
Claim 20: The method of attaching an article retaining bed to a chassis of claim 17 comprising a nub located distal to the receiver bearing surface and a nub located adjacent to the receiver bearing surface.
Specification
The disclosure is objected to because of the following informalities:
In page 6, line 17, “cart 110” seems to be directed to state --cart 100--, as previously recited throughout the specification.
In page 10, line 22, “length 231 and 232” seems to be directed to state --length 231 and diameter 232--, as can be understood in reference to Fig. 34.
In page 11, lines 19-20, “the square-head bolt shank diameter 231. The square-head bolt shank length 232” seems to be directed to state --the square-head bolt shank diameter 232. The square-head bolt shank length 231--, as can be understood in reference to Figs. 31 and 34.
Appropriate correction is required.
Claim Objections
Claims 5-8, 12, and 16-19 are objected to because of the following informalities:
In claim 5, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 6, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 7, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 8, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 12, line 27, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 16, line 2, “one of the nubs” seems to be directed to state --one of the three nubs--, for addition clarity.
In claim 17, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 18, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
In claim 19, line 2, “the nub” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --the at least one nub--.
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over DiStasio et al. US 20080205974 A1, in view of Mandell et al. US 5395163 A.
Regarding claim 1, DiStasio et al. disclose a bolt receiver (750; Fig. 96) comprising:
a receiver head (see annotated Fig. 96) comprising:
a receiver head width (see annotated Fig. 96);
a receiver head length (see annotated Fig. 96);
a receiver head depth (see annotated Fig. 96);
and a receiver bearing surface (see annotated Fig. 96);
and a receiver shaft (753) comprising a receiver shaft diameter and a receiver shaft depth (see annotated Fig. 96; paragraph 0395);
a bolt (772; Fig. 97a-97b; paragraph 0396) comprising:
a bolt head (775) comprising:
a head surface (see annotated Fig. 97b);
a head width (see annotated Fig. 97b), the bolt head width being less than the receiver head width (see annotated Fig. 98a);
a head length (see annotated Fig. 97b), the bolt head length being less than the receiver head length (see annotated Fig. 98a);
a head depth (see annotated Fig. 97a), the bolt head depth being less than the receiver head depth (Fig. 98a; “locking mechanisms be housed or secured in an assortment of recess designs” paragraph 0408);
and a head bearing surface (see annotated Fig. 97a); and a bolt shank (773) comprising a bolt shank diameter and a bolt shank depth (see annotated Fig. 97a; paragraph 0396); and
a nut (40) configured to screw onto the bolt shank (paragraph 0148).
DiStasio et al. do not disclose a system for attaching an article retaining bed to a chassis comprising: an article retaining bed comprising a bolt receiver.
However, Mandell et al. disclose a system for attaching a tilting article retaining bed (Mandell et al. 11; Mandell et al. col. 3, lines 11-14) to a chassis (Mandell et al. 12/15) (Mandell et al. col. 3, lines 18-21) comprising: an article retaining bed comprising a bolt receiver (Mandell et al. 38; Mandell et al. Fig. 5; Mandell et al. col. 4, lines 4-7).
Therefore, it 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 to combine the receiver and bolt structure of DiStasio et al. with the bed and chassis attachment system as taught by Mandell et al. with a reasonable expectation of success for the advantage of providing optimized fastener design features to prevent undesired separations between the article retaining bed and the chassis, particularly when the bed is tilted for dumping, as would be known by one of ordinary skill in the art.
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Regarding claim 2, DiStasio et al., in view of Mandell et al., the system for attaching an article retaining bed to a chassis of claim 1, as discussed above, wherein the head bearing surface rests against the receiver bearing surface (DiStasio et al. Fig. 98a; DiStasio et al. paragraphs 0037 and 0395).
Regarding claim 3, DiStasio et al., in view of Mandell et al., disclose the system for attaching an article retaining bed to a chassis of claim 2, as discussed above, wherein the bolt head cannot rotate (DiStasio et al. paragraph 0399).
Regarding claim 4, DiStasio et al., in view of Mandell et al., disclose the system for attaching an article retaining bed to a chassis of claim 3, as discussed above, wherein the receiver shaft comprises at least one nub (DiStasio et al. 1526; DiStasio et al. Fig. 35uu; DiStasio et al. paragraph 0287).
The examiner notes that DiStasio et al. Fig. 35uu discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
Regarding claim 5, DiStasio et al., in view of Mandell et al., disclose the system for attaching an article retaining bed to a chassis of claim 4, as discussed above, wherein [the at least one nub] (DiStasio et al. 1526; DiStasio et al. Fig. 35uu; DiStasio et al. paragraph 0287) is formed as part of the retaining bed (Mandell et al. 38; Mandell et al. col. 4, lines 4-7).
Regarding claim 11, DiStasio et al., in view of Mandell et al., disclose the system for attaching an article retaining bed to a chassis of claim 1, as discussed above, wherein the nut is a nylon insert lock nut (DiStasio et al. Fig. 35pp; DiStasio et al. paragraph 0284).
Claims 6-10 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over DiStasio et al. US 20080205974 A1, in view of Mandell et al. US 5395163 A, and further in view of Kielinski US 6193319 B1.
Regarding claim 6, DiStasio et al., in view of Mandell et al., disclose the system for attaching an article retaining bed to a chassis of claim 5, as discussed above, wherein [the at least one nub] prevents the bolt from dislodging from the bolt receiver (DiStasio et al. paragraphs 0399).
DiStasio et al., in view of Mandell et al., do not disclose dislodgement by gravity.
However, Kielinski discloses a bolt-secured (Kielinski Fig. 3; Kielinski col. 4, lines 40-51) tiltable cart influenced by gravity (Kielinski Fig. 6; Kielinski col. 5, lines 20-23).
Therefore, it 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 to combine the system of DiStasio et al., in view of Mandell et al., with the functionality as taught by Kielinski with a reasonable expectation of success for the advantage of ensuring the securement of the bed and chassis remain attached when the bed is tilted during use, as would be known by one of ordinary skill in art.
Regarding claim 7, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the system for attaching an article retaining bed to a chassis of claim 6, as discussed above, wherein [the at least one nub] (DiStasio et al. 586/588; DiStasio et al. Fig. 67) is located adjacent to the receiver bearing surface (DiStasio et al. 578; see annotated DiStasio et al. Fig. 67).
The examiner notes that DiStasio et al. Fig. 67 discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
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Regarding claim 8, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the system for attaching an article retaining bed to a chassis of claim 6, as discussed above, wherein [the at least one nub] (DiStasio et al. 540/542; DiStasio et al. Fig. 64a) is located distal to the receiver bearing surface (see annotated DiStasio et al. Fig. 64a).
The examiner notes that DiStasio et al. Fig. 64a discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
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Regarding claim 9, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the system for attaching an article retaining bed to a chassis of claim 8, as discussed above, wherein the receiver shaft comprises two nubs (DiStasio et al. 540/542; DiStasio et al. Fig. 64a).
Regarding claim 10, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the system for attaching an article retaining bed to a chassis of claim 8, as discussed above, wherein the receiver shaft comprises three nubs (DiStasio et al. 158; DiStasio et al. Fig. 14) (DiStasio et al. paragraphs 0026 and 0227).
The examiner notes that DiStasio et al. Fig. 14 discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
Regarding claim 12, DiStasio et al. disclose inserting a bolt (772; Fig. 97a-97b; paragraph 0396) through a bolt receiver (750; Fig. 96), the bolt receiver comprising:
a receiver head (see annotated Fig. 96) comprising:
a receiver head width (see annotated Fig. 96);
a receiver head length (see annotated Fig. 96);
a receiver head depth (see annotated Fig. 96); and
a receiver bearing surface (see annotated Fig. 96);
a receiver shaft (753) comprising a receiver shaft diameter and a receiver shaft depth (see annotated Fig. 96; paragraph 0395); and
at least one nub (761-764);
the bolt comprising:
a bolt head (775) comprising:
a head surface (see annotated Fig. 97b);
a head width (see annotated Fig. 97b), the bolt head width being less than the receiver head width (see annotated Fig. 98a);
a head length (see annotated Fig. 97b), the bolt head length being less than the receiver head length (see annotated Fig. 98a);
a head depth (see annotated Fig. 97a), the bolt head depth being less than the receiver head depth (Fig. 98a; “locking mechanisms be housed or secured in an assortment of recess designs” paragraph 0408); and
a head bearing surface (see annotated Fig. 97a);
a bolt shank (773) comprising:
a bolt shank diameter (see annotated Fig. 97a; paragraph 0396); and
a bolt shank depth (see annotated Fig. 97a; paragraph 0396);
wherein the head bearing surface rests against the receiver bearing surface (Fig. 98a; paragraphs 0037 and 0395);
wherein the bolt head cannot rotate more than 90 degrees (paragraphs 0202-0203);
wherein [the at least one nub] prevents the bolt from dislodging from the bolt receiver (paragraphs 0399); and
screwing a nut (40) to the bolt shank (paragraph 0148).
DiStasio et al. do not disclose a method for attaching and securing an article retaining bed to a chassis, the article retaining bed comprising a bolt receiver.
However, Mandell et al. disclose a method for attaching and securing a tilting article retaining bed (Mandell et al. 11; Mandell et al. col. 3, lines 11-14) to a chassis (Mandell et al. 12/15) (Mandell et al. col. 3, lines 18-21), the article retaining bed comprising a bolt receiver (Mandell et al. 38; Mandell et al. Fig. 5; Mandell et al. col. 4, lines 4-7).
Therefore, it 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 to combine the receiver and bolt structure of DiStasio et al. with the bed and chassis attachment system as taught by Mandell et al. with a reasonable expectation of success for the advantage of providing optimized fastener design features to prevent undesired separations between the article retaining bed and the chassis, particularly when the bed is tilted for dumping, as would be known by one of ordinary skill in the art.
Additionally, DiStasio et al., in view of Mandell et al., do not disclose dislodgement by gravity.
However, Kielinski discloses a bolt-secured (Kielinski Fig. 3; Kielinski col. 4, lines 40-51) tiltable cart influenced by gravity (Kielinski Fig. 6; Kielinski col. 5, lines 20-23).
Therefore, it 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 to combine the system of DiStasio et al., in view of Mandell et al., with the functionality as taught by Kielinski with a reasonable expectation of success for the advantage of ensuring the securement of the bed and chassis remain attached when the bed is tilted during use, as would be known by one of ordinary skill in art.
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Regarding claim 13, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 12, as discussed above, wherein the nut is a nylon insert lock nut (DiStasio et al. Fig. 35pp; DiStasio et al. paragraph 0284).
Regarding claim 14, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 12, as discussed above, wherein the bolt receiver comprises two nubs (DiStasio et al. 540/542; DiStasio et al. Fig. 64a).
The examiner notes that DiStasio et al. Fig. 64a discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
Regarding claim 15, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 12, as discussed above, wherein the bolt receiver comprises three nubs (DiStasio et al. 158; DiStasio et al. Fig. 14) (DiStasio et al. paragraphs 0026 and 0227).
The examiner notes that DiStasio et al. Fig. 14 discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
Regarding claim 16, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 15, as discussed above, wherein [one of the three nubs] (DiStasio et al. 158; DiStasio et al. Fig. 14) is formed as part of the retaining bed (Mandell et al. 38; Mandell et al. col. 4, lines 4-7).
Regarding claim 17, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 12, as discussed above, wherein the nub prevents the bolt from dislodging from the bolt receiver by gravity (Kielinski Fig. 6; Kielinski col. 5, lines 20-23).
Regarding claim 18, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 17, as discussed above, wherein [the at least one nub] (DiStasio et al. 540/542; DiStasio et al. Fig. 64a) is located distal to the receiver bearing surface (see annotated DiStasio et al. Fig. 64a).
The examiner notes that DiStasio et al. Fig. 64a discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
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Regarding claim 19, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 17, as discussed above, wherein [the at least one nub] (DiStasio et al. 586/588; DiStasio et al. Fig. 67) is located adjacent to the receiver bearing surface (DiStasio et al. 578; see annotated DiStasio et al. Fig. 67).
The examiner notes that DiStasio et al. Fig. 67 discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
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Regarding claim 20, DiStasio et al., in view of Mandell et al. and Kielinski, disclose the method of attaching an article retaining bed to a chassis of claim 17, as discussed above, comprising a nub located distal to the receiver bearing surface (see annotated DiStasio et al. Fig. 46f) and a nub (DiStasio et al. 1664) located adjacent to the receiver bearing surface (see annotated DiStasio et al. Fig. 46f; DiStasio et al. paragraph 0314).
The examiner notes that DiStasio et al. Fig. 46f discloses a different embodiment than what was discussed in previous claims above. It would be obvious to a person having ordinary skill in the art to which the claimed invention pertains to combine the features previously recited in order to optimize the bolt receiving system for the advantage of minimizing the risk of loosening fastening members between the bed and chassis.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Suzuki US 20100040431 A1 discloses a bolt and bolt receiver with nubs on the bolt head.
Caponera et al. US 20180313388 A1 disclose a bolt and bolt receiver fastener system.
McGrath, Jr. US 4907923 A discloses a bolt with nubs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM.
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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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/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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