DETAILED ACTION
This action is a first action on the merits. The claims filed on December 16, 2024 have been entered. Claims 1-20 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims benefit of US Provisional Application No. 63/611,402 filed on December 18, 2023.
Information Disclosure Statement
The information disclosure statement filed March 20, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specifically, there are no legible copies of the cited non-patent literature publications.
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 2-3 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 2: The term “substantially” in claims 2 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, one of ordinary skill in the art would not be apprised with how close the length of first and second rail members have to be to the length of the first and second side walls, respectively to be considered substantially the same length and meet the limitations of the claim.
Appropriate correction and/or clarification is required.
Claim 3: The term “substantially” in claim 3 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, one of ordinary skill in the art would not be apprised with how close the width of first and second rail members have to be to the width of the first and second side walls, respectively to be considered substantially the same width and meet the limitations of the claim
Appropriate correction and/or clarification 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.
Claim(s) 1-13 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nadeau, US 2023/0003020 (hereinafter Nadeau) in view of Allison, US 5,193,325 (hereinafter Allison).
Claim 1: Nadeau discloses recreational travel trailer (camping trailer, abstract), comprising:
a frame (frame 18);
one or more wheels (shown in Fig 5) for supporting the frame (18) on a ground surface (as shown in Fig 5-6);
a body (camper habitation 12) supported by the frame (18) ( as seen in Fig 1, 5-6, par [0026]) , the body comprising at least a first side wall (left side wall shown in Fig 6) located along a first side of the frame (18) (see Fig 1, 4-6, par [0026]) and a second side wall (right side wall shown in Fig 6) located along a second side of the frame (18) (see Fig 1, 4-6, par [0026]), the first side being opposite the second side (as seen in Fig 1, 4-6, par [0026]);
a roof assembly (triangular rafter frames 28, as shown in Fig 1, 4-6) coupled to the body (12) and extending from the first side to the second side (as shown in Fig 1, 4-6, par [0026]), the roof assembly comprising at least one rafter assembly (triangular rafter frames 28); and
a first rail member (left top beam 26) and a second rail member (right top beam 26), the first rail member (26) coupled to the first side wall (left top beam 26 is coupled to the vertical studs 22 of left sidewall) and the second rail member (right top beam 26) coupled to the second side wall (right top beam 26 is coupled to the vertical studs 22 of right sidewall) (see Fig 1, 4-6, par [0026]);
wherein, the at least one rafter assembly (28) comprises a top support member (angled top supports of rafters 28, see Fig 1, 4, 6), a first side support member (angled support on left end of rafter 28), a second side support member (right upper surface of bottom support member), and a bottom support member (bottom support of rafter 28).
Nadeau fails to disclose where the first side support member and the second side support member are disposed between the top support member and bottom support member; wherein, the first side support member comprises a greater height than the second side support member such that the roof assembly comprises a descending slope from the first side to the second side.
Allison discloses a rafter assembly (shown in in Fig 6) comprises a top support member (upper angled portion of rafters 36), a first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6), a second side support member (leftmost reinforcing brace 38, see Fig 6), and a bottom support member (ceiling joist 37), where the first side support member (upper angled portion of rafters 36) and the second side support member (leftmost reinforcing brace 38, see Fig 6) are disposed between the top support member (upper angled portion of rafters 36) and bottom support member (37);
wherein, the first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6) comprises a greater height than the second side support member (leftmost reinforcing brace 38, see Fig 6) such that the roof assembly (roofing 43) comprises a descending slope from the first side to the second side (roofing 43 slopes from the right side to the left side as shown in Fig 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rafter assembly of Nadeau to include first and second side supports disposed between the top support member and the bottom support member as disclosed by Alison as one of ordinary skill in the art could have substituted one sloping rafter design for another sloping rafter design and the results of the substitution would have been predictable and created a descending rafter slope.
Claim 15: Nadeau discloses roof assembly of a recreational travel trailer (camping trailer, abstract), comprising:
a rafter assembly (triangular rafter frames 28) having a first side (left end of rafter frames 28) and a second side (right end of rafter frames 28), the rafter assembly (28) comprising a top support member (angled top supports of rafters 28, see Fig 1, 4, 6), a first side support member (angled support on left end of rafter 28), a second side support member (right upper surface of bottom support member), and a bottom support member (bottom support of rafter 28),
a first rail member (left top beam 26) and a second rail member (right top beam 26), the first rail member (26) and the second rail member (26) coupled to the bottom support member (bottom support of rafter 28) (see Fig 1, 4, par [0026]).
Nadeau fails to disclose at least one intermediate support member spaced between the first side support member and the second side support member, where the first side support member and the second side support member are disposed between the top support member and bottom support member; wherein, the first side support member comprises a greater height than the second side support member such that the roof assembly slopes downwardly from the first side to the second side.
Allison discloses a rafter assembly (shown in in Fig 6) comprises a top support member (upper angled portion of rafters 36), a first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6), a second side support member (leftmost reinforcing brace 38, see Fig 6), and a bottom support member (ceiling joist 37) and at least one intermediate support member (middle reinforcing braces 38) spaced between the first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6) and the second side support member(leftmost reinforcing brace 38, see Fig 6), where the first side support member (upper angled portion of rafters 36) and the second side support member (leftmost reinforcing brace 38, see Fig 6) are disposed between the top support member (upper angled portion of rafters 36) and bottom support member (37);
wherein, the first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6) comprises a greater height than the second side support member (leftmost reinforcing brace 38, see Fig 6) such that the roof assembly (roofing 43) comprises a descending slope from the first side to the second side (roofing 43 slopes from the right side to the left side as shown in Fig 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rafter assembly of Nadeau to include first and second side supports disposed between the top support member and the bottom support member as disclosed by Alison as one of ordinary skill in the art could have substituted one sloping rafter design for another sloping rafter design and the results of the substitution would have been predictable and created a descending rafter slope.
Claim 2: Nadeau, as modified by Allison, discloses wherein the first rail member (Nadeau, left top beam 26) and the second rail member (Nadeau, right top beam 26) comprise substantially the same length as the respective first side wall and second side wall (Nadeau, top beams 26 are about the same length as the first and second walls as shown in Fig 4-6).
Claim 3: Nadeau, as modified by Allison, discloses wherein the first rail member (Nadeau, left top beam 26) and the second rail member (Nadeau, right top beam 26) comprise substantially the same width as the respective first side wall and second side wall (Nadeau, top beams 26 are about the same width as the first and second walls as shown in Fig 4-6).
Claim 4: Nadeau, as modified by Allison, discloses wherein the roof assembly (28) extends past the first side wall or second side wall to form an overhang portion (Nadeau, as shown in Fig 6).
Claim 5: Nadeau, as modified by Allison, discloses wherein the at least one rafter assembly (Allison, shown in in Fig 6) comprises at least one intermediate support member (Allison, multiple reinforcing braces 38) coupled between the top support member (Allison, upper angled portion of rafters 36) and the bottom support member (Allison, ceiling joist 37), the at least one intermediate support member (38) being located between the first side support member (Allison, vertical support at left in of angled portion of rafter 36, see Fig 6) and the second side support member (Allison, leftmost reinforcing brace 38, see Fig 6).
Claim 6: Nadeau, as modified by Allison, discloses wherein the at least one rafter assembly (Allison, shown in in Fig 6) comprises a plurality of intermediate support members (Allison, multiple reinforcing braces 38) coupled between the top support member (Allison, upper angled portion of rafters 36) and the bottom support member (Allison, ceiling joist 37), the plurality of intermediate support members (38) being located between the first side support member (Allison, vertical support at left in of angled portion of rafter 36, see Fig 6) and the second side support member (Allison, leftmost reinforcing brace 38, see Fig 6), where each of the plurality of intermediate support members (38) comprise a different height from the other of the plurality of intermediate support members (each of the multiple reinforcing braces 38 is a different height as seen in Fig 6).
Claim 7: Nadeau, as modified by Allison, discloses wherein the plurality of intermediate support members (Allison, multiple reinforcing braces 38) comprises a first intermediate support member (one of plurality of multiple reinforcing braces 38) and a second intermediate support member (one of plurality of multiple reinforcing braces 38), the first intermediate support member being located closer to the first side than the second intermediate support member, where the first intermediate support member has a greater height than the second intermediate support member (the reinforcing braces located closer to the right side have a greater height than the reinforcing braces located closer to the left side as shown in Fig 6).
Claims 8 and 16: Nadeau, as modified by Allison, discloses wherein the bottom support member (Nadeau, bottom support of rafter 28) comprises at least a first notch and a second notch (Nadeau, rafter connector brackets located at each end of bottom support of rafter 28 create first and second notch when attached to the rafter 28, see Fig 4).
Claims 9 and 17: Nadeau, as modified by Allison, discloses wherein the first rail member (Nadeau, left top beam 26) is located within the first notch (38) and the second rail member (Nadeau, right top beam 26) is located within the second notch (38) (Nadeau, on each top beam 26 are attached triangular rafter frames 28 and rafter connector brackets 38, see Fig 1, par [0026]).
Claim 10: Nadeau, as modified by Allison, discloses wherein: the first side wall is directly aligned with the first notch (Nadeau, left side wall, see Fig 6), the first rail member (26) being located between the first notch (Nadeau 38) and the first side wall (Nadeau, left side wall including studs 22);
the second side wall is directly aligned with the second notch (38) (Nadeau, right side wall, see Fig 6), the second rail member (26) being located between the second notch (Nadeau 38) and the second side wall (Nadeau, right side wall including studs 22).
Claims 11 and 19: Nadeau, as modified by Allison, discloses wherein the roof assembly (Nadeau, triangular rafter frames 28, as shown in Fig 1, 4-6) comprises a roof member (Nadeau, tarp over rafter frames 28) coupled to the top support member of the at least one rafter assembly (angled top supports of rafters 28, see Fig 1, 4, 6, par [0026], tarp over rafter frames 28, par [0037]).
Claim 12: Nadeau, as modified by Allison, discloses wherein the body (Nadeau, 12) includes a front wall and a rear wall (Nadeau, see Fig 1, 5-6), where the at least one rafter assembly (Nadeau, 28) comprises a plurality of rafter assemblies (Nadeau, as seen in Fig 1);
wherein, each of the plurality of rafter assemblies (Nadeau, 28) are spaced from one another between the front wall and the rear wall (Nadeau, as seen in Fig 1, 5-6, par [0029]).
Claim 13: Nadeau, as modified by Allison, discloses wherein the first side wall forms an opening that is selectively opened or closed by a door assembly (door as shown in Fig 5).
Claim 18: Nadeau, as modified by Allison, discloses the least one intermediate support member (38) is coupled between a top support member (upper angled portion of rafters 36) and a bottom support member (ceiling joist 37) (Allison, as shown in Fig 6).
Claim 20: Nadeau discloses recreational travel trailer (camping trailer, abstract), comprising:
a frame (frame 18);
one or more wheels (shown in Fig 5) for supporting the frame (18) on a ground surface (as shown in Fig 5-6);
a body (camper habitation 12) supported by the frame (18) ( as seen in Fig 1, 5-6, par [0026]) , the body comprising at least a first side wall (left side wall shown in Fig 6) located along a first side of the frame (18) (see Fig 1, 4-6, par [0026]) and a second side wall (right side wall shown in Fig 6) located along a second side of the frame (18) (see Fig 1, 4-6, par [0026]), the first side being opposite the second side (as seen in Fig 1, 4-6, par [0026]);
a door assembly coupled to the first side wall (see Fig 6);
a roof assembly (triangular rafter frames 28, as shown in Fig 1, 4-6) coupled to the body (12) and sloping downwardly from the first side (left side) to the second side (right side) (as shown in Fig 1, 4-6, par [0026]), the roof assembly comprising at least one rafter assembly (triangular rafter frames 28) including a top support member (angled top supports of rafters 28, see Fig 1, 4, 6), a first side support member (angled support on left end of rafter 28), a second side support member (right upper surface of bottom support member), and a bottom support member (bottom support of rafter 28), and
a first rail member (left top beam 26) and a second rail member (right top beam 26), the first rail member (26) coupled to the first side wall (left top beam 26 is coupled to the vertical studs 22 of left sidewall) and the second rail member (right top beam 26) coupled to the second side wall (right top beam 26 is coupled to the vertical studs 22 of right sidewall) (see Fig 1, 4-6, par [0026]);
wherein, bottom support member (Nadeau, bottom support of rafter 28) comprises at least a first notch and a second notch (Nadeau, rafter connector brackets located at each end of bottom support of rafter 28 create first and second notch when attached to the rafter 28, see Fig 4), he first rail member (Nadeau, left top beam 26) is located within the first notch (38) and the second rail member (Nadeau, right top beam 26) is located within the second notch (38) (Nadeau, on each top beam 26 are attached triangular rafter frames 28 and rafter connector brackets 38, see Fig 1, par [0026]).
Nadeau fails to disclose where the first side support member and the second side support member are disposed between the top support member and bottom support member; and wherein, the first side support member comprises a greater height than the second side support member.
Allison discloses a rafter assembly (shown in in Fig 6) comprises a top support member (upper angled portion of rafters 36), a first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6), a second side support member (leftmost reinforcing brace 38, see Fig 6), and a bottom support member (ceiling joist 37), where the first side support member (upper angled portion of rafters 36) and the second side support member (leftmost reinforcing brace 38, see Fig 6) are disposed between the top support member (upper angled portion of rafters 36) and bottom support member (37);
wherein, the first side support member (vertical support at left in of angled portion of rafter 36, see Fig 6) comprises a greater height than the second side support member (leftmost reinforcing brace 38, see Fig 6) such that the roof assembly (roofing 43) comprises a descending slope from the first side to the second side (roofing 43 slopes from the right side to the left side as shown in Fig 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rafter assembly of Nadeau to include first and second side supports disposed between the top support member and the bottom support member as disclosed by Alison as one of ordinary skill in the art could have substituted one sloping rafter design for another sloping rafter design and the results of the substitution would have been predictable and created a descending rafter slope.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nadeau in view of Allison as applied to claim 13, and further in view of Malott, US 5,669,430 (hereinafter Malott).
Claim 14: Nadeau, as modified by Allison is silent as to further comprising an awning coupled to the first side wall.
Malott discloses a recreational vehicle with an awning (awning assembly 16) coupled to the first side wall (wall 14) (see Fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the first side wall of Nadeau to include an awning as disclosed by Malott, as one of ordinary skill in the art would have preconized that applying the known technique of an awning to the first side wall would have yield the predictable results of providing an awning cover for protecting the side of the recreation vehicle including the door from the elements.
Conclusion
Claims 1-20 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
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