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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/15/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
REJECTION BASED ON PRESCOTT
Claim(s) 1-2 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,384,620 to Prescott.
Regarding claim 1, Prescott discloses a tray mounting structure for a cycle hitch carrier that is a structure for mounting a tray to a base frame mounted to be switchable between a perpendicular position and a horizontal position (Figs. 2, 5) with a hitch base (120) disposed to horizontally extend from a vehicle rear portion serving as a base point (Fig. 2), the tray mounting structure comprising: an engaging portion (Fig. 8 – right 140) and an engaged portion (Fig. 8 – right hole in 117 receiving 140) on respective opposed surfaces of the base frame and the tray (Fig. 8); and a fastening portion (Fig. 8 – left hole in 117 receiving left 140) positioned by engaging the engaging portion with the engaged portion, wherein the engaging portion has a configuration functioning in a state where the base frame is set in the perpendicular position (the engaging portion functions when the base frame is perpendicular, and is also capable of being engaged with the engaging portion when the base frame is perpendicular), and a mounting surface of the tray in the base frame is a surface positioned in an upper side when the base frame is set in the horizontal position (Fig. 1 – top side is mounting surface that holds the bicycle).
Regarding claim 2, Prescott discloses wherein the base frame is provided with a support (115 – Fig. 8) increasing a contact surface with the tray, and the engaging portion and the engaged portion, and the fastening portion are provided on the opposed surfaces between the support and the tray (Fig. 8; 140 extends from 115 into 117).
Regarding claims 4-5, Prescott discloses wherein the opposed surface to the base frame on the tray is provided with a groove (116) along a longitudinal direction of a tray main body, and the engaging portion or the engaged portion, and the fastening portion are provided in a slider (117) slidable in the groove.
REJECTION BASED ON WALKER
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Published Application 2016/0068111 to Walker.
Regarding claim 1, Walker discloses a tray mounting structure for a cycle hitch carrier that is a structure for mounting a tray to a base frame mounted to be switchable between a perpendicular position and a horizontal position (Figs. 1, 14) with a hitch base (76, 80) disposed to horizontally extend from a vehicle rear portion serving as a base point, the tray mounting structure comprising: an engaging portion (right bolt 82 – Fig. 1) and an engaged portion (opening in 20 receiving bolt 82) on respective opposed surfaces of the base frame and the tray (Fig. 1); and a fastening portion (left bolt 82 – Fig. 1) positioned by engaging the engaging portion with the engaged portion, wherein the engaging portion has a configuration functioning in a state where the base frame is set in the perpendicular position (the engaging portion functions when the base frame is perpendicular, and is also capable of being engaged with the engaging portion when the base frame is perpendicular), and a mounting surface of the tray in the base frame is a surface positioned in an upper side when the base frame is set in the horizontal position (Fig. 1 – top side is mounting surface that holds the bicycle).
Regarding claim 2, Walker discloses wherein the base frame is provided with a support (80) increasing a contact surface with the tray, and the engaging portion and the engaged portion, and the fastening portion are provided on the opposed surfaces between the support and the tray (Fig. 1).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of US Patent 10,131,371 to Camarco.
Regarding claim 3, Walker fails to disclose hooking in the engaging portion. However, Camarco discloses a rack attachment that includes a plurality of engaging portions (left 144 (Fig. 10), left 145 (Fig. 10), 212), engaged portions (508, 506) and fastening portion (right 145 (Fig. 10)). It would have been obvious to one of ordinary skill to have used Camarco’s connection to attach the tray to the support in Walker because the modification only involves a simple substitution of one known, equivalent connection for another to obtain predictable results. Further, a quick-release connection would allow for quickly changing or removing the tray as desired. In the combination, the hooks (144, 145 – Camarco) and latch bolt (212 – Camarco) would be on the tray and would engage openings in the support (80 – Walker). The combination discloses a plurality of the engaging portions (left 144 (Fig. 10), left 145 (Fig. 10) – Camarco) are disposed along an arrangement direction of the base frame when the base frame is set in the perpendicular position (144 and 145 are disposed along a length direction of the base), and engagement of an engaging portion positioned at an uppermost portion is achieved by hooking in (144 hook in as claimed), and engagement by another engaging portion is achieved by fitting in (145 and 212 fit in as claimed).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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