DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-12, 15, 16, and 18 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 3 is not clearly understood because “i.e. a first movable guide rail and a second movable guide rail” is unclear.
Claim 4 is not clearly understood because “i.e. a first extension portion and a second extension portion” is unclear.
Claim 6 is not clearly understood because “i.e. a third movable guide rail and a fourth movable guide rail” is unclear.
Claim 11 is not clearly understood “the other side”, both instances, lack a clear antecedent basis.
Claim 15 is not clearly understood because “i.e. a third extension portion and a fourth extension portion” is unclear.
Claim 18 is not clearly understood because “the other end” lacks a clear antecedent basis.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Bortell (US 2004/0094983) in view of Cantin et al. (US 2014/0001786).
Bortell, in reference to claim 1, discloses a pullable-foldable combined rear expansion structure for recreational vehicles comprising side plates (56,58), a rear plate (68), a bottom plate (74), a top plate (76), and a guide rail (94), as shown in Figures 1-6 and 9. The side plates (56,58) comprise a left side plate (56) and a right side plate (58), as shown in Figure 4. The side plates (56,58) are connected to the rear plate (68) to form a rigid frame, as shown in Figure 9. A rear end of the bottom plate (74) is rotatably connected to the frame (56,58,68), as shown in Figure 3 and disclosed in paragraph [0024]. The frame (56,58,68) is connected to the compartment through the guide rail (94), as shown in Figures 1-6. The top plate (76) is positioned at an outer side of the frame (56,58,68) such that an upper end of the top plate (76) is rotatably connected to a top of the compartment (10), as shown in Figure 3.
However, Bortell does not disclose the bottom plate comprises a front plate and a rear plate.
Cantin et al. teaches forming a floor (332) of an expansion structure from a front bottom panel (342) and a rear bottom panel (340), as shown in Figures 2A-8. A front end (343B) of the front bottom plate (342) is rotatably connected to a bottom of a compartment, as disclosed in paragraph [0042]. A rear end (343A) of the front bottom plate (342) is rotatably connected to a front end (341A) of the rear bottom plate (340), as shown in Figure 8. A rear end (341B) of the rear bottom plate (340) is rotatably connected to the frame, as shown in Figure 8.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the bottom plate of Bortell as a front and rear bottom plate rotatably connected to the frame, each other, and the bottom of the compartment, as taught by Cantin et al., with a reasonable expectation for success to reduce the volume taken up by the expansion structure in the retracted position to prevent interference with items within the compartment of the vehicle while in the retracted position.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bortell (US 2004/0094983) and Cantin et al. (US 2014/0001786), as applied to claim 1, in view of McNamee (3,408,102), further in view of Ksiezopolski et al. (7,614,676).
Bortell, as modified, does not disclose the flanges.
Ksiezopolski et al. teaches forming outward flanges (32) on the front portions of the left and right side walls (24), as shown in Figures 2 and 3.
McNamee teaches forming inward flanges (33) on the left end, right end, and lower end of the top plate (C), as shown in Figures 4, 7, and 8 and disclosed on lines 5-10 of column 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide outward flanges on front portions of the left and right side plates of Bortell, as modified, as taught by Ksiezopolski et al., with a reasonable expectation for success to provide a surface that can interact with a seal to prevent ingress of the elements; and,
provide inward flanges to the left end, right end, and the lower end of the top plate of Bortell, as modified, as taught by McNamee, with a reasonable expectation for success, to direct water away from the intersection of the side plates and top plate to prevent leaks.
Allowable Subject Matter
Claims 2, 13, 14, and 17 are 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.
Claims 3-12, 15, 16, 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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.
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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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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 February 17, 2026