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 § 102
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 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.
Claims 1, 3, 4, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weldy et al. US 6053558 A.
Regarding claim 1, Weldy et al. disclose an apparatus (Weldy et al. Fig. 1; Weldy et al. col. 2, lines 54-55), comprising:
at least one rail (Weldy et al. 10) that is mounted along a side wall (Weldy et al. 2) defining a cargo area (Weldy et al. Fig. 1; Weldy et al. col. 2, lines 54-59), wherein the at least one rail comprises an upper channel (Weldy et al. 11; Weldy et al. Fig. 2; Weldy et al. col. 2, lines 66-67) for a first type of accessory (Weldy et al. 50; Weldy et al. Fig. 1; Weldy et al. col. 4, lines 66-67 and col. 5, line 1) and a lower channel (Weldy et al. 12; Weldy et al. Fig. 2; Weldy et al. col. 2, lines 66-67) for a second type of accessory (Weldy et al. 40; Weldy et al. Fig. 1; Weldy et al. col. 4, lines 62-65), wherein both the upper channel and the lower channel face inwardly toward the cargo area (Weldy et al. col. 3, lines 1-2), and wherein the lower channel is separate from the upper channel (Weldy et al. Fig. 2).
Regarding claim 3, Weldy et al. disclose the apparatus of claim 1, wherein the first type of accessory comprises a tonneau cover, a cross bar (Weldy et al. 50; Weldy et al. Fig. 1), or a cargo rack, and wherein the second type of accessory comprises a tie-down cleat, a storage container mount, or a hook (Weldy et al. 40; see annotated Weldy et al. Fig. 1).
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Regarding claim 4, Weldy et al. disclose the apparatus of claim 3, including at least one clamp having an engagement member received within the upper channel (Weldy et al. col. 4, lines 60-64), and wherein the engagement member is associated with at least one coupler to secure the first type of accessory to the at least one rail (Weldy et al. col. 4, lines 65-66).
Regarding claim 10, Weldy et al. disclose the apparatus of claim 1, wherein the at least one rail comprises at least a first rail mounted to the side wall of the cargo area and a second rail mounted to an opposite side wall of the cargo area (see annotated Weldy et al. Fig. 1 above; Weldy et al. col. 2, lines 58-59).
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Weldy et al. US 6053558 A, in view of Reiners et al. US 20180170452 A1.
Regarding claim 2, Weldy et al. disclose the apparatus of claim 1, as discussed above, wherein the upper channel and lower channels have open cross-sectional areas (Weldy et al. Fig. 2).
Weldy et al. do not disclose wherein the upper channel has a smaller cross-sectional area than a cross-sectional area of the lower channel.
However, Reiners et al. disclose a rail (Reiners et al. 40) for a pickup truck (Reiners et al. 10; Reiners et al. Fig. 1) wherein an upper channel (Reiners et al. 56) has a smaller cross-sectional area than a cross-sectional area of a lower channel (Reiners et al. 58) (Reiners et al. Fig. 3; Reiners et al. paragraph 0021).
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 apparatus of Weldy et al. with the rail design of Reiners et al. with a reasonable expectation of success for the advantage of restricting the upper channel area from collecting undesired debris such as rain or dirt, as this could interfere with and/or damage a first accessory (e.g. tonneau cover) used within the upper channel and may allow the debris to enter the cargo area (Weldy et al. col. 1, lines 8-12). A smaller upper channel cross-sectional area may lessen or prevent these issues, as would be known by one of ordinary skill in the art.
Claims 5-8 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weldy et al. US 6053558 A, in view of Sugimoto US 20060049658 A1.
Regarding claim 5, Weldy et al. disclose the apparatus of claim 1, wherein the at least one rail comprises a base wall portion with an upper wall extending from one end of the base wall portion toward the cargo area (see annotated Weldy et al. Fig. 2) and a lower wall (Weldy et al. 14) extending from an opposite end of the base wall portion toward the cargo area (see annotated Weldy et al. Fig. 2).
Weldy et al. do not disclose wherein a rear facing surface of the base wall portion is directly mountable to the side wall of the cargo area.
However, Sugimoto discloses a rail (Sugimoto 38) wherein a rear facing surface of a base wall portion (see annotated Sugimoto Fig. 5) is directly mountable to a side wall of a cargo area (Sugimoto 12) (Sugimoto Figs. 2-3; Sugimoto paragraphs 0027-0028).
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 apparatus of Weldy et al. with the rail position relative to the side wall of a cargo area as taught by Sugimoto with a reasonable expectation of success for the advantage of placing a first accessory, such as a tonneau cover (Sugimoto 16), in a downward direction from a side wall upper end (Sugimoto 36) to cover the cargo area of a pickup truck even if its rear pillars lean frontward and obliquely, further protecting the contents within a cargo area (Sugimoto Fig. 3; Sugimoto paragraphs 0007-0008).
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Regarding claim 6, Weldy et al., in view of Sugimoto, disclose the apparatus of claim 5, as discussed above, wherein the at least one rail comprises an intermediate wall extending from the base wall portion toward the cargo area at a location that is spaced from the upper wall and the lower wall (see annotated Weldy et al. Fig. 2 above), and wherein the upper channel is formed between the upper wall and the intermediate wall, and the lower channel is formed between the lower wall and the intermediate wall (Weldy et al. Fig. 2).
Regarding claim 7, Weldy et al., in view of Sugimoto, disclose the apparatus of claim 6, as discussed above, wherein the upper wall includes a first flange (Weldy et al. 11a) extending downwardly toward the intermediate wall, a second flange (Weldy et al. 12a) extending downwardly toward the lower wall, and a third flange (Weldy et al. 12b) extending upwardly from the lower wall toward the intermediate wall (see annotated Weldy et al. Fig. 2 above; Weldy et al. col. 3, lines 2-5).
Regarding claim 8, Weldy et al., in view of Sugimoto, disclose the apparatus of claim 7, as discussed above, wherein the at least one rail includes a first open gap (Weldy et al. 11c) between the first flange and the second flange to provide an opening into the upper channel, and a second open gap (Weldy et al. 12c) between the second flange and the first flange to provide an opening into the lower channel (Weldy et al. Fig. 2; Weldy et al. col. 3, lines 2-5).
Regarding claim 11, Weldy et al. disclose an apparatus (Weldy et al. Fig. 1; Weldy et al. col. 2, lines 54-55), comprising:
a first rail (Weldy et al. 10) having a first mount surface extending along a first side wall (Weldy et al. 2) defining a cargo area (see annotated Weldy et al. Fig. 1; Weldy et al. col. 2, lines 58-59) and a first channel portion (Weldy et al. 11; Weldy et al. Fig. 2);
a second rail (Weldy et al. 10) having a second mount surface extending along a second side wall (Weldy et al. 2) (see annotated Weldy et al. Fig. 1) of the cargo area (Weldy et al. col. 2, lines 58-59) and a second channel portion (Weldy et al. 12; Weldy et al. Fig. 2); and
each of the first channel portion and the second channel portion comprises an upper channel (Weldy et al. col. 2, lines 66-67) for a first type of accessory (Weldy et al. 50; Weldy et al. Fig. 1; Weldy et al. col. 4, lines 66-67 and col. 5, line 1) and a lower channel (Weldy et al. col. 2, lines 66-67) for a second type of accessory (Weldy et al. 40; Weldy et al. Fig. 1; Weldy et al. col. 4, lines 62-65).
Weldy et al. does not disclose wherein the first channel portion is facing opposite of the first mount surface, nor wherein the second channel portion is facing opposite of the second mount surface.
However, Sugimoto discloses a rail (Sugimoto 38) wherein a first channel portion (see annotated Sugimoto Fig. 5) is facing opposite of a first mount surface (Sugimoto 42), and wherein a second channel portion (see annotated Sugimoto Fig. 5) is facing opposite of a second mount surface (Sugimoto 42) (Sugimoto Figs. 2-3; Sugimoto paragraphs 0027-0028).
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 apparatus of Weldy et al. with the rail position relative to its mounting surface as taught by Sugimoto with a reasonable expectation of success for the advantage of placing a first accessory, such as a tonneau cover (Sugimoto 16), in a downward direction from a side wall upper end (Sugimoto 36) to cover the cargo area of a pickup truck even if its rear pillars lean frontward and obliquely, further protecting the contents within a cargo area (Sugimoto Fig. 3; Sugimoto paragraphs 0007-0008).
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Regarding claim 12, Weldy et al., in view of Sugimoto, disclose the apparatus of claim 11, as discussed above, wherein both the upper channel and the lower channel face inwardly toward the cargo area (Weldy et al. col. 3, lines 1-2), and wherein the lower channel is separate from the upper channel (Weldy et al. Fig. 2).
Regarding claim 13, Weldy et al., in view of Sugimoto, disclose the apparatus of claim 11, as discussed above, wherein each of the first rail and the second rail comprises a base wall portion with an upper wall extending from one end of the base wall portion toward the cargo area (see annotated Weldy et al. Fig. 2) and a lower wall (Weldy et al. 14) extending from an opposite end of the base wall portion toward the cargo area (see annotated Weldy et al. Fig. 2), and wherein a rear facing surface (see annotated Sugimoto Fig. 5) of the base wall portion of the first rail is directly mountable to the first side wall of the cargo area (Sugimoto Fig. 3) and a rear facing surface (see annotated Sugimoto Fig. 5) of the base wall portion of the second rail is directly mountable to the second side wall of the cargo area (Sugimoto Figs. 2-3).
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Regarding claim 14, Weldy et al., in view of Sugimoto, disclose the apparatus of claim 13, as discussed above, wherein each of the first rail and the second rail comprises an intermediate wall extending from the base wall portion toward the cargo area at a location that is spaced from the upper wall and the lower wall (see annotated Weldy et al. Fig. 2 above), and wherein the upper channel is formed between the upper wall and the intermediate wall, and the lower channel is formed between the lower wall and the intermediate wall (Weldy et al. Fig. 2).
Regarding claim 15, Weldy et al. disclose a method (Weldy et al. col. 2, line 3) comprising:
providing a first rail (Weldy et al. 10) and a second rail (Weldy et al. 10) (see annotated Weldy et al. Fig. 1) that each have an upper channel (Weldy et al. 11; Weldy et al. Fig. 2) and a lower channel (Weldy et al. 12; Weldy et al. Fig. 2) (Weldy et al. col. 2, lines 66-67);
mounting the first rail along a first side wall (Weldy et al. 2) of a cargo area (see annotated Weldy et al. Fig. 1; Weldy et al. col. 2, lines 58-59);
mounting the second rail along a second side wall (Weldy et al. 2) of the cargo area (see annotated Weldy et al. Fig. 1; Weldy et al. col. 2, lines 58-59);
installing a first type of accessory (Weldy et al. 50; Weldy et al. Fig. 1) in the upper channel (Weldy et al. col. 4, lines 66-67 and col. 5, line 1); and
installing a second type of accessory (Weldy et al. 40; Weldy et al. Fig. 1) in the lower channel (Weldy et al. col. 4, lines 62-65).
Weldy et al. do not disclose wherein a rear surface of the first rail is mounted along a first side wall of a cargo area, a rear surface of the second rail is mounted along a second side wall of a cargo area, the upper channels and the lower channels of both rails face the cargo area relative to their respective mounting surfaces.
However, Sugimoto discloses wherein a rear surface of a first rail (Sugimoto 38; see annotated Sugimoto Fig. 5) is mounted along a first side wall of a cargo area (Sugimoto 12), a rear surface of a second rail (Sugimoto 38; see annotated Sugimoto Fig. 5) is mounted along a second side wall of a cargo area (Sugimoto 12), and the upper channels and lower channels of both rails face the cargo area (see annotated Sugimoto Fig. 5) relative to their respective mounting surfaces (Sugimoto 42) (Sugimoto Figs. 2-3; Sugimoto paragraphs 0027-0028).
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 apparatus of Weldy et al. with the rail positions relative to their respective mounting surface as taught by Sugimoto with a reasonable expectation of success for the advantage of placing a first accessory, such as a tonneau cover (Sugimoto 16), in a downward direction from a side wall upper end (Sugimoto 36) to cover the cargo area of a pickup truck even if its rear pillars lean frontward and obliquely, further protecting the contents within a cargo area (Sugimoto Fig. 3; Sugimoto paragraphs 0007-0008).
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Regarding claim 16, Weldy et al., in view of Sugimoto, disclose the method of claim 15, as discussed above, including forming each of the first rail and the second rail to have a base wall portion with an upper wall extending from one end of the base wall portion toward the cargo area (see annotated Weldy et al. Fig. 2) and a lower wall (Weldy et al. 14) extending from an opposite end of the base wall portion toward the cargo area (see annotated Weldy et al. Fig. 2), and wherein a rear facing surface (see annotated Sugimoto Fig. 5 above) of the base wall portion of the first rail is directly mountable to the first side wall of the cargo area (Sugimoto Fig. 3; Sugimoto paragraph 0028) and a rear facing surface (see annotated Sugimoto Fig. 5 above) of the base wall portion of the second rail is directly mountable to the second side wall of the cargo area (Sugimoto Figs. 2-3; Sugimoto paragraphs 0027-0028).
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Regarding claim 17, Weldy et al., in view of Sugimoto, disclose the method of claim 16, as discussed above, including forming each of the first rail and the second rail to have an intermediate wall extending from the base wall portion toward the cargo area at a location that is spaced from the upper wall and the lower wall (see annotated Weldy et al. Fig. 2 above), and forming the upper channel between the upper wall and the intermediate wall, and forming the lower channel between the lower wall and the intermediate wall (Weldy et al. Fig. 2).
Regarding claim 18, Weldy et al., in view of Sugimoto, disclose the method of claim 17, as discussed above, including forming the upper wall to include a first flange (Weldy et al. 11a) extending downwardly toward the intermediate wall, a second flange (Weldy et al. 12a) extending downwardly toward the lower wall, and a third flange (Weldy et al. 12b) extending upwardly from the lower wall toward the intermediate wall (see annotated Weldy et al. Fig. 2 above; Weldy et al. col. 3, lines 2-5), and wherein a first open gap (Weldy et al. 11c) is provided between the first flange and the second flange to form an opening into the upper channel, and a second open gap (Weldy et al. 12c) is provided between the second flange and the first flange to form an opening into the lower channel (Weldy et al. Fig. 2; Weldy et al. col. 3, lines 2-5).
Regarding claim 19, Weldy et al., in view of Sugimoto, disclose the method of claim 15, as discussed above, including forming each of the first rail and the second rail by extruding from an aluminum material (Weldy et al. col. 3, lines 39-40).
Regarding claim 20, Weldy et al., in view of Sugimoto, disclose the method of claim 15, as discussed above, wherein the first type of accessory comprises a tonneau cover, a cross bar (Weldy et al. 50; Weldy et al. Fig. 1), or a cargo rack, and wherein the second type of accessory comprises a tie-down cleat, a storage container mount, or a hook (Weldy et al. 40; see annotated Weldy et al. Fig. 1).
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Weldy et al. US 6053558 A, in view of Sugimoto US 20060049658 A1, and further in view of Reiners et al. US 20180170452 A1.
Regarding claim 9, Weldy et al. disclose the apparatus of claim 1, as discussed above, but do not disclose wherein the at least one rail is mounted to the side wall of the cargo area with at least one fastener, and including at least one protector associated with the at least one rail that is moveable between a first position where the at least one fastener is accessible and a second position where the at least one fastener is non-accessible.
However, Sugimoto discloses wherein at least one rail (Sugimoto 38) is mounted to a side wall of a cargo area (Sugimoto 12) (Sugimoto Fig. 3; Sugimoto paragraph 0028) with at least a fastener in at least one channel, the fastener being accessible to the cargo area (see annotated Sugimoto Fig. 5).
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 apparatus of Weldy et al. with the rail position and accessible fastener with a reasonable expectation of success for the advantage of providing additional securements between the rail to the side wall, minimizing movement between components when the vehicle is in use, as would be known by one of ordinary skill in the art. Ensuring the fastener is accessible to a user from a cargo area is advantageous as removal or adjustment of the rail is more simply designed, as Weldy et al. disclose a fastening design that is not as accessible to a user, as this fastener (Weldy et al. 70; Weldy et al. col. 3, lines 42-49) faces away from the cargo area (Weldy et al. Fig. 9; Weldy et al. col. 3, lines 1-2).
Additionally, Reiners et al. disclose at least one protector associated with the at least one rail that is moveable between a first position where the at least one channel is accessible and a second position where the at least one channel is non-accessible (Reiners et al. paragraph 0004).
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 apparatus and rail position and accessible fastener of Weldy et al., in view of Sugimoto, with the protector and channel accessibility as taught by Reiners et al. with a reasonable expectation of success for the advantage of allowing access to the fastener to a user only when desired, reducing the exposure of the fastener to the cargo area. This may prevent overall wear and oxidation to fasteners that are vulnerable to debris such as rainwater and sunlight (Weldy et al. col. 1, lines 8-12), as would be known by one of ordinary skill in the art.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Anderson et al. US 20020048495 A1 disclose rails with upper and lower channels for a pickup truck.
Thiessen et al. US 7497493 B1 disclose pickup truck side wall rails with channels configured to attach to accessories.
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.
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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/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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