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 § 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.
Claim(s) 1-6 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morgan (10,881,929).
Morgan discloses a vehicle 10 comprising a chassis 14; a tractive element 18, 22 coupled to the chassis; a prime mover 54 configured to drive the tractive element to propel the vehicle; a seat 38 configured to support an operator; a bed 70 coupled to the chassis and having a top surface configured to support a load; and a storage container 86 extending below the bed and rearward of the seat, the storage container defining a storage volume 94. The bed is repositionable between a first position and a second position above the first position, and wherein the storage volume is accessible by a user while the bed is in the second position, as shown in Figures 1 and 2. The bed is repositionable between a first position and a second position above the first position, and wherein the storage volume is accessible by a user while the bed is in the first position, as shown in Figures 1 and 2. The storage container is movable relative to the chassis, as shown in Figures 1 and 2. The storage container includes a bin 106 coupled to the bed and defining the storage volume, wherein the bed includes a top panel 94 defining the top surface, and wherein the storage volume is accessible through an aperture defined by the top panel. The storage container 86 includes a lid 38B coupled to the bin and movable between (a) a closed position in which the lid extends across the aperture to limit access to the storage volume and (b) an open position in which the lid permits access to the storage volume. The tractive element is a first rear wheel 18, further comprising a second rear wheel 18 coupled to the chassis 14; a first fender via 62b coupled to the chassis and extending above the first rear wheel; a second fender via 62b coupled to the chassis extending above the second rear wheel, wherein the storage container is positioned between the first fender and the second fender, as shown in Figure 2. The prime mover is positioned beneath the bed, and wherein the storage volume extends above the prime mover, as shown in Figures 1 and 2. The prime mover 54 is an electric motor, further comprising an axle 62 coupling the electric motor to the tractive element, and wherein the electric motor extends forward of the axle (see col. 4, lines 27-37).
Claim(s) 1, 4-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prior Art A51 cited on the IDS filed on May 18, 2025.
Prior Art A51 discloses a vehicle comprising a chassis; a tractive element (the wheels) coupled to the chassis; a prime mover configured to drive the tractive element to propel the vehicle; a seat configured to support an operator; a bed coupled to the chassis and having a top surface configured to support a load; and a storage container extending below the bed and rearward of the seat, the storage container defining a storage volume, as shown on Page 3.
The storage container includes a drawer slidably coupled to the chassis and defining the storage volume, wherein the drawer is repositionable between (a) a closed position in which the drawer is positioned beneath the bed and (b) an open position in which the drawer extends beyond the bed to permit access to the storage volume. The chassis extends longitudinally along a length of the vehicle, and wherein the drawer is movable longitudinally between the open position and the closed position. The open position is rearward of the closed position, as shown on Page 3. The bed is repositionable between a first position and a second position, that is with or without the removable top panel which is old and well known in the art. The storage container includes a lid (the movable top panel attached to the bed of the truck) coupled to the bin and movable between (a) a closed position in which the lid extends across the aperture to limit access to the storage volume and (b) an open position in which the lid permits access to the storage volume, see Page 3. The bed includes a frame member supporting the top panel and wherein the frame member extends between the first bin and the second bin, see Pages 3 and 8. Regarding claim 20, see Pages 3 and 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612
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