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 .
Specification
The abstract of the disclosure is objected to because it is over 150 words in length. The applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim 7 is 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. Specifically, in line 4, “twisting of the cover” is not defined anywhere in the specifications, and does not seem to be a functional feature according to the instant invention. For purposes of further examination, this language will be interpreted as
--sliding of the cover--, as described in [0020] and [0060].
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 1-6, 8, 10-13, 15-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anders DE 10054572 A1.
Regarding claim 1, Anders discloses a vehicle (Anders paragraph 0005) comprising:
a vehicle body (Anders paragraph 0012) defining a sub-floor storage area (Anders paragraph 0029);
a cover (Anders 2; Anders Fig. 1) configured to cover the sub-floor storage area and defining at least part of a load floor over the sub-floor storage area (Anders paragraph 0002); and
guides (Anders 1; Anders paragraph 0010) secured to the vehicle body and defining paths configured to guide movement of the cover between (Anders paragraph 0012):
a closed position in which the cover extends over the sub-floor storage area (see annotated Anders Fig. 3; Anders paragraph 0013);
an extended position in which the cover remains engaged with the guides and extends outward from the vehicle body (see annotated Anders Fig. 3; Anders paragraph 0013); and
an open position in which the cover is pivoted upwardly relative to the closed position (Anders Fig. 4; Anders paragraph 0013).
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Regarding claim 2, Anders discloses the vehicle of claim 1, wherein the guides include grooves (Anders 15; Anders Fig. 5), the cover having followers secured thereto and configured to engage the grooves (Anders Fig. 6; Anders paragraphs 0031-0033).
Regarding claim 3, Anders discloses the vehicle of claim 2, wherein the followers include at least one of rollers or sliders (Anders 5a/5b; Anders Fig. 1; Anders paragraph 0024).
Regarding claim 4, Anders discloses the vehicle of claim 2, wherein the guides include first portions (Anders 6b; Anders Fig. 1) configured to guide the followers to the extended position (Anders paragraph 0026) and second portions (Anders 6a; Anders Fig. 1) configured to receive the followers when in the closed position (Anders paragraph 0027).
Regarding claim 5, Anders discloses the vehicle of claim 4, wherein the guides define inlets (Anders 12) permitting insertion of the followers into the guides (Anders Figs. 1 and 4; Anders paragraph 0031).
Regarding claim 6, Anders discloses the vehicle of claim 5, wherein the inlets are at junctions of the first portions and the second portions (Anders Fig. 1; Anders paragraph 0024).
Regarding claim 8, Anders discloses the vehicle of claim 1, wherein the vehicle body includes one or more areas defining the load floor with the cover, the cover positioned substantially flush with the one or more areas when in the closed position (Anders Fig. 2; Anders paragraph 0027).
Regarding claim 10, Anders discloses the vehicle of claim 1, further comprising retention features (Anders 8a/8b) configured to resist movement of the cover out of at least one of the closed position or the extended position (Anders Fig. 3; Anders paragraph 0025-0027).
Regarding claim 11, Anders discloses the vehicle of claim 1, wherein the vehicle body defines a lip along the load floor, the cover configured to rest on the lip when in the extended position (see annotated Anders Fig. 3).
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Regarding claim 12, Anders discloses the vehicle of claim 11, wherein the cover defines a seat (see annotated Anders Fig. 3 above) configured to engage the lip and resist movement from the extended position toward the closed position when the cover is in the extended position (Anders paragraph 0013).
Regarding claim 13, Anders discloses the vehicle of claim 13, wherein the cover has one or more retention features (Anders 8b; Anders Fig. 1) secured thereto and configured to releasably secure the cover to the lip (see annotated Anders Fig. 3 above; Anders paragraph 0013).
Regarding claim 15, Anders discloses a vehicle component (Anders paragraph 0005) comprising:
a cover (Anders 2; Anders Fig. 1) configured to cover a sub-floor storage area (Anders paragraph 0029) defined by a vehicle body (Anders paragraph 0012);
a first follower (Anders Fig. 6; Anders paragraphs 0031-0033) extending from a first side of the cover and configured to engage a first guide (Anders 1; Anders Fig. 1) secured to a sidewall of the sub-floor storage area (Anders paragraph 0012); and
a second follower (Anders Fig. 6; Anders paragraphs 0031-0033) extending from a first side of the cover and configured to engage a second guide (Anders 1; Anders paragraph 0010) secured to a sidewall of the sub-floor storage area (Anders paragraph 0024).
Regarding claim 16, Anders discloses the vehicle component of claim 15, wherein the first and second followers each include a roller (Anders 5a/5b; Anders Fig. 1; Anders paragraph 0024).
Regarding claim 17, Anders discloses the vehicle component of claim 15, wherein the first follower is secured to the cover by a first bracket (Anders 24; Anders Fig. 6; Anders paragraph 0032), and the second follower is secured to the cover by a second bracket (Anders 24; Anders Fig. 6; Anders paragraph 0032).
Regarding claim 19, Anders discloses a method comprising:
moving a cover from a closed position to an extended position (see annotated Anders Fig. 3; Anders paragraph 0013), the cover being positioned over a sub-floor storage area (Anders paragraph 0002) defined by a vehicle body (Anders paragraph 0012) when in the closed position and extending outwardly from the vehicle body when in the extended position (see annotated Anders Fig. 3);
wherein moving the cover from the closed position to the extended position comprises pivoting the cover from the closed position and sliding the cover to the extended position (Anders Fig. 3; Anders paragraph 0010).
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Regarding claim 20, Anders discloses the method of claim 19, further comprising:
starting with the cover in the closed position, pivoting the cover upwardly into an open position in which the sub-floor storage area is accessible (Anders Fig. 4; Anders paragraph 0011).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Anders DE 10054572 A1, in view of Salewski et al. US 20190308543 A1.
Regarding claim 7, Anders discloses the vehicle of claim 1, as discussed above, wherein:
rollers (Anders 5a/5b) are mounted to right and left sides of the cover at a forward edge of the cover (see annotated Anders Fig. 1; Anders paragraph 0024) and configured to engage the sidewalls responsive to [sliding] of the cover relative to the sidewalls (Anders paragraph 0012).
Anders does not disclose wherein the guides are molded into sidewalls of the sub-floor storage area.
However, Salewski et al. disclose guides (Salewski et al. 6) that are molded into sidewalls of a sub-floor storage area (Salewski et al. 1; Salewski et al. Fig. 1) (Salewski et al. paragraph 0029).
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 vehicle of Anders with the integrated design as taught by Salewski et al. with a reasonable expectation of success for the advantage of reducing the number of parts necessary for construction and ensuring the sliding function is stable during use (Salewski et al. paragraph 0006).
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Claims 9, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Anders DE 10054572 A1, in view of Kanai et al. US 5257846 A.
Regarding claim 9, Anders discloses the vehicle of claim 1, as discussed above.
Anders does not disclose wherein sidewalls of the sub-floor storage area define shelves for supporting the cover when in the closed position.
However, Kanai et al. disclose wherein sidewalls (see annotated Kanai et al. Fig. 3) of a sub-floor storage area (Kanai et al. 44) define shelves (Kanai et al. 54) for supporting a cover (Kanai et al. 50) when in a closed position (Kanai et al. Fig. 1; Kanai et al. col. 3, lines 29-34).
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 vehicle of Anders with the shelves as taught by Kanai et al. with a reasonable expectation of success for the advantage of stabilizing the cover, preventing undesired movement during vehicle motion, as would be known by one of ordinary skill in the art.
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Regarding claim 14, Anders discloses the vehicle of claim 1, as discussed above, wherein the cover includes a handle (Anders paragraph 0026).
Anders does not disclose wherein the cover defines a recess and a handle positioned in the recess.
However, Kanai et al. disclose wherein a cover (Kanai et al. 50) defines a recess (Kanai et al. 50c) and a handle is positioned in the recess (Kanai et al. Fig. 1; Kanai et al. col. 3, lines 20-21).
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 vehicle of Anders with the recess and handle as taught by Kanai et al. with a reasonable expectation of success for the advantage of providing a feature that may improve a user’s grip for opening/extending the cover (Kanai et al. col. 3, lines 20-21).
Regarding claim 18, Anders discloses the vehicle component of claim 15, as discussed above, wherein the cover includes a handle (Anders paragraph 0026).
Anders does not disclose wherein the cover defines a recess, and a handle is positioned within the recess.
However, Kanai et al. disclose wherein a cover (Kanai et al. 50) defines a recess (Kanai et al. 50c), and a handle is positioned within the recess (Kanai et al. Fig. 1; Kanai et al. col. 3, lines 20-21).
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 vehicle component of Anders with the recess and handle as taught by Kanai et al. with a reasonable expectation of success for the advantage of providing a feature that may improve a user’s grip for opening/extending the cover (Kanai et al. col. 3, lines 20-21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schmeier et al. DE 10241687 A1 disclose a sliding loading cover system with rollers.
Son et al. US 20240092270 A1 disclose an extendible loading floor with storage area shelves.
Svenson et al. US 20060016840 A1 disclose a tiered loading floor with retention features.
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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