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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plurality of L brackets configured to attach between at least one of the lip members extending upwardly from the top surface and the connectors (for clarity, the L brackets are shown in FIG. 3 attached underneath the bottom surface to a downwardly extending lip member rather than to the lip members extending upwardly from the top surface) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With Respect to Claims 1 and 11
The specifically generally indicates that the lip members are upwardly extending and the L brackets 6oo connect to them, but there is insufficient detail as to this construction, noting also that the drawings show the L brackets 600 connected to the bottom of the basket rather than above it to the upwardly extending lip members. As such, this subject matter was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With Respect to Claims 2-10 and 12-21
These claims are rejected as they depend from a rejected claim and so incorporate its failure to comply with the written description requirement.
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 1-21 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.
With Respect to Claims 1 and 11
It is unclear what the structure claimed is, noting that the claim language does not appear to encompass the structure as shown in the drawings and there is insufficient disclosure as to how the L brackets are attached to the upwardly extending lip members as claimed, particularly given that the drawings show them attached on the bottom rather than to the upwardly extending lip members.
The scope of the phrase “extending upwardly from the top surface” is unclear, noting that the inventive lip members as shown in the drawings appear to attach to the side rather than the top surface such that it extends above and below the central portion/floor of the cargo carrier. Examiner notes that depending upon the scope given to this phrase, it might also require drawing objections and a 112 1st paragraph rejection, but in the interests of advancing prosecution, Examiner takes it to be broad enough to encompass a structure attached to the side that extends upwardly to a point higher than the top surface as that appears to be the intent.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claims 2-10 and 12-21
These claims are rejected as they depend from a rejected claim and so incorporate its indefinite scope.
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.
Claims 1-2, 4-6, 8-11, 14-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2016/0214451 to Harrison (Harrison) in view of U.S. Patent #5,368,209 to Hill (Hill) and U.S. Patent #9,114,758 to Poudrier (Poudrier), either alone or further in view of U.S. patent #6,662,983 to Lane (Lane) and/or U.S. Patent #5,996,869 to Belinky (Belinky).
With Respect to Claim 1
Harrison discloses a vehicle hitch mounted cargo basket kit, comprising: a floor (30) having a floor first side, a floor second side opposite the floor first side, a floor first end extending between the floor first side and the floor second side, a floor second end opposite the floor first end, a top surface, and a bottom surface (all of these are shown in, e.g. FIG. 1); at least one lip member (14, 16, 18, 20, see FIGS. 1-2) extending upwardly from the top surface; a rim (lips 64) attached to a top edge of each lip member; a connector (70) configured to interchangeably attach to the bottom surface at or near a midpoint between the floor first end and the floor second end; and wherein at least a portion of the connector is configured to extend past the floor second edge (see, e.g. FIG. 3); but does not disclose a plurality of connectors, wherein at least a portion of each connector of the plurality of connectors is configured to extend past the floor second edge, at least one reinforcing member attached to the bottom surface of the floor; and a plurality of L brackets configured to attach between at least one of the lip members and the connectors.
However, Hill discloses a similar vehicle hitch mounted cargo platform with a connector (16-18) configured to interchangeably attach to the bottom surface at or near a midpoint between the floor first end and the floor second end; and wherein at least a portion of the connector is configured to extend past the floor second edge, and at least one reinforcing member attached to the bottom surface of the floor (noting reinforcing legs 15, see, e.g. FIG. 3). Hill also discloses the use of a connector (16) that is different from the connector of Harrison, which vertically raises the location of the cargo platform compared to the Harrison style of connector.
Poudrier discloses attaching a similar connector (18) to an adjacent portion of a structure depending from a vehicle attachable cargo platform using an L Bracket (20, FIG. 1R).
Lane discloses forming a hitch mounted rack system including a platform with modular members including a plurality of connectors (e.g. 3 or 8) for attaching the rack structure to the vehicle hitch, allowing for no vertical displacement or upward vertical displacement (see, e.g. FIGS. 2, 11, and 12A-T).
Belinky discloses forming a hitch attachment structure/drawbar similar to that of Harrison and/or Hill with an angled intermediate portion (30) to form an offset to dispose the outer end of the drawbar higher than the inner end in order to raise the platform to provide increased ground clearance.
It would have been obvious to one of ordinary skill in the art before the filing date of this application to provide at least one additional identical connector to that of Harrison, in order to provide an duplicate part for replacement in case of loss or damage. Doing so constitutes at most a mere duplication of parts which does not patentably distinguish over the prior art (MPEP 2144.04). Alternately, it would have been obvious to provide a hitch connector as taught by Hill and a duplicate connector of that type for the same purpose and to raise the cargo platform above the level of the hitch for ease of access loading items from higher elevations and/or as a mere substitution of one art known cargo platform hitch attachment structure/connector for another. Alternately, the disclosure of two different suitable hitch attachments renders obvious providing both in order to allow for adjustability of the location of the cargo platform by using either as desired by the user, as doing so constitutes at most merely making adjustable which does not patentably distinguish over the prior art (MPEP 2144.0).
It would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Hill, to add reinforcing members/legs as taught by Hill/as claimed, in order to reinforce to platform to allow for carrying heavier loads.
It would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Pourier, to attach the connector via L-shaped brackets as claimed, in order to better secure the connector in position for use.
Alternately, as to the plurality of connectors, Lane discloses the use of a plurality of connectors to provide modularity to the attachment of a similar cargo platform or rack system to a vehicle, which provides additional motivation for and/or evidence of the obviousness of providing two different hitch connectors (e.g. 70 per Harrison and 16-18 per Hill) to allow for adjustment and/or provide for modularity as taught by Lane.
Alternately, Belinky’s disclosure of an offset to raise one end of its connector provides additional motivation for the substitution of the Hill hitch connector for the Harrison connector and/or sufficient motivation for/evidence of the obviousness of providing a hitch connector as taught by Belinky (either the Harrison or Hill with the Belinky as another option or only the Belinky hitch connector and duplicated).
With Respect to Claim 2
The vehicle hitch mounted cargo basket kit of claim 1, wherein the plurality of connectors comprises at least: a first connector (70 per Harrison) comprising a first connector member (70) having a first connector first end, a first connector second end opposite the first connector first end, and a first connector longitudinal section extending between the first connector first end and the first connector second end (see, e.g. FIG. 3); at least one second connector (16-18 per Hill or 18 per Belinky) comprising: a connector first section (18 or 16) having a connector first section first end, a connector first section second end opposite the connector first section first end, and a connector first section longitudinal section extending between the connector first section first end and the connector first section second end; a connector second section (16 or 28) having a connector second section first end, a connector second section second end opposite the connector second section first end, and a connector second section longitudinal section extending between the connector second section first end and the connector second section second end; and a riser section (17 or 30) connected to and extending substantially vertically between the connector first section second end and the connector second section first end.
With Respect to Claim 4
The vehicle hitch mounted cargo basket kit of claim 2, further comprising one or more holes (28) passing through the floor from the top surface through the bottom surface.
With Respect to Claim 5
The vehicle hitch mounted cargo basket kit of claim 2, wherein the at least one lip member comprises: a first lip member extending upwardly from the top surface along at least a portion of the floor first side; a second lip member extending upwardly from the top surface along at least a portion of the floor second side; a third lip member extending upwardly from the top surface along at least a portion of the floor third side; and a fourth lip member extending upwardly from the top surface along at least a portion of the floor fourth side (FIG. 1).
With Respect to Claim 6
The vehicle hitch mounted cargo basket kit of claim 2, wherein the at least one lip member comprises at least one slot (noting bottom slot formed by folded top of lip member, FIG. 2).
With Respect to Claim 8
The vehicle hitch mounted cargo basket kit of claim 2, wherein the rim has a shape and size which substantially conforms to the exterior profile of the floor (FIGS. 1-2, noting that the interior of the rim is at most only marginally spaced from the perimeter of the floor).
With Respect to Claim 9
The vehicle hitch mounted cargo basket kit of claim 2, wherein the at least one reinforcing member comprises two reinforcing members (15, FIG. 3) connected to the bottom surface and extending between the floor first side and the floor second side.
With Respect to Claim 10
The vehicle hitch mounted cargo basket kit of claim 2, wherein the vehicle hitch mounted cargo basket is comprised of a material which comprises aluminum (see, e.g. [0004]).
With Respect to Claim 11
For clarity, the rejection of claim 11 uses the modification that replaces the hitch attachment of Harrison with the hitch attachment of Hill or Belinky, and does not require the duplication of parts but encompasses either the Harrison hitch attachment duplicated or having the Harrison and the Hill and/or Belinky hitch attachment structures.
A vehicle hitch mounted cargo basket, comprising: a floor (30) having a floor first side, a floor second side opposite the floor first side, a floor first end extending between the floor first side and the floor second side, a floor second end opposite the floor first end, a top surface, and a bottom surface (all of these are shown in, e.g. FIG. 1); at least one lip member (14, 16, 18, 20, see FIGS. 1-2) extending upwardly from the top surface; a rim (64) attached to a top edge of each lip member; a connector (16-18 per Hill) removably connected to the bottom surface at or near a midpoint between the floor first end and the floor second end (per Harrison or Hill), said connector comprising: a connector first section (18 or 28) having a connector first section first end, a connector first section second end opposite the connector first section first end, and a connector first section longitudinal section extending between the connector first section first end and the connector first section second end; a connector second section (16 or 16) having a connector second section first end, a connector second section second end opposite the connector second section first end, and a connector second section longitudinal section extending between the connector second section first end and the connector second section second end; and a riser section (17 per Hill or 30 per Belinky) connected to and extending substantially vertically between the connector first section second end and the connector second section first end; at least one reinforcing member (15 per Hill) attached to the bottom surface of the floor; and a plurality of L brackets (20 per Poudrier) configured to removably connect between at least one of the lip members and the connector; and wherein at least a portion of the connector extends past the floor second edge and is configured to mate with a vehicle hitch receiver (per Hill).
With Respect to Claim 14
The vehicle hitch mounted cargo basket of claim 11, further comprising one or more holes (28) passing through the floor from the top surface through the bottom surface.
With Respect to Claim 15
The vehicle hitch mounted cargo basket of claim 11, wherein the at least one lip member comprises: a first lip member extending upwardly from the top surface along at least a portion of the floor first side; a second lip member extending upwardly from the top surface along at least a portion of the floor second side; a third lip member extending upwardly from the top surface along at least a portion of the floor third side; and a fourth lip member extending upwardly from the top surface along at least a portion of the floor fourth side (see, e.g. FIG. 1 showing all four lip members).
With Respect to Claim 16
The vehicle hitch mounted cargo basket of claim 11, wherein the at least one lip member (64) comprises at least one slot (noting bottom slot formed by the bend of 64, see, e.g. FIG. 3).
With Respect to Claim 18
The vehicle hitch mounted cargo basket of claim 11, wherein the rim has a shape and size which substantially conforms to the exterior profile of the floor (FIGS. 1-2, noting that the interior of the rim is at most only marginally spaced from the perimeter of the floor).
With Respect to Claim 19
The vehicle hitch mounted cargo basket of claim 11, wherein the at least one reinforcing member (15 per Hill) comprises two reinforcing members (see, e.g. Hill FIG. 3) connected to the bottom surface and extending between the floor first side and the floor second side.
With Respect to Claim 20
The vehicle hitch mounted cargo basket of claim 11, wherein the vehicle hitch mounted cargo basket is comprised of a material which comprises aluminum (see, e.g. [0004]).
Claims 3 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2016/0214451 to Harrison (Harrison) in view of U.S. Patent #5,368,209 to Hill (Hill), U.S. Patent #9,114,758 to Poudrier (Poudrier), and and/or U.S. Patent #5,996,869 to Belinky (Belinky), either alone or further in view of U.S. patent #6,662,983 to Lane (Lane).
With Respect to Claim 3
For clarity, this combination uses one of the Harrison hitch attachment structures for the first connector, and at least two of the Belinky hitch attachment structures and obvious duplication of parts to provide at least two such hitch attachment structures, alone or in combination with one or more of the Hill hitch attachment structures.
The vehicle hitch mounted cargo basket kit of claim 2, wherein the at least one second connector comprises: a first second connector (18 per Belinky, as modified to attach directly to the bottom surface like the Harrison structure instead of to an intermediate bar 44 like that of Belinky) having a first riser section (30; and a second second connector (a duplicate Belinky hitch connector 18) having a second riser section (30); but does not provide a particular sizing for the parts and so does not disclose that the first riser section (30) is configured to allow a vertical distance between the connector first section and the connector second section in a range of between 3 inches and 5 inches or the second riser section is configured to allow a vertical distance between the connector first section and the connector second section in a range of between 5 inches and 9 inches.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to size the parts in the claimed range (for clarity, both duplicate hitch connectors having a riser raising it 5 inches such that both are identical but each also falls within its respective claimed range) as a mere selection of an art appropriate sizing for the parts or at most a mere change in size/proportion which does not patentably distinguish over the prior art (MPEP 2144.04(IV)(A)).
Alternately, it would have been obvious to provide two hitch attachments/drawbars with different riser heights, each in the claimed range, in order to allow for each to provide a different offset and to raise the end of the hitch attachment/drawbar that distance further from the ground, and/or as doing so constitutes at most merely making adjustable which does not patentably distinguish over the prior art (MPEP 2144.04). It is noted that the disclosure of Lane provides additional motivation for and/or evidence of the obviousness of providing hitch attachments/drawbars with different dimensions to allow for adjustability.
Riser height is a results effective variable with the results being how large the offset and therefore how much farther from the ground the end of the hitch attachment/drawbar is. It would have been obvious to one having ordinary skill in the art before the filing date of this application to size the riser in the claimed range, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Furthermore, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
With Respect to Claim 12
The vehicle hitch mounted cargo basket of claim 11, wherein the riser section is configured to allow a vertical distance between the connector first section and the connector second section in a range of between 3 inches and 5 inches.
With Respect to Claim 13
The vehicle hitch mounted cargo basket of claim 11, wherein the riser section is configured to allow a vertical distance between the connector first section and the connector second section in a range of between 5 inches and 9 inches.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2016/0214451 to Harrison (Harrison) in view of U.S. Patent #5,368,209 to Hill (Hill) and U.S. Patent #9,114,758 to Poudrier (Poudrier), either alone or further in view of U.S. patent #6,662,983 to Lane (Lane) and/or U.S. Patent #5,996,869 to Belinky (Belinky) as applied to claim 2 above, and further in view of U.S. Patent #9,931,993 to Ward (Ward).
With Respect to Claim 7
The vehicle hitch mounted cargo basket kit of claim 2, but does not disclose wherein the rim has a substantially cylindrical cross sectional profile.
However, Ward discloses forming a similar rim (rail 30) on a hitch mounted cargo basket with a substantially cylindrical cross-sectional profile (see, e.g. FIG. 2 and disclosure of circular cross sectional shape indicating it is cylindrical)
With Respect to Claim 17
The vehicle hitch mounted cargo basket of claim 11, wherein the rim has a substantially cylindrical cross sectional profile (per Ward).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734
