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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hickey et al. (US 11279213 B2).
Regarding Claim 1, Hickey teaches a cover for a pickup truck, adapted to apply to a pickup truck bed, the cover (Fig. 1 element 2) comprising a side enclosing plate (Fig. 1 elements 4,6 and Fig. 2 element 36) fitted with the pickup truck bed, and a cover plate disposed above the side enclosing plate, wherein: the cover plate comprises a front cover plate (Fig. 1 element 26) connected to the side enclosing plate and a flap cover (Fig. 1 element 8) that is rotatable around an axis located at an end of the front cover plate (Shown in Fig. 17); the flap cover is connected to the side enclosing plate or the front cover plate at a point where a retractable support (Fig. 17 element 258) is mounted, and the retractable support is capable of reciprocating between a first state and a second state; when the retractable support is in the first state, the flap cover is opened; and when the retractable support is in the second state, the flap cover is closed (Shown in transition between Fig. 1 and Fig. 17).
Regarding Claim 2, Hickey teaches the limitations set forth in Claim 1 and further discloses the flap cover comprises a first flap (Fig. 5 element 14) and a second flap (Fig. 5 element 30) connected at an angle to the first flap; when the flap cover is opened, the first flap is substantially perpendicular to the horizontal plane, and when the flap cover is closed, the first flap is substantially parallel to the horizontal plane (Shown in Fig. 5).
Regarding Claim 3, Hickey teaches the limitations set forth in Claim 2 and further discloses the retractable support is a retractable rod and the retractable rod is at least one in number; and one end of the retractable rod is hinged to the first flap, and the other end of the retractable rod is hinged to the side enclosing plate (Shown in Fig. 17).
Regarding Claim 4, Hickey teaches the limitations set forth in Claim 3 and further discloses the side enclosing plate comprises a first side plate (Fig. 1 element 4), a second side plate (Fig. 1 element 6) and a third side plate; the first side plate and the second side plate are detachably mounted on a side of the pickup truck bed, and the third side plate is detachably mounted on a front side of the pickup truck bed (Fig. 2 element 36).
Regarding Claim 5, Hickey teaches the limitations set forth in Claim 4 and further discloses the other end of the retractable rod is hinged to at least one of: the first side plate, the second side plate and the rear end of the front cover plate (Shown in Fig. 17).
Regarding Claim 6, Hickey teaches the limitations set forth in Claim 4 and further discloses the first side plate, the second side plate, the third side plate, the front cover plate, the flap cover and the pickup truck bed form a first loading space (Fig. 1 space between cover and truck bed).
Regarding Claim 10, Hickey teaches the limitations set forth in Claim 1 and further discloses a width of the cover is the same as a width of the front of the pickup truck, and the cover is at the same height as or higher than the front of the pickup truck when the cover is fixed on the pickup truck bed (“the upward extending walls terminate at the approximate height of the pickup truck's cab section roof” Col. 1 lines 22-24).
Regarding Claim 13, Hickey teaches the limitations set forth in Claim 1 and further discloses A vehicle, having a cover as claimed in claim 1 mounted thereon (“The present disclosure relates to trucks such as pickup trucks, and truck beds used on pickup trucks and like vehicles, and, in particular, a truck bed cap with improved features and design” Col. 1 lines 12-15).
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.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hickey et al. (US 11279213 B2) in view of Zhu (CN 212499837 U).
Regarding Claim 7, Hickey teaches the limitations set forth in Claim 6.
Hickey fails to explicitly teach the first side plate is provided with a first expansion slot, the first expansion slot at least partially defining a second loading space configured to mount devices or store articles independently of the first loading space.
However, Zhu teaches the first side plate is provided with a first expansion slot, the first expansion slot at least partially defining a second loading space configured to mount devices or store articles independently of the first loading space (Fig. 2 leftmost element 4; Fig. 3).
Hickey and Zhu are considered analogous to the claimed invention as they are in the same field of pickup truck bed cap design. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the side plates of Hickey to have the alternative loading space as disclosed by Zhu. Doing so would allow for more storage in the system without the user having to access the internal space of the truck bed.
Regarding Claim 8, Hickey and Zhu teach the limitations set forth in Claim 7.
Zhu further discloses the second side plate is provided with a second expansion slot, the second expansion slot at least partially defining a third loading space configured to mount devices or store articles independently of the first loading space and the second loading space (Fig. 2 rightmost element 4; Fig. 3).
Regarding Claim 9, Hickey and Zhu teach the limitations set forth in Claim 8.
Zhu and further discloses one or more of a secondary fuel tank, a water storage tank, a toolbox and a ladder are mounted in at least one of the second loading space and the third loading space (Fig. 3).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hickey et al. (US 11279213 B2) in view of Lambden (US 6007137 A).
Regarding Claim 11, Hickey teaches the limitations set forth in Claim 4.
Hickey fails to explicitly teach a sealing element is mounted between the pickup truck bed and the first side plate, the second side plate, and the third side plate.
However, Lambden teaches a sealing element is mounted between the pickup truck bed and the first side plate, the second side plate, and the third side plate (Fig. 2 element 30).
Hickey and Lambden are considered analogous to the claimed invention as they are in the same field of pickup truck bed cap design. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the truck cap of Hickey to have the seal disclosed by Lambden. Doing so would increase the weather resistance of the truck bed space as the seal would prevent water/air from flowing through the gap. Sealing systems between a pickup truck bed and cap are known in the art and are not considered novel.
Regarding Claim 12, Hickey and Lambden teach the limitations set forth in Claim 11.
Lambden further discloses the sealing element is an annular sealing ring (Fig. 2 element 30).
Conclusion
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/E.A./Examiner, Art Unit 3644
/Nicholas McFall/Primary Examiner, Art Unit 3644
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