The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 27-58 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/25/26.
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 16 and 24 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.
Claim 16, the recitation “said vehicle includes a tailgate, and wherein said control panel rests above said tailgate when said tailgate is up” (emphasis added) is an improper positive structural recitation of a feature of the vehicle, which is outside the scope of the claimed invention, i.e., an equipment sled having an intended use of being mountable or demountable on a vehicle.
Claim 24, lines 1-2, it is not clear what is meant by “wherein rapidly mountable ... is further defined as ...”, since claim 1, from which this claim depends, does not recite “rapidly mountable”.
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.
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.
Claims 1, 8, 11-14, 17, 19-22, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Carrier (US 6,761,226) in view of Lindblom (US 2007/0189887), both previously cited.
Carrier shows a portable self-contained fire-fighting apparatus, which is considered to be an “interchangeable equipment sled”, as broadly claimed* (see note below), comprising a frame 12 holding equipment removably and operatively attached thereto (e.g., pump 30, engine 32, control panel 38, battery 35, and fuel tank 36 are carried on a separate frame 21 that is removable from the frame 12, while all connections to hoses and conduits are of the quick-release type; see col. 4:54-57 and col. 5:49-63), said equipment being chosen from the group consisting of fire equipment, batteries, fuel tanks, pesticide tanks, dumpster equipment, welding equipment, salt equipment, sand equipment, and combinations thereof, said interchangeable equipment sled being mountable or demountable on a vehicle (col. 3:4-10).
*Note: while Carrier does not explicitly use the preamble terms “interchangeable” or “sled”, when reading the preamble in the context of the entire claim, these recitations are not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Carrier does not show that the frame includes at least one jack receiving slot for receiving a camper jack allowing said frame to be lifted from said vehicle with camper jacks, although it is readily apparent that some undisclosed powered mechanism would be required to load or unload the apparatus into or out of the vehicle.
Lindblom shows an interchangeable equipment sled 230 or 530 comprising a frame holding equipment operatively attached thereto (not explicitly identified but a portable storage container (PSC) of a communications service vehicle is considered to inherently have a frame with equipment operatively attached thereto; note par. [0003]), said interchangeable equipment sled being mountable or demountable on a pick-up truck or similar vehicle 300 or 532, wherein said frame includes at least one jack receiving slot 307 or 533 for receiving a camper jack 210 allowing said frame to be lifted from said vehicle with camper jacks (Fig. 1). This allows the PSC to be quickly and easily removed from a vehicle which is due for maintenance or repair and mounted on a different vehicle, thus avoiding downtime of the PSC. It also allows different types of PSC’s to be interchanged to/from the vehicles.
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Carrier by providing the frame with at least one jack receiving slot for receiving a camper jack allowing said frame to be lifted from said vehicle with camper jacks, as taught by Lindblom, to provide a quick and easy means of placing the equipment sled into or removing it from the vehicle.
Re claim 8, Lindblom shows that the frame is sized to fill a vehicle bed (Figs. 3 and 6-8). Such a feature would obviously be included in the apparatus of Carrier when modified as above.
Re claim 11, Carrier discloses that the equipment is fire equipment, and includes a hose 40 or 42, a hose reel 44 or 46, a pump 30, and a water tank 22.
Re claim 12, the water tank includes a plurality of baffles 110 to prevent movement of water in said water tank.
Re claim 13, said equipment of Carrier includes at least one “equipment rack” 21 (as broadly recited) and at least one “utility compartment” 62 (as broadly recited).
Re claim 14, Carrier shows the frame to further include a control panel 38 having controls (including at least switch 34 for the engine/pump) for said equipment. Other controls are shown but not separately identified.
Re claim 17, Lindblom shows that the interchangeable equipment sled further includes a GPS tracking device (par. [0029]). Such a feature would obviously be included in the apparatus of Carrier when modified as above, to facilitate easier tracking of the container.
Re claim 19, both references show that the frame includes a plurality of wheels 14 (Carrier), 502 (Lindblom) “removably attached” (as broadly and functionally recited; i.e., the wheels are clearly capable of being removed) along said base portion.
Re claim 20, although not explicitly stated, the equipment of Carrier is clearly capable of being operated by a mechanism chosen from the group consisting of (at least) manually and by an application on a smartphone.
Re claim 21, both references disclose that said vehicle is chosen from the group consisting of a car, pickup truck, flat bed truck, semi-truck, and trailer.
Re claim 22, Lindblom discloses that the interchangeable equipment sled further includes a locking mechanism 220 for locking said interchangeable equipment sled in place on said vehicle (par. [0017]). Such a feature would obviously be included in the apparatus of Carrier when modified as above, to enhance safety and security.
Re claim 24, the interchangeable equipment sled of Carrier is considered to clearly be “able to be removed from or added to said vehicle in 10 minutes”, as broadly and functionally recited (not explicitly recited but considered inherent). A recitation of an intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. In this case, merely being able to be removed from or added to the vehicle in a particular amount of time does not define over the reference because it does not specify what “added to” or “removed from” actually entails. In other words, it is not necessarily the entire process of assembling or disassembling the sled onto or from the vehicle but rather could be nothing more than the instantaneous moment between the time in which the sled is physically in contact with the vehicle and the time immediately before or afterward in which it is not physically in contact with the vehicle.
Re claim 26, Lindblom shows that the at least one jack receiving slot is located at a top portion of said frame (Fig. 1). Such a feature would obviously be included in the apparatus of Carrier when modified as above.
Claims 2, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Carrier in view of Lindblom, as applied to claims 1 and 14 above, and further in view of Suntup (US 11,328,619, previously cited).
Carrier does not disclose that the frame is made of steel.
Suntup discloses an interchangeable equipment sled 20 comprising a frame 60 holding equipment (including but not limited to pump/engine 26/27, control housing 55, hose reel 46 and tank 22) operatively attached thereto, said interchangeable equipment sled being mountable or demountable on a vehicle 100 (see col. 5:39-44), wherein said frame is made of steel (col. 6:40-42).
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have further modified the apparatus of Carrier by making the frame of steel, as taught by Suntup, to provide the well-known and art recognized advantages of such a material, including high strength, cost effectiveness, ease of manufacture, and ready availability.
Re claim 15, Carrier does not disclose that the control panel includes at least one light switch, a remote spot light (although various lights 25 are provided), a traffic director control, a hose reel switch, a hose reel valve, a discharge valve, a tank fill/recirculate valve, a tank to pump valve, a primer switch/valve, an inlet pressure gauge, a discharge pressure gauge, a pump throttle, a tank level gauge, and a pump electric start.
However, Suntup also discloses a control panel 64 having controls 5 for said equipment (Fig. 3 and col. 6:10-15), wherein the control panel includes “electric switches and protective devices for controlling … the pump, for energizing other electric parts of the system and a light, and so forth” (col. 6:13-16). Suntup also discloses the apparatus to include various other equipment such as valves 39, 54, meter 36, register/display 40, and a master power switch, but not all of these items are explicitly disclosed as being included on the control panel.
Nevertheless, it would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Carrier by including on the control panel the various switches, controls, gauges and meters as needed for operation of the equipment, such as at least one light switch, a remote spot light, a traffic director control, a hose reel switch, a hose reel valve, a discharge valve, a tank fill/recirculate valve, a tank to pump valve, a primer switch/valve, an inlet pressure gauge, a discharge pressure gauge, a pump throttle, a tank level gauge, and a pump electric start, as generally suggested by Suntup, in order to provide a convenient and centralized location on which to mount the various controls and status indicators of all of the mechanical and electrical equipment provided on the sled, as it has been held that rearranging parts of an invention involves only routine skill in the art and is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70.
Re claim 16, to whatever extent the limitation may be given patentable weight in light of the rejection under 35 U.S.C. set forth above in par. 4, since Carrier shows the control panel mounted above water tank 22, it is readily apparent that when carried in the bed of a pickup as described in col. 3:5-6, the panel would rest above a tailgate of the vehicle when such a tailgate was up, as broadly and indefinitely recited.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Carrier in view of Lindblom and Suntup, as applied to claim 22 above, and further in view of Fritz et al (US 2018/0250992, previously cited).
Carrier as modified does not disclose that said locking mechanism includes a tie down plate having a plurality of tie down points mounted to a gooseneck puck system of said vehicle, and at least one rod removably attached at a first end to an attachment point of said frame and removably attached at a second end to said tie down point.
However, Suntup also discloses a locking mechanism 106-108 for locking the sled in place on said vehicle (col. 5:48-53), which includes a tie down 107 removably attached at a first end to an attachment point 106 of said frame and removably attached at a second end to a tie down point (fitting 108) on the truck bed.
Fritz shows a tie down plate 100 having “quick disconnect direct-to-puck” mounting points 128 (par. [0049]) for mounting to a truck bed, comprising a plurality of tie down points 150 (pars. [0051] to [0053]).
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have further modified the apparatus of Carrier by configuring the locking mechanism such that it included a tie down plate having a plurality of tie down points capable of being mounted to a gooseneck puck system of said vehicle, and at least one rod removably attached at a first end to an attachment point of said frame and removably attached at a second end to said tie down point, as collectively suggested by Suntup and Fritz, to provide a convenient means of attaching the equipment sled to a truck bed having a gooseneck puck system.
Claims 1, 3-9, 11-13, 17-22, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Forsyth (US 4,593,855, previously cited) in view of Carrier and Lindblom.
Forsyth discloses an interchangeable equipment sled 1 comprising a frame 45 and/or 60 holding at least fire-fighting equipment (including but not limited to pump/engine 3, controls 5, hose reel 19 and tank 40) operatively attached thereto, said equipment being chosen from the group consisting of fire equipment, batteries, fuel tanks, pesticide tanks, dumpster equipment, welding equipment, salt equipment, sand equipment, and combinations thereof (col. 1:36-43), said interchangeable equipment sled being mountable or demountable on a vehicle 2, (e.g., see at least line 2 of the Abstract: “[the] apparatus may be quickly and easily mounted onto an ordinary pickup truck”).
Forsyth does not explicitly state that the equipment is removably attached to the frame, although there is no indication that the equipment is permanently attached in such a manner as to preclude it from being removed. Further, it is believed that one of ordinary skill in the art would logically conclude that the equipment is likely to be mounted in such a manner that it would be removable at least for purposes of replacement, repair and/or maintenance thereof, noting that the claim does not set forth any particular limitations concerning the manner, purpose, ease or degree to which the equipment is removable.
In any event, Carrier, as noted above in par. 7, shows a generally similar vehicle-mounted self-contained fire-fighting apparatus, comprising a frame 12 holding equipment removably and operatively attached thereto. This allows the equipment to be used for other purposes when necessary (col. 2:59-63).
Forsyth also does not disclose that the frame includes at least one jack receiving slot for receiving a camper jack allowing said frame to be lifted from said vehicle with camper jacks, although it is readily apparent that some undisclosed powered mechanism would be required to load or unload the apparatus into or out of the vehicle.
However, as also noted above, Lindblom shows an interchangeable equipment sled 230 or 530 comprising a frame holding equipment operatively attached thereto, said interchangeable equipment sled being mountable or demountable on a pick-up truck or similar vehicle 300 or 532, wherein said frame includes at least one jack receiving slot 307 or 533 for receiving a camper jack 210 allowing said frame to be lifted from said vehicle with camper jacks.
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Forsyth by configuring (at least some of) the equipment so as to be removably attached to the frame and by providing the frame with at least one jack receiving slot for receiving a camper jack allowing said frame to be lifted from said vehicle with camper jacks, as taught by Carrier and Lindblom, respectively, as the former would allow the equipment to be used for other purposes when necessary, and the latter would provide a quick and easy means of placing the equipment sled into and/or removing it from the vehicle.
Re claim 3, the frame is considered to be at least “hollow”, as broadly recited.
Re claim 4, said frame includes a base portion (including but not necessarily limited to 47a, 49e and 51e; see Figs. 1 and 6 and col. 6:7-11) and a raised portion 49d, 51d, 53a/b operatively attached to said base portion.
Re claim 5, said frame is inherently “capable” (as broadly and functionally recited) of receiving a fork from a forklift through a slot between said base portion and said raised portion (not explicitly recited but readily apparent from at least Figs. 3 and 5, noting that neither a forklift nor a fork is a positively recited structural limitation of the claim, but rather merely a statement of an intended use of the apparatus). A recitation of an intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Re claim 6, said raised portion includes a plurality of crossbars 53a/53b supporting (at least some of) said equipment (col. 5:60 to col. 6:6).
Re claim 7, said frame includes a top portion 60 for receiving said equipment, the top portion being operatively attached through a plurality of vertical portions 49a-c, 51a-c to said base portion.
Re claim 8, said frame is “sized to fill” (as broadly recited) a vehicle bed, noting that this could be any vehicle bed, not necessarily bed 12 as shown. Further, the feature is clearly taught by Lindblom, as noted above.
Re claim 9, at least some of said equipment is operatively attached to said raised portion.
Re claim 11, said equipment is fire equipment, and includes a hose 20, a hose reel 19, a pump 3, and a water tank 40.
Re claim 12, said water tank includes a plurality of baffles (not shown but note col. 5:18-23) to prevent movement of water in said water tank.
Re claim 13, said equipment includes at least one equipment “rack” 45 (as broadly recited) and at least one “utility compartment” (as broadly recited) 40.
Re claim 17, Lindblom shows that the interchangeable equipment sled further includes a GPS tracking device (par. [0029]). Such a feature would obviously be included in the apparatus of Forsyth when modified as above, to facilitate easier tracking of the sled.
Re claim 18, said interchangeable equipment sled is removable from said vehicle without removing a tailgate from said vehicle (not explicitly recited but readily apparent from at least Fig. 1).
Re claim 19, both Carrier and Lindblom show that the frame includes a plurality of wheels 14 (Carrier), 502 (Lindblom) “removably attached” (as broadly and functionally recited; i.e., the wheels are clearly capable of being removed) along said base portion. Such a feature would obviously be included in the apparatus of Forsyth when modified as above, to facilitate easier portability and maneuverability of the sled.
Re claim 20, said equipment is capable of being operated by a mechanism chosen from the group consisting of manually (e.g., see col. 3:25-32 and col. 6:41-51) and by an application on a smartphone.
Re claim 21, said vehicle is chosen from the group consisting of a car, pickup truck 2, flat bed truck, semi-truck, and trailer.
Re claim 22, the interchangeable equipment sled further includes a locking mechanism 66/68/70 for locking said interchangeable equipment sled in place on said vehicle (col. 6:24-41).
Re claim 24, said interchangeable equipment sled is considered to clearly be “able to be removed from or added to said vehicle in 10 minutes”, as broadly and functionally recited (not explicitly recited but considered inherent), in the same manner described above in par. 7.
Applicant’s arguments with respect to claims 1, 15 and 23 have been considered but are moot because the new grounds of rejection do not rely on any references applied in the prior rejections of record for any teaching or matter specifically challenged in the arguments. Notwithstanding the above, it is noted that applicant’s assertion that claim 1 has been amended to clarify that the equipment is removable from the frame to reconfigure the sled for different uses is not persuasive. Neither the claim itself, nor the specification, indicates any particular purpose for the removability of the equipment from the frame. Par. [0040] merely states that the equipment can be attached to the frame “by any appropriate mechanism and can be easy to remove”. But the mere fact that the equipment is easy to remove does not necessarily mean that the sled can be reconfigured for other purposes. It could simply allow the equipment to be replaced or to allow for maintenance/repairs thereof, or to enable the equipment to be used elsewhere.
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
7/27/26
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