Patent Application 16049486 - RAIL TOP CARGO MANAGEMENT SYSTEM

Title: RAIL TOP CARGO MANAGEMENT SYSTEM

Application Information

Invention Title: RAIL TOP CARGO MANAGEMENT SYSTEM
Application Number: 16049486
Submission Date: 2025-05-23T00:00:00.000Z
Effective Filing Date: 2018-07-30T00:00:00.000Z
Filing Date: 2018-07-30T00:00:00.000Z
National Class: 224
National Sub-Class: 403000
Examiner Employee Number: 86847
Art Unit: 3734
Tech Center: 3700

Rejection Summary

102 Rejections: 0
103 Rejections: 2

Cited Patents

The following patents were cited in the rejection:

Office Action Text

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 .

Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 3/14/2025 has been entered.

Claim Rejections - 35 USC § 103
2. 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 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.
3. 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.

4. Claims 1, 2, 7-11, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karrer (US 6238153) in view of Pirhonen (US 5165750), Miyamae (US 4425729), and Liberto (US 5813164).
Karrer discloses a cargo management system comprising: a first member (21) securable to a first rail; at least one first securement apparatus (68) where said at least one first adjustable clamping securement apparatus is located at least at a proximal end opposite said corner, to secure said first member to a first rail (col. 3, ll. 8-10; the end clamp in the “series” is proximate the corner compared to the other clamps in the series); at least one attachment device on a top of said first member (44); except does not expressly disclose the second member forming an L and the second securement apparatus or the cylindrical receiver/cargo carrier as claimed.
However, Pirhonen teaches a similar device wherein the rails extend around the perimeter of the truck bed (Fig. 2) including a second member (23) securable to a second rail; said first member and said second member meet in a corner to form an L and are directly connected and securedly fixed one to the other (Fig. 2, via 25, 26, 27).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to connect a second rail taught by Karrer to the first at a corner of the truck bed as taught by Pirhonen, in order to provide rails around all sides/ends of a pickup truck bed as taught by Pirhonen.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to connect a second rail taught by Karrer to the first at a corner of the truck bed as taught by Pirhonen, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Further, Miyamae teaches providing at least one cylindrical receiver (B); and at least one cargo carrier (A) having a cylindrical mounting post (8) insertable into and securable to said at least one cylindrical receiver (see Fig. 2).
Additionally, Liberto teaches attaching similar cargo carriers (fishing rod holders 30) to a rail (20, 22) mounted to truck bed side rails.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the receiver and cargo carrier taught by Miyamae to the rails taught by Karrer as modified above, in order to allow the particular cargo to be carried by the vehicle and protected in transit as taught by Liberto (col. 2, ll. 64-67).
Karrer as modified above results in a device wherein the at least one cylindrical receiver has linearly aligned holes on opposite sides of the at least one cylindrical receiver (Miyamae 15s); the cylindrical mounting post has linearly aligned holes on opposite sides of the cylindrical mounting post (Miyamae 9s); and a locking pin (Miyamae 6), insertable through and removable from all the holes (Miyamae Fig. 1).
Karrer as modified above results in a device including at least one second securement apparatus where said at least one second securement apparatus is located along said second member to secure said second member to a second rail (when viewed in combination; Karrer teaches a series of fasteners along the rail length; col. 3, ll. 8-10); said cargo carrier is removeable and portable from one location to another (slidable via groove 44); said cargo connector is moveable along said first or said second members (slidable via groove 44).
Karrer as modified above alternatively discloses said receiver can receive and secure a variety of different cargo carriers having a cylindrical mounting post, insertable into and securable to said cylinder receiver (functional/intended use limitation); said receiver is moveable and securable along either of said first or said second members (slidable via groove 44).
Karrer as modified above further discloses a cargo management system capable of securement to box top rails at and extending from a corner (see Fig. 1; functional/intended use limitation); said cylindrical receiver system comprises: a cylindrical receiver opening (top of Miyamae B); an insertable cylindrical member (Miyamae 8) formed at a bottom of said cargo carrier; said insertable cylindrical member is matingly insertable into said cylindrical receiver opening; where insertable cylindrical member can be securely affixed within said cylindrical receiver opening in different positions; said insertable member can be pivoted from zero to 90 degrees (functional/intended use); and is capable of being used with a tonneau cover (functional/intended use).

5. Claims 3-6, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karrer (US 6238153) in view of Pirhonen (US 5165750), Miyamae (US 4425729), and Liberto (US 5813164) as applied to claims 1-4, 7-12, and 16-20 above, and further in view of Williams (US 2011/0240700, hereinafter ‘Williams ‘700’).
Karrer as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the particulars of the cargo connectors as claimed.
However, Williams ‘700 teaches rail mounted, slidable V-shaped cargo connectors wherein said V shaped member has a first arm and a second arm (334, 336) and at least one cargo connector (362, 364) that is moveable up and down along a length of either of said first arm or said second arm; said cargo connectors are designed to hang a bicycle by its wheels (see Fig. 20); two receivers; two V shaped cargo carriers; having cargo connectors; where said cargo connectors are capable of securing a long cargo (see Fig. 24); said arms are length adjustable (see Figs. 7, 8); and an angle between said arms is adjustable (see Figs. 12-16).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the cargo connector/bike carrier taught by Williams ‘700 to the rail mount taught by Karrer as modified above, in order to allow the user to transport a bicycle as taught by Williams ‘700 and in light of Karrer as modified above teaching use of different types of mounts with its rail system.

Response to Arguments
6. Applicant’s arguments with respect to all claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.

Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
May 20, 2025