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 .
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, 3, 4, 6-12, 14-20 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.
In claims 1 and 15, applicant claims “the base having a top surface that is substantially flat with no ridges”. This limitation appears to be new matter not supported by the invention as originally disclosed.
Applicant describes the disadvantages of the prior art tailgate covers having ridges in the Background of the Invention. In the Summary of the Invention, applicant describes the base according to some embodiments as having “a front surface that is substantially flat”. In the Preferred Embodiments of the Invention, applicant describes the base has having “a flat plate or flat panel shape with substantially flat front and back surfaces”. However, nowhere in the originally filed application is the base disclosed as having “a top surface that is substantially flat with no ridges” as currently claimed. The preferred embodiment shown in the figures appears to be substantially flat, however it the edges of the base appear to be chamfered which creates a sort of ridge. Even assuming the drawings show no ridges, however, does not preclude the use of ridges as claimed since the drawings are only of a preferred embodiment. Nowhere in the originally filed specification is the use of ridges with the base precluded as now claimed in claims 1 and 15.
Inc claims 1 and 15, applicant additionally claims “the padding layer covers the entire base’s top surface”. This limitation appears to be new matter not supported by the invention as originally disclosed. Applicant’s originally filed specification does not use the word “entire”. Furthermore, applicant’s drawings do not appear to show such a construction as portions of the base’s top surface appear to be uncovered by the padding layer, especially as shown in figure 9 where the edges of the base, areas of the base around the cupholder, areas of the base near the edge fastener indents, and end spaces of the base between different parts of the padding appear to be uncovered by the padding layer.
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 3 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.
In claim 3, applicant claims the edge of the base is not covered by the padding layer. This is inconsistent with claim 1, from which claim 3 depends, which claims that the padding layer covers the base’s entire top surface.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5,000,503 specifically teaches attaching a tailgate protector to a tailgate using pre-existing apertures in the tailgate so as not to damage the tailgate by creating new holes (see column 2, line 63-column 3, line 20.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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/JASON S MORROW/ Primary Examiner, Art Unit 3612
September 26, 2025