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, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/24/2025 has been entered.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-11, 13-16, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McMeans (US 10829166).
McMeans discloses an apparatus, comprising: a plurality of locking mechanisms (female receivers of fasteners 25) of a tailgate of a vehicle configured to lock an interchangeable member to the tailgate wherein the plurality of locking mechanisms is positioned at a discrete location on a top surface of the tailgate (6) that is substantially parallel to a ground surface when the tailgate is in a closed position (functional recitation), the top surface of the tailgate is a continuous surface that extends from a left truck bed edge of the vehicle to a right truck bed edge of the vehicle, and the top surface is in substantially the same plane as a top surface of the left truck bed edge and a top surface of the right truck bed edge (standard tailgate, see Fig. 11a).
Regarding the newly added limitations requiring “the interchangeable member comprises at least one notch that is configured to at least partially secure cargo (or a bike or ski),” in light of the interchangeable member not being positively recited as one of the structural elements of the claim, further details as to the makeup of the interchangeable member are not patentably defining.
McMeans further discloses the plurality of locking mechanisms is configured to engage with corresponding locking mechanisms of the interchangeable member (functional/intended use limitation; fasteners 25); and the plurality of locking mechanisms of the tailgate comprises a plurality of openings (female receivers of fasteners 25); a vehicle, comprising: a body (4); and a vehicle component (6) coupled to the body and comprising a plurality of locking mechanisms (female receivers of fasteners 25) to selectively lock to an interchangeable member; the plurality of locking mechanisms is positioned at a discrete location on a top surface of the vehicle component (see Fig. 1) that is substantially parallel to a ground surface when a tailgate of the vehicle is in a closed position (functional recitation); and the vehicle component comprises a tailgate (all Figs.) of a truck.
Regarding claims 2-8, 15, 16, and 21, because the parent claims from which these claims depend do not positively recite the interchangeable member as a part of the included structure of the claims, further details defining the interchangeable member are not patentably defining.
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
Applicant’s amendments to the claims have been considered, however are not persuasive in overcoming the previous rejections due to the failure to positively recite the interchangeable member as part of the structural components of the claimed invention. Claims 1 and 11 both recite the interchangeable member first as a functional limitation: “a plurality of locking mechanisms of a tailgate of a vehicle configured to lock an interchangeable member to the tailgate and unlock the interchangeable member from the tailgate” and “comprising a plurality of locking mechanisms to selectively lock to an interchangeable member,” respectively (emphasis added by examiner). Both claims 1 and 11, and a variety of dependent claims, then go on to provide additional details as to the makeup of the interchangeable member (notch, etc.) but never recite the interchangeable member as a required component of the structure claimed. Therefore, the details as to the features of the interchangeable member are not patentably defining.
As discussed in the interview, and summarized in the interview summary mailed 10/29/2025, the proposed amendments ability to overcome the current rejections based on McMeans are conditional upon the interchangeable member being positively recited as a required structural element of the claims.
For the reasons stated above, as well as those set forth in the rejections above, applicant’s arguments and amendments are not persuasive and the rejections are maintained.
Conclusion
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.
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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/PETER N HELVEY/Primary Examiner, Art Unit 3734
April 19, 2026
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