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 § 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.
Claims 1-7, 9, 11-14, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smirnov (online article).
With respect to claim 1, Smirnov discloses a grille guard apparatus, comprising:
a first member;
a second member forming a shape having:
a first side that is parallel with a second side; and
a first arch that is opposite to a second arch as shown below in the images taken from the first image of Smirnov:
[AltContent: textbox (third member)][AltContent: ][AltContent: textbox (fifth member)][AltContent: ][AltContent: textbox (side of the fourth member)][AltContent: ][AltContent: textbox (arch of a fourth member)][AltContent: ][AltContent: ][AltContent: ]
PNG
media_image1.png
234
348
media_image1.png
Greyscale
[AltContent: textbox (first member)]
[AltContent: textbox (second member)][AltContent: ]
[AltContent: textbox (second arch)][AltContent: ]
[AltContent: textbox (first arch)][AltContent: textbox (first side)][AltContent: textbox (second side)][AltContent: ][AltContent: ][AltContent: ][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector]
PNG
media_image2.png
124
61
media_image2.png
Greyscale
a third member coupled with the first arch and the third member to extend perpendicular to the first side to couple with an arch of a fourth member: and
a fifth member coupled with the first side and the fifth member to extend parallel with the third member to couple with a side of the fourth member that is parallel to the first side:
wherein at least one of the first member or the second member is coupled with a vehicle (coupled to Rivian 6x6 pickup truck as shown in Smirnov).
With respect to claim 2, the first member disclosed by Smirnov is capable of being coupled with a frame of the vehicle (note, that this limitation does not actually limit the grille guard but is instead, a statement of intended use); and
the second member coupled with the first member as can be seen in the above images.
With respect to claim 3, the first member disclosed by Smirnov is capable of being coupled with a frame of the vehicle (note, that this limitation does not actually limit the grille guard but is instead, a statement of intended use); and
the second member supported by the first member as can be seen in the above images.
With respect to claim 4, Smirnov discloses that the shape of the second member circumscribes a headlight of the vehicle, the headlight forming a second shape that corresponds to the shape of the second member as shown in the first image of Smirnov.
With respect to claim 5, Smirnov discloses that the second member supported by the first member (as shown in the above images), the shape of the second member surrounding a first headlight of the vehicle (as shown in the first image of Smirnov), the first headlight forming a second shape; and
the fourth member having a third shape surrounding a second headlight of the vehicle (while this is not clearly shown in the first image of Smirnov, one of ordinary skill in the art would recognize that Rivian makes vehicles with symmetrical headlights and that grille guards are designed to symmetrically guard the headlights which would result in the fourth member surrounding the second headlight).
With respect to claim 6, Smirnov discloses the first member being coupled with the first arch of the second member to support the second member (as indicated in the above images).
With respect to claim 7, Smirnov discloses the shape of the second member surrounding a first headlight of the vehicle (as shown in the first image of Smirnov); and
the fourth member forming a second shape, the second shape of the fourth member surrounding a second headlight of the vehicle (while this is not clearly shown in the first image of Smirnov, one of ordinary skill in the art would recognize that Rivian makes vehicles with symmetrical headlights and that grille guards are designed to symmetrically guard the headlights which would result in the fourth member surrounding the second headlight).
With respect to claim 9, Smirnov discloses a sixth member that curves around an end of the vehicle towards at least one of a passenger side of the vehicle or a driver side of the vehicle as shown below in the image taken from the first image of Smirnov:
[AltContent: textbox (sixth member)][AltContent: ][AltContent: ]
PNG
media_image1.png
234
348
media_image1.png
Greyscale
With respect to claim 11, Smirnov discloses vehicle, comprising:
a first member;
a second member forming a shape having:
a first side that is parallel with a second side; and
a first arch that is opposite to a second arch as shown below in the images taken from the first image of Smirnov:
[AltContent: textbox (arch of a fourth member)][AltContent: textbox (side of the fourth member)][AltContent: ][AltContent: ][AltContent: textbox (third member)][AltContent: ][AltContent: textbox (fifth member)][AltContent: ][AltContent: ][AltContent: ]
PNG
media_image1.png
234
348
media_image1.png
Greyscale
[AltContent: textbox (first member)]
[AltContent: textbox (second member)][AltContent: ]
[AltContent: textbox (second arch)][AltContent: ]
[AltContent: textbox (first arch)][AltContent: textbox (first side)][AltContent: textbox (second side)][AltContent: ][AltContent: ][AltContent: ][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector]
PNG
media_image2.png
124
61
media_image2.png
Greyscale
a third member coupled with the first arch and the third member to extend perpendicular to the first side to couple with an arch of a fourth member: and
a fifth member coupled with the first side and the fifth member to extend parallel with the third member to couple with a side of the fourth member that is parallel to the first side:
wherein at least one of the first member or the second member is coupled with a vehicle (coupled to Rivian 6x6 pickup truck as shown in Smirnov).
With respect to claim 12, Smirnov discloses that the shape of the second member circumscribes a headlight of the vehicle, the headlight forming a second shape that corresponds to the shape of the second member as shown in the first image of Smirnov.
With respect to claim 13, Smirnov discloses that the second member supported by the first member (as shown in the above images), the shape of the second member surrounding a first headlight of the vehicle (as shown in the first image of Smirnov), the first headlight forming a second shape; and
the fourth member having a third shape surrounding a second headlight of the vehicle (while this is not clearly shown in the first image of Smirnov, one of ordinary skill in the art would recognize that Rivian makes vehicles with symmetrical headlights and that grille guards are designed to symmetrically guard the headlights which would result in the fourth member surrounding the second headlight).
With respect to claim 14, Smirnov discloses the first member being coupled with the first arch of the shape of the second member to support the second member (as indicated in the above images).
With respect to claim 21, Smirnov discloses a sixth member that curves around an end of the vehicle towards at least one of a passenger side of the vehicle or a driver side of the vehicle as shown below in the image taken from the first image of Smirnov:
[AltContent: textbox (sixth member)][AltContent: ][AltContent: ]
PNG
media_image1.png
234
348
media_image1.png
Greyscale
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Smirnov (online forum), as applied to claim 1 above, further in view of Fretz et al. (US 2011/0006553).
With respect to claim 10, Smirnov discloses the claimed grille guard apparatus except for a first component coupled to a frame of the vehicle on a passenger side of the vehicle, the first component comprising an opening; a second component coupled to the frame of the vehicle on a driver side of the vehicle, the second component comprising an opening; and the first member, comprising: a first vertical portion that extends from the second member forming the stadium shape through the opening of the first component; the second vertical portion that extends from the fourth member of the grille guard apparatus forming a second shape through the opening of the second component; and a portion that extends from an end of the first vertical portion to an end the second vertical portion that is perpendicular to the first vertical portion and the second vertical portion.
However, Fretz et al. teaches a similar grille guard apparatus comprising a first component coupled to a frame 16 of the vehicle on a passenger side of the vehicle (Fretz et al., paragraph [0027]), the first component comprising an opening 114 (see Fig. 2B of Fretz et al.) as shown below in the image taken from Fig. 3 of Fretz:
[AltContent: textbox (first component)][AltContent: ]
PNG
media_image3.png
262
224
media_image3.png
Greyscale
a second component coupled to the frame 16 of the vehicle on a driver side of the vehicle, the second component comprising an opening 114 (see Fig. 2B of Fretz) as shown below in the image taken from Fig. 3 of Fretz et al:
[AltContent: textbox (second component)][AltContent: ]
PNG
media_image4.png
287
157
media_image4.png
Greyscale
and
the first member, comprising:
a first vertical portion that extends from the second member through the opening 114 of the first component as shown below in the image taken from Fig. 5 of Fretz et al.:
[AltContent: textbox (second vertical portion)][AltContent: textbox (first vertical portion)][AltContent: ][AltContent: ]
PNG
media_image5.png
208
525
media_image5.png
Greyscale
a second vertical portion that extends from a fourth member of the grille guard apparatus forming a second shape through the opening 114 of the second component (as indicated above); and
a portion 96 that extends from an end of the first vertical portion to an end the second vertical portion that is perpendicular to the first vertical portion and the second vertical portion (as shown in Fig. 3 of Fretz et al.).
It 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, with a reasonable expectation of success, to combine the teaching of Fretz et al. with the grille guard apparatus disclosed by Smirnov for the advantage of providing a space and a mounting surface for attaching a winch 150 to the grille guard apparatus and vehicle (Fretz et al., paragraphs [0031] and [0034]).
Response to Arguments
Applicant’s arguments with respect to claims 1-7, 9-14, and 21 have been considered but are moot because the new ground of rejection does not rely on the reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Daniel J Colilla/Primary Examiner, Art Unit 3612
Prosecution Insights