DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/8/2026 has been entered.
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(s) 1 and 3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 2586992 to Joly in view of US Patent 10,227,097 to Smith, US Published Application 2024/0149959 to Miles and Youtube.com (NPL #1).
Regarding claim 1, Joly discloses a device for carrying a spare tire on the rear of a vehicle (see figures, solid lines), the device comprising: a tire assembly (1, 2) coupled to said vehicle and having a support arm frame (1) and a tire carrier frame (2); said assembly shaped to enclose said tire and having an open position (with tire bracket open) and a closed position (with tire bracket closed); a securing mechanism (15, 16) for securing said assembly in said closed position; a pivot member (12) for opening said assembly to said open position. Joly fails to disclose attaching the device to a vehicle rear gate. However, Smith discloses that it is known to reinforce a tailgate and attach a tire bracket directly to the tailgate (abstract, Fig. 2). It would have been obvious to one of ordinary skill to have attached the tire assembly directly to a tailgate because it only involves choosing from a finite number of predictable vehicles and locations to attach a tire assembly. It would have been obvious to one of ordinary skill to have reinforced the tailgate to provide structural support, as taught by Smith (see abstract, for example). In the combination, the pivot member is positioned to allow full access of said gate regardless of tire assembly position (the gate can be swung open or closed regardless of the position of the tire assembly). The combination fails to disclose a speed control device. However, Miles discloses a tire carrier including a speed control device (171, 172 – Fig. 12) affixed to both a support arm frame (stationary frame 155) and a tire carrier frame (movable frame 141/144), said device controlling a speed of opening of said assembly. It would have been obvious to one of ordinary skill to have included a speed control device between the support arm frame and the tire carrier frame in the combination to bias the tire carrier frame toward the stowed position, as taught by Miles (para. 0100). One of ordinary skill would have been able to make minor modifications to the shape of the frames to allow for attachment of the speed control device, as they are also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). However, to the extent there is any doubt, Youtube discloses that it is known to extend the frame farther around the tire (see screenshot), which would allow for attachment of the speed control device.
Regarding claim 3, Joly discloses wherein said securing mechanism secures said support arm frame to said tire carrier frame (see figures).
Regarding claim 4, Joly discloses wherein said support arm frame and said tire carrier frame are pivotally connected (at 12).
Regarding claim 5, the combination from claim 1 discloses wherein said gate support assembly includes a back plate (200 – Smith) having apertures (210 – Smith) configured to receive fasteners that secure the back plate to the rear gate (Smith Col. 5, lines 23-30).
Regarding claim 6, Joly discloses wherein said support arm frame includes an extending arm (bottom of 1 adjacent 12) whereby said pivot member is positioned near an extending arm end (see figures).
Regarding claim 7, Joly discloses wherein said tire assembly contacts an underlying support surface when open (lower right figure, with tire assembly swung open).
Regarding claim 8, Joly discloses wherein said securing means is near a top of said assembly and said pivot member is near a bottom of said assembly (see figures).
Regarding claim 9, Joly discloses wherein said device has a center of gravity that urges said assembly in said closed position (see figures – with 2 nearing a closed position, the center of gravity of the assembly will urge the device closed).
Regarding claim 10, Joly discloses a stop member (bracket 11) that stops the pivoting of the assembly (bracket at 11 contacts the lower portion of 1 when the tire assembly is opened to stop pivoting).
Response to Arguments
Applicant's arguments filed 2/8/2026 have been fully considered but they are not persuasive.
As to applicant’s argument that the gate support assembly is not only attached to the gate and not to the vehicle frame or vehicle bumper (page 1 of arguments), as discussed in the rejection above, the gate support from Smith is attached directly to the rear gate, as recited in claim 1 and includes a back plate with apertures as recited in claim 5. Any further requirements not captured in the claims are not required of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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