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 1-5 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poudrier (US 2007/0063526).
Poudrier discloses a tailgate assembly for securely sealing material in a truck bed (10) when closed, as shown in Figure 1. The truck bed has a front end, a rear end, an interior defined by a floor (13), a front wall (9), a first side wall (11), an opposing second side wall (11’), as shown in Figure 1. Each wall has an interior side, an exterior side, a top, a midpoint, and a bottom, as shown in Figure 1. The truck bed has an open rear end and a perimetrical rear edge extending along a rear end of each of the two opposing side walls and the rear end of the floor, as shown in Figure 1. The tailgate assembly comprises a substantially flat rear wall (25) having an interior surface facing the interior of the truck bed (10), as shown in Figure 1. The flat rear wall (4) has an opposing exterior surface, first and second side edges, top and bottom edges, and a perimetrical border extending continuously along the first side edge, the bottom edge, and the second side edge on the interior surface, as shown in Figure 1. The rear wall moves between an open position discharging material through the open rear end and a closed position where the perimetrical border of the rear wall contacts the perimetrical rear edge of the truck bed, as shown in Figure 1 and disclosed in paragraphs [0002] and [0013]. One side has a first member (14) and the other side has a second member (14’). The first and second members (14,14’) pivotably move the rear wall (25) between the open and closed positions, as disclosed in paragraph [0013]. A resilient strip (17) is secured to and extends continuously along the perimetrical border of the interior surface of the rear wall (25) and corresponding to the perimetrical rear edge of the truck bed so that the resilient strip (17) snugly engages the perimetrical rear edge of the truck bed (10) and seals the interior of the truck bed (10) when the rear wall is in the closed position, as disclosed in paragraph [0014] and [0015]. In reference to claim 2, the perimetrical rear edge of the truck bed (10) comprises a raised portion (20) that contacts the resilient strip (17), as shown in Figure 5 and disclosed in paragraphs [0014] and [0015]. In reference to claim 3, the continuous raised portion comprises a continuous, elongated metal member welded to the perimetrical rear edge of the truck bed (10), as disclosed in paragraphs [0014] and [0015]. In reference to claim 4, a channel is formed in or on the interior surface of the rear wall (25) to receive and secure the resilient strip (17), as shown in Figure 5 and disclosed in paragraphs [0014] and [0015]. In reference to claim 5, the channel comprises a base wall and two opposing side walls extending upwardly from the base wall, as shown in Figure 5. The base wall is secured to the perimetrical border on the interior surface of the rear wall (25) and the resilient strip (17) is disposed in the channel between the two opposing side walls, as shown in Figure 5 and paragraphs [0014] and [0015]. In reference to claim 15, all limitations have been covered in the rejections of claims 1-4. In reference to claim 16, all limitations have been covered in the rejection of claim 5. In reference to claims 17 and 18, the resilient material (17) is a compressible, impermeable material, rubber, as disclosed in paragraph [0014]. In reference to claim 19, the continuous, elongated metal member (20) can have a round cross sectional shape since it can be a rod, as disclosed in paragraph [0015]. Rods (28) are shown in Figures 3 and 4 as being round.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Poudrier (US 2007/0063526) in view of Logue (3,905,493).
Poudrier does not disclose how the base wall is secured to the interior surface of the rear wall.
Logue teaches securing a channel (60) by welding, as disclosed on lines 17-22 of column 9.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to secure the channel to the interior surface of the rear wall of Poudrier by welding, as taught by Logue, with a reasonable expectation for success to provide a permanent attachment between the channel and the rear wall.
Claims 7-9, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Poudrier (US 2007/0063526) in view of Totani (5,518,287).
Poudrier does not disclose the specifics of the first and second members.
Totani teaches forming first and second members (8), as shown in Figures 1 and 2. Each member (8) has a first end (8b), a second end, and an intermediate point, as shown in Figures 1 and 2. The first end (8b) of each member (8) is attached to the first and second side edges of the rear wall (3), respectively, as shown in Figures 1 and 2. The intermediate point is pivotally attached to the exterior of the opposing side walls (4) by pivot pins (9), as shown in Figures 1 and 2. In reference to claim 8, the second end of each of the first and second members (8) is connected to the bottom of each of the opposing side walls (4) of the truck bed, respectively, by a piston actuator (5), as shown in Figures 1 and 2. The piston actuator (5) pivotally move the rear wall (3) between the open and closed position, as shown in Figures 1-3. In reference to claim 9, a bracket (7) extends outwardly from the bottom of the exterior surface of each of the opposing side walls (4) and one end of the piston actuators (5) is attached to the respective brackets (7), as shown in Figures 1-3. In reference to claim 14, the limitations are discussed above with respect to claims 7 and 8.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form each of the first and second members of Poudrier with a first end attached to the rear wall, an intermediate point pivotally connected to the respective side wall, and a second end coupled to the bottom of the respective side wall by a piston actuator, as taught by Totani, with a reasonable expectation for success to provide a powered pivot system that can automatically actuate the rear wall to allow for easier operation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Poudrier (US 2007/0063526) in view of
Poudrier inherently discloses the truck bed is mounted on a truck chassis having first and second sides that correspond to the first and second opposing sides of the truck bed since the truck bed is a dump truck bed, as disclosed in abstract paragraph [0002]. The truck bed moves between a level position and an elevated system. The rear wall is in the open position when the front end is in the elevated position. However, Poudrier does not disclose a cable connected to a second end of each member and the hydraulic actuator.
Hagenbuch teaches forming a pivot system of a dump truck with a member (38) with a first end attached to the rear wall and a second end attached to the side of the chassis by a cable or chain (36), as shown in Figure 2 and disclosed in paragraph [0023]. The rear wall is in the open position when the front end of the truck bed is in the elevated position, as shown in Figure 2. A hydraulic actuator (19) moves the front end from a level position, as shown in Figure 1, to an elevated position, as shown in Figure 2 and disclosed in paragraph [0020].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the pivot system of Poudrier with each member having a first end attached to the rear wall and a second end attached to the side of the chassis by a cable and a hydraulic actuator to raise and lower the front end, as taught by Hagenbuch, with a reasonable expectation for success to provide a powered pivot system to improve operation of the dump truck by automating the lifting of the truck bed and opening of the rear wall.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Poudrier (US 2007/0063526) and Totani (5,518,287), as applied to claim 11, in view of Logue (3,905,493).
Poudrier, as modified, does not disclose how the base wall is secured to the interior surface of the rear wall.
Logue teaches securing a channel (60) by welding, as disclosed on lines 17-22 of column 9.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to secure the channel to the interior surface of the rear wall of Poudrier, as modified, by welding, as taught by Logue, with a reasonable expectation for success to provide a permanent attachment between the channel and the rear wall.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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GREGORY A. BLANKENSHIP
Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 October 31, 2025