DETAILED ACTION
Claim Rejections - 35 USC § 102
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) 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Published Application 2002/0040917 to Newbill.
Regarding claim 35, Newbill discloses a bumper bar for a vehicle, including: a first member (bumper 1) adapted to extend substantially across the width of the vehicle, the first member including connecting means for connecting it to the chassis of the vehicle (Fig. 1 – connection means holding 1 adjacent the vehicle) and mounting means (bolts and/or corresponding holes in bumper for securing plate 5) for mounting one or two spare wheel carriers according to claim 3 (the bolts and/or holes are capable of mounting one or two spare wheel carriers as claimed (the carrier(s) are not positively recited)).
Response to Arguments
Applicant's arguments filed 8/5/2025 have been fully considered.
All claims are allowed except claim 35, which does not positively recite the configuration from claim 3. Claim 35 would be allowable if amended to include all of the limitations of claim 3. For example, amending claim 35 at line 3 to read “chassis of the vehicle, one or two spare wheel carriers according to claim 3, and mounting means for mounting the one or two spare wheel carriers
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 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