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 Objections
Claim 17 is objected to because of the following informalities: “a driver side section”, “a frame subassembly”, and “a passenger side section” are already recited in claim 15. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abbasi et al. (US 20120324793 A1).
Regarding claim 15, Abbasi discloses a tailgate assembly (Fig. 1A), comprising: a frame subassembly (Fig. 5) having a cargo bed access opening (see annotated Fig. 2) between a driver side section and a passenger side section (Fig. 5, two vertical portions of the frame), the frame subassembly offset from a preset frame subassembly position (paragraph 49, first engaging the right pivot structure when attaching the frame to the vehicle structure, which can be a preset position; after both sides are engaged, it will be offset from the preset position where only one side is engaged), the frame subassembly secured to a structure of a vehicle (22/24 in Fig. 2; of vehicle 12) in the preset frame subassembly position (paragraph 49); and a door subassembly (14 in Fig. 1A) that is pivotably coupled to the frame subassembly (Fig. 3B, pivotable about axis 34), the door subassembly pivotable relative to the frame subassembly back-and-forth between a door open position (abstract and Fig. 3B) and a door closed position (abstract and Fig. 1A), the door subassembly closing the cargo bed access opening when the door subassembly is in the door closed position (Fig. 1A), the door subassembly offset from a preset door subassembly position (Fig. 1A is offset from Fig. 3B), the door subassembly secured to a structure of the vehicle in the preset door subassembly position (Fig. 3B, secured to vehicle through the hinge 26/28 and the frame).
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Figure 1 Annotated Fig. 2 from Abbasi
Regarding claim 16, Abbasi discloses the tailgate assembly of claim 15, wherein the frame subassembly and the door subassembly pivot together about a horizontally extending axis (Fig. 3A, axis 48), wherein the door subassembly pivots relative to the frame subassembly about a vertically extending axis (34 in Fig. 3B).
Regarding claim 17, Abbasi discloses the tailgate assembly of claim 15, further comprising connecting a driver side section of a frame subassembly to a passenger side section of the frame subassembly using a tube (Fig. 5 and paragraph 29, frame is shown to be a tube and the lower middle portion of the tube is connecting the two vertical side sections, which are the driver side section and the passenger side section).
Regarding claim 18, Abbasi discloses the tailgate assembly of claim 15, wherein the driver side section is on a driver side of the cargo bed access opening in the tailgate assembly, and the passenger side section is on a passenger side of the cargo bed access opening (Fig. 5, one on left side and the other on the right side).
Response to Arguments
Applicant's arguments filed 12/8/2025 have been fully considered but they are not persuasive.
In paragraphs 5-6 on page 6 of Applicant’s Remarks, Applicant argues that Abbasi does not disclose any such "preset" positions, which according Applicant includes bowing, side sections tilting outboard, wider top, etc. Examiner respectfully disagrees. According to MPEP 2111.01(II), a claim must be interpreted in light of the specification – without reading limitations from the specification into the claim. The term “preset” is defined in paragraph 30 of Applicant’s specification dated 5/5/2023 as “Generally, presetting is the installing of a part in a position misaligned or offset from a desired installed position for that part.” Therefore, the claims are interpreted in light of this definition, without importing more limitations as presented in Applicant’s argument. This is also consistent with the broadest reasonable interpretation practice.
Regarding Abbasi, as described in the rejection above, the reference discloses a preset position for the frame when the frame is first engaged with the right pivot structure which is offset or misalign from a desired installed position when both left and right pivot structures are engaged. Similarly, the door has a preset position when it is only supported by a pivot/hinge at one side (Fig. 3B), offset or misalign from a desired installed position where the door is supported also at the other side by the latch (Fig. 1A).
Allowable Subject Matter
Claims 1, 4-14, and 21-22 are allowed.
Claims 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the allowance of the claims is the inclusion in the claims of the limitations directed to presetting the driver side section and the passenger side section such that the cargo bed access opening is wider at a vertical top of the cargo bed access opening than at a vertical bottom of the cargo bed access opening as claimed in claims 1 and 20; tilting the driver side section outboard from a design position for the driver side section, and tilting the passenger side section outboard from a design position of the passenger side section as claimed in claims 4, 19, and 21. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record.
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 Wenwei Zhuo whose telephone number is (571)272-5564. The examiner can normally be reached Monday through Friday 8 a.m. - 4 p.m. EST.
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/WENWEI ZHUO/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner, Art Unit 3612 February 18, 2026