CTNF 18/344,775 CTNF 101625 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-22-06 The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: 156 (paragraph 0039, line 2) and 162 (paragraph 0041, line 3) . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 06-22-03 AIA The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “ 400 ” has been used to designate both “crossbar” (paragraph 0052, line 2) and “method” (paragraph 0059, line 1) . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. In Fig. 5, reference character 506, the term “acessory” seems to be directed to state --accessory--. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. In this office action, Figure and Figures will be referred to as Fig. and Figs, respectively. Claims 1-2, 4, 9, and 11 are rejected under U.S.C. 102(a)(1) as being anticipated by Nagle US 20080231067 A1. Regarding claim 1, Nagle discloses an apparatus (101), comprising: a support (2140; see annotated Fig. 101A) configured to interface with an inner surface (2110) of a gate (105) of a vehicle (104) (Fig. 101A), the support being further configured to support an accessory (1200; Fig. 83); and a mounting structure (1078) mounted to the support and configured to mount to at least one of the accessory (1072; Fig. 86) or a crossbar (1092; Fig. 87) to which the accessory is mounted (paragraph 0013). PNG media_image1.png 499 707 media_image1.png Greyscale Regarding claim 2, Nagle discloses the apparatus of claim 1, further comprising a base (517) secured to the support and configured to fasten to the gate (paragraph 0257). Regarding claim 4, Nagle discloses the apparatus of claim 1, wherein the support comprises a first support (2140; see annotated Fig. 101A) and the mounting structure comprises a first mounting structure (1078; see annotated Fig. 87), the apparatus further comprising: a second support (2140; see annotated Fig. 101A) configured to interface with the inner surface (2110) of the gate (Fig. 101A), the second support being further configured to support the accessory (1200; Fig. 83); and a second mounting structure (1078; see annotated Figs. 86/87) mounted to the second support and configured to mount to the at least one of the accessory (1072; Fig. 86) or the crossbar (1102; Fig. 87) to which the accessory is mounted (paragraph 0013). Regarding claim 9, Nagle discloses the apparatus of claim 1, further comprising: an electrical component (1150) mounted to the support; and an electrical connector (paragraph 0309) coupled to the support and configured to electrically couple to a port (1156) on the gate when the support is resting on the inner surface of the gate (paragraph 0402; Fig. 90). Regarding claim 11, Nagle discloses the apparatus of claim 9, wherein the electrical component comprises an electrical socket (paragraph 0303). PNG media_image2.png 510 758 media_image2.png Greyscale PNG media_image3.png 585 539 media_image3.png Greyscale Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 3, 5, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Nagle US 20080231067 A1, in view of Keller US 20030146636 A1 . Regarding claim 3, Nagle discloses a cargo floor and a sidewall (see Nagle annotated Fig. 101A). Nagle does not disclose a brace defining a mounting point configured to mount to at least one of a cargo floor and a sidewall. However, Keller discloses a brace (Keller 60/62) that engages with a sidewall to define mounting points (Keller paragraph 0013) and is configured to resist a tipping force (Keller paragraph 0042). Therefore, 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 to provide the mounting apparatus of Nagle with the anti-tipping brace as taught by Keller with a reasonable expectation of success for the advantage of preventing the apparatus from shifting longitudinally with respect to the truck bed (Keller paragraph 0013), and ensuring the apparatus and mounted accessory remain stable to each other by imparting additional structure and preventing undesired motion, as known by one of ordinary skill in the art. PNG media_image1.png 499 707 media_image1.png Greyscale Regarding claim 5, Nagle discloses a crosspiece (Nagle 2130) secured to the first support and the second support (Nagle paragraph 0331). Nagle does not disclose a configuration to resist tipping of the first support and the second support. However, Keller discloses a crossbar (Keller 124) that prevents tipping motion in a load platform and frame (Keller paragraph 0036). Therefore, 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 to provide the mounting apparatus of Nagle with the anti-tipping crossbar as taught by Keller with a reasonable expectation of success for the advantage of ensuring the apparatus and mounted accessory remain stable to each other by imparting additional structure and preventing undesired motion, as known by one of ordinary skill in the art. Regarding claim 14, Nagle discloses a crosspiece (Nagle 2130) is secured to the first support and the second support (Nagle paragraph 0331). Nagle does not disclose a configuration to resist tipping of the first support and the second support. However, Keller discloses a crossbar (Keller 124) that prevents tipping motion in a load platform and frame (Keller paragraph 0036). Therefore, 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 to provide the mounting apparatus of Nagle with the anti-tipping crossbar as taught by Keller with a reasonable expectation of success for the advantage of ensuring the apparatus and mounted accessory remain stable to each other by imparting additional structure and preventing undesired motion, as known by one of ordinary skill in the art. Regarding claim 15, Nagle discloses a cargo floor, a first and second sidewall (see Nagle annotated Fig. 101A), a first and second support (Nagle 2140; see Nagle annotated Fig. 101A), and fastening connections (Nagle paragraph 0212). Nagle does not disclose a first and second brace connecting to the cargo floor and/or first and second sidewalls, nor first and second supports. However, Keller discloses a first and second brace (Keller 60/62) that engages with sidewalls (Keller paragraph 0013) and supports (Keller 48a/48b/48c/48d; Keller Fig. 3). Therefore, 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 to provide the mounting apparatus of Nagle with the braces and their connections to structural components as taught by Keller with a reasonable expectation of success for the advantage of preventing the apparatus from shifting longitudinally with respect to the truck bed (Keller paragraph 0013), and ensuring the apparatus and mounted accessory remain stable to each other by imparting additional structure and preventing undesired motion, as known by one of ordinary skill in the art . PNG media_image1.png 499 707 media_image1.png Greyscale 07-21-aia AIA Claim s 6, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nagle US 20080231067 A1, in view of Keller US 20030146636 A1, and further in view of Huggett US 20240059224 A1 . Regarding claim 6, Nagle, in view of Keller, disclose an area extending between the accessory and a cargo floor of the vehicle, and an area extending between the first support and the second support (see Nagle annotated Fig. 87). Nagle, in view of Keller, do not disclose a door pivotally secured to the first support and configured to latch with respect to the second support, the door configured to substantially cover these respective areas. Regarding claim 16, Nagle, in view of Keller, disclose a gap between the cargo floor and the gate. Nagle, in view of Keller, do not disclose pivoting a panel such that the panel is positioned over a gap between the cargo floor and the gate, the first support and the second support configured to provide clearance for the panel while resting on the upper surface of the gate. Regarding claim 19, Nagle, in view of Keller, disclose that the first support and the second support are positioned on the upper surface of the gate (see Nagle annotated Fig. 101A), and that there is a space between the accessory and the cargo floor (see annotated Nagle Fig. 86). Nagle, in view of Keller, do not disclose that a space is accessible between the first support and the second support. PNG media_image3.png 585 539 media_image3.png Greyscale PNG media_image2.png 510 758 media_image2.png Greyscale However, Huggett discloses a door (Huggett 106) that is pivotally secured to the first support and configured to latch (Huggett 122) with respect to the second support (see Huggett annotated Fig. 1B), configured to enclose a space (Huggett 120) that is accessible between the first support and the second support (see Huggett annotated Fig. 1B). Additionally, Huggett discloses a pivotable panel (Huggett 834; Huggett paragraphs 0124-0125) that can be positioned between the cargo floor and the gate, with , the first support and the second support configured to provide clearance for the panel while resting on the upper surface of the gate (see Huggett annotated Fig. 7F; Huggett paragraphs 0124-0125). Therefore, 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 to the mounting apparatus of Nagle, in view of Keller, with the door and cargo floor panel as taught by Huggett with a reasonable expectation of success for the advantage of providing easier access to a storage area of a vehicle (Huggett paragraph 0007). Providing a pivotable cargo floor panel allows for additional storage to be covered and accessed, with the panel being sized or shaped to match a size, position, or pivoting angle of the vehicle's floor panels (Huggett paragraph 0024). This may allow for sufficient clearance for mounting an accessory to the apparatus while being able to easily access the entire cargo bed . PNG media_image4.png 517 643 media_image4.png Greyscale PNG media_image5.png 522 609 media_image5.png Greyscale 07-21-aia AIA Claim s 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Nagle US 20080231067 A1, in view of Keller US 20030146636 A1, and further in view of Ma US 20190291554 A1 and Crandall et al. US 20160090048 A1 . Regarding claim 7, Nagle, in view of Keller, do not disclose that the mounting structure comprises a pocket defined by the support and configured to receive a crossbar mount secured to the crossbar. Regarding claim 8, Nagle, in view of Keller, do not disclose the mounting structure further comprises a striker bar extending across the pocket and configured to engage a latch of the crossbar mount. However, Ma discloses a mounting structure (Ma 44) that comprises a pocket (see Ma annotated Fig. 5) and a striker bar (Ma 64) extending across the pocket configured to engage a latch structure (Ma 46; Ma paragraph 0049). Additionally, Crandall et al. disclose a crossbar mount (Crandall et al. 121) that can be secured to a crossbar (Crandall et al. 121; Crandall et al. Fig. 4; Crandall et al. paragraph 0085). Therefore, 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 to provide the mounting apparatus of Nagle, in view of Keller, with the mounting structure and crossbar mount and their features as taught by Ma and Crandall et al. with a reasonable expectation of success for the advantage of imparting additional connectivity securements between the apparatus components to prevent undesired motions between assembled parts, as known by one of ordinary skill in the art . PNG media_image6.png 500 428 media_image6.png Greyscale 07-21-aia AIA Claim s 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nagle US 20080231067 A1, in view of Keller US 20030146636 A1, and further in view of Reed, III US 20160362070 A1 . Regarding claim 10, Nagle, in view of Keller, disclose that the electrical component comprises a support brake light (Nagle 2460) configured to provide brake signaling for the vehicle (Nagle paragraph 0402). Nagle, in view of Keller, do not disclose a vehicle brake light obscured by the accessory. Regarding claim 20, Nagle, in view of Keller, disclose a support brake light (Nagle 2460) mounted to a crosspiece (Nagle 2530) extending between the first support and the second support, the method further comprising: electrically coupling an electrical connector (Nagle paragraph 0309) mounted to at least one of the first support and the second support to a port (Nagle 1156) mounted to the gate, the electrical connector being electrically connected to the support brake light (Nagle paragraph 0402) and the port being in communication with a controller of the vehicle (Nagle paragraph 0046), the controller configured to cause power to be supplied (Nagle paragraph 0046) to the port in response to activation of brakes of the vehicle. Nagle, in view of Keller, do not disclose a vehicle brake light obscured by the accessory. However, Reed, III discloses a third vehicle break light (Reed, III 120) that can be obscured by an accessory (Reed, III paragraph 0213). Therefore, 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 to provide the mounting apparatus and its method of Nagle, in view of Keller, with the vehicle brake light as taught by Reed, III with a reasonable expectation of success to yield predictable results of including an additional third vehicle brake light on a vehicle for added safety in alerting surrounding drivers if the vehicle is braking, as is known by one of ordinary skill in the art (Nagle paragraph 0402) . 07-21-aia AIA Claim s 12-13, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Nagle US 20080231067 A1, in view of Keller US 20030146636 A1, and further in view of Hickey et al. US 20230234648 A1 . Regarding claim 12, Nagle, in view of Keller, disclose a method (Nagle paragraph 0052) comprising: pivoting a gate (Nagle 105; Nagle paragraph 0052) of a vehicle (Nagle 104) away from a cargo floor of the vehicle (see Nagle annotated Fig. 101A); positioning a support (Nagle 2140; see Nagle annotated Fig. 101A) on an upper surface (Nagle 2110) of the gate; and mounting an accessory (Nagle 1200; Nagle Fig. 83) to the support and to sidewalls (see Nagle annotated Fig. 101A) of the vehicle on either side of the cargo floor such that at least a portion of a weight of the accessory is transmitted to the gate through the support (Nagle paragraph 0290). Nagle, in view of Keller, do not disclose that at least a portion of a weight of the accessory is transmitted to the sidewalls. However, Hickey et al. disclose that the weight of an accessory is distributed across the sidewalls (Hickey et al. paragraphs 0077 and 0181). Therefore, 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 to provide the method of Nagle, in view of Keller, with the weighted accessory and its connectivity with sidewalls as taught by Hickey et al. with a reasonable expectation of success for the advantage of preventing overloading and plausible deformation in a crossbar from mounting an accessory with a larger weight, as known by one of ordinary skill in the art. PNG media_image1.png 499 707 media_image1.png Greyscale Regarding claim 13, Nagle discloses the method of claim 12, wherein the support comprises a first support (2140; see Nagle annotated Fig. 101A), the method further comprising: positioning a second support (2140; see Nagle annotated Fig. 101A) on the upper surface of the gate; and mounting the accessory to the second support such that a portion of the weight of the accessory is transmitted to the gate through the second support (Nagle paragraph 0290). Regarding claim 17, Nagle discloses the method of claim 13, wherein the support comprises a first crossbar (Nagle 1102) to the first support and the second support, the accessory (Nagle 1072) being mounted to the first crossbar (Nagle Fig. 86). Regarding claim 18, Nagle, in view of Keller, do not disclose mounting the accessory to one or more second crossbars mounted to the sidewalls. However, Hickey et al. disclose mounting an accessory (Hickey et al. 26) to two crossbars (Hickey et al. 34) mounted to the sidewalls. Therefore, 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 to provide the method of Nagle, in view of Keller, with the weighted accessory and its connectivity with sidewalls as taught by Hickey et al. with a reasonable expectation of success for the advantage of preventing overloading and plausible deformation in a crossbar from mounting an accessory with a larger weight, as known by one of ordinary skill in the art . PNG media_image7.png 499 707 media_image7.png Greyscale Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nagle US 20080231067 A1 discloses a retractable tailgate barrier and accessory systems. See Nagle annotated Figs. 86, 87, and 101A. Keller US 20030146636 A1 discloses a pull-out load platform for truck cargo beds. Huggett US 20240059224 A1 discloses secure storage systems for vehicles. See Huggett annotated Figs. 1B and 7F. Ma US 20190291554 A1 discloses a latch system and tonneau cover. See Ma annotated Fig. 5. Crandall et al. US 20160090048 A1 disclose a modular system for mounting accessories and related methods. Reed, III US 20160362070 A1 discloses a pickup truck mounted toolbox. Hickey et al. US 20230234648 A1 disclose a twist lock accessory rack system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM. 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. /Anayansi Santiago/Examiner, Art Unit 3612 /A.S./Examiner, Art Unit 3612 /AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612 Application/Control Number: 18/344,775 Page 2 Art Unit: 3612 Application/Control Number: 18/344,775 Page 3 Art Unit: 3612 Application/Control Number: 18/344,775 Page 4 Art Unit: 3612 Application/Control Number: 18/344,775 Page 5 Art Unit: 3612 Application/Control Number: 18/344,775 Page 6 Art Unit: 3612 Application/Control Number: 18/344,775 Page 7 Art Unit: 3612 Application/Control Number: 18/344,775 Page 8 Art Unit: 3612 Application/Control Number: 18/344,775 Page 9 Art Unit: 3612 Application/Control Number: 18/344,775 Page 10 Art Unit: 3612 Application/Control Number: 18/344,775 Page 11 Art Unit: 3612 Application/Control Number: 18/344,775 Page 12 Art Unit: 3612 Application/Control Number: 18/344,775 Page 13 Art Unit: 3612 Application/Control Number: 18/344,775 Page 14 Art Unit: 3612 Application/Control Number: 18/344,775 Page 15 Art Unit: 3612 Application/Control Number: 18/344,775 Page 16 Art Unit: 3612 Application/Control Number: 18/344,775 Page 17 Art Unit: 3612