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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maeda (6,820,920).
Maeda discloses a vehicle assembly comprising a tailgate 40 configured to pivot between a closed position and an open position, as shown in Figures 12 and 13; and a lift assist system 80 connected to the tailgate and including a torsion rod 73 and a nitrogen gas strut 72, wherein the lift assist system is configured such that, when the tailgate is pivoted from the open position to the closed position, the torsion rod applies a first force on the tailgate and the nitrogen gas strut applies a second force on the tailgate (see Figures 12 and 13).
Allowable Subject Matter
Claims 6-12, 14, 15 and 17-22 are allowed. The following is a statement of reasons for the indication of allowable subject matter: In independent claim 6, the recitation of the nitrogen gas strut includes a first end that is pivotably attached to a support assembly and a second end that is fixedly attached to a vehicle enwall and in independent claim 11, the recitation of a tailgate, a torsion rod rotatably attached at a first end to the first vehicle sidewall and fixedly attached at an opposite and a nitrogen gas strut pivotably attached at a first end to the tailgate and fixedly attached at an opposite, second end to a portion of the second vehicle sidewall, in combination with the rest of the recited elements, clearly defines over the prior art.
Claims 2-5 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612