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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Regarding claim 1, “a first bracket” (line 2), “a first base structure”
(lines 3-6 and 8-9), “a second bracket” (line 10) and “a second base structure” (lines 11-14 and 16-17).
See same deficiencies in claim 2 “the first base structure” (lines 1-2);
in claim 3 “the second base structure” (lines 1-2); in claim 4 “the first bracket” (lines 2-3); in claim 5 “the second bracket” (lines 2-3); in claim 6 “the first bracket” (line 3); in claim 7 “the second bracket (line 3); in claim 8 “the first base structure” (line 2); in claim 9 “the second base structure” (line 2); and in claim 11 “the first base structure” (line 1) and “the second base structure” (lines 1-2).
Regarding claim 12, “a first bracket” (lines 3, 4-5 and 9), “a first base structure” (line 3), “a second bracket” (lines 6, 8 and 9-10), “a second base structure” (line 6).
See same deficiencies in claim 13 “the first base structure” (lines 1-2);
in claim 14 “the second base structure” (lines 1-2); in claim 15 “the first bracket” (lines 2-3) and in claim 16 “the second bracket” (lines 2-3).
Regarding claim 18, “a first bracket” (lines 3, 4 and 9) and “a second bracket” (lines 6, 7 and 10).
See same deficiencies in claim 19 “the first bracket” (lines 1-3) and
“the second bracket” (lines 4 and 5).
Examiner’s Comment
For examining the application, the bull bar drop-down structure 350 may appear as a reinforced bracket (first and second brackets in claim 1) and may include a main body 501 (first and second base structures in the claim 1), with a proximal portion 502, and a first extension 506, and a second extension 508, as well as flange 356 as shown in Figure 5 in paragraph [0027].
Claim Rejections - 35 USC § 103
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 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.
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.
Claim(s) 12 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Candido US 9884601 B1.
Regarding claim 12, Candido US 9884601 B1 discloses a mounting system (bull bar mounting assembly 40 as shown in Figure 1) for attaching a bull bar (20 as shown in Figure 1) to a vehicle (front or rear of the pickup truck 10 as shown in Figure1), comprising: a vehicle frame structure (chassis rails 28 as shown in Figure 2) with a first mounting structure (mounting plate 44 as shown in Figure 2); a first bracket (52A as shown in Figure 2) comprising a first base
(body 51 as shown in Figure 3) structure with a proximal portion (proximal can mean situated nearer to the center of the body; center of body 51 as shown in Figure 3), a first extension (as broadly as claimed one of the pins 42 as shown in Figure 2), a second extension (as broadly as claimed one of the pins 42 as shown in Figure 2), and a first flange (55 as shown in Figure 3) extending perpendicular (as shown in Figure 3) to a proximal portion (proximal can mean situated nearer to the center of the body; center of body 51 as shown in Figure 3) of the first bracket (52A as shown in Figure 2); a second bracket (52B as shown in Figure 3) comprising a second base structure (body 51 as shown in Figure 3) with a proximal portion (proximal can mean situated nearer to the center of the body; center of body 51 as shown in Figure 3), a third extension (as broadly as claimed one of the pins 42 as shown in Figure 2), a fourth extension (as broadly as claimed one of the pins 42 as shown in Figure 2), and a second flange (55 as shown in Figure 3) extending perpendicular (as shown in Figure 3) to a proximal portion (proximal can mean situated nearer to the center of the body; center of body 51 as shown in Figure 3) of the second bracket (52B as shown in Figure 2); a bull bar (20 as shown in Figure 1) with a second mounting structure (mounting interface 36 as shown in Figure 1 and 2), wherein the first bracket (52A as shown in Figure 2) and the second bracket (52B as shown in Figure 2) are rigidly connected (one or more bolts 50 as shown in Figure 2) to the first mounting structure (mounting plate 44 as shown in Figure 2) and the second mounting structure (mounting interface 36 as shown in Figure 1 and 2).
Regarding claim 15, Candido US 9884601 B1 discloses a mounting system (bull bar mounting assembly 40 as shown in Figure 1) of claim 12, further comprising one or more bolts (one or more bolts 50 as shown in Figure 2) that pass through the first flange (55 as shown in Figure 2) and the bull bar (20 as shown in Figures 1 and 2), the one or more bolts (one or more bolts 50 as shown in Figure 2) configured to rigidly attach the first bracket (52A as shown in Figure 2) to the bull bar (20 as shown in Figures 1 and 2).
Regarding claim 16, Candido US 9884601 B1 discloses a mounting system (bull bar mounting assembly 40 as shown in Figure 1) of claim 12, further comprising one or more bolts (one or more bolts 50 as shown in Figure 2) that pass through the second flange (55 as shown in Figure 2) and the bull bar (20 as shown in Figures 1 and 2), the one or more bolts (one or more bolts 50 as shown in Figure 2) configured to rigidly attach the second bracket (52B as shown in Figure 2) to the bull bar (20 as shown in Figures 1 and 2).
Regarding claim 17, Candido US 9884601 B1 discloses a mounting system (bull bar mounting assembly 40 as shown in Figure 1) of claim 16, wherein the one or more bolts (one or more bolts 50 as shown in Figure 2) are configured to shear off during a frontal accident, causing the bull bar (20 as shown in Figure 1) to drop below the vehicle frame structure (chassis rails 28 as shown in Figure 2).
In frontal impacts, the forces applied can exceed the bolt’s strength leading to shear failure causing the bull bar to drop below the chassis rails of the vehicle.
Allowable Subject Matter
Claims 1-11 and 18-20 are allowed.
Claims 13 and 14 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:
Regarding claim 1, Candido US 9884601 B1 discloses a mounting device (bull bar mounting assembly 40 as shown in Figure 1) for attaching a bull bar
(20 as shown in Figure 1) to a vehicle (front or rear end of the pickup truck 10 as shown in Figure 1) comprising: a first bracket (52A as shown in Figure 2) comprising: a first base structure (body 51 as shown in Figure 3) configured to be rigidly mounted (pins 42 as shown in Figure 2) to a frame structure (chassis rail 28); wherein the first base structure (body 51 as shown in Figure 3) comprises a proximal portion (where the body 51 attaches to the coupling flange 55 as shown in Figure 3); and a first flange (coupling flange 55 as shown in Figure 3) configured to be rigidly (rear mounting interfaces 36 as shown in Figure 2) mounted to the bull bar (20 as shown in Figure 2), the first flange (55 as shown in Figure 3) connected to the proximal portion (where the body 51 attaches to the coupling flange 55 as shown in Figure 3) of the first base structure (51 as shown in Figure 3), the first flange (55 as shown in Figure 3) extending perpendicular to the first base structure (51 as shown in Figure 3); and a second bracket (52B as shown in Figure 2) comprising: a second base structure (body 51 as shown in Figure 3) configured to be rigidly mounted (pins 42 as shown in Figure 2) to a frame structure (chassis rail 28); wherein the second base structure (body 51 as shown in Figure 2) comprises a proximal portion (where the body 51 attaches to the coupling flange 55 as shown in Figure 3); and a second flange (coupling flange 55 as shown in Figure 3) configured to be rigidly (rear mounting interfaces 36 as shown in Figure 2) mounted to the bull bar (20 as shown in Figure 2), the second flange (55 as shown in Figure 3) connected to the proximal portion (where the body 51 attaches to the coupling flange 55 as shown in Figure 3) of the second base structure (51 as shown in Figure 3), the second flange
(55 as shown in Figure 3) extending perpendicular to the second base structure (51 as shown in Figure 3).
However, Candido US 9884601 B1 does not show a first extension in the middle portion of the first base structure, and a second extension at a distal end of the first base structure, and a third extension in the middle portion of the second base structure, and a fourth extension at a distal end of the second base structure.
Regarding claim 1, a first extension in the middle portion of the first base structure, and a second extension at a distal end of the first base structure, and a third extension in the middle portion of the second base structure, and a fourth extension at a distal end of the second base structure is not taught nor is fairly suggested by the prior art of record.
Claims 2-11 depends from claim 1.
Regarding claim 13, wherein the proximal portion of the first base structure and the first extension each comprise a ramped shape configured to force the bull bar to drop during a frontal crash is not taught nor is fairly suggested by the prior art of record.
Regarding claim 14, wherein the proximal portion of the second base structure and the third extension each comprise a ramped shape configured to force the bull bar to drop during a frontal crash is not taught nor is fairly suggested by the prior art of record.
Regarding claim 18, Candido US 9884601 B1 discloses a method for attaching (bull bar mounting assembly 40 as shown in Figure 1) a bull bar (20 as shown in Figure 1) to a vehicle (front or rear end of the pickup truck 10 as shown in Figure 1), comprising: providing a vehicle frame (chassis rails 28 as shown in Figure 2) with a first mounting structure (mounting plate 44 as shown in Figure 2); attaching a first bracket (first mounting bracket 52A as shown in Figure 2) to the first mounting structure (44 as shown in Figure 2) by passing one or more bolts (one or more bolts 50 as shown in Figure 2) through a first cutout (first fastener hole {hole is circular cutout} 54A as shown in Figure 2) and a second cut out (second fastener hole 54B as shown in Figure 2) in the first bracket (52A as shown in Figure 2) and into one or more holes (as shown in Figure 2) in the first mounting structure (44 as shown in Figure 2); attaching a second bracket (second mounting bracket 52B as shown in Figure 2) to the first mounting structure (44 as shown in Figure 2) by passing one or more bolts (50 as shown in Figure 2) through third cutout (54A as shown in Figure 2) and a fourth cutout (54B as shown in Figure 2) in the second bracket (52B as shown in Figure 2) and into one or more holes in the first mounting structure (44 as shown in Figure 2); attaching the first bracket (52A as shown in Figure 2) to a bull bar mounting structure (rear mounting interfaces 36 as shown in Figure 2); and attaching the second bracket (52B as shown in Figure 2) to the bull bar mounting structure (rear mounting interfaces 36 as shown in Figure 2).
However, Candido US 9884601 B1 does not show wherein the first, second, third, and fourth cutouts are configured to force the bull bar to drop in an event of a front crash.
Regarding claim 18, wherein the first, second, third, and fourth cutouts are configured to force the bull bar to drop in an event of a front crash is not taught nor is fairly suggested by the prior art of record.
Claims 19 and 20 depends from claim 18.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
Examiner interviews are available via telephone 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, Vivek Koppikar can be reached at 571-272-5109.
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.
/Lori Lyjak/Primary Examiner, Art Unit 3612B