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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 is not clearly understood because “the transverse attachment plate” lacks a clear antecedent basis. Claim 8 depends from claim 1. The transverse attachment plate is introduced in claim 6.
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.
(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 1, 3, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson et al. (US 2022/0194490).
Wilson et al. discloses a tailgate security bracket assembly (50) for mounting on a vehicle bed comprising a retainment plate (82) positioned in a first plane, a longitudinal attachment plate (78), and a lateral plate connecting between the retainment plate (82) and the longitudinal attachment plate (78), as shown in Figure 5A. The lateral plate comprises a first connection edge and a second connection edge. The lateral plate is connected to the retainment plate at the first connection edge. The lateral plate extends inboard from the retainment plate (82), as shown in Figures 4A and 5A. The longitudinal attachment plate (78) has a forward edge and a back edge connected to the lateral plate at the second connection edge. The longitudinal attachment plate (78) is positioned in a second plane that is parallel to and spaced inboard from the first plane, as shown in Figures 4A and 5A. A fastener assembly (58) enables attaching the tailgate security bracket assembly (50) onto the vehicle, as shown in Figures 3A-4B. The fastener (58) is disposed at the longitudinal attachment plate (78), as shown in Figures 3A-5B.
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In reference to claim 3, the retainment plate (82) comprises a securement slot, as broadly claimed. The retainment plate (82) forms a slot to receive a support pin (62) of the tailgate (26), as shown in Figure 4A.
In reference to claim 10, the fastener assembly (58) comprises a bolt (58) and a nut (not shown), but disclosed in paragraph [0044]. The longitudinal attachment plate (78) includes a hole (86), as shown in Figure 5B. The bolt (58) extends through the hole (86) to attach to a rear structure (62) of the vehicle bed and the nut is threaded onto the bolt, as shown in Figures 3A-5B and disclosed in paragraph [0044].
In reference to claim 11, the fastener (58) is disposed at the longitudinal attachment plate (78) and comprises a stud (58) fastened onto the longitudinal attachment plate (78) so as to extend outboard from a surface of the longitudinal attachment plate (78), as shown in Figures 3A-5B. The stud (58) is configured to provide attachment to a rear structure (62) of the vehicle bed, as shown in Figures 3A-5B.
In reference to claim 12, the fastener assembly (58) comprises a nut (not shown) onto the stud (58), as disclosed in paragraph [0044]. The fastener assembly (58) is configured to sandwich the rear structure (62) of the vehicle bed between the longitudinal attachment plate (78) and the nut. The nut is disclosed to be for hole (90), as disclosed in paragraph [0044].
Claims 1-3, 6, 8, 10-12, 15, and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cunningham (US 2024/0001999).
Cunningham teaches a bracket assembly (40) for mounting on a vehicle bed (12) of a vehicle, as shown in Figures 1A-4. The bracket assembly (40) comprises a retainment plate (46) positioned in a first plane, a lateral plate, a longitudinal attachment plate, and one or more fasteners (100) enable attachment onto the vehicle, as shown in Figures 2-4.
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The lateral plate comprises a first connection edge connected to the retainment plate (46), as shown in Figures 2-4. The lateral plate extends inboard from the retainment plate (46), as shown in Figure 2. The back edge of the longitudinal attachment plate is connected to the lateral plate at the second connection edge, as shown in Figures 2-4. The longitudinal has a forward edge opposite the back edge, as shown in Figures 2-4. The longitudinal attachment plate is positioned in a second plane that is parallel to and spaced inboard from the first plane, as shown in Figure 2. The fastener assemblies enable attaching the bracket assembly (40) onto the vehicle, as shown in Figure 2. The fastener assemblies are disposed at the longitudinal attachment plate, as shown in Figure 2.
In reference to claim 2, the lateral plate is substantially at a 90 degree angle to the first plane and the second plane so as to space the first plane from the second plane, as shown in Figures 2-4.
In reference to claim 3, the retainment plate comprises a securement slot below the lead line for reference number (46), as shown in Figure 2. It is considered “configured to receive a support pin of a tailgate” since it is capable of receiving support pin.
In reference to claim 6, a transverse attachment plate is connected to the forward edge of the longitudinal attachment plate and parallel to the lateral plate, as shown in Figure 3. The transverse attachment plate receives fasteners (48), as shown in Figure 3. The transverse attachment plate is provided to engage with the vehicle to secure the bracket (40) onto the vehicle, as shown in Figures 2-4.
In reference to claim 8, the top portion of the lateral plate, the longitudinal attachment plate, and the transverse attachment plate together forms a substantially U-shaped configuration defining a first bracket, as shown in Figures 3 and 4. A bottom portion of the lateral plate, the longitudinal attachment plate, and the transverse attachment plate forms a substantially U-shaped configuration defining a second bracket, as shown in Figures 2-4. The first bracket is fastened to the second bracket to form a single U-shaped configuration, as shown in Figures 2-4.
In reference to claim 10, the fastener assembly (100) comprises a bolt and a nut, as shown in Figures 2-4. The longitudinal attachment plate includes a hole through which the bolt extends, as shown in Figures 2-4. The bolt extends through the hole to attach to a rear structure of the vehicle bed and the nut is threaded onto the bolt, as shown in Figures 1 and 2.
In reference to claim 11, the fastener assembly (100) is disposed at the longitudinal attachment plate, as shown in Figure 2. The fastener assembly comprises a stud, the bolt, fastened onto the longitudinal attachment plate so as to extend outboard from a surface of the longitudinal attachment plate, as shown in Figure 2. The stud is configured to provide attachment to a rear structure (24) of the vehicle bed.
In reference to claim 12, the fastener assembly comprises a nut threaded onto the stud to sandwich the rear structure (24) of the vehicle bed between the longitudinal plate and the nut, as shown in Figure 2.
In reference to claim 15, the transverse attachment plate is connected to the longitudinal attachment plate such that the transverse attachment plate is oriented at 90 degree angle to the longitudinal attachment plate, as shown in Figures 2-4. The transverse attachment plate is configured to engage a rear post of the vehicle bed, as shown in Figure 1B.
In reference to claim 16, a plurality of fasteners (100) are configured to attach the longitudinal attachment plate to the vehicle bed, as shown in Figure 2.
Claim Rejections - 35 USC § 103
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2022/0194490) in view of Barker (5,823,022).
Wilson et al. discloses the retainment plate (82), the lateral plate, and the longitudinal attachment plate (78) are integrally formed of a sheet material, as shown in Figures 5A and 5B. The first connection edge includes a first bend in the material and the second connection edge includes a second bend in the material.
However, Wilson et al. does not disclose the material.
Barker teaches forming a bracket (34) of metal, as disclosed on lines 32-37 of column 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the retainment plate, lateral plate, and longitudinal attachment plate of Wilson et al. from metal, as taught by Barker, with a reasonable expectation for success to provide a strong bracket assembly to prevent theft.
Claims 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Cunningham (US 2024/0001999) in view of Fisher (6,059,159).
Cunningham discloses the retainment plate, the lateral plate, and the longitudinal attachment plate integrally formed of a material, as shown in Figures 2-4. The first connection edge includes a first bend in the material and the second connection edge includes a second bend in the material, as shown in Figures 2-4.
However, Cunningham does not disclose the material.
Fisher teaches using metal to form a bracket (200), as disclosed on lines 62 of column 4 through 9 of column 5.
In reference to claim 13, the bracket is formed by bending a flat piece of metal, as disclosed on lines 62 of column 4 through 9 of column 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the bracket of Cunningham from bending metal, as taught by Fisher, with a reasonable expectation for success to produce a bracket that is sufficiently strong and inexpensive.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Cunningham (US 2024/0001999) in view of Cunningham (11,034,307).
Cunningham does not disclose the claimed process.
Cunningham teaches forming a bracket by casting.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the bracket of Cunningham by casting, as taught by Cunningham, with a reasonable expectation for success to produce a bracket that is sufficiently strong and inexpensive.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2022/0194490).
Wilson et al. discloses a fastener (58).
However, Wilson et al. does not disclose an additional fastener.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an additional fastener to the bracket assembly of Wilson et al. with a reasonable expectation for success as an obvious duplication of parts that does not alter function or operation of the bracket assembly to further reduce the chances of theft.
Allowable Subject Matter
Claims 4, 5, and 7 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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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.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 February 9, 2026