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 .
The following final office action is in response to the reply filed March 2, 2026.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on October 30, 2025 is acknowledged.
Claims 4-8, 12-15, 18 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 30, 2025. It should be noted that the embodiment of the invention shown in figures 2-4 does not include one or more crumple zones.
Drawings
The drawing correction filed March 2, 2026 has been approved.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because “[c]ertain aspects of the present disclosure relate to” on line 1 can be easily implied and therefore should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 1, 2, 9 and 11 are 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.
Recitations such as “a rearward direction” on line 17 of claim 1 render the claims indefinite because it is unclear what defines the rearward direction. Is the applicant referring to the rearward direction of the vehicle?
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.
Claims 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meats (US 2958558).
With respect to claim 10, Meats discloses a tailgate system comprising:
a tailgate 10 (fig. 3); and
a hinge 7, 8 (fig. 3) configured to couple the tailgate 10 to a support structure 5 of a vehicle (not shown, but set forth on line 41 of column 1), the hinge comprising a first portion 7 coupled to the support structure 5, a second portion 8 coupled to an underside of the tailgate 10 as shown in figure 3, and one or more crumple features (labeled below), wherein:
the second portion 8 is rotatable around a pivot axis 11 of the hinge relative to the first portion 7 to move the tailgate 10 between an open position (shown in dashed lines in figure 3) and a closed position (shown in solid lines in figure 3),
while the tailgate 10 is in the open position, part 8a of the second portion of the hinge 8 is disposed vertically above the pivot axis 11 of the hinge on a first side (labeled below) of the first portion 7 of the hinge;
while the tailgate is in the closed position, the part 8a of the second portion 8 of the hinge is disposed vertically below the pivot axis 11 of the hinge on a second side (labeled below) of the first portion 7 of the hinge; and
the one or more crumple features are configured to reduce a transfer of a threshold force to the support structure 5 when the threshold force is applied to the hinge 7, 8 while the tailgate is in the closed position.
With respect to claim 11, while the tailgate is in the closed position (shown in solid lines in figure 3), the hinge 7, 8 is configured to extend a distance beyond a rear bumper (note a bumper of the vehicle could be placed to the right of the hinge axis 11 as shown in figure 3) of a vehicle in a rearward direction; and the one or more crumple features (labeled below) are configured to facilitate a reduction in reduce a length of the hinge 7, 8 by at least the distance when the threshold force is applied to the hinge.
Claims 16, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meats (US 2958558).
With respect to claim 16, Meats discloses a hinge 7, 8 (fig. 3) comprising:
a first portion 7 configured to couple the hinge to a support structure 5 of a vehicle; and
a second portion 8 configured to couple the hinge to an underside of a tailgate 10 of the vehicle, wherein:
the second portion 8 is coupled to the first portion 7;
the second portion 8 is rotatable around a pivot axis 11 of the hinge relative to the first portion 7 between (i) a first rotational position (shown in dashed lines in figure 3) corresponding to an open position of the tailgate 10 and (ii) a second rotational position (shown in solid lines in figure 3) corresponding to a closed position of the tailgate 10;
in the first rotational position, a part 8a of the second portion 8 of the hinge is disposed vertically above the pivot axis 11 of the hinge on a first side (labeled below) of the first portion 7 of the hinge; and
in the second rotational position, the part 8a of the second portion 8 of the hinge is disposed vertically below the pivot axis 11 of the hinge on a second side (labeled below) of the first portion 7 of the hinge; and
at least one of the first portion or the second portion comprises one or more crumple features (labeled below) configured to facilitate a reduction in a length of the hinge 7, 8 when a threshold force is applied to the hinge.
With respect to claim 17, the hinge 7, 8 comprises a gooseneck hinge as shown in figure 3.
With respect to claim 19, the one or more crumple features are further configured to reduce a transfer of the threshold force to the support structure 5 of the vehicle.
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Allowable Subject Matter
Claims 1, 2 and 9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, absent applicant’s own disclosure, fails to teach the entire combination of elements set forth in the claimed invention. Specifically, the prior art of record fails to teach the hinge extending a distance beyond the rear bumper in a rearward direction and one or more crumple features are configured to facilitate a reduction in a length of the hinge by at least the distance when a threshold force is applied to the hinge. See claim 1, lines 17-21.
Response to Arguments
Applicant's arguments filed March 2, 2026 have been fully considered but they are moot in view of the new grounds of rejection.
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 GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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