DETAILED ACTION
Status of Submission
This Office action is responsive to applicant’s amendment filed on February 18, 2026, which has been entered with the exception of the replacement drawing sheets and the substitute specification (see explanation below).
Claims Subject to Examination
Claims 1-3, 5-8 and 10-14 of this application are subject to examination. Claims 4 and 9 have been canceled.
Replacement Drawing Sheets
The replacement drawing sheets filed on February 18, 2026 have been disapproved by the examiner and will not be entered because: Figs. 2 and 3 both include reference number 46, but its lead line is not directed to the corresponding end of the tow hook 38, i.e., to the end receiving the fastener 42 (see ¶¶ 0025-0026, 0028-0032). Instead, the lead line for reference number 46 is directed to some intermediate portion of the tow hook (which is located closer to its rear end than to its front end in Fig. 2). Thus, Figs. 2 and 3 fail to comply with 37 CFR 1.84(q).
Substitute Specification
The substitute specification filed on February 18, 2026 has been disapproved by the examiner and will not be entered for the following reasons.
The substitute specification filed on February 18, 2026 is improper under 35 USC 132(a) because it introduces new matter into the disclosure.
The substitute specification amends both ¶ 0007 and the abstract to read “The towing end defines a towing direction.” According to ¶ 0026 of the original specification, the towing end 44 is generally aligned along the towing direction indicated by arrow A in Fig. 2. There is no support in the original disclosure for the towing end functioning to define the towing direction. The examiner suggests amending both ¶ 0007 and the abstract to read similar to ¶ 0026.
The substitute specification amends ¶ 0017 to read “The high voltage battery 12 may be coupled to a longitudinal support member 18, a portion of which is illustrated” and to further read “The longitudinal support member 18 may be a portion of a unibody construction such as a sill member.” According to ¶ 0017 of the original specification, (i) the high voltage battery 12 may be coupled to a support structure, a portion of which is illustrated, (ii) the support structure may be a traditional ladder type frame or portions of a unibody construction such as a sill member, and (iii) elements 18 are members of the support structure that run parallel to a longitudinal axis and, thus, are longitudinal support members. There is no support in the original disclosure for the high voltage battery 12 being coupled to a single longitudinal support member 18, a portion of which is illustrated. There is also no support in the original disclosure for a single longitudinal support member 18 being a single portion of a unibody construction such as a sill member. The examiner suggests amending ¶ 0017 by changing each occurrence of “support structure 18” to “support structure”, and by changing “members of the support structure 18” to “longitudinal support members 18 of the support structure”.
The substitute specification amends ¶ 0022 to read “the preferred mounting configuration is on the bottom of the motor vehicle’s frame such as the longitudinal support members 18 or the lateral support 20A”. According to ¶ 0022 of the original specification, the preferred mounting configuration is on the bottom of the motor vehicle’s frame rail. There is no support in the original disclosure for the preferred mounting configuration being on the bottom of the motor vehicle’s frame (in general). In order to provide consistency with ¶ 0017, the examiner suggests amending ¶ 0022 to read “the preferred mounting configuration is on the bottom of the motor vehicle’s support structure such as the longitudinal support members 18 or the lateral support 20A”.
The substitute specification amends ¶ 0035 to read “the support bracket 40 can be provided with the slots…while the flange 56 of the two hook is provided with the holes that allow the bolts to pass therethrough for securing to the slots 58 and 60 of the flange 56”. There is no support in the original disclosure for the support bracket 40 being provided with slots (in place of the slots 58, 60 in the flange 56 of the tow hook 38). Further, there is no support in the original disclosure for slots formed in the support bracket 40 being used together with slots 58, 60 in the flange 56 of the tow hook 38. It appears to the examiner that ¶ 0035 should read “the mounting bracket 36 can be provided with the slots…while the flange 56 of the two hook is provided with the holes that allow the bolts to pass therethrough for securing to the slots of the mounting bracket 36”.
The substitute specification filed on February 18, 2026 fails to comply with 37 CFR 1.125(b). When a substitute specification is voluntarily filed by the applicant, it should exclude the claims. Further, the inclusion of a blank claim listing in the substitute specification is confusing since it suggests that the application has no claims.
The substitute specification filed on February 18, 2026 fails to comply with 37 CFR 1.125(c). A substitute specification must be submitted with markings showing all the changes relative to the immediate prior version of the specification of record. However, the marked-up copy of the substitute specification filed on February 18, 2026 fails to accurately show the changes made to the specification. For example, ¶ 0007 of the mark-up copy reads “Asupport bracket (9th-10th lines), but the clean copy reads “A mounting bracket” (9th line).
The substitute specification filed on February 18, 2026 contains numerous errors and inaccuracies.
In ¶ 0007, “the mounting bracket” (7th line) should read “the support bracket” for consistency with the earlier amendments to the paragraph. The paragraph no longer introduces a mounting bracket prior to the 7th line.
In ¶ 0007, the description “and the mounting end extends through the aperture” (12th-13th lines) is incorrect. It is inaccurate to state that the mounting end 46 of the tow hook 38 as “extends through” the aperture 48 (see amended Fig. 2). As shown in Fig. 2, the actual end of the tow hook 38 (which receives the fastener 42) does not extend through the aperture 48 in the mounting bracket 46. Rather, some intermediate portion of the tow hook 38 extends through the aperture 48. While the mounting end of the tow hook 38 may be inserted through the aperture 48 during assembly,1 it does not extend through the aperture 48 in its assembled condition.
In ¶ 0021, “tow hook assemblies 30” (3rd line) should read “tow hook assemblies” since reference number 30 no longer appears in amended Fig. 2.
In ¶ 0021, “tow hooks 30A” (8th line) should read “tow hook assemblies 30A”.
In ¶ 0022, the recitation “on the top of the frame rail” (6th line) is confusing since the paragraph no longer refers to the preferred mounting configuration as being one the bottom of the motor vehicle’s frame rail. That is, there is no previous reference to “frame rail” in the amended paragraph.
In ¶ 0024, “the longitudinal support member 18” (4th-5th lines) is inaccurate and unclear since plural longitudinal support members 18 (not a single longitudinal support member 18) are described previously in ¶ 0017.
¶ 0028 has been amended to refer to “the direction forming the angle not coincident with the towing direction A” (5th-6th lines). However, there is no previous introduction of this direction forming an angle not coincident with the towing direction in either ¶ 0028 or the preceding paragraphs of the DETAILED DESCRIPTION.
In ¶ 0028, “tow hook assembly 30” (9th line) should read “tow hook assembly 30A”.
In ¶ 0029, “tow hook assembly 30” (1st-2nd lines) should read “tow hook assembly 30A”.
In ¶ 0029, “to allow movement of the tow hook 38 in a direction opposite to the towing direction” (9th-10th lines) is inaccurate and is immediately contradicted by “the tow hook 38 is free to slide in the direction opposite to the direction forming the angle not coincident with the towing direction” (10th-11th lines).
In ¶ 0030, “tow hook assembly 30” (1st line) should read “tow hook assembly 30A”.
In ¶ 0031, “The aperture 48 is sized to receive the mounting end 46 therethrough while allowing the mounting end 46 to retract therein during a crash event” (5th-6th lines) is not correct. It is inaccurate to state that the aperture 48 allows the mounting end 46 of the tow hook 38 “to retract therein during a crash event”. As shown in Fig. 2, the actual end of the tow hook 38 (which receives the fastener 42) does not extend through the aperture 48 in the mounting bracket 46. Rather, some intermediate portion of the tow hook 38 extends through the aperture 48. While the mounting end of the tow hook 38 may be inserted through the aperture 48 during assembly,2 it does not extend through the aperture 48 in its assembled condition. Thus, the mounting end of the tow hook 38 does not retract within the aperture 48 during a crash event.
In ¶ 0031, “lateral support 20” (8th line) should read “lateral support 20A”.
In ¶ 0032, “aperture (not shown)” (11th line) should read “apertures (not shown)”.
In ¶ 0033, “tow hook assembly 30” (4th line) should read “tow hook assembly 30A”.
In ¶ 0034, “from materials of that” (2nd line) should read “from materials that”.
In the abstract, “the mounting bracket” (6th line) should read “the support bracket” for consistency with the earlier amendments to the abstract. The abstract no longer introduces a mounting bracket prior to the 6th line.
In the abstract, the description “and the mounting end extends through the aperture” (12th-13th lines) is incorrect and inaccurate for the reasons explained above.
Claim Construction in Examination
During examination, the pending claims are normally interpreted according to the broadest reasonable interpretation standard (hereinafter, the “BRI standard”). That is, claims are given their broadest reasonable interpretation consistent with the specification, and limitations in the specification are not read into the claims. See MPEP 2111 et seq.
An exception to the BRI standard occurs when the applicant acts as their own lexicographer. For this exception to apply, the applicant must clearly set forth a special definition of a claim term in the specification that differs from the plain and ordinary meaning it would otherwise possess. See MPEP 2111.01, subsection IV.
Another exception or special case occurs when a claim recites a means-plus-function limitation that must be interpreted in accordance with 35 USC 112 ¶ 6, or 35 USC 112(f). See MPEP 2181. According to the guidance provided by Williamson v. Citrix Online, LLC, 792 F.3d 1339 (Fed. Cir. 2015) (en banc), 35 USC 112 ¶ 6 applies when the claim term fails to recite (i) sufficiently definite structure, and/or (ii) sufficient structure for performing the claimed function.
Examiner’s Claim Construction
The current claim limitations are construed under the BRI standard. No explicit claim construction is deemed to be necessary.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
GROUND 1: Claims 1-3, 5-8 and 10-14 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to recite “the towing end defining a towing direction” (ll. 4-5). According to ¶ 0026 of the original specification, the towing end 44 is generally aligned along the towing direction indicated by arrow A in Fig. 2. There is no support in the original disclosure for the towing end functioning to define the towing direction. Thus, claim 1 recites new matter. The examiner suggests amending claim 1 to read similar to ¶ 0026.
Claims 2, 3, 5-8 and 10-14 are included in the rejection because of their dependencies.
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.
GROUND 2: Claims 1-3, 5-8 and 10-14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 requires “the angled portion having an aperture therethrough, and the mounting end extending through the aperture” (ll. 14-16). This subject matter is indefinite because it is inaccurate to characterize the mounting end 46 of the tow hook 38 as “extending through” the aperture 48 (see amended Fig. 2). As shown in Fig. 2, the actual end of the tow hook 38 (which receives the fastener 42) does not extend through the aperture 48 in the mounting bracket 46. Rather, some intermediate portion of the tow hook 38 extends through the aperture 48. While the mounting end of the tow hook may be inserted through the aperture 48 during assembly,3 it does not extend through the aperture 48 in its assembled condition.
Claims 6 and 7 are indefinite because they depend from canceled claim 4.
Dependent claims are included in the rejection at least because of their dependencies.
Specification Objections
The specification is objected to because:
The terminology used in the abstract fails to correspond to the terminology used in the specification’s detailed description of the invention. The reversal of the terms “support bracket” and “mounting bracket” in the abstract compared to their use in the specification’s detailed description creates confusion.
In the abstract, the recited tow hook movement “in a direction opposite to the towing direction” (ll. 7-8) is inaccurate. Since the mounting end of the tow hook extends through the support bracket at an angle not coincident with the towing direction, it is not possible/accurate for the two hook to move in a direction opposite to the towing direction. Rather, it would appear that the angled orientation of the mounting end and its mounting within the support bracket constrains the mounting end to move in a direction that is not coincident with the towing direction. This is confirmed by ¶ 0032, which describes the desired movement as being in a direction opposite the direction of arrow 75 (shown in Fig. 2 as angled with respect to the towing direction A).
In the abstract, the description of the mounting bracket as having “a second end” (l. 10) having an aperture is inaccurate. The aperture 48 (see amended Fig. 2) is not in a “second end” of the mounting bracket 36.
In the abstract, the description “The mounting end extends through the aperture” (l. 11) is incorrect and inaccurate for the reasons explained above.
The terminology used in the summary of the invention (¶ 0007) fails to correspond to the terminology used in the specification’s detailed description of the invention. The reversal of the terms “support bracket” and “mounting bracket” in ¶ 0007 compared to their use in the specification’s detailed description creates confusion.
In ¶ 0007, the recited tow hook movement “in a direction opposite to the towing direction” (ll. 7-8) is inaccurate. See the explanation above.
In ¶ 0007, the description of the mounting bracket as having “a second end” (l. 10) having an aperture that the mounting end “extends through” (l. 11) is inaccurate. See the explanation above.
In ¶ 0016, at l. 5, “10may” should read “10 may”.
In ¶ 0017, at ll. 1-2, “support structure 18” should read “support structure”.
In ¶ 0017, at l. 2, “support structure 18” should read “support structure”.
In ¶ 0017, at l. 4, “members of the support structure 18” should read “longitudinal support members 18 of the support structure”.
In ¶ 0017, at l. 5, “lateral used” should read “lateral are used”.
In ¶ 0017, at l. 9, both occurrences of “support members 20” should read “support members 20A, 20B”. See Fig. 1.
In ¶ 0018, at l. 6, “battery management system 22” should read “battery management system 24”.
In ¶ 0019, at ll. 1 and 2-3, “low voltage battery 24” should read “low voltage battery 26”.
In ¶ 0020, at ll. 1 and 3, “electrical components 26” should read “electrical components 28”.
In ¶ 0021, at ll. 1 and 2, “supports 20” should read “supports 20A, 20B”.
In ¶ 0021, at l. 3, “tow hook assemblies 30” should read “tow hook assemblies”.
In ¶ 0021, at l. 5, “support 20” should read “support 20A”. See Fig. 1.
In ¶ 0021, at l. 5, “rear tow hooks” should read “rear tow hook assemblies”.
In ¶ 0021, at l. 6, “support 20” should read “support 20B”. See Fig. 1.
In ¶ 0022, at ll. 2-3, 5-6 and 8, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0022, at ll. 4-5, “the motor vehicle’s frame rail such as the longitudinal support members 18 or the lateral supports 20” is inaccurate because the lateral supports 20A, 20B are not examples of “the motor vehicle’s frame rail”.
In ¶ 0022, at l. 5, “supports 20” should read “supports 20A, 20B”. See Fig. 1.
In ¶ 0022, at ll. 6-7, the phrase “In this example” is confusing because it is unclear whether this refers to the embodiment illustrated in Figs. 2-3 and discussed at ll. 1-5, or whether this refers to the alternate embodiment discussed at ll. 5-6.
In ¶ 0022, at l. 7, “support 20” should read “support 20A”.
In ¶ 0023, at ll. 2, 4-5, 6 and 7, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0023, at ll. 3 and 5, “support 20” should read “support 20A”.
In ¶ 0024, at l. 1, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0024, at l. 3, “support 20” should read “support 20A”.
In ¶ 0024, at l. 4, “FIGS. 2-3” should read “FIG. 2” since only Fig. 2 shows the bolts 37.
In ¶ 0024, at l. 5, “longitudinal support 18 impact beam 4” is confusing and inaccurate because (i) there is more than one longitudinal support 18, (ii) reference number 34 is used to label the impact beam, (iii) the longitudinal supports 18 are distinct from the impact beam 34, and (iv) it does not appear from Figs. 2-3 that the support bracket 40 is welded to the impact beam 34.
In ¶ 0026, at l. 8, “the aperture 50 and aperture 52” should read “apertures (not shown)”.
In ¶ 0027, at ll. 6-7, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0028, the recited tow hook movement “in a direction opposite to the towing direction” (l. 5) is inaccurate. See the explanation above.
In ¶ 0028, at l. 8, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0029, at ll. 1-2, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0029, at ll. 8-9, “fasteners 62, 64 are attached to the mounting end 46 of the tow hook 38” is inaccurate. The fasteners 62, 64 are attached to the tow hook 38 at or near the towing end 44.
In ¶ 0029, the recited tow hook movement “in the direction opposite to the towing direction” (ll. 10-11) is inaccurate. See the explanation above.
In ¶ 0030, at l. 1, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0030, at ll. 2 and 10, “apertures 50, 52” should read “apertures (not shown)”.
In ¶ 0030, at l. 11, “disposed is between the apertures 50 and 52” should read “is disposed between the apertures (not shown)”.
In ¶ 0030, at l. 12, “the 50 toward” should read “the aperture (not shown) positioned nearest”.
In ¶ 0031, at ll. 4 and 5, “aperture 80” should read “aperture 48”.
In ¶ 0031, “The aperture 80 is sized to receive the mounting end 46 therethrough while allowing the mounting end 46 to retract therein during a crash event” (5th-6th lines) is not correct. It is inaccurate to state that the aperture 48 (see amended Fig. 2) allows the mounting end 46 of the tow hook 38 “to retract therein during a crash event”. As shown in Fig. 2, the actual end of the tow hook 38 (which receives the fastener 42) does not extend through the aperture 48 in the mounting bracket 46. Rather, some intermediate portion of the tow hook 38 extends through the aperture 48. While the mounting end of the tow hook 38 may be inserted through the aperture 48 during assembly,4 it does not extend through the aperture 48 in its assembled condition. Thus, the mounting end of the tow hook 38 does not retract within the aperture 48 during a crash event.
In ¶ 0031, at l. 8, “support 20” should read “support 20A”.
In ¶ 0032, at l. 2, “the aperture 50” should read “one of the apertures (not shown)”.
In ¶ 0032, at l. 3, “40C that has the second aperture 52” should read “40C has another one of the apertures (not shown)”.
In ¶ 0032, at l. 5, “second portion 40C” should read “third portion 40C”.
In ¶ 0032, at ll. 10-11, “aperture 50, 52” should read “apertures (not shown)”.
In ¶ 0033, the recited tow hook movement “in a direction opposite to the towing direction A” (ll. 1-2) and “in the direction opposite the towing direction A” (ll. 4-5) is inaccurate. See the explanation above.
In ¶ 0033, at l. 3, “tow hook assembly 30” should read “tow hook assembly 30A”.
In ¶ 0034, at l. 2, “material of that” should read “materials that”.
Drawing Objections
The drawings are objected to under 37 CFR 1.83(a) for failing to show every feature of the invention specified in the claims. Specifically, the alternate embodiment described in ¶ 35 and recited in claim 11 is not shown in the drawings. These features must be shown in the drawings or canceled from the claims. No new matter should be entered.
The drawings are also objected to because:
Reference number 4 (see ¶ 0024) does not appear in the drawings. Pursuant to 37 CFR 1.84(p)(5), reference characters mentioned in the description must appear in the drawings.
Reference number 18 (see, for example, ¶ 0017) does not appear in the drawings. Pursuant to 37 CFR 1.84(p)(5), reference characters mentioned in the description must appear in the drawings.
Fig. 1 improperly uses reference number 20 to label what appears to be the longitudinal support members 18 (see, for example, ¶¶ 0017, 0021).
Fig. 1 includes reference numbers 20A and 20B, but these reference numbers do not appear in the specification. Pursuant to 37 CFR 1.84(p)(5), reference characters not mentioned in the description shall not appear in the drawings.
Fig. 1 improperly uses the reference number 26 to label both the low voltage battery and the electrical components. See ¶¶ 0019-0020 of the specification. Pursuant to 37 CFR 1.84(p)(4), the same reference character must never be used to designate different parts.
Fig. 2 includes reference number 46, but its lead line is not directed to the corresponding end of the tow hook 38, i.e., to the end receiving the fastener 42 (see ¶¶ 0025-0026, 0028-0032). Instead, the lead line for reference number 46 is directed to some intermediate portion of the tow hook located closer to its rear end than to its front end. Thus, Fig. 2 fails to comply with 37 CFR 1.84(q).
Fig. 2 includes reference numbers 50, 52, but their lead lines are not directed to the corresponding apertures (see ¶¶ 0026, 0030, 0032). The apertures in the support bracket 40 are not visible in Fig. 2.
Fig. 3 includes reference number 46, but its lead line is not directed to the corresponding end of the tow hook 38, i.e., to the end receiving the fastener 42 (see ¶¶ 0025-0026, 0028-0032). Instead, the lead line for reference number 46 is directed to some intermediate portion of the tow hook. Thus, Fig. 3 fails to comply with 37 CFR 1.84(q).
Fig. 3 includes reference numbers 50, 52, but their lead lines are not directed to the corresponding apertures (see ¶¶ 0026, 0030, 0032). The apertures in the support bracket 40 are not visible in Fig. 3. Further, the lead line for reference number 50 is not directed to any portion of the support bracket 40.
Reference number 48 (see ¶ 0026) does not appear in the drawings. Pursuant to 37 CFR 1.84(p)(5), reference characters mentioned in the description must appear in the drawings.
The objection to the drawings will not be held in abeyance.
AIA – First to File
The present reissue application contains claims to a claimed invention having an effective filing date on or after March 16, 2013. Accordingly, this application is being examined under the AIA first to file provisions.
Listing of Prior Art
The following is a listing of the prior art cited in this Office action together with the shorthand reference for each document (listed alphabetically):
“Barutello”
EP Publication No. 3 868 580 A1
“Frisch”
US Publication No. 2020/0317009 A1
“Kari et al.”
US Publication No. 2024/0208286 A1
“Ladzinski et al.”
US Patent No. 8,246,069 B2
“Lenzen, Jr. et al.”
US Patent No. 6,896,281 B2
“Watson et al.”
US Publication No. 2024/0286446 A1
Pertinent Prior Art
The prior art listed above is considered pertinent to the claimed invention but is not relied upon to reject any claim.
Frisch teaches a tow hook assembly comprising: a mounting bracket 4 configured to support a towing end 3.2 of a tow hook 3, with the towing end 3.2 extending through a portion 4.2 of the mounting bracket 4; a support bracket 5 having apertures 5.2, with a mounting end 3.1 of the tow hook 3 extending through the apertures 5.2; and a preloading nut 23 attached to the mounting end 3.1, with the nut 23 resisting movement of the tow hook 3 relative to the support bracket 5 in a towing direction while allowing movement of the tow hook 3 relative to the support bracket 5 in a direction opposite to the towing direction. See Figs. 4-5.
Ladzinski et al. teaches a tow hook assembly comprising: a mounting bracket 10 configured to support a towing end 18 of a tow hook 8; a support bracket 6 having apertures 22, 24, with a mounting end 20 of the tow hook 8 extending through the apertures 22, 24; and a fastener 12 attached to the mounting end 20, with the fastener 12 resisting movement of the tow hook 8 relative to the support bracket 6 in a towing direction while allowing movement of the tow hook 8 relative to the support bracket 6 in a direction opposite to the towing direction. See Figs. 1-3.
Barutello teaches a tow hook assembly comprising: a mounting bracket 46 configured to support a towing end 8 of a tow hook 6; a support structure 3 having an aperture 11, with a mounting end 10 of the tow hook 6 extending through the aperture 11; and a fastener 38 attached to the mounting end 10, with the fastener 38 resisting movement of the tow hook 6 relative to the support structure 3 in a towing direction while allowing movement of the tow hook 6 relative to the support structure 3 in a direction opposite to the towing direction. See Figs. 1-4.
Kari et al. teaches a tow hook assembly comprising: a mounting bracket 62 configured to support a towing end of a tow hook 10; and support brackets 64, 66 having slots 54, 56 receiving a fastener 14 that extends through a mounting end of the tow hook 10, with the fastener 14 resisting movement of the tow hook 10 relative to the support brackets 64, 66 in a towing direction while allowing movement of the tow hook relative to the support brackets in a direction opposite to the towing direction. See Figs. 1-14.
Lenzen, Jr. et al. teaches a tow hook assembly comprising: a mounting bracket 29 configured to support a towing end 24 of a tow hook 22; a support tube 32 receiving a mounting end 26 of the tow hook 22, with a fastener (not shown) extending through the support tube 32, and with the support tube 32 and its fastener resisting movement of the tow hook 22 in a towing direction while allowing movement of the tow hook in a direction opposite to the towing direction. See Figs. 1-4. As can be seen from Fig. 3, the mounting end 26 extends in a direction forming an angle not coincident with the towing direction.
Watson et al. teaches a tow hook assembly comprising: a mounting bracket 146 configured to support a towing end 164 of a tow hook 144; a support bracket 148 having an aperture 238; and a fastener 154 extending through the aperture 238, with a mounting end 166 of the tow hook 144 received over the fastener 154 such that the fastener 154 resists movement of the tow hook 144 relative to the support bracket 148 in a towing direction while allowing movement of the tow hook relative to the support bracket in a direction opposite to the towing direction. See Figs. 1-8.
Allowable Subject Matter
While subject to rejection (see above), claim 1 is considered to recite allowable subject matter because the prior art of record fails to teach a tow hook assembly including the specific combination of features recited in claim 1 and specifically including: the mounting end extending through the support bracket in a direction forming an angle not coincident with the towing direction; and the mounting bracket comprising an angled portion having an aperture therethrough, with the mounting end (or an intermediate portion of the tow hook) extending through the aperture.
Response to Arguments
Applicant’s arguments filed on February 18, 2026 have been considered.
Applicant argues that the proposed substitute specification and replacement drawing sheets overcome the objections to the specification and drawings. The examiner disagrees for the reasons given above. Neither the replacement drawing sheets nor applicant’s arguments address the drawing objection under 37 CFR 1.83(a).
With respect to the objection to Figs. 2 and 3 of the drawings and the rejection of claim 1 under 35 USC 112(b), applicant argues that the entire elongated structure including the terminal end of the tow hook assembly can be considered the “mounting end”. The examiner disagrees. When an entire elongated structure has a terminal end located at the end of the rest of the structure, the entirety of the structure cannot be accurately characterized as being the “end”. Such an interpretation directly contradicts the ordinary meaning of the word “end” and would, thus, create confusion as to what is being described/defined. In addition, the original disclosure fails to provide a lexicographic definition of the term “mounting end” that supports applicant’s position. Absent an explicit definition that is opposed to the ordinary meaning, the term “mounting end” must be interpreted according to its ordinary meaning. As noted above, the verb “passed” is in the past tense in ¶ 0026, which supports the examiner’s interpretation that the mounting end passes through the aperture in the mounting bracket 36 only during assembly and not in its final assembled condition.
Final Action
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).
Response Period
A shortened statutory period for response is set to expire THREE MONTHS from the mailing date of this action.
Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
Filing and Contact Information
All correspondence relating to this application should be directed:
By Patent Center5: Registered users may submit via the Patent Center at: https://patentcenter.uspto.gov/
By Mail6 to: Commissioner for Patents
United States Patent & Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
By FAX to: (571) 273-8300
By hand: Customer Service Window
Knox Building
501 Dulany Street
Alexandria, VA 22314
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter English whose telephone number is (571)272-6671. The examiner can normally be reached on Monday-Thursday (8:00 am - 6:00 pm EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s the examiner’s supervisor, Eileen Lillis, can be reached at 571-272-6928.
/PETER C ENGLISH/Primary Examiner, Art Unit 3993
1 Note that the verb “passed” is in the past tense in ¶ 0026.
2 Note that the verb “passed” is in the past tense in ¶ 0026.
3 Note that the verb “passed” is in the past tense in ¶ 0026.
4 Note that the verb “passed” is in the past tense in ¶ 0026.
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6 Mail Stop REISSUE should only be used for the initial filing of reissue applications, and should not be used for any subsequently filed correspondence in reissue applications. See MPEP 1410.