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 abstract of the disclosure is objected to because the phrase “TAILGATE ADJUSTMENT STRAP” is not defined. 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).
The disclosure is objected to because of the following informalities:
In paragraph 0019, line 1, “a striker connector” limitation is defined. In subsequent paragraphs, it seems that this limitation is referred to as “a strike connector”. For purposes of further examination, the limitation will be interpreted as --a striker connector--, as this phrasing is also recited in the claims.
In paragraph 0027, lines 2-3, “ a [striker] connector 140 that is configured to removable secure the cam buckle 130” seems to be directed to state --a [striker] connector 140 that is configured to removably secure the cam buckle 130--.
In paragraph 0029, lines 1-2, Fig. 3 does not appear to show an environmental perspective view of the tailgate adjustment strap in use with a tailgate of a truck.
In paragraph 0033, line 1, “second adjustment strap 200 may a base belt 210” seems to be directed to state --second adjustment strap 200 may include a base belt 210--.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “236” has been used to designate both “the striker” and “a disc” (paragraph 0039). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: 200 (paragraph 0032), 236 (paragraph 0038). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2-20 are objected to because of the following informalities:
In claims 2-20, line 1, “Claim” seems to be directed to state --claim--.
In claim 2, line 2, “the group” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --a group--.
In claim 5, line 2, “the tailgate” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --a tailgate--.
In claim 13, lines 1-2, “the striker connector that is configured to removable secure the cam buckle” seems to be directed to state --the striker connector that is configured to removably secure the cam buckle--.
In claim 13, lines 2-3, “the rear portion” does not provide proper antecedent basis in the claims. For purposes of further examination, this language will be interpreted as --a rear portion--.
Appropriate correction is required.
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.
Claims 1-5, 7-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cauley et al. US 20140028046 A1, in view of Candela US 11577103 B1.
Regarding claim 1, Cauley et al. disclose a tailgate adjustment strap (7; Fig. 10), comprising:
a base belt having a first end and a second end (see annotated Fig. 2); and
a tailgate latch connector attached to the first end of the base belt (see annotated Fig. 2).
Cauley et al. do not disclose a cam buckle slidably disposed along a length of the base belt.
However, Candela discloses a cam buckle (Candela 150) that is connected to strap members of adjustable lengths (Candela 120/130) (Candela Fig. 1; Candela col. 4, lines 30-36).
Therefore, it 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 to provide the tailgate adjustment strap of Cauley et al. with the cam buckle as taught by Candela with a reasonable expectation of success with the advantage of reducing weight in the structure (Candela col. 4, lines 57-59).
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Regarding claim 2, Cauley et al. disclose that the base belt is made of a material selected from [a group] consisting of metal, plastic, or fabric (paragraph 0001).
Regarding claim 3, Cauley et al. disclose the tailgate latch connector is adapted to be removably secured to a tailgate latch of a truck (paragraph 0003 and claim 1).
Regarding claim 4, Cauley et al. do not disclose that the tailgate latch connector is secured to the base belt via a loop sewn into the first end of the base belt.
However, Candela discloses a clasp attached to the first end (Candela 322) of a strap (Candela 320) by a loop (Candela 3222) secured together by stitches (Candela 3224) (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate latch connector of Cauley et al. with the loop securements as taught by Candela with a reasonable expectation of success to ensure that the belt does not continuously slide through the tailgate latch connector during vehicle motion, thus increasing stability in the adjustment strap structure.
Regarding claim 5, Cauley et al. disclose that the tailgate latch connector (8) is adapted to be secured to the tailgate latch (4) disposed on a side edge of [a tailgate] (2) (Fig. 10; claim 1).
Regarding claim 7, Cauley et al. do not disclose that the tailgate latch connector is secured to the base belt via a loop sewn into the first end of the base belt directly into an extension from the tailgate latch connector that receives the loop.
However, in addition to what Candela discloses regarding claim 4, Candela also discloses that this structure is directly connected to an extension from the tailgate latch connector (Candela 148) that receives the loop (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate latch connector of Cauley et al. with the latch connector extension as taught by Candela with a reasonable expectation of success with the advantage of creating additional security and fittings between different structural components as understood by one of ordinary skill in the art.
Regarding claim 8, Cauley et al. do not disclose that the cam buckle is secured to the second end of the base belt with a buckle loop disposed on an end of the cam buckle.
However, Candela discloses a cam buckle (Candela 150) that is secured to the second end (Candela 334) of the base belt (Candela 330) and includes a buckle loop (Candela 154) on its end (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate adjustment strap of Cauley et al. with a cam buckle and its features as taught by Candela with a reasonable expectation of success for the advantage of maintaining similar adjustability characteristics of a ratcheting mechanism (as disclosed by Cauley et al.) as well as incorporating the lesser weight of a cam buckle instead, as what was previously discussed regarding claim 1. The additional feature of a buckle loop in a cam buckle is understood by one of ordinary skill in the art.
Regarding claim 9, Cauley et al. disclose a ratcheting mechanism that secures a striker (5) to the side panel of a truck bed (3) via a belt (Fig. 10; claim 1). Cauley et al. do not disclose a cam buckle.
However, Candela discloses a cam buckle (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate adjustment strap of Cauley et al. with the cam buckle as taught by Candela with a reasonable expectation of success for the advantage of maintaining similar adjustability characteristics of a ratcheting mechanism (as disclosed by Cauley et al.) as well as incorporating the lesser weight of a cam buckle, as what was previously discussed regarding claim 1, and to yield predictable results of securing a striker to the side panel of a truck bed. This claim is interpreted as the cam buckle secures a striker on a side panel of a truck bed via a belt that connects all the structural components together.
Regarding claim 10, Cauley et al. disclose that the ratcheting mechanism and the base belt are adapted to be effectively secured to an inner side panel of the truck bed and will remain so during transport (Fig. 10; claim 1). Cauley et al. do not disclose a cam buckle.
However, Candela discloses a cam buckle connected to a belt (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate adjustment strap of Cauley et al. with a cam buckle connected to a belt as taught by Candela with a reasonable expectation of success for the advantage of maintaining similar adjustability characteristics of a ratcheting mechanism (as disclosed by Cauley et al.) as well as incorporating the lesser weight of a cam buckle, as what was previously discussed regarding claim 1, and to yield predictable results of securing the combined structure to an inner side panel of a truck bed.
Regarding claim 11, Cauley et al. do not disclose that the second end of the base belt includes a loop that is extended through the buckle loop.
However, Candela discloses the second end of the base belt that includes a loop that extends through the buckle loop (see annotated Candela Fig. 9C).
Therefore, it 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 to provide the tailgate adjustment strap of Cauley et al. with the belt configuration as taught by Candela with a reasonable expectation of success for the advantage of belt length adjustability and how it connects to a cam buckle as understood by one of ordinary skill in the art. An analysis on the belt and buckle loop components were previously discussed regarding claim 8.
Regarding claim 12, Cauley et al. disclose a striker connector permanently attached to a ratcheting mechanism via a belt (see annotated Fig. 2; claim 2). Cauley et al. do not disclose a cam buckle.
However, Candela discloses a cam buckle that is permanently attached to a belt (Candela claim 2).
Therefore, it 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 to provide the striker connector and attachment to the adjustable mechanism of Cauley et al. with the cam buckle as taught by Candela with a reasonable expectation of success for the advantage of reducing weight in the structure, as discussed in claim 1. It should be noted that the applicant defines the connectivity between the striker connector and cam buckle “may be welded to or otherwise permanently attached” (paragraph 0027). The claim is being interpreted as the striker connector and cam buckle being indefinitely attached via a belt and in that they are not intended to be detached therefrom during normal use.
Regarding claim 13, Cauley et al. disclose a ratcheting mechanism that includes a striker connector that is configured to [removably] secure itself to the striker on [a rear portion] of the side panel of the truck bed (Fig. 10; claim 4). Cauley et al. do not disclose a cam buckle.
However, Candela discloses a cam buckle (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate adjustment strap of Cauley et al. with the cam buckle of Candela with a reasonable expectation of success for the advantage of reducing weight in the structure, as discussed in claim 1. The claim is interpreted as the cam buckle includes the striker connector to function as an adjustor along the belt, where the striker connector is naturally removably secured to the striker during use.
Regarding claim 14, Cauley et al. disclose that the striker connector extends outwardly from one end of the ratcheting mechanism (see annotated Fig. 2). Cauley et al. do not disclose a cam buckle.
However, Candela discloses a cam buckle (Candela Fig. 9B).
Therefore, it 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 to provide the tailgate adjustment strap as taught by Cauley et al. with the cam buckle as taught by Candela with a reasonable expectation of success for the advantage of reducing weight in the structure, as discussed in claim 1. The claim is being interpreted as the striker connector extends outwardly from one end of the cam buckle by way of their connections to the belt (see annotated Fig. 2).
Regarding claim 15, Cauley et al. disclose that the striker connector includes a plate having a central aperture (9) which varies in diameter (see annotated Fig. 2).
Regarding claim 16, Cauley et al. disclose that the central aperture receives the striker (5) (Fig. 10; claim 1).
Regarding claim 18, Cauley et al. disclose that the striker connector is slid downward so the central aperture receives the striker (claim 4).
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Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cauley et al. US 20140028046 A1 and Candela US 11577103 B1, in view of Young et al. US 20020067036 A1.
Regarding claim 6, Cauley et al. disclose that the tailgate latch connector includes an aperture that is sized and configured to receive the tailgate latch (see annotated Fig. 2; claim 1). Cauley et al. do not disclose that the tailgate latch connector includes a pair of side plates connected via a small cylinder at their distal ends.
However, Young et al. disclose this limitation as a connector that includes side plates (Young et al. 42) connected by a pivot pin (Young et al. 66) (see annotated Young et al. Fig. 9).
Therefore, it 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 to provide the tailgate latch connecter of Cauley et al. with the additional features as taught by Young et al. with a reasonable expectation of success for the advantage of optimized component functionality as understood by one of ordinary skill in the art. While the cylinder allows for the belt to pass through the tailgate latch connector more smoothly, the side plates ensure that the belt does not twist during length adjustments.
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Claims 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cauley et al. US 20140028046 A1 and Candela US 11577103 B1, in view of Rosales US 20220154514 A1, and further in view of Stojkovic et al. US 9944333 B1.
Regarding claim 17, Cauley et al. do not disclose that the striker is an elongated rod extending inwardly toward a middle of the truck bed from its attachment point to the inner side panel of the truck bed.
However, Rosales discloses these limitations (Rosales 38; see annotated Rosales Fig. 1; Rosales paragraph 0020).
Therefore, it 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 to provide the tailgate adjustment strap and striker of Cauley et al. with the striker features as taught by Rosales with a reasonable expectation of success to yield predictable results of imparting a more detailed structure of the striker and its orientation.
Regarding claim 19, Cauley et al., in view of Rosales, disclose that the central aperture is secured to the striker (Cauley et al. Fig. 10; Cauley et al. claim 1). Cauley et al., in view of Rosales, do not disclose that a disc is disposed on an end of the striker.
Regarding claim 20, Cauley et al., in view of Rosales, disclose that a user slides the striker connector over the striker (Cauley et al. claim 4). Cauley et al., in view of Rosales, do not disclose the disc.
However, Stojkovic et al. disclose a striker with a disc of a larger diameter than that of the elongated rod (Stojkovic et al. 38; see annotated Stojkovic et al. Fig. 1).
Therefore, it 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 to provide the striker of Cauley et al., in view of Rosales, with the disc as taught by Stojkovic et al. with a reasonable expectation of success to yield predictable results of securing a striker connector to a striker. The central aperture contains smaller and larger diameter portions (see annotated Cauley et al. Fig. 2). It is known by one of ordinary skill in the art that in order for an aperture to secure itself to a disc striker, the larger diameter portion of the aperture must be greater than the disc diameter. Additionally, the smaller diameter portion of the aperture must be smaller than the disc diameter. If the disc did not have a greater diameter than the smaller diameter portion of the aperture, securement between components could not occur.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cauley et al. US 20140028046 A1 disclose a tailgate adjustable EX support and stable cable systems. See annotated Cauley et al. Fig. 2.
Candela US 11577103 B1 discloses a firefighter rescue system. See annotated Candela Fig. 9C.
Young et al. US 20020067036 A1 disclose a ski pole grip and strap system. See annotated Young et al. Fig. 9.
Rosales US 20220154514 A1 discloses a single drive system for driving multiple driven assemblies. See annotated Rosales Fig. 1.
Stojkovic et al. US 9944333 B1 disclose a tailgate storage compartment. See annotated Stojkovic et al. Fig. 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM.
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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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/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612