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 disclosure is objected to because of the following informalities: “securement mechanism” in Paragraph [0019] is labeled as 14 and in Paragraph [0021] is labeled as 24.
Appropriate correction is required.
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:
The recitation in claim 4 of a stop “coupling” is not present in the specification.
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.
Claims 1-5 and 9-13 are rejected under 35 U.S.C. 102(a1) as being anticipated by Bernhardt (US 20150353147).
Regarding claim 1, and with reference to annotated Fig. 5 below, Bernhardt discloses a tailgate cable tensioner (26, Fig. 5; disclosed as a “spring clip” in Paragraph [0031], the third to last line) comprising: a body (as pointed out in annotated Fig. 5 below); a securement mechanism (34; Fig. 5; disclosed as a “base” in Paragraph [0040] line 2) for attaching and securing (see Paragraph [0040], lines 1-4) the body to a cable terminal (28; Fig. 5; disclosed as a cable “plate” in Paragraph [0034], lines 3-8; with a shaft 32 (Fig. 5)) of a cable (14; Fig. 1); a biasing member (36; Fig. 5; disclosed as a “hook” in Paragraph [0039], lines 1-3) for applying a force on a bolt (24; Fig. 9; disclosed as a “fastener” in Paragraph [0031], lines 8-9) retaining the cable terminal for taking sag out of the cable (as described on the last four lines of the abstract).
Regarding claim 2, Bernhardt teaches the securement mechanism (34, Fig. 5) snaps over the cable terminal (20, at “shaft” 32 Fig. 5)
Regarding claim 3, Bernhardt indicates the securement mechanism comprising a groove (38, Fig. 5) for receiving the cable terminal.
Regarding claim 4, Bernhardt teaches a stop coupling (46, 46e, Fig. 5) with the cable terminal retaining the body on the cable terminal.
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Regarding claim 5, Bernhardt teaches a biasing member is a spring (abstract line 1-2).
Regarding claim 9, and with reference to annotated Fig. 1 below, Bernhardt discloses a vehicle with a tailgate cable tensioner (10, Fig. 1; disclosed as a “truck box” in Paragraph [0028], lines 1-3) comprising: a vehicle having a drop down tailgate (12, Fig. 1; disclosed as “a tailgate”); a cable, with a terminal on at least one side of the tailgate between the tailgate and the vehicle body (16, Fig. 1; disclosed as “a sidewall”); with reference to annotated Fig. 5 above, Bernhardt discloses a tailgate cable tensioner (26, Fig. 5; disclosed as a “spring clip” in Paragraph [0031], the third to last line) comprising: a body (as pointed out in annotated Fig. 5 below); a securement mechanism (34; Fig. 5; disclosed as a “base” in Paragraph [0040] line 2) for attaching and securing (see Paragraph [0040], lines 1-4) the body to a cable terminal (28; Fig. 5; disclosed as a cable “plate” in Paragraph [0034], lines 3-8; with a shaft 32 (Fig. 5)) of a cable ( 14; Fig. 1); a biasing member (36; Fig. 5; disclosed as a “hook” in Paragraph [0039], lines 1-3) for applying a force on a bolt (24; Fig. 9; disclosed as a “fastener” in Paragraph [0031], lines 8-9) retaining the cable terminal for taking sag out of the cable (as described on the last four lines of the abstract).
Regarding claim 10, Bernhardt teaches the securement mechanism (34, Fig. 5) snaps over the cable terminal (20, at “shaft” 32 Fig. 5)
Regarding claim 11, Bernhardt indicates the securement mechanism comprising a groove (38, Fig. 5) for receiving the cable terminal.
Regarding claim 12, Bernhardt teaches a stop coupling (46, 46e, Fig. 5) with the cable terminal retaining the body on the cable terminal.
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Allowable Subject Matter
Claim 6-8 and 14-16 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: “leaf springs” in claims 6 and 14 are not taught in the prior art. For example, Bernhardt discloses cable tensioning device however not a pair of leaf springs. It would not be obvious to incorporate a pair of leaf springs at a desired angle and molded to the body. Claims 7 and 8 due to their dependency on claim 6 also contain allowable subject matter. As well as claims 15 and 16 due to their dependency on claim 14 also contain allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ousley, et al., US 20050212320 A1 discloses a cable assembly connected to a tailgate and sidewall of a vehicle (Fig. 1).
Rayburn US-20020070576-A1 discloses a tailgate lifting assembly supported using a biasing member to apply force and tension.
Bruford, et al., US-7229116-B1 discloses spring latch mechanism mounted to a tailgate structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alma D Schuster whose telephone number is (571)272-8938. The examiner can normally be reached Mon-Thurs 8:30am-6:30pm and Fri 7am-11am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R 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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/Alma D. Schuster/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612