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 the first paragraph 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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 28 and 29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In claim 28, “the damper [] configured to apply a greater force opposing vibration of the coupling portion when the coupling portion is disposed in the second region relative to when the coupling portion is disposed in the first region” is new matter.
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.
Claim(s) 14-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nilvius (WO 2019238802).
Regarding claim 14, Nilvius discloses a tilting mechanism (Fig. 1) for a load carrier, the tilting mechanism configured to assist a tilting movement of a movable portion (1) of the load carrier into a non-use position, the tilting mechanism comprising: a first coupling portion (29) configured to be coupled to the movable portion of the load carrier and movable between a retracted position and an extended position; and a damping mechanism (Fig. 2, pg. 5, ll. 11-27; pg. 4, ll. 26-30 – pulley system; pg. 4, ll. 8-9 - electrical lifter or hydraulics) configured to limit a movement of the first coupling portion in response to the first coupling portion being disposed in the extended position. See Figs. 1-4.
Regarding claim 15, a second coupling portion (28) is configured to be coupled to a stationary portion (3) of the load carrier and operatively coupled to the first coupling portion by an operative coupling (15), wherein the first coupling portion is movable with respect to the second coupling portion along a path having a translatory directional component or a rotatory directional component. See Figs. 1-4.
Regarding claim 16, the damping mechanism is configured to act on the operative coupling between the first coupling portion and the second coupling portion, and wherein the damping mechanism provides a resistance against the movement of the first coupling portion with respect to the second coupling portion during the movement of the first coupling portion in an extension direction. See Figs. 1-4; and col. 3, ll. 3-5.
Regarding claim 17, Nilvius discloses an urging mechanism (31 or pg. 5, ll. 11-27; pg. 4, ll. 26-30 – pulley system; pg. 4, ll. 8-9 - electrical lifter or hydraulics)), wherein the urging mechanism acts on the operative coupling between the first coupling portion and the second coupling portion such that it at least partially applies a force which can urge the first coupling portion with respect to the second coupling portion at least in an extension direction of the first coupling portion. See Figs. 1-4.
Regarding claim 18, the damping mechanism is operatively coupled to the urging mechanism and configured to at least partially decelerate or limit a movement speed of the urging mechanism. See Figs. 1-3; or pg. 5, ll. 11-27; pg. 4, ll. 26-30 – pulley system; pg. 4, ll. 8-9 - electrical lifter or hydraulics.
Regarding claim 19, a hinge mechanism (at 5) defining the operative coupling, the hinge mechanism comprising a first link member (at 29) coupled to a second link member (at 28), wherein the first link member and the second link member are pivotable about a pivot axis, wherein the second link member is movable relative to the first link member between a retracted position and an extended position, and wherein the first coupling portion is provided on the second link member and the second coupling portion is provided on the first link member. See Figs. 1-4.
Regarding claim 20, the damping mechanism is operatively coupled to the first link member and the second link member. See Figs. 1-4.
Regarding claim 21, the damping mechanism comprises a linear damper (at 31) operatively coupled to the first link member at a first coupling section of the first link member and operatively coupled to the second link member at a second coupling section of the second link member. See Figs. 1-4.
Regarding claim 22, the damping mechanism comprises: a rotary damper (at 18) having a housing operatively coupled to one of the first link member or the second link member; and a rotary shaft (at 28a) operatively coupled to the other one of the second link member and the first link member. See Fig. 2.
Regarding claim 23, Nilvius discloses a lid lifter for a load carrier, the lid lifter configured to couple a lid of the load carrier to a base portion of the load carrier, the lid lifter comprising: a tilting mechanism configured to assist a tilting movement of the lid into a non-use position, the tilting mechanism comprising: a first coupling portion pivotably couplable to the lid of the load carrier and movable between a retracted position and an extended position, and a damping mechanism capable of being configured to oppose vibration of the first coupling portion in response to the first coupling portion being disposed in the extended position. See Figs. 1-4; and pg. 5, ll. 11-27; pg. 4, ll. 26-30 – pulley system; pg. 4, ll. 8-9 - electrical lifter or hydraulics.
Regarding claim 24, Nilvius discloses a cargo box mountable on a vehicle, the cargo box comprising: a base portion configured to support goods to be transported; an openable and closeable lid pivotably mounted on the base portion; and the lid lifter of claim 23, wherein the lid lifter is coupled to the lid by the first coupling portion and coupled to the base portion by the second coupling portion. See Figs. 1-4.
Regarding claim 25, the cargo box is configured to be collapsible, insofar as claimed and described. See Figs. 1-4.
Regarding claim 26, Nilvius discloses a load carrier for a vehicle comprising: a base configured to be coupled to the vehicle; a movable portion pivotably coupled to the base, wherein the movable portion is movable between a use configuration in which the movable portion is folded onto the base and a non-use configuration in which the movable portion is tilted with respect to the base; and the tilting mechanism of claim 14, wherein the first coupling portion is coupled to the movable portion. See Figs. 1-4.
Regarding claim 27, Nilvius discloses a load carrier, comprising: a lid (2) pivotably coupled to a base (3) and configurable in a closed position and an open position; a tilting mechanism (Fig. 3) coupled to the lid, the tilting mechanism comprising: a coupling portion (11) coupled to the lid and movable between a retracted position and an extended position; and a damper (Fig. 3, pg. 5, ll. 11-27; pg. 4, ll. 26-30 – pulley system; pg. 4, ll. 8-9 - electrical lifter or hydraulics) capable of being configured to oppose vibration of the coupling portion when the coupling portion moves toward the extended position. See Figs. 1-4.
Regarding claim 28, the coupling portion is configured to extend along a movement path comprising a first region and a second region, wherein the lid is closer to the open position than the closed position when the coupling portion is disposed along the second region, and wherein the damper is capable of being configured to apply a greater force opposing vibration of the coupling portion when the coupling portion is disposed in the second region relative to when the coupling portion is disposed in the first region. See Figs. 1-4; pg. 5, ll. 11-27; pg. 4, ll. 26-30 – pulley system; pg. 4, ll. 8-9.
Regarding claim 29, the damper only acts on the coupling portion when the coupling portion is disposed in the second region of the movement path. See pg. 5, ll. 11-27; pg. 4, ll. 26-30.
Second Rejection
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.
Claim(s) 14-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schnell (EP2251514).
Regarding claim 14, Schnell discloses a tilting mechanism (Fig. 1) for a load carrier, the tilting mechanism configured to assist a tilting movement of a movable portion of the load carrier into a non-use position, the tilting mechanism comprising: a first coupling portion (21) configured to be coupled to the movable portion of the load carrier and movable between a retracted position (Fig. 1b) and an extended position (Fig. 1a); and a damping mechanism (10) configured to limit a movement of the first coupling portion in response to the first coupling portion being disposed in the extended position. See Figs. 1-4.
Regarding claim 15, a second coupling portion (3) is configured to be coupled to a stationary portion of the load carrier and operatively coupled to the first coupling portion by an operative coupling (7), wherein the first coupling portion is movable with respect to the second coupling portion along a path having a translatory directional component or a rotatory directional component. See Figs. 1-4.
Regarding claim 16, the damping mechanism is configured to act on the operative coupling between the first coupling portion and the second coupling portion, and wherein the damping mechanism provides a resistance against the movement of the first coupling portion with respect to the second coupling portion during the movement of the first coupling portion in an extension direction. See Figs. 1-4.
Regarding claim 17, Muller discloses an urging mechanism (15) wherein the urging mechanism acts on the operative coupling between the first coupling portion and the second coupling portion such that it at least partially applies a force which can urge the first coupling portion with respect to the second coupling portion at least in an extension direction of the first coupling portion. See Figs. 1-4.
Regarding claim 18, the damping mechanism is operatively coupled to the urging mechanism and configured to at least partially decelerate or limit a movement speed of the urging mechanism. See Figs. 1-4.
Regarding claim 19, a hinge mechanism (S1) defining the operative coupling, the hinge mechanism comprising a first link member (at 2) coupled to a second link member (at 7), wherein the first link member and the second link member are pivotable about a pivot axis, wherein the second link member is movable relative to the first link member between a retracted position and an extended position, and wherein the first coupling portion is provided on the second link member and the second coupling portion is provided on the first link member. See Figs. 1-4.
Regarding claim 20, the damping mechanism is operatively coupled to the first link member and the second link member. See Figs. 1-4.
Regarding claim 21, the damping mechanism comprises a linear damper (at 10) operatively coupled to the first link member at a first coupling section of the first link member and operatively coupled to the second link member at a second coupling section of the second link member. See Figs. 1-4.
Regarding claim 22, the damping mechanism comprises: a rotary damper (at 19) having a housing operatively coupled to one of the first link member or the second link member; and a rotary shaft (at 28a) operatively coupled to the other one of the second link member and the first link member. See Fig. 3.
Regarding claim 23, Schnell discloses a lid lifter for a load carrier, the lid lifter configured to couple a lid of the load carrier to a base portion of the load carrier, the lid lifter comprising: a tilting mechanism configured to assist a tilting movement of the lid into a non-use position, the tilting mechanism comprising: a first coupling portion pivotably couplable to the lid of the load carrier and movable between a retracted position and an extended position, and a damping mechanism capable of being configured to oppose vibration of the first coupling portion in response to the first coupling portion being disposed in the extended position. See Figs. 1-4.
Regarding claim 24, Schnell discloses a cargo box mountable on a vehicle, the cargo box comprising: a base portion configured to support goods to be transported; an openable and closeable lid pivotably mounted on the base portion; and the lid lifter of claim 23, wherein the lid lifter is coupled to the lid by the first coupling portion and coupled to the base portion by the second coupling portion. See Figs. 1-4.
Regarding claim 25, the cargo box is configured to be collapsible, insofar as claimed and described. See Figs. 1-4.
Regarding claim 26, Schnell discloses a load carrier for a vehicle comprising: a base configured to be coupled to the vehicle; a movable portion pivotably coupled to the base, wherein the movable portion is movable between a use configuration in which the movable portion is folded onto the base and a non-use configuration in which the movable portion is tilted with respect to the base; and the tilting mechanism of claim 14, wherein the first coupling portion is coupled to the movable portion. See Figs. 1-4.
Regarding claim 27, Schnell discloses a load carrier, comprising: a lid (2) pivotably coupled to a base and configurable in a closed position and an open position; a tilting mechanism coupled to the lid, the tilting mechanism comprising: a coupling portion coupled to the lid and movable between a retracted position and an extended position; and a damper (10) capable of being configured to oppose vibration of the coupling portion when the coupling portion moves toward the extended position. See above, and Figs. 1-4.
Regarding claim 28, the coupling portion is configured to extend along a movement path comprising a first region and a second region, wherein the lid is closer to the open position than the closed position when the coupling portion is disposed along the second region, and wherein the damper is capable of being configured to apply a greater force opposing vibration of the coupling portion when the coupling portion is disposed in the second region relative to when the coupling portion is disposed in the first region. See Figs. 1-4.
Regarding claim 29, the damper only acts on the coupling portion when the coupling portion is disposed in the second region of the movement path. See Figs. 1-4.
Response to Arguments
Applicant’s arguments, filed 7/30/2026, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Nilvius (WO 2019238802) and Schnell (EP2251514).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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