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 § 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) 14-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nilvius (US 11,203,302).
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; and col. 3, ll. 3-5 - hydraulics inherently dampen as claimed) configured to at least partially decelerate or limit a movement speed of the first coupling portion upon moving the first coupling portion to 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 col. 3, ll. 3-5), 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 urges the first coupling portion with respect to the second coupling portion at least in an extension direction of the first coupling portion. See Figs. 1-3.
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 col. 3, ll. 3-5.
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 configured to at least partially decelerate or limit a movement speed of the first coupling portion upon moving the first coupling portion to the extended position. See Figs. 1-4 and col. 3, ll. 3-5.
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 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.
Response to Arguments
Applicant's arguments filed 3/12/2026 have been fully considered but 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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