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 § 103
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 of this title, 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.
Claim 1 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279).
As of Claim 1, Tan et al. discloses the assembly comprising. a vehicle structure(24); a handle(54), wherein the handle is selectively moveable along an axis between an extended position and a retracted position ; and an end effector(68, 70, 74, 76) at one end of the handle that has a contact surface that is non-parallel with the axis, paragraph 7 “In this embodiments, the present invention contemplates a tailgate assembly for use with a motor vehicle having a pair of spaced, generally vertical side walls and a generally horizontal bed extending therebetween”, paragraph 34 “The components that make up the tailgate frame 37 are formed do that a hollow internal cavity is created. Within the cavity, the supplemental tailgate 22 is retained. The supplemental tailgate incudes a handle, a movable frame portion and guide rails 58”, Support tubes 62 slides telescopically relative to the guide rails 58, between extended and retracted positions, paragraph 41 “The movable frame portion 56 also includes a cross-member assembly 68 that connects to the tops of the support tubes 62”.
Tan et al. does not explicitly disclose the assembly comprising a handle that is selectively removable from the vehicle structure.
Dylewski et al. disclose the assembly comprising a vehicle bed including elongated rod(312, 314) removable from the vehicle truck bed with side rails(109, 110) having a quick release attachment, see Figs 37- 39, paragraph 108 “In the embodiments shown, the prop rod is removable from the side frames on the cover walls and pivotable with respect to the cover”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) handle to be removable from the vehicle truck bed as taught by Dylewski et al. (US20230373279) to allow for removal of the handle and reattachment when needed.
Claim 2 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075).
As of Claim 2, Tan et al in view of Dylewski et al. discloses the assembly according to Claim 1.
Tan et al. discloses the assembly comprising end effector, see Fig 11.
Tan et al. in view of Dylewski et al. does not explicitly disclose the assembly wherein the end effector comprises a grasping element.
Gonzales et al. discloses the assembly comprising a hook(58) constituting a gripping structure for engaging items, Col 3 line 66 “A hook(58) is coupled to the handle(12) to gripple cargo in the pickup bed for pulling cargo out of the pickup bed”, Col 4 line 20 “In use, the push bar 24 is positioned in the stored position and the handle 12 is extended into the pickup bed to facilitate the hook 58 to grapple cargo in the pickup bed. In this way the cargo can be pulled toward a user without requiring the user to climb into the pickup bed”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with hook as taught by Gonzales et al.(US11597075) to enhance engagement and grasping of objects towards a user without requiring the user to climb into the pickup bed.
Claim 3 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 3, Tan et al in view of Dylewski et al. discloses the assembly according to Claim 1.
Tan et al. discloses the assembly comprising end effector, see Fig 11
Tan et al in view of Dylewski et al. does not explicitly disclose wherein the end effector is moveable relative to the handle between a stowed position and a deployed position.
Gonzales et al. discloses the assembly comprising of handle moveable between a stowed position and a deployed position, see Figs 1-6, ABSTRACT “A pick up bed tool assembly includes a handle which has a first portion that slidably engages a second portion such that the handle has a telescopically adjusted length. A push bar is pivotally coupled to the handle for pushing cargo into a pickup bed. The push bar is positionable in a deployed position or a stored position. A locking unit is movably coupled to the handle. The locking unit is actuable to disengage the push bar thereby facilitating the push bar to freely pivot on the handle. A hook is coupled to the handle to grapple cargo in the pickup bed for pulling the cargo out of the pickup bed”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with handle moveable between a stowed position and a deployed position and hook(grasping element) as taught by Gonzales et al.(US11597075) to enable the grasping element to be in stowed position and a deployed position, see MPEP 2143 Rationale A, with predictable result of enabling the end effector with grasping element to be stowed when not in use and deployed when in use.
Claim 4 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 4, Tan et al in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 3.
Tan et al in view of Dylewski et al. does not explicitly disclose, including a first lock feature that holds the end effector in the stowed position and a second lock feature that holds the end effector in the deployed position.
Gonzales discloses the assembly comprising of a locking unit(50) including first locks(52) and second locks(54). The first locks (52) engage the first aperture(32), where the push bar(24) is in the deployed situation. The second lock(54) engages the second aperture(34), where the push bar (24) is in the stowed situation. “Col 41 line 41-57 “The locking unit 50 comprises a pair of first locks 52 and each of the first locks 52 extends outwardly from the first portion 14 of the handle 12. Each of the first locks 52 is positioned adjacent to the first end 18 of the first portion 14 and each of the first locks 52 is biased to extend outwardly from the handle 12. Each of the first locks 52 engages the first aperture 32 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the deployed position. The locking unit 50 includes a pair of second locks 54 and each of the second locks 54 extends outwardly from the first portion 14 of the handle 12. The pair of second locks 54 is spaced along the handle 12 from the pair of first locks 52 and each of the second locks 54 is biased to extend outwardly from the handle 12. Additionally, each of the second locks 54 engages the second aperture 34 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the stored position”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with the first and second locking features as taught by Gonzales et al.(US11597075) to maintain the end effector in its stowed and deployed situation, see MPEP 2143 Rationale A, with predictable result of securing the end effector by lock features in either stowed and deployed position.
Claim 5 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 5, Tan et al in view of Dylewski et al. discloses the assembly according to Claim 1.
Tan et al in view of Dylewski et al. does not explicitly disclose, wherein the handle is comprised of a plurality of telescoping members.
Gonzales discloses the assembly, wherein the handle is comprised of a plurality of telescoping members, Col 2 line 46 “As best illustrated in FIGS. 1 through 7, the pickup bed tool assembly 10 generally comprises a handle 12 that has a first portion 14 which slidably engages a second portion 16 such that the handle 12 has a telescopically adjustable length. The first portion 14 has a first end 18 and the second portion 16 has a second end 20. A grip 22 is positioned around the handle 12 to enhance gripping the handle 12 and the grip 22 extends from the second end 20 of the second portion 16 toward the first portion 14. Moreover, the grip 22 is comprised of a resiliently compressible material such as foam rubber or the like".
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with telescoping members as taught by Gonzales et al.(US11597075) to allow adjustment of the length of the handle, hence extend the user reach of the item, see MPEP 2143 Rationale A, with predictable result of adjusting the length of the handle.
Claim 6 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 6, Tan et al., in view of Dylewski et al. discloses the assembly according to Claim 1.
Tan et al in view of Dylewski et al. does not explicitly disclose, wherein the handle is comprised of a plurality of nested tubes,
Gonzales discloses the assembly, wherein the handle is comprised of a plurality of nested tubes, see Fig 5, the portions are shown to be telescopically arranged corresponding to the plurality of nested tube configuration, Col 3 line 4 “The secondary portion 30 of each of the brackets 26 lies flat against the first portion 14 of the handle 12. Moreover, the secondary portion 30 of each of the brackets 26 is pivotally coupled to the first portion 14 of the handle 12 and the primary portion 28 of each of the brackets 26 is directed away from the first portion 14 in opposite directions from each other. The second portion 16 of each of the brackets 26 extends toward the second portion 16 of the handle 12 when the push bar 24 is in the stored position. Conversely, the second portion 16 of each of the brackets 26 extends beyond the first end 18 of the first portion 14 of the handle 12 when the push bar 24 is in a deployed position”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with plurality of nested tube as taught by Gonzales et al.(US11597075) to allow sliding of the handle to enable retraction and extension, see MPEP 2143 Rationale A, with predictable result of telescopically adjusting the handle to extend and retract.
Claim 7 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279)
As of Claim 7, Tan et al. in view of Dylewski et al. discloses the assembly according to Claim 1.
Tan et al further disclose the assembly, wherein the handle includes a release member to move the handle to the extended position, see Figs 6-10, paragraph 40 “Each of the latch housings 78 also includes a longitudinally extending slot 93, within which is mounted a respective one of two latch blades 87. Each latch blade 87 is biased into its corresponding slot 93 by a latch blade spring 95. The springs 95 cause retention tabs 96, protruding from the latch blades 87, to extend through corresponding holes 97 in the support tubes 62. Also, when aligned, the retention tabs 96 are biased by the springs 95 to extend through engagement slots 98 in the guide rails 58 and through engagement slots 61 in insert plates 59. The insert plates may be secured to their respective guide rails 58 by detent covers 57. The engagement slots 61 and 98 may be longer than the width of the corresponding retention tabs 96 and the insert plates 59 adjustable relative to their corresponding detent covers 57 in order to allow for small adjustments in the position of the support tubes 62 relative to the guide rails 58. This small adjustability may allow one to make sure that the top of the pivotable molding 54 is flush with the tops of the tailgate moldings 50, 52 when the supplemental tailgate 22 is in its stowed position. Each latch housing 78 also includes internal flanges 99, located within the slot 93, that engage with release ramps 100 on the latch blade 87”, paragraph 41 “The movable frame portion 56 also includes a cross member assembly 68 that connects to the tops of the support tubes 62. The cross member assembly 68 may also include a pair of cross members 69a and 69b, post brackets 71 and lock rod brackets 67 that form a support frame 70. The cross member assembly 68 also includes a pair of hollow tubes 72 and six pivot mounts 73 mounted on the support frame 70”.
See Justification in Claim 1.
Claim 8 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279)
As of Claim 8, Tan et al., in view of Dylewski et al. discloses the assembly according to Claim 1.
Tan et al further disclose the assembly, wherein the vehicle structure comprises a tailgate, see Figs 1-3, paragraph 32 “FIGS. 1-13 illustrate a tailgate 20 that mounts to a vehicle 24--preferably a pickup truck. The tailgate 20 includes a supplemental tailgate 22 mounted therein. The vehicle 24 includes a box 26 that is defined by a left rear quarter panel 28, which forms a first vertical surface of the box 26; a right rear quarter panel 30, which forms a second vertical surface of the box 28; a bed 32, which extends between the two panels 28, 30 to form a cargo floor; and the tailgate 20, which is pivotable between a generally vertical closed position and a generally horizontal open position”
See Justification in Claim 1.
Claim 9 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
Tan et al. discloses the assembly comprising a tailgate(20); a handle(54), wherein the handle(54) is selectively moveable along an axis between an extended position and a retracted position ; and an end effector(68, 70, 74, 76), paragraph 40 “Each of the latch housings 78 also includes a longitudinally extending slot 93, within which is mounted a respective one of two latch blades 87. Each latch blade 87 is biased into its corresponding slot 93 by a latch blade spring 95. The springs 95 cause retention tabs 96, protruding from the latch blades 87, to extend through corresponding holes 97 in the support tubes 62”.
Tan et al. does not explicitly disclose the assembly comprising a handle that is selectively removable from the tailgate; an end effector at one end of the handle that is selectively moveable between a stowed position and a deployed position.
Dylewski et al. disclose the assembly comprising a vehicle bed including elongated rod(312, 314) removable from the vehicle truck bed with side rails(109, 110) having a quick release attachment, see Figs 37- 39, paragraph 108 “In the embodiments shown, the prop rod is
Tan et al in view of Dylewski et al. does not explicitly disclose wherein the end effector is moveable relative to the handle between a stowed position and a deployed position.
Gonzales et al. discloses the assembly comprising of handle moveable between a stowed position and a deployed position, see Figs 1-6, ABSTRACT “A pick up bed tool assembly includes a handle which has a first portion that slidably engages a second portion such that the handle has a telescopically adjusted length. A push bar is pivotally coupled to the handle for pushing cargo into a pickup bed. The push bar is positionable in a deployed position or a stored position. A locking unit is movably coupled to the handle. The locking unit is actuable to disengage the push bar thereby facilitating the push bar to freely pivot on the handle. A hook is coupled to the handle to grapple cargo in the pickup bed for pulling the cargo out of the pickup bed”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with handle moveable between a stowed position and a deployed position as taught by Gonzales et al.(US11597075) to be removable from the tailgate(20), while retaining the extended and retracted position, see MPEP 2143 Rationale A, with predictable result of detachment and reattachment of the handle.
Claim 10 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075).
As of Claim 10, Tan et al in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 9.
Tan et al. in view of Dylewski et al does not explicitly disclose the assembly wherein the end effector comprises a hook or grasping element that has a contact surface that is non-parallel with the axis.
Gonzales et al. discloses the assembly comprising a hook(58) constituting a gripping structure for engaging items, Col 3 line 66 “A hook(58) is coupled to the handle(12) to gripple cargo in the pickup bed for pulling cargo out of the pickup bed”, Col 4 line 20 “In use, the push bar 24 is positioned in the stored position and the handle 12 is extended into the pickup bed to facilitate the hook 58 to grapple cargo in the pickup bed. In this way the cargo can be pulled toward a user without requiring the user to climb into the pickup bed”. Hook(58) gives an object contact surface which extends non-parallel with the axis associated with the handle assemble.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) end effector and handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with hook that has a contact surface that is non-parallel with the axis as taught by Gonzales et al.(US11597075) to enhance engagement and grasping of objects towards a user without requiring the user to climb into the pickup bed, see MPEP 2143 Rationale A, with predictable result of enabling the end effector with engaging and grasping element towards a user without requiring the user to climb into the pickup bed.
Claim 11 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 11, Tan et al., in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 10.
Tan et al in view of Dylewski et al. does not explicitly disclose, including a first lock feature that holds the end effector in the stowed position and a second lock feature that holds the end effector in the deployed position.
Gonzales further discloses the assembly comprising of a locking unit(50) including first locks(52) and second locks(54). The first locks (52) engage the first aperture(32), where the push bar(24) is in the deployed situation. The second lock(54) engages the second aperture(34), where the push bar (24) is in the stowed situation. “Col 41 line 41-57 “The locking unit 50 comprises a pair of first locks 52 and each of the first locks 52 extends outwardly from the first portion 14 of the handle 12. Each of the first locks 52 is positioned adjacent to the first end 18 of the first portion 14 and each of the first locks 52 is biased to extend outwardly from the handle 12. Each of the first locks 52 engages the first aperture 32 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the deployed position. The locking unit 50 includes a pair of second locks 54 and each of the second locks 54 extends outwardly from the first portion 14 of the handle 12. The pair of second locks 54 is spaced along the handle 12 from the pair of first locks 52 and each of the second locks 54 is biased to extend outwardly from the handle 12. Additionally, each of the second locks 54 engages the second aperture 34 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the stored position”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with the first and second locking features as taught by Gonzales et al.(US11597075) to maintain the end effector in its stowed and deployed situation, see MPEP 2143 Rationale A, with predictable result of securing the end effector by lock features in either stowed and deployed position..
Claim 12 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 12, Tan et al in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 9.
Tan et al. in view of Dylewski et al does not explicitly disclose the assembly, wherein the handle is comprised of a plurality of telescoping members, and wherein one telescoping member of the plurality of telescoping members has a smaller cross-section and another telescoping member of the plurality of telescoping members.
Gonzales further discloses the assembly wherein the handle is comprised of a plurality of telescoping members, and wherein one telescoping member of the plurality of telescoping members has a smaller cross-section and another telescoping member of the plurality of telescoping members, Col 2 line 46 “As best illustrated in FIGS. 1 through 7, the pickup bed tool assembly 10 generally comprises a handle 12 that has a first portion 14 which slidably engages a second portion 16 such that the handle 12 has a telescopically adjustable length. The first portion 14 has a first end 18 and the second portion 16 has a second end 20. A grip 22 is positioned around the handle 12 to enhance gripping the handle 12 and the grip 22 extends from the second end 20 of the second portion 16 toward the first portion 14. Moreover, the grip 22 is comprised of a resiliently compressible material such as foam rubber or the like", see Fig 5, the plurality of telescoping configuration provides one telescopic member possessing a smaller cross-section than the previous to allow one telescopic member to slide into the other.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with plurality of telescoping members as taught by Gonzales et al.(US11597075) to allow adjustment of the length of the handle, hence extend the user reach of the item, see MPEP 2143 Rationale A, with predictable result of adjusting the length of the handle.
Claim 13 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 13, Tan et al. in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 9.
Tan et al. in view of Dylewski et al does not explicitly disclose the assembly, wherein the handle is comprised of a plurality of nested tubes, and wherein a distal tube of the plurality of nested tubes slides inwardly within an adjacent tube of the plurality of nested tubes when moving to the retracted position.
Gonzales further discloses the assembly, wherein the handle is comprised of a plurality of nested tubes, and wherein a distal tube of the plurality of nested tubes slides inwardly within an adjacent tube of the plurality of nested tubes when moving to the retracted position, see Fig 5, the portions are shown to be telescopically arranged corresponding to the plurality of nested tube configuration, Col 2 line 46 “As best illustrated in FIGS. 1 through 7, the pickup bed tool assembly 10 generally comprises a handle 12 that has a first portion 14 which slidably engages a second portion 16 such that the handle 12 has a telescopically adjustable length. The first portion 14 has a first end 18 and the second portion 16 has a second end 20. A grip 22 is positioned around the handle 12 to enhance gripping the handle 12 and the grip 22 extends from the second end 20 of the second portion 16 toward the first portion 14. Moreover, the grip 22 is comprised of a resiliently compressible material such as foam rubber or the like", see further Fig 5, the telescopic members are nested such that a tubular portion slides into adjacent members as the handle motions towards its retracted position.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with plurality of nested tubes as taught by Gonzales et al.(US11597075) to allow adjustment of the length of the handle to retract, hence collect the item for the user, see MPEP 2143 Rationale A, with predictable result of retracting the handle to collect the item for the user.
Claim 14 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 14, Tan et al in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 9.
Tan et al. further discloses the assembly, wherein the handle includes a release member to move the handle to the extended position, see Figs 6-10, paragraph 40 “Each of the latch housings 78 also includes a longitudinally extending slot 93, within which is mounted a respective one of two latch blades 87. Each latch blade 87 is biased into its corresponding slot 93 by a latch blade spring 95. The springs 95 cause retention tabs 96, protruding from the latch blades 87, to extend through corresponding holes 97 in the support tubes 62. Also, when aligned, the retention tabs 96 are biased by the springs 95 to extend through engagement slots 98 in the guide rails 58 and through engagement slots 61 in insert plates 59. The insert plates may be secured to their respective guide rails 58 by detent covers 57. The engagement slots 61, 98 may be longer than the width of the corresponding retention tabs 96 and the insert plates 59 adjustable relative to their corresponding detent covers 57 in order to allow for small adjustments in the position of the support tubes 62 relative to the guide rails 58. This small adjustability may allow one to make sure that the top of the pivotable molding 54 is flush with the tops of the tailgate moldings 50, 52 when the supplemental tailgate 22 is in its stowed position. Each latch housing 78 also includes internal flanges 99, located within the slot 93, that engage with release ramps 100 on the latch blade 87”, paragraph 41 “The movable frame portion 56 also includes a cross member assembly 68 that connects to the tops of the support tubes 62. The cross member assembly 68 may also include a pair of cross members 69a and 69b, post brackets 71 and lock rod brackets 67 that form a support frame 70. The cross member assembly 68 also includes a pair of hollow tubes 72 and six pivot mounts 73 mounted on the support frame 70”.
See Justification in Claim 9.
Claim 15 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 15, Tan et al in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 9.
Tan et al. further discloses the assembly, wherein the tailgate is movable relative to a plurality of truck bed side walls between an open position and a closed position, and wherein the handle is moveable from a stowed position within the tailgate to an upright position when the tailgate is in the open position, paragraph 40 further describes a tailgate mounted to the vehicle side walls and movable between a horizontal open position and a vertical closed position. The tailgate comprises of telescoping members retained in the cavity of the tailgate in stowed position and movable outwards to an upright position when the tailgate is open.
See Justification in Claim 9.
Claim 16 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075).
As of Claim 16, Tan et al. in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 15.
Tan et al. further discloses the assembly comprising handle(54) that is configured to interact with items located within a cargo area defined by the plurality of truck bed side walls.
Gonzales et al. further discloses the assembly comprising a hook(58) constituting a gripping structure for engaging items, Col 3 line 66 “A hook(58) is coupled to the handle(12) to gripple cargo in the pickup bed for pulling cargo out of the pickup bed”, Col 4 line 20 “In use, the push bar 24 is positioned in the stored position and the handle 12 is extended into the pickup bed to facilitate the hook 58 to grapple cargo in the pickup bed. In this way the cargo can be pulled toward a user without requiring the user to climb into the pickup bed”. Hook(58) gives an object contact surface which extends non-parallel with the axis associated with the handle assemble.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) end effector and handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with hook or grasping element as taught by Gonzales et al.(US11597075) to enhance engagement and grasping of objects towards a user without requiring the user to climb into the pickup bed, see MPEP 2143 Rationale A, with predictable result of enabling the end effector handle with engaging and grasping element towards a user without requiring the user to climb into the pickup bed.
Claim 17 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075).
As of Claim 17, Tan et al. discloses the method selectively moving the handle along an axis between an extended position and a retracted position; see Figs 1-4, 6, 8, 13 show a vehicle structure(24); a handle(54), wherein the handle is selectively moveable along an axis between an extended position and a retracted position ; and an end effector(68, 70, 74, 76) at one end of the handle that has a contact surface that is non-parallel with the axis, paragraph 7 “In this embodiments, the present invention contemplates a tailgate assembly for use with a motor vehicle having a pair of spaced, generally vertical side walls and a generally horizontal bed extending therebetween”, paragraph 34 “The components that make up the tailgate frame 37 are formed do that a hollow internal cavity is created. Within the cavity, the supplemental tailgate 22 is retained. The supplemental tailgate incudes a handle, a movable frame portion and guide rails 58”, support tubes 62 slides telescopically relative to the guide rails 58, between extended and retracted positions.
Tan et al. does not explicitly disclose the method comprising: selectively removing a handle from one of a plurality of side walls that surround a cargo area.
Dylewski et al. disclose a method comprising of selectively removing a handle from one of a plurality of side walls that surround a cargo area; see Figs 37- 39, comprising a vehicle bed including elongated rod(312, 314) removable from the vehicle truck bed with side rails(109, 110) having a quick release attachment, , paragraph 108 “In the embodiments shown, the prop rod is removable from the side frames on the cover walls and pivotable with respect to the cover”.
Tan et al. in view of Dylewski et al. does not explicitly disclose a method selectively deploying an end effector at one end of the handle to interact with items located within the cargo area, wherein the end effector has a contact surface that is non-parallel with the axis
Gonzales et al. discloses a method selectively deploying an end effector at one end of the handle to interact with items located within the cargo area, wherein the end effector has a contact surface that is non-parallel with the axis, Col 3 line 66 “A hook(58) is coupled to the handle(12) to gripple cargo in the pickup bed for pulling cargo out of the pickup bed”, Col 4 line 20 “In use, the push bar 24 is positioned in the stored position and the handle 12 is extended into the pickup bed to facilitate the hook 58 to grapple cargo in the pickup bed. In this way the cargo can be pulled toward a user without requiring the user to climb into the pickup bed”. Hook(58) gives an object contact surface which extends non-parallel with the axis associated with the handle assemble”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Tan. et al (US20050110293) end effector and handle to modify with Dylewski et al. (US20230373279) to selectively remove a handle from one of a plurality of side walls and further modify with hook or grasping element that is retractable and extendable along the longitudinal axis, interacting with the items in the cargo area as taught by Gonzales et al.(US11597075) to enhance engagement and grasping of objects towards a user without requiring the user to climb into the vehicle to reach the cargo area, see MPEP 2143 Rationale A, with predictable result of enabling the end effector handle with engaging and grasping element that is retractable and extendable along the longitudinal axis in the cargo area without requiring the user to climb into the cargo area.
Claim 18 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 18, Tan et al in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 17.
Tan et al. in view of Dylewski et al. does not explicitly disclose, including locking the end effector in a stowed position before returning the handle to the retracted position.
Gonzales et al. disclose a method including locking the end effector in a stowed position before returning the handle to the retracted position, see Fig 1 and Fig 2, showing a locking unit(50) including first locks(52) and second locks(54). The first locks (52) engage the first aperture(32), where the push bar(24) is in the deployed situation. The second lock(54) engages the second aperture(34), where the push bar (24) is in the stowed situation. “Col 41 line 41-57 “The locking unit 50 comprises a pair of first locks 52 and each of the first locks 52 extends outwardly from the first portion 14 of the handle 12. Each of the first locks 52 is positioned adjacent to the first end 18 of the first portion 14 and each of the first locks 52 is biased to extend outwardly from the handle 12. Each of the first locks 52 engages the first aperture 32 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the deployed position. The locking unit 50 includes a pair of second locks 54 and each of the second locks 54 extends outwardly from the first portion 14 of the handle 12. The pair of second locks 54 is spaced along the handle 12 from the pair of first locks 52 and each of the second locks 54 is biased to extend outwardly from the handle 12. Additionally, each of the second locks 54 engages the second aperture 34 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the stored position”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify Tan. et al (US20050110293) End effector handle to be removable from the vehicle truck bed by Dylewski et al. (US20230373279) and further modify with the locking features as taught by Gonzales et al.(US11597075) to maintain the end effector in its stowed position before returning the handle to the retracted position, see MPEP 2143 Rationale A, with predictable result of securing the end effector by lock features in the stowed position before returning the handle to the retracted position..
Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 19, Tan et al., in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 18.
Tan et al in view of Dylewski et al. does not explicitly disclose a method, including locking the end effector in a deployed position.
Gonzales et al. disclose a method including locking the end effector in a deployed position, see Fig 1 and Fig 2, showing a locking unit(50) including first locks(52) and second locks(54). The first locks (52) engage the first aperture(32), where the push bar(24) is in the deployed situation. The second lock(54) engages the second aperture(34), where the push bar (24) is in the stowed situation. “Col 41 line 41-57 “The locking unit 50 comprises a pair of first locks 52 and each of the first locks 52 extends outwardly from the first portion 14 of the handle 12. Each of the first locks 52 is positioned adjacent to the first end 18 of the first portion 14 and each of the first locks 52 is biased to extend outwardly from the handle 12. Each of the first locks 52 engages the first aperture 32 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the deployed position. The locking unit 50 includes a pair of second locks 54 and each of the second locks 54 extends outwardly from the first portion 14 of the handle 12. The pair of second locks 54 is spaced along the handle 12 from the pair of first locks 52 and each of the second locks 54 is biased to extend outwardly from the handle 12. Additionally, each of the second locks 54 engages the second aperture 34 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the stored position”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Tan. et al (US20050110293) end effector and handle to modify with Dylewski et al. (US20230373279) to selectively remove a handle from one of a plurality of side walls and further modify with hook or grasping element that is retractable and extendable along the longitudinal axis, interacting with the items in the cargo area and locks as taught by Gonzales et al.(US11597075) to maintain the end effector in its deployed position, see MPEP 2143 Rationale A, with predictable result of securing the end effector by lock features in a deployed position.
Claim 20 is rejected under 35 U.S.C 103 as being unpatentable over Tan. et al (US20050110293) in view of Dylewski et al. (US20230373279) in further view of Gonzales et al.(US11597075)
As of Claim 20, Tan et al., in view of Dylewski et al. in further view of Gonzales et al. discloses the assembly according to Claim 19.
Tan et al in view of Dylewski et al. does not explicitly disclose a method, wherein the end effector is locked in the stowed position with a first lock feature and is locked in the deployed position with a second lock feature that is different that the first lock feature.
Gonzales et al. further disclose a method, wherein the end effector is locked in the stowed position with a first lock feature and is locked in the deployed position with a second lock feature that is different that the first lock feature, , see Fig 1 and Fig 2, showing a locking unit(50) including first locks(52) and second locks(54). The first lock(52) engage the first aperture(32), where the push bar(24) is in the deployed position, different from the second lock(54) that engages the second aperture(34), where the push bar (24) is in the stowed position, “Col 41 line 41-57 “The locking unit 50 comprises a pair of first locks 52 and each of the first locks 52 extends outwardly from the first portion 14 of the handle 12. Each of the first locks 52 is positioned adjacent to the first end 18 of the first portion 14 and each of the first locks 52 is biased to extend outwardly from the handle 12. Each of the first locks 52 engages the first aperture 32 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the deployed position. The locking unit 50 includes a pair of second locks 54 and each of the second locks 54 extends outwardly from the first portion 14 of the handle 12. The pair of second locks 54 is spaced along the handle 12 from the pair of first locks 52 and each of the second locks 54 is biased to extend outwardly from the handle 12. Additionally, each of the second locks 54 engages the second aperture 34 in the second portion 16 of a respective one of the brackets 26 when the push bar 24 is in the stored position”.
See Justification in Claim 17.
Conclusion
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/MTK./
Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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