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 § 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, 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 1-4, 6, 8-13, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Salter et al. (US 2023/0382207) in view of Williams (US 2019/0210664), further in view of Al-Saeed (8,794,690).
Salter et al. discloses a pick up truck (10) comprising a cargo space (14) defining a bed, a pair of side walls (18,20), with two ends, extending from the bed, a front wall between the sidewalls (18,20) at one end and a tailgate (22) between the two sidewalls (18,20) at the other end, as shown in Figures 1 and 9. A raisable panel (24,26) is in each side wall (18,20), as shown in Figure 9. Each raisable panel (24,26) moves from a first retracted position inside the side walls (24,26) to a second raised position extending from the side walls, as shown in Figure 9 and disclosed in paragraph [0060]. A cover (28) is located between the panels (24,26), as shown in Figure 9. The cover (28) moves from a position substantially parallel to the bed with the panels (24,26) in a retracted position to an angled position with the panels in a raised position providing improved aerodynamic characteristics, as shown in Figure 9 and disclosed in paragraph [0060].
In reference to claims 2 and 11, the panels (24,26) can be moved manually or automated between raised and retracted positions, as disclosed in paragraph [0045].
In reference to claims 3 and 12, a frame assembly can receive a side panel (24,26) to move the panels (24,26) between the raised and retracted positions, as disclosed in paragraph [0061].
In reference to claims 4 and 13, an actuator is coupled with the frame assembly for moving the frame assembly, as disclosed in paragraph [0017].
In reference to claim 8 and 17, the tailgate (22) functions in the panel (24,26) retracted and raised positions, as shown in Figures 1 and 9. The tailgate prevents objects from falling out of the bed when in the closed position and the panel is in the retracted and raised positions. This meets the broad limitation of functions. If applicant intended to say the tailgate can pivot when the panels are in the retracted and raised positions, then this would either be inherent or obvious. The embodiment shown in Figure 9 does not appear to have a way to access the bed other than through the tailgate.
In reference to claims 9 and 18, the raisable panels (24,26) do not interfere with the bed cargo space, as shown in Figures 1 and 9.
However, Salter et al. does not disclose the front panel.
Williams teaches providing a front panel (104) that moves from a retracted position to a raised position at the front end of the truck bed, as shown in Figures 1-3B, 8A, and 8B.
In reference to claims 6 and 15, the front panel (104) lifts and supports the cover (650), as shown in Figures 8A and 8B.
Al-Saeed teaches providing a telescoping actuator/rail (34a,34b) in a center position in reference to a panel (12a,12b) to obviate any asymmetrical forces during actuation, as shown in Figures 1 and 2 and disclosed on lines 20-45 of column 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to:
provide a movable front panel connected to the cover of Salter et al., as taught by Williams, with a reasonable expectation for success to prevent rain entering the truck bed when the cover is in the raised position; and,
provide a telescoping center rail to raise the front panel, as taught by Al-Saeed, with a reasonable expectation for success to obviate any asymmetrical forces on the front panel for smooth operation.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claims 1 and 10, in view of Williams et al. (10,099,730).
Salter et al., as modified, does not disclose the spoiler.
Williams et al. teaches providing a tailgate (120) of a pick-up truck bed with a hinged spoiler (220), as shown in Figure 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a hinged spoiler to the tailgate of the truck bed of Salter et al., as modified, as taught by Williams et al., with a reasonable expectation for success to reduce drag and improve fuel economy.
Response to Arguments
Applicant’s arguments, see remarks, filed 7/8/2026, with respect to the rejection(s) of claim(s) 1 and 10 under 35 U.S.C. 102 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 Al-Saeed (8,794,690).
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 GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 July 20, 2026
Prosecution Insights