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 Objections
Claims 1, 3, and 18 are objected to because of the following informalities:
Claim 2, line 6, “and the bottom surface and the bottom surface” should be –and the bottom surface--.
Claim 3, line 2, “The” should be –the--.
Claim 18, line 4, “need” should be –end--.
Appropriate correction is required.
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 1-3, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zielinsky (US 2011/0121602).
Zielinsky discloses a tailgate limiter apparatus to limit a range of motion of a tailgate comprising an elongated body (25), as shown in Figures 1-7. The elongated body (25) comprises a first end (44), a second end (22), one or more securement apertures that extend through at least a portion of the elongated body (25) to facilitate securement of the elongated bod (25) to a tailgate (10) on a vehicle, as shown in Figures 1-7. A plurality of hinge connector acceptance apertures extend through the elongated body (25), as shown in Figure 7. Each of the hinge connector acceptance apertures is configured to receive a hinge connector of a hydraulic hinge used on the tailgate of the vehicle and the hinge connector acceptance apertures are spaced apart to limit a radius of swing of the tailgate of the vehicle to different degrees of swing based on a position of the respective hinge connector acceptance aperture, as shown in Figures 4-6. One or more fasteners (26) are configured for insertion into the one or more securement apertures and engages respective securement holes in the tailgate of the vehicle, as shown in Figures 1-7.
PNG
media_image1.png
486
673
media_image1.png
Greyscale
In reference to claim 2, the elongated body comprises (25) comprises a top surface that extends between the first end (44) and the second end (22), a bottom surface opposite the top surface that extends between the first end and the second end, a first side that extends between the top surface and the bottom surface, and a second side opposite the first side that extends between the top surface and the bottom surface and between the first end and second end, as shown in Figure 7. The top surface is the right edge and the bottom surface is the left edge, as shown in the left portion of Figure 7. The first side is the right edge and the second side is the left edge, as shown in the right portion of Figure 7.
In reference to claim 3, the one or more securement apertures comprises a first end securement aperture that extends through at least a portion of the elongated body (25) proximate to the first end (44) and a second end securement aperture (28) that extends through at least a portion of the elongated body (25) proximate to the second end (22), as shown in Figure 7. The first end securement aperture is configured for alignment with a mid-door securement hole in a tailgate of a vehicle. The claim is directed only to the sub-combination so the aperture is capable of alignment with a mid-door securement hole in a tailgate. The second end securement aperture (28) is configured for alignment with a distal end door securement hole in the tailgate of the vehicle, as shown in Figure 6.
In reference to claim 5, the elongated body (25) comprises a first side that extends between the top surface and the bottom surface and a second side opposite the first side that extends between the top surface and the bottom surface and between the first end and second end, as shown in Figure 7. The top surface is the right edge and the bottom surface is the left edge, as shown in the left portion of Figure 7. The first side is the right edge and the second side is the left edge, as shown in the right portion of Figure 7.
In reference to claim 6, the plurality of hinge connector acceptance apertures extend through at least the first side of the elongated body (25) between the first securement aperture and the second securement aperture, as shown in Figure 7.
Allowable Subject Matter
Claim 4 is 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.
Claims 7-17 and 19-26 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indicating allowable subject matter of claims 4 and 7 is the combination of the second end of the elongated body is the end with the elongated bolt for engaging the distal end door securement hole in the tailgate and the pinch bracket having a bracket aperture for receiving the second end of the elongated body. The closest prior art, Zielinsky (US 2011/0121602), has a bracket (50) that receives the first end of the elongated body, not the second end.
The primary reason for indicating allowable subject matter of claim 26 is the hinge connector of the hydraulic hinge is secured to a hinge connector acceptance aperture, which is not found in the prior art of record. The closest prior art, Zielinsky (US 2011/0121602), does not have a hydraulic hinge. Further, adding a hydraulic hinge would likely result in the replacing the entire tailgate limiter apparatus resulting in the loss of the elongated body and associated hinge connector acceptance apertures. This would break the invention of the closest prior art.
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 June 17, 2026
Prosecution Insights