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 .
Response to Amendment
The amendment filed 7/10/2026 has been entered. Claim(s) 1-20 is/are pending.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogawa (U.S. Patent No. 4,563,028).
Claim 16: Ogawa discloses A replacement vehicle bumper for use with an associated vehicle having an original bumper, the replacement vehicle bumper comprising: a main bumper (10) including an elongated body portion (elongated body portion of 10) having first and second light bar mounting surfaces (surfaces of 22a and 23a with 34 and 36, fig. 2);a first light bar (20, fig. 1) designed to receive and mount at least one light (lamp within 20, fig. 1); and a second light bar (21, fig. 1) designed to receive and mount at least one light (lamp within 21, fig. 1); each light bar (20, 21) comprising an elongated member (34, 35, fig. 2) (elongated brackets 34, 35 are detachable from 10 via rivets) detachable from the main bumper (10); wherein: 1) the first light bar is selectively attachable and selectively detachable (rivets are capable of being be selectively attached and detached) by an end user to the first light bar mounting surface (surface of 34, fig. 2); 2) the second light bar is selectively attachable and selectively detachable (rivets can be selectively detached) by an end user to the second light bar mounting surface (surface of 35, fig. 2).
Claim 17: Ogawa discloses the main bumper (10, fig. 2) has a support member (11, fig. 1) formed integrally with a mounting plate (12, fig. 1).
Claim 18: Ogawa discloses the first light bar mounting surface (surface of 34, fig. 2) has a flange (bottom flange of 34, fig. 2) defined as a first flange (bottom flange of 34); the second light bar mounting surface (surface of 35, fig. 2) has a flange (bottom flange of 35, fig. 2) defined as a second flange (bottom flange of 35); the second light bar (21) has a flange (flange of 21 for mounting to 35, fig. 2) defined as a fourth flange (flange of 21 for mounting to 35); the third flange (flange of 20 for mounting to 34) engages with the first flange (bottom flange of 34) to selectively attach the first light bar (20) to the main bumper (10); and the fourth flange (flange of 21 for mounting to 35) engages with the second flange (bottom flange of 35) to selectively attach the second light bar (21) to the main bumper (10).
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.
Claim(s) 1-6 and 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (U.S. Patent No. 4,563,028) in view of Wymore (US 9,840,218).
Claim 1: Ogawa teaches a vehicle bumper comprising: a main bumper (10, fig. 1) including an elongated body portion (elongated body of 10, fig. 1) having first and second light bar mounting surfaces (surfaces of 22a and 23a with 34 and 36, fig. 2);a first light bar (20, fig. 1) designed to receive and mount at least one light (lamp within 20, fig. 1); and the first light bar (20) comprising an elongated member (34, 35, fig. 2) (elongated brackets 34, 35 are detachable from 10 via rivets) detachable from the main bumper (10); anda second light bar (21, fig. 1) designed to receive and mount at least one light (lamp within 21, fig. 1); the second light bar (21) comprising an elongated member (34, 35, fig. 2) (elongated brackets 34, 35 are detachable from 10 via rivets) detachable from the main bumper (10); and wherein: 1) the first light bar is selectively attachable and selectively detachable (rivets are capable of being be selectively attached and detached) by an end user to the first light bar mounting surface (surface of 34, fig. 2); 2) the second light bar is selectively attachable and selectively detachable (rivets are capable of being be selectively attached and detached) by an end user to the second light bar mounting surface (surface of 35, fig. 2).
However, Ogawa fails to teach the vehicle bumper complies with a vehicle bumper safety standard applicable to an intended market of the vehicle safety standards for a vehicle bumper.
Wymore teaches a vehicle bumper (12, fig. 1) complies with a vehicle bumper safety standard applicable to an intended market of the vehicle safety standards for a vehicle bumper (bumper light … could satisfy the compliance requirements, see Col. 6 lines 34-40).
Therefore, in view of Wymore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bumper of Ogawa to comply with a vehicle bumper safety standard applicable to an intended market of the vehicle safety standards for a vehicle bumper, in order to allow the bumper to be used in a desired market.
Claim 2: Ogawa teaches the first light bar mounting surface (surface of 34, fig. 2) has a flange (bottom flange of 34, fig. 2) defined as a first flange (bottom flange of 34); the second light bar mounting surface (surface of 35, fig. 2) has a flange (bottom flange of 35, fig. 2) defined as a second flange (bottom flange of 35); the first light bar (20) has a flange (flange of 20 for mounting to 34, fig. 2) defined as a third flange (flange of 20 for mounting to 34); the second light bar (21) has a flange (flange of 21 for mounting to 35, fig. 2) defined as a fourth flange (flange of 21 for mounting to 35); the third flange (flange of 20 for mounting to 34) engages with the first flange (bottom flange of 34) to selectively attach the first light bar (20) to the main bumper (10); and the fourth flange (flange of 21 for mounting to 35) engages with the second flange (bottom flange of 35) to selectively attach the second light bar (21) to the main bumper (10).
Claim 3: Ogawa teaches the first light bar mounting surface (surface of 34) is positioned on a first end of the main bumper (right end of 10, fig. 2); and the second light bar mounting surface (surface of 35) is positioned on a second end of the main bumper (left end of 10, fig. 2).
Claim 4: Ogawa teaches when the first light bar (20) is attached to the first light bar mounting surface (surface of 34) and the second light bar (21) is attached to the second light bar mounting surface (surface of 35): the first and second light bars extend along a common axis (horizontal axis in fig. 1).
Claim 5: Ogawa teaches the vehicle bumper (10) is designed to replace an original bumper on an associated vehicle (see abstract).
Claim 6: Ogawa teaches the main bumper (10) has a support member (11, fig. 2) formed integrally with a mounting plate (12, fig. 2).
Claim 9: Ogawa teaches a vehicle bumper method comprising the steps of: A) providing a vehicle bumper (10, fig. 1) having: 1) a main bumper (10) including an elongated body portion (elongated body portion of 10) having first and second light bar mounting surfaces (surfaces of 22a and 23a with 34 and 36, fig. 2);2) a first light bar (20, fig. 1) designed to receive and mount at least one light (lamp within 20, fig. 1); and the first light bar (20) comprising an elongated member (34, 35, fig. 2) (elongated brackets 34, 35 are detachable from 10 via rivets) detachable from the main bumper (10); and3) a second light bar (21, fig. 1) designed to receive and mount at least one light (lamp within 21, fig. 1); the second light bar (21) comprising an elongated member (34, 35, fig. 2) (elongated brackets 34, 35 are detachable from 10 via rivets) detachable from the main bumper (10); and B) designing the first light bar to be selectively attachable and selectively detachable to the first light bar mounting surface; C) designing the second light bar to be selectively attachable and selectively detachable to the second light bar mounting surface.
However, Ogawa fails to teach D) designing the vehicle bumper to comply with a vehicle bumper safety standard applicable to an intended market of the vehicle safety standards for a vehicle bumper.
Wymore teaches designing a vehicle bumper (12, fig. 1) complies with a vehicle bumper safety standard applicable to an intended market of the vehicle safety standards for a vehicle bumper (bumper light … could satisfy the compliance requirements, see Col. 6 lines 34-40).
Therefore, in view of Wymore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bumper of Ogawa to design a vehicle bumper safety standard applicable to an intended market of the vehicle safety standards for a vehicle bumper, in order to allow the bumper to be used in a desired market.
Claim 10: Ogawa teaches designing the first light bar (20) to be selectively detachable (detachable via crews of 20) from the first light bar mounting surface (surface of 34); and designing the second light bar (21) to be selectively detachable (detachable via crews of 21) from the second light bar mounting surface (surface of 35).
Claim 11: Ogawa teaches step A comprises the step of: providing the main bumper (10) with a support member (11, fig. 1) formed integrally with a mounting plate (12, fig. 1).
Claim 12: Ogawa teaches step A comprises the steps of: 1) providing the first light bar mounting surface (surface of 34, fig. 2) with a flange (bottom flange of 34, fig. 2) defined as a first flange (bottom flange of 34); 2) providing the second light bar mounting surface (surface of 35, fig. 2) with a flange (bottom flange of 35, fig. 2) defined as a second flange (bottom flange of 35); 3) providing the first light bar (20) with a flange (flange of 20 for mounting to 34, fig. 2) defined as a third flange (flange of 20 for mounting to 34); 4) providing the second light bar (21) with a flange (flange of 21 for mounting to 35, fig. 2) defined as a fourth flange (flange of 21 for mounting to 35); step B comprises the step of: engaging the third flange (flange of 20 for mounting to 34) with the first flange (bottom flange of 34) to selectively attach the first light bar to the main bumper (see fig. 1); and step C comprises the step of: engaging the fourth flange (flange of 21 for mounting to 35) with the second flange (bottom flange of 35) to selectively attach the second light bar to the main bumper (see fig. 1).
Claim 13: Ogawa teaches designing the vehicle bumper (10) to replace an original bumper on an associated vehicle (see abstract).
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (U.S. Patent No. 4,563,028) in view of Wymore (US 9,840,218) as applied to claim(s) 1 and 9 above, and further in view of Tetsuya (JPH 09254725).
Claim 7: Ogawa in view of Wymore fails to teach the first light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light; and the second light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light.
Tetsuya teaches a first light bar (10, fig. 3) has a plurality of holes (11a,b,c, fig. 5) where each hole is designed to receive and mount at least one customizable light (3, fig. 5); and a second light bar (10, fig. 3) has a plurality of holes (11a,b,c, fig. 5) where each hole is designed to receive and mount at least one customizable light (3, fig. 5).
Therefore, in further view of Tetsuya, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second light bar of Ogawa with the first and second light bar of Tetsuya where the first light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light; and the second light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light, in order to improve the assembly and disassembly of the light source.
Claim 15: Ogawa in view of Wymore fails to teach step A comprises the steps of: 1) providing the first light bar with a plurality of holes; and 2) providing the second light bar with a plurality of holes; and the method further comprises the step of: designing each hole in the first light bar and in the second light bar to receive and mount at least one customizable light.
Tetsuya teaches providing a first light bar (10, fig. 3) with a plurality of holes (11a,b,c, fig. 5); and a second light bar (10, fig. 3) has a plurality of holes (11a,b,c, fig. 5); andthe method further comprises the step of: designing each hole (11a,b,c) in the first light bar (10) and in the second light bar (10) to receive and mount at least one customizable light (3, fig. 5)
Therefore, in further view of Tetsuya, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second light bar of Ogawa with the first and second light bar of Tetsuya where step A comprises the steps of: 1) providing the first light bar with a plurality of holes; and 2) providing the second light bar with a plurality of holes; and the method further comprises the step of: designing each hole in the first light bar and in the second light bar to receive and mount at least one customizable light, in order to improve the assembly and disassembly of the light source.
Claim(s) 8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (U.S. Patent No. 4,563,028) in view of Wymore (US 9,840,218) as applied to claim(s) 1 and 9 above, and further in view of Newbill (US 2008/0011793).
Claim 8: Ogawa teaches the main bumper (10, fig. 1) has a component mounting surface (surface of 12) having: an array of mounting holes (13, fig. 1) for use in attaching an associated first component (14, fig. 1) to the vehicle bumper.
However, Ogawa fails to teach a pair of D rings for use in attaching an associated second component to the vehicle bumper.
Newbill teaches a pair of D rings (153, fig. 2) for use in attaching an associated second component to a vehicle bumper (101, fig. 1).
Therefore, in further view of Newbill, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a pair of D rings to the vehicle bumper of Ogawa, in order to allow mounting of other objects via the D rings.
Claim 14: Ogawa teaches step A comprises the step of: providing the main bumper (10) with a component mounting surface (surface of 12) having an array of mounting holes (13); and the method further comprises the steps of: 1) designing the array of mounting holes (13) for use in attaching an associated first component (14) to the vehicle bumper (10).
However, Ogawa fails to teach a pair of D rings; and 2) designing the D rings for use in attaching an associated second component to the vehicle bumper.
Newbill teaches a pair of D rings (153, fig. 2); 2) designing the D rings (see fig. 1a) for use in attaching an associated second component to a vehicle bumper (101, fig. 1).
Therefore, in further view of Newbill, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a pair of D rings to the vehicle bumper of Ogawa where the D rings are designed for use in attaching an associated second component to the vehicle bumper, in order to allow mounting of other objects via the D rings.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (U.S. Patent No. 4,563,028) in view of Tetsuya (JPH 09254725).
Claim 19: Ogawa fails to teach the first light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light; and the second light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light.
Tetsuya teaches a first light bar (10, fig. 3) has a plurality of holes (11a,b,c, fig. 5) where each hole is designed to receive and mount at least one customizable light (3, fig. 5); and a second light bar (10, fig. 3) has a plurality of holes (11a,b,c, fig. 5) where each hole is designed to receive and mount at least one customizable light (3, fig. 5).
Therefore, in view of Tetsuya, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second light bar of Ogawa with the first and second light bar of Tetsuya where the first light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light; and the second light bar has a plurality of holes where each hole is designed to receive and mount at least one customizable light, in order to improve the assembly and disassembly of the light source.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa (U.S. Patent No. 4,563,028) in view of Newbill (US 2008/0011793).
Claim 20: Ogawa teaches the main bumper (10, fig. 1) has a component mounting surface (surface of 12) having: an array of mounting holes (13, fig. 1) for use in attaching an associated first component (14, fig. 1) to the vehicle bumper; and
However, Ogawa fails to teach a pair of D rings for use in attaching an associated second component to the vehicle bumper.
Newbill teaches a pair of D rings (153, fig. 2) for use in attaching an associated second component to a vehicle bumper (101, fig. 1).
Therefore, in view of Newbill, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a pair of D rings to the vehicle bumper of Ogawa, in order to allow mounting of other objects via the D rings.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 9 has/have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
However, regarding applicant’s argument that “Ogawa Does Not Disclose a "Main Bumper" as Claimed”, the examiner respectfully disagrees. The examiner notes that the claims do not require the main bumper to be a singular component and therefore can be broadly interpreted wherein the reinforcement member 10 of Ogawa along with the bumper 14 can both be considered the main bumper. The examiner notes that the function of a bumper is to act as a protective member to absorb impact. The reinforcement member 10 would aid in being a protective member which improves impact absorption.
Regarding applicant’s argument that “the responsive comments to Applicant's previous response confirm that the rejection does not rest on express disclosure of Ogawa but rather on interpretation and inference…”, the examiner notes again that the claims can be broadly interpreted where the main bumper includes the reinforcement member 10 and bumper 14 of Ogawa.
Regarding applicant’s argument that “Applicant respectfully submits that the need to combine two separate Ogawa structures (reinforcement member 11 and bumper 14) to arrive at the claimed "main bumper" is itself an admission that neither structure alone constitutes the claimed main bumper as expressly disclosed. Anticipation does not permit such combination”, the examiner respectfully disagrees. The examiner notes that the claims do not require the main bumper to consist of a singular component.
Regarding applicant’s argument that “Ogawa Does Not Disclose First and Second "Light Bars" as Claimed” the examiner notes that the light bars 20 and 21 of Ogawa can be selectively attached and detached via the brackets 34 along with the rivets. Although some assembly and disassembly is required, the claims to not specify as to how the first and second light bars are selectively attachable and detachable.
Regarding applicant’s argument that “Applicant respectfully submits, however, that Ogawa's lamps 20 and 21 are not "light bars" in any meaningful sense … They are not elongated members designed to receive and mount lights”, the examiner respectfully disagrees. The examiner notes that the first and second lamps 20 and 21 of Ogawa has a bar shape and the brackets 34 have a length that is longer than its width which can be considered elongated. The first and second lamps 20 and 21 of Ogawa are mounted onto the brackets 34 or 35.
Regarding applicant’s argument that “This characterization confirms that the Office's position is based solely on an inference based on the appearance of the lamps 20 and 21 in the drawings”, the examiner notes that the claim limitation “light bar” implies a particular shape and it is reasonable to use the drawings of Ogawa to infer that the shape of lamps 20 and 21 are light bars.
Regarding applicant’s argument that “The structural and functional differences between Applicant's claimed light bars and Ogawa's indicator lamps are fundamental. … In contrast, Ogawa's lamps 20 and 21 are pre-assembled indicator lamp units that are housed within recesses of the reinforcement structure and supported by internal brackets. They are not designed to be selectively attached and detached by an end user, nor are they designed to receive and mount lights. They already contain their own integral lamp”, the examiner notes that the limitation “selectively attached and detached” does not impart additional structure distinct from what is disclosed in Ogawa. The examiner notes that the lamps 20 and 21 of Ogawa can be selectively attached and detached via rivets and rivet nuts on the brackets 34 and 35 as shown in figure 1.
Regarding applicant’s argument that “These structures in Ogawa do not function as, and are not described as, "mounting surfaces" for selectively attachable light bars. … Ogawa's brackets 34, 35 and back end portions 22a, 23a serve an entirely different structural purpose. They are internal structural reinforcements, not user-accessible mounting interfaces for removable light bars”, the examiner respectfully disagrees. The examiner notes that the surfaces 22a and 23a are where the first and second light bars 20 and 21 can be selectively attached to via the brackets 34 and 35. The examiner notes that the claims do not require for the first and second light bars to be directly attached to the mounting surfaces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schickli (WO 0172549) discloses a similar vehicle hitch receiver with a light bar.
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 ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
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, Jong-Suk (James) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHENG SONG/Primary Examiner, Art Unit 2875
