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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Norman et al. (US Patent Application Publication 2021/0245818).
Re claim 1, Van Norman et al. discloses a vehicle tailgate apparatus comprising a tailgate (16, figure 2), wherein the tailgate includes a main frame (18, figure 4) configured to move between an open position (as in figure 2) and a closed position (as shown in figure 1) through a pair of bottom hinges (see the annotated figure below) at a rear end of a luggage compartment (cargo bed 14) of a vehicle body, wherein at least part of the luggage compartment is defined by interior surfaces of a pair of sidewalls and a bed of the vehicle body (see the annotated figure below), wherein the main frame includes a bottom portion, a first side portion extending from a first end of the bottom portion, and a second side portion extending from a second end of the bottom portion, wherein each of the first side portion and the second side portion is aligned with a corresponding sidewall of the pair of sidewalls (see the annotated figure below and figure 2), respectively, wherein the tailgate is configured such that while the main frame is in the closed position, the first side portion of the main frame and the second side portion of the main frame both cover at least a portion of a corresponding rear facing end exterior surface of the pair of sidewalls (see the annotated figure below), respectively, and wherein the bottom portion of the main frame is aligned with the bed (as shown in figure position of figure 1).
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Re claim 2, an exterior surface of each of the first side portion and the second side portion includes an exterior side portion surface that is aligned with an exterior sidewall surface of the corresponding sidewall of the pair of sidewalls, respectively (as shown by the annotated figure below, the surfaces are aligned in a longitudinal direction of the vehicle).
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Re claim 3, both ends of the bottom portion are pivotally connected to the pair of sidewalls by the pair of bottom hinges, and each of the pair of bottom hinges has a horizontal axis extending in a width direction of the vehicle body.
Re claim 4, each of the pair of bottom hinges is mounted between a corresponding sidewall of the vehicle body and a corresponding end of the bottom portion, and wherein each of the pair of bottom hinges is aligned with a bottom end of a corresponding side portion (see the annotated figure below).
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Re claim 6, the main frame further includes a first connection member connecting the first end of the bottom portion and a first bottom end of the first side portion, and a second connection member connecting the second end of the bottom portion and a second bottom end of the second side portion.
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Re claim 8, Van Norman discloses a vehicle tailgate apparatus comprising a tailgate (16, figure 2), wherein the tailgate comprises: a main frame (18, figure 4) configured to move between an open position (as in figure 2) and a closed position (as shown in figure 1) through a pair of bottom hinges (see the annotated figure below) at a rear end of a luggage compartment (cargo bed 14) of a vehicle body, wherein at least part of the luggage compartment is defined by interior surfaces of a pair of sidewalls and a bed of the vehicle body (see the annotated figure below), wherein the main frame includes a bottom portion, a first side portion extending from a first end of the bottom portion, and a second side portion extending from a second end of the bottom portion (see the annotated figure below), wherein the tailgate is configured such that while the main frame is in the closed position, the first side portion of the main frame and the second side portion of the main frame each cover a corresponding rear facing end exterior surface of the pair of sidewalls (see the annotated figure below), respectively; and a pair of doors including a first door (22, figure 2) and a second door (24, figure 2), wherein the first door is pivotally connected to the first side portion of the main frame by a first side hinge (19, figure 1), wherein the second door is pivotally connected to the second side portion of the main frame by a second side hinge (the other of 19 in figure 1), and wherein the pair of doors are disposed in an opening defined by the bottom portion, the first side portion, and the second side portion of the main frame (as shown by figures 1 and 2, the opening at the rear of the cargo bed).
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Claim Rejections - 35 USC § 103
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Van Norman et al. (US Patent Application Publication 2021/0245818) in view of Ledwith et al. (US Patent 11,014,512).
Re claim 5, Van Norman et al. discloses all the limitations of the claim, as applied above, except for the main frame includes a wiring path therein.
Ledwith et al. teaches including a wiring path (shown in figure 9) in a main frame (36, 38) of a tailgate.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a tailgate, such as that disclosed by Van Norman et al., to have the main frame include a wiring path therein, as taught by Ledwith et al., with a reasonable expectation of success, in order to provide wiring in the tailgate for common accessories such as lights or automatic door latches.
Claims 7, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Van Norman et al. (US Patent Application Publication 2021/0245818).
Re claim 7, Van Norman et al. discloses all the limitations of the claim, as applied above, except for the first connection member and the second connection member being made of a material different from those of the bottom portion, the first side portion, and the second side portion.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a tailgate, such as that disclosed by Van Norman et al., to have the first connection member and the second connection member being made of a material different from those of the bottom portion, the first side portion, and the second side portion, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Leshin, 125 USPQ 416 (CCPA 1960).
Re claim 19, Van Norman discloses a vehicle tailgate apparatus comprising a tailgate (16, figure 2), wherein the tailgate includes a main frame having a bottom portion, and a pair of side portions extending from both ends of the bottom portion, respectively (see the annotated figure below), wherein at least part of a luggage compartment is defined by interior surfaces of a pair of sidewalls and a bed of a vehicle body (see the annotated figure below), wherein the pair of side portions of the main frame are aligned with corresponding outside surfaces of the pair of sidewalls of the vehicle body (see the annotated figure below), respectively, and wherein the tailgate is configured such that while the main frame is in a closed position, the pair of side portions of the main frame both cover a corresponding rear facing end exterior surface of the pair of sidewalls (see the annotated figure below)
Van Norman does not disclose a frame latch provided on one of the corresponding rear facing end exterior surface of the pair of sidewalls of the vehicle body; and a frame striker provided on one of the pair of side portions of the main frame, wherein the frame striker is configured to engage the frame latch such that the main frame can be locked to and unlocked from the one of the corresponding rear facing end exterior surface of the pair of sidewalls of the vehicle body by the frame latch and the frame striker. Instead, Van Norman discloses a frame latch (32, figure 2) provided on one of the pair of side portions of the main frame, and a frame striker provided on one of the corresponding rear facing end exterior surfaces of the pair of sidewalls of the vehicle body, wherein the frame striker is configured to engage the frame latch such that the main frame can be locked to and unlocked from the one of the corresponding rear facing end exterior surface of the pair of sidewalls of the vehicle body by the frame latch and the frame striker (see the annotated figure below).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a tailgate, such as that disclosed by Van Norman et al., to have a frame latch provided on one of the corresponding rear facing end exterior surfaces of the pair of sidewalls of the vehicle body; and a frame striker provided on one of the pair of side portions of the main frame, with a reasonable expectation of success, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. See In re Gazda, 104 USPQ 400 (CCPA 1955).
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Re claim 20, Van Norman et al. further teaches each of the pair of side portions comprises a side member having a cavity therein (as can be seen from figure 6, the side portions of the frame are hollow); and a side molding attached to a side member exterior surface of the side member. See the annotated figure below.
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Claims 9, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Van Norman et al. (US Patent Application Publication 2021/0245818) in view of Aquila et al. (US Patent Application Publication 2022/0289312).
Re claim 9, Van Norman et al. teaches all of the limitations of the claim, as applied above, except for each of the first side hinge and the second side hinge being configured to pivot about a first vertical axis adjacent to one of the pair of sidewalls of the vehicle body, wherein each of the first side hinge and the second side hinge is also configured to pivot about a second vertical axis adjacent to one of the pair of doors, and wherein the second vertical axis is parallel to the first vertical axis.
Re claim 11, Van Norman al. further does not disclose each of the first side hinge and the second side hinge includes a frame-side hinge bracket mounted on each of the first side portion and the second side portion, respectively, of the main frame, wherein each of the first side hinge and the second side hinge includes a door-side hinge bracket mounted on each of the first door and the second door, respectively, and wherein each of the first side hinge and the second side hinge includes a hinge arm pivotally connected to the frame-side hinge bracket and the door-side hinge bracket.
Aquila et al. teaches a first side hinge and a second side hinge (the hinges 740 for the left and right doors in figure 1) being configured to pivot about a first vertical axis adjacent to one of the pair of sidewalls of the vehicle body (see the annotated figure below), wherein each of the first side hinge and the second side hinge is also configured to pivot about a second vertical axis adjacent to one of the pair of doors (see the annotated figure below), and wherein the second vertical axis is parallel to the first vertical axis, each of the first side hinge and the second side hinge includes a frame-side hinge bracket (see the annotated figure below) mounted on each of a first side portion and the second side portion, respectively, of the main frame (see the annotated figure below), wherein each of the first side hinge and the second side hinge includes a door-side hinge bracket mounted on each of the first door and the second door, respectively, and wherein each of the first side hinge and the second side hinge includes a hinge arm pivotally connected to the frame-side hinge bracket and the door-side hinge bracket (see the annotated figure below).
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It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to replace a hinge, such as that disclosed by Van Norman et al., with a first side hinge and a second side hinge being configured to pivot about a first vertical axis adjacent to one of the pair of sidewalls of the vehicle body, wherein each of the first side hinge and the second side hinge is also configured to pivot about a second vertical axis adjacent to one of the pair of doors, and wherein the second vertical axis is parallel to the first vertical axis, each of the first side hinge and the second side hinge includes a frame-side hinge bracket mounted on each of a first side portion and the second side portion, respectively, of the main frame, wherein each of the first side hinge and the second side hinge includes a door-side hinge bracket mounted on each of the first door and the second door, respectively, and wherein each of the first side hinge and the second side hinge includes a hinge arm pivotally connected to the frame-side hinge bracket and the door-side hinge bracket, as taught by Aquila et al., with a reasonable expectation of success, in order to allow the doors to pivot outwardly 90 degrees and allow easier access to the rear of the vehicle.
Re claim 12, Van Norman et al. further discloses each of the first side portion and the second side portion includes a side member (see the annotated figure below), wherein a lower end portion of the side member is received in an upper receiving portion of a corresponding connection member (see the annotated figure below), and the upper receiving portion of the corresponding connection member is fixed to the lower end portion of the side member using a fastener.
Van Norman et al. does not disclose the frame-side hinge bracket being fixed to the lower end portion of the side member using a fastener.
The examiner takes Official Notice that the use of fasteners, such as bolts, is old and well known in the art.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a tailgate, such as that disclosed above, to have the frame-side hinge bracket be fixed to the lower end portion of the side member using a fastener, as is old and well known in the art, with a reasonable expectation of success, in order to attach the bracket using a removable fastener, such as a bolt, such that the device can be disassembled for repair easily if necessary.
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Allowable Subject Matter
Claims 10 and 13-18 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
The primary reason for the indication of allowable subject matter in claims 10 and 13-16 is the inclusion in the claims of the limitations directed to in the second open position, at least one of the pair of doors is folded toward a side exterior surface of the corresponding sidewall of the pair of sidewalls. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The examiner considered combining the device of Van Norman (US Patent Application Publication 2021/0245818) with teachings of Krishnan et al. (US Patent Application Publication 2024/0359750) to arrive at the claimed invention. However, the examiner determined that the hinge device of Krishnan et al. would not operate correctly when combined with the device of Van Norman as claimed.
The primary reason for the indication of allowable subject matter in claims 17 and 18 is the inclusion in the claims of the limitations directed to the magnetic module generating a magnetic field, the contact module being attached to the magnetic module, and as the magnetic module blocks the magnetic field, the contact module is not attached to the magnetic module. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Van Norman (US Patent Application Publication 2021/0245818), the closes prior art of record, does not disclose a magnetic module.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle door and tailgate mechanisms.
Chinese Patent Publication 209457608U teaches a magnetic latch device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S MORROW/Primary Examiner, Art Unit 3612
September 5, 2026
