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 § 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.
(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) 1-3, 6, and 13 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Shenaq et al. (US 2019/0217673 A1) hereinafter, Shenaq.
Regarding claim 1. Shenaq teaches a tow hook assembly comprising:
a housing (42) including a front wall, a front aperture (50) formed in the front wall (Fig 3-5) and a detent (62) formed in an inner surface of the housing (Fig 5), the detent defining a curved surface portion (Fig 5); and
a tow hook (14) at least partially extending through the front aperture of the housing (Fig 3-5), the tow hook movable between an extended position (Fig 3) and a retracted position (Fig 4) relative to the housing, the tow hook including a biasing member (65) received within a biasing channel formed in the tow hook (Fig 7) and a bearing provided at an end of the biasing member (Para [0056]), the biasing member biasing the bearing into the detent when the tow hook is in the extended position (Para [0054]), the biasing member prohibiting movement of the tow hook from the extended position to the retracted position until a force exceeding a predetermined force threshold in a direction opposite a towing direction is applied against a front end of the tow hook (Para [0047]- [0050]).
Regarding claim 2, Shenaq teaches that when the tow hook is in the extended position (Fig 3), the tow hook extends farther outward from the housing than when the tow hook is in the retracted position (Fig 4).
Regarding claim 3, Shenaq teaches that the curved surface portion faces the front aperture (Fig 5-6).
Regarding claim 6, Shenaq teaches that the curved surface portion has a curvature corresponding to a curvature of the bearing (Fig 4).
Regarding claim 13, Shenaq teaches that the predetermined force threshold is 1 kN +/- 50% (Para [0050]).
Allowable Subject Matter
Claims 4-5 and 7-12 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: Claim 4 recites that the curved surface portion of the detent extends to an inner surface of an upper wall of the housing.
Claim 5 recites that the curved surface portion extends substantially half a length of the detent in a vehicle longitudinal direction.
Claim 7 recites a neck portion extending from a front surface of the elongated portion and a rear surface of the front end portion, wherein the biasing channel is formed in the elongated portion, and wherein a height of the elongated portion in a vehicle vertical direction is greater than a height of the neck portion in the vehicle vertical direction.
Claim 12 recites that the detent is formed in an upper wall of the housing closer to the front wall of the housing than to a rear end of the housing.
Since the prior art (e.g. Shenag and US 2024/0123779 A1 to Steinhilb) teaches tow hook assembly that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 2 of the examined disclosure shows the hook assembly, which is different than the hook assembly taught by the prior art of record (Fig. 3 of Shenaq and Fig. 2 of Steinhilb, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach tow hook assemblies of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOSAM SHABARA/Examiner, Art Unit 3618
/MINNAH L SEOH/Supervisory Patent Examiner, Art Unit 3618
