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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 11/06/2024.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/06/2024 has been received and considered. However, the IDS includes a number of U.S. patents or U. S. patent application references that appears to have no relevancy to the claimed invention and has not been considered. These inclusions have not been considered as shown on the struck through IDS.
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.
Claims 1-2, 4-5, 10-11, 13-14, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilcox et al. (US7,338,107).
Claim 1. Wilcox discloses: A locking hinge assembly for a vehicle (19 hinge assembly Fig. 1-7; 10 pickup truck, Fig. 1), the locking hinge assembly comprising:
a hinge base (31 hinge bracket, Fig. 2-7) coupled to a base component of the vehicle (structure of the rear end of 10, Fig. 1), the hinge base defining a vertical channel and a horizontal channel, the vertical channel perpendicular to the horizontal channel (43 opening comprising of 44 front vertical track, 46 horizontal track where 44 and 46 are perpendicular, Fig. 2-7); and
a hinge tongue (25 end plate of 20 tailgate, Fig. 2-7) coupled to a pivotable component of the vehicle (remaining structure of 20 tailgate, Fig. 2-7), the hinge tongue moveable between a plurality of positions including a closed position (Fig. 4) and an open position (Fig. 6), the hinge tongue received by the vertical channel of the hinge base in the closed position (Fig. 4), the hinge tongue received by the horizontal channel of the hinge base in the open position (to move between Fig. 4 and Fig. 6, 25 is received by 46).
Claim 2. Wilcox discloses: The locking hinge assembly as recited in claim 1 wherein, the vehicle comprises a cargo box including a floor and a gate (13 service body comprises 16 floor and 20 tailgate, Fig. 1); and wherein, the base component comprises the floor of the cargo box (structure of rear end comprising of 13, Fig. 1) and the pivotable component comprises the gate of the cargo box (structure of 20 tailgate comprises the gate, Fig. 1-7).
Claim 4. Wilcox discloses: The locking hinge assembly as recited in claim 2 wherein, the gate comprises a tailgate (20 tailgate, Fig. 1-7).
Claim 5. Wilcox discloses: The locking hinge assembly as recited in claim 1 wherein, the hinge base comprises first and second vertical side walls at least partially defining the vertical and horizontal channels (interior and exterior vertical side walls of 41 plate define 43, Fig. 2).
Claim 10. Wilcox discloses: The locking hinge assembly as recited in claim 1 wherein, the hinge base comprises a locking latch disposed in the horizontal channel (45 rear track vertical portion secures the end plate in the open position, Fig. 6); and wherein, the hinge tongue comprises a locking pin (26a shoulder bolt, Fig 2-7), the locking latch receiving the locking pin in the open position of the hinge tongue to secure the pivotable component in the open position (45 receives 26a to secure in the open position, Fig. 6).
Claim 11. Wilcox discloses: The locking hinge assembly as recited in claim 10 wherein, the hinge base comprises a corner bracket partially defining the horizontal channel (37 mounting plate locates 46 relative to the base, Fig. 2), the locking latch projecting from the corner bracket (46 projects from 37, Fig. 2).
Claim 13. Wilcox discloses: The locking hinge assembly as recited in claim 1 wherein, the hinge base comprises a corner bracket configured to secure the hinge base to an edge of the base component (36 offset lower portion and 37 mounting plate used to mount to base, forms a corner; Fig. 1; Col. 2, lines 59-66).
Claim 14. Wilcox discloses: The locking hinge assembly as recited in claim 13 wherein, the corner bracket includes vertical and horizontal base walls (36 is vertical, 37 is horizontal; Fig. 2), the vertical base wall partially defining the vertical channel, the horizontal base wall partially defining the horizontal channel (36 and 37 define the location of 43, Fig. 2).
Claim 16. Wilcox discloses: An off-road vehicle (12 truck, Fig. 1) comprising:
a frame assembly (structural members of 12 truck, Fig. 1; Col. 2, lines 65-66);
a seating assembly coupled to the frame assembly (cab structure of 12, Fig. 1);
a cargo box coupled to the frame assembly aft of the seating assembly, the cargo box comprising a floor and a gate (13 box comprising of 16 floor and 20 tailgate aft of cab, Fig. 1); and
a locking hinge assembly (30 hinge, Fig. 2-7) comprising:
a hinge base coupled to the floor of the cargo box (31 hinge bracket coupled to 16 by 37 mounting plate, Fig. 2), the hinge base defining a vertical channel and a horizontal channel, the vertical channel perpendicular to the horizontal channel (31 positions 43 opening comprising of 44 front vertical track, 46 horizontal track where 44 and 46 are perpendicular, Fig. 2-7); and
a hinge tongue coupled to the gate of the cargo box (25 end plate of 20 tailgate, Fig. 2-7), the hinge tongue moveable between a plurality of positions including a closed position and an open position (Fig. 4, Fig. 6), the hinge tongue received by the vertical channel of the hinge base in the closed position (Fig. 4; ), the hinge tongue received by the horizontal channel of the hinge base in the open position (Fig. 6; to move between Fig. 4 and Fig. 6, 25 is received by 46).
Claim 18. Wilcox discloses: The off-road vehicle as recited in claim 16 wherein, the hinge tongue comprises a tongue bracket (26 threaded insert, Fig. 1) and a tongue base (25a heel base, Fig. 1), the tongue bracket coupled to the gate of the cargo box (25 is coupled to 20, Fig. 1), the tongue base receivable by the vertical and horizontal channels of the hinge base (25 is received in 43, Fig. 2-7).
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.
Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wilcox et al. (US7,338,107) in view of Patterson et al. (US4,328,988).
Claim 3. Wilcox discloses: The locking hinge assembly as recited in claim 2.
Wilcox does not disclose: the gate comprises a bedside gate.
Patterson discloses a bed for a pickup truck having side gates in the sidewalls thereof and a tailgate in the rear wall.
Patterson teaches: the gate comprises a bedside gate (82 or 84 sidegates, Fig. 1).
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 tailgate of Wilcox with a sidegate as taught by Patterson with a reasonable expectation of success in order drop the sides of the bed as taught by Patterson (Fig. 1 and 4) using the locking hinges of Wilcox.
Claim 17. Wilcox discloses: The off-road vehicle as recited in claim 16 comprising of a plurality of locking hinge assemblies (plurality of 30, Fig. 1).
Wilcox does not disclose: a plurality of gates including a tailgate, a left bedside gate and a right bedside gate; each gate coupled to the floor of the cargo box via one or more of the plurality of locking hinge assemblies; and wherein, the cargo box is convertible between a box in the closed positions of the locking hinge assemblies and a flatbed in the open positions of the locking hinge assemblies.
Patterson discloses a bed for a pickup truck having side gates in the sidewalls thereof and a tailgate in the rear wall.
Patterson teaches: a plurality of gates including a tailgate, a left bedside gate and a right bedside gate (64 rear tailgate, 82 and 84 left, right side gates, Fig. 1-4); each gate coupled to the floor of the cargo box via one or more of the plurality of hinge assemblies (66, 68, 86, 88 hinges coupling to 64, 82, 86 to 18 floor, Fig. 1-3); and the cargo box (10 bed, Fig. 1) is convertible between a box in the closed positions of the hinge assemblies and a flatbed in the open positions of the hinge assemblies (Fig. 1; closed box, Fig. 4 flatbed in open position).
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 service body of Wilcox with the bed as taught by Patterson with a reasonable expectation of success in order to have a flatbed comprising of a plurality of gates to drop the sides of the bed as taught by Patterson (Fig. 1 and 4) using the locking hinges of Wilcox to more easily access different areas of the bed.
Claims 1-2, 5-9, 13-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US4,842,317), in a second interpretation, in view of Anderson (US11,619,085)
Claim 1. Moore discloses: A locking hinge assembly for a vehicle (Fig. 3-8), the locking hinge assembly comprising:
a hinge base (48 cam plate and 36 lip of 30 elongated bracket, Fig. 3-8) coupled to a base component of the vehicle (structure of the rear end of 12, Fig. 1), the hinge base defining a vertical channel (vertical structure of 48 proximate 64 well, Fig. 5) and a horizontal channel (horizontal structure of 48 proximate 76 and 78 edges, Fig. 5), the vertical channel perpendicular to the horizontal channel (vertical and horizontal structures are perpendicular, Fig. 4-8); and
a hinge tongue (28 post, Fig. 3-8) coupled to a pivotable component of the vehicle (20 rail, Fig. 3-8), the hinge tongue moveable between a plurality of positions including a closed position (Fig. 4) and an open position (Fig. 8), the hinge tongue received by the vertical channel of the hinge base in the closed position (Fig. 4), the hinge tongue received by the horizontal channel of the hinge base in the open position (to move between Fig. 4 and Fig. 8, 28 is received by 76 and 78, Fig. 7-8).
Moore is silent on the cam plate creating a two sided structure.
Anderson discloses a stake post having a locking hinge that enables selective movement of a gate unit between a first position in which the gate unit forms a portion of a retaining wall in cooperation with other gate units, and a second position in which the gate unit is removed from alignment with one or more adjacent gate units to thereby provide an opening through a retaining wall otherwise formed by the stake post when in the first position.
Anderson teaches: a channel (channel created by opposing sides of 102 lower body component, Fig. 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bracket member of Moore to include a plurality of cam plates to create a two sided channel for each post as taught by Anderson with a reasonable expectation of success in order provide additional support for the moveable member as taught by Anderson (Fig. 7). Such a modification represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 2. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 1 wherein, the vehicle comprises a cargo box including a floor and a gate (Moore: structure of bed 14 comprising of 18 platform and 20 rails, Fig. 1); and wherein, the base component comprises the floor of the cargo box (Moore: structure of rear end comprising of 13 comprises of 18 platform, Fig. 1) and the pivotable component comprises the gate of the cargo box (Moore: structure of 20 rail comprises the gate, Fig. 1-7).
Claim 5. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 1 wherein, the hinge base comprises first and second vertical side walls at least partially defining the vertical and horizontal channels (Moore in view of Anderson teaches a plurality of cam plates creating first and second side walls defining vertical and horizontal channels; Moore: Fig. 3-8; Anderson: Fig. 7).
Claim 6. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 5 wherein, the hinge base comprises a horizontal stopping plate (Moore: 36 lip, Fig. 3) bridging the first and second side walls, the stopping plate partially defining the horizontal channel to secure the hinge tongue in the open position (Moore: Fig. 3, 7, 8 depicts the 36 constraining 28 and locates the horizontal structure of 48 along 76 and 78 edges relative to 18).
Claim 7. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 5 wherein, the first and second side walls each define a guide slot (Moore: 56 slot, Fig. 4-8) extending along the vertical and horizontal channels of the hinge base (Moore: Fig. 4-8); and wherein, the hinge tongue comprises one or more guide pins slidably engaged with the guide slots (Moore: 58 cam follower, Fig. 4-8), the one or more guide pins slidable along the guide slots as the hinge tongue moves between the plurality of positions (Moore: 58 slides along 56 between positions, Fig. 4-8)
Claim 8. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 7 wherein, each guide slot comprises a substantially linear horizontal section extending along the horizontal channel of the hinge base (Moore: 76 and 78 edges, Fig. 4-8), a substantially linear vertical section extending along the vertical channel of the hinge base (Moore: 66 and 68 edges, Fig. 4-8) and a substantially linear diagonal section connecting the horizontal and vertical sections (Moore: 72 and 74 edges, Fig. 4-8).
Claim 9. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 7, wherein each guide slot has a terminal end forming a locking notch (Moore – recess 64), the locking notches receiving the one or more guide pins in the open position of the hinge tongue, thereby securing the pivotable component in the open position. (Moore – Figure 4 illustrates the rail being held in position)
Claim 13. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 1 wherein, the hinge base comprises a corner bracket configured to secure the hinge base to an edge of the base component (Moore: 32 wall and 34 shelf of 30 elongated bracket forms a corner and secures 28 to edge of 18, Fig. 3).
Claim 14. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 13 wherein, the corner bracket includes vertical and horizontal base walls (Moore: 38 wall is vertical, 34 wall is horizontal; Fig. 3), the vertical base wall partially defining the vertical channel, the horizontal base wall partially defining the horizontal channel (Moore: 36 and 37 partially define the location of 56, Fig. 3).
Claim 15. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 13 wherein, the vertical channel is defined by the corner bracket, vertical side walls and a cover wall to form a closed channel with a rectangular cross section and an open top end (Moore: 32 and 34 define the location of vertical channel as taught claim 1; plurality of taught 28 and 38 wall form a closed channel with rectangular cross section between sides 34, 38, 40 and 28; 42 opening on top end, Fig. 3).
Claim 16. Moore discloses: An off-road vehicle (12 truck, Fig. 1) comprising:
a frame assembly (implicit to truck chassis, Fig. 1; Col. 2, lines 59-65);
a seating assembly coupled to the frame assembly (12 cab, Fig. 1);
a cargo box coupled to the frame assembly aft of the seating assembly, the cargo box comprising a floor and a gate (structure of bed 14 comprising of 18 platform and 20 rails, Fig. 1); and
a locking hinge assembly (Fig. 3-8) comprising:
a hinge base coupled to the floor of the cargo box (48 cam plate and 36 lip of 30 elongated bracket, Fig. 3-8), the hinge base defining a vertical channel and a horizontal channel, the vertical channel perpendicular to the horizontal channel (vertical structure of 48 proximate 64 well, Fig. 5; horizontal structure of 48 proximate 76 and 78 edges, Fig. 5; vertical and horizontal structures are perpendicular, Fig. 4-8); and
a hinge tongue coupled to the gate of the cargo box (28 post coupled to 20 rail , Fig. 3-8), the hinge tongue moveable between a plurality of positions including a closed position and an open position (Fig. 4, Fig. 8), the hinge tongue received by the vertical channel of the hinge base in the closed position (Fig. 4; ), the hinge tongue received by the horizontal channel of the hinge base in the open position (Fig. 7-8).
Moore is silent on the cam plate creating a two sided structure.
Anderson discloses a stake post having a locking hinge that enables selective movement of a gate unit between a first position in which the gate unit forms a portion of a retaining wall in cooperation with other gate units, and a second position in which the gate unit is removed from alignment with one or more adjacent gate units to thereby provide an opening through a retaining wall otherwise formed by the stake post when in the first position.
Anderson teaches: a channel (channel created by opposing sides of 102 lower body component, Fig. 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bracket member of Moore to include a plurality of cam plates to create a two sided channel for each post as taught by Anderson with a reasonable expectation of success in order provide additional support for the moveable member as taught by Anderson (Fig. 7). Such a modification represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 18. Moore in view of Anderson teach: The off-road vehicle as recited in claim 16 wherein, the hinge tongue comprises a tongue bracket (Moore: implicit connection of 6 pin to 28, Fig. 1) and a tongue base (Moore: 41 lower end of 28, Fig. 3), the tongue bracket coupled to the gate of the cargo box (Moore: 6 is coupled to 20, Fig. 1), the tongue base receivable by the vertical and horizontal channels of the hinge base (Moore: 41 is received in 48, Fig. 3-8).
Claim 19. Moore in view of Anderson teach: The off-road vehicle as recited in claim 18 wherein, the tongue base comprises vertical side walls at least partially defining a tongue base channel (Moore: 41 of 28 has vertical side walls, Fig. 3-8), the tongue base further comprising a locking pin disposed in the tongue base channel (Moore: 6 pin is within vertical walls of 28, Fig. 1).
Claim 20. Moore in view of Anderson teach: The off-road vehicle as recited in claim 18 wherein, the tongue base has a smaller cross section than the vertical and horizontal channels (Moore: 41 is between the 28 channels as taught by claim 1 of Moore in view of Anderson and has a smaller cross section, Fig. 3-8).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Moore (US4,842,317), in a second interpretation, in view of Anderson (US11,619,085) and further in view of Schwarz (DE299,14,746).
Claim 10. Moore in view of Anderson teach: The locking hinge assembly as recited in claim 1.
Moore in view of Anderson does not teach: the hinge base comprises a locking latch disposed in the horizontal channel; and wherein, the hinge tongue comprises a locking pin, the locking latch receiving the locking pin in the open position of the hinge tongue to secure the pivotable component in the open position.
Schwarz discloses a folding hinge joint comprising of locking mechanism to hold a part open or closed.
Schwarz teaches: the hinge base (2 fixed hinge part, Fig. 1) comprises a locking latch disposed in the horizontal channel (8 axis pin with 7 springs between 10 and 11 walls, Fig. 3); and wherein, the hinge tongue (1 pivotable hinge part, Fig. 1, 3) comprises a locking pin (4 sliding axis member, Fig. 1-3), the locking latch receiving the locking pin in the open position of the hinge tongue to secure the pivotable component in the open position (8 axis pin and 7 springs constrains the pivotable hinge part into an open position; Para 1, pg. 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bracket member of Moore in view of Anderson to include locking mechanism between the cam and post as taught by Schwarz with a reasonable expectation of success in order to hold the post in the open position as taught by Schwarz (Para 1, pg. 6). Such a modification represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Moore (US4,842,317), in a second interpretation, in view of Anderson (US11,619,085) and further in view of Schwarz and Cafeo et al. (US8,246,100).
Claim 12. Moore in view of Anderson and further in view of Schwarz teach: The locking hinge assembly as recited in claim 10.
Moore in view of Anderson and further in view of Schwarz does not teach: the locking latch comprises an elastomeric material.
Cafeo disclose a hinge and latch assembly for a vehicle wherein hinge portions are elastomers.
Cafeo teaches: an elastomeric material (elastomers; Col. 6, lines 38-42).
Moore in view of Anderson and further in view of Schwarz discloses the claimed invention except for elastomeric material. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use elastomeric material for the latch as taught by Cafeo 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. In re Leshin, 125 USPQ 416.
Conclusion
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/AARON L LEMBO/Primary Examiner, Art Unit 3672
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