DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
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 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.
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 is rejected under 35 U.S.C. 103(a) as being unpatentable over Shinamura et al. (US 2009/0195048) in view of Tanaka et al. (US 2009/0256388)
Regarding claim 1, Shinamura et al. discloses a utility vehicle, comprising:
a body frame (2);
a front wheel (3) and a rear wheel (4) supporting the body frame relative to ground;
a cargo box (6) comprising:
a floor plate (40);
a pair of left and right side covers(44); and
a tail gate (46),
wherein the cargo box is supported by the body frame in such a manner as to be swingable into a dumping orientation (Fig.5);
a swing mechanism (69) configured to swing the tail gate between a closed position and an open position about a lateral swing axis at a lower end area of the tail gate;
a pair of left and right elastic coupling units ([0080], 70) each comprising an elastic element (spring biased latch 73) and configured to couple the tail gate (46) in the closed position to a corresponding one of the side covers with the elastic element in-between; with the elastic element in-between; and
wherein the lock mechanisms each comprise:
a first lock member (72); and
a second lock member (second locking device Fig.12A configured to receive the first lock member, and
wherein, with the elastic coupling units (70), the first lock member is apart from the second lock member by a gap smaller than maximum elastic deformation of the elastic coupling unit.
Shinamura et al does not discuss: common layout of tailgate a pair of left and right lock mechanisms configured to lock the tail gate in the closed position to the respective side covers
Tanaka et al. teaches a pair of left and right lock mechanisms configured to lock the tail gate in the closed position to the respective side covers (Fig.2 and 4) for the purpose of fastening left and right sides of a conventional tailgate to side panels of utility box.
It would have been obvious to one having ordinary skill in the art before the time the invention was effectively filed to modify Shinamura et al with a pair of left and right lock mechanisms configured to lock the tail gate in the closed position to the respective side covers as taught by Tanaka et al. for the expected benefit of fastening left and right sides of a conventional tailgate to side panels of utility box is old and well known.
Regarding claim 8, Shinamura et al. as modified by Tanaka et al. discloses the utility vehicle according to claim 1, wherein: the lock mechanisms (pin engaged with 45) and the elastic coupling units (mounted on tailgate Fig.10A) are separated from each other.
Note: lock is completed when separate side wall and lock pin engage.
Claim 2-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over Shinamura et al. (US 2009/0195048) in view of Kim (KR 20020081963).
Regarding claim 2, Shinamura et al. discloses the utility vehicle according to claim 1, wherein the elastic coupling units each comprise:
Shinamura et al. does not disclose: an elastic plug having an insertion hole an insertion rod insertable into the insertion hole as the tail gate swings into the closed position.
Kim teaches an elastic plug having an insertion hole an insertion rod (76) insertable into the insertion hole as the tail gate swings into the closed position for the purpose of improving an assembly performance of a knob by assuring a marginal tolerance sufficiently.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Shinamura et al. with an elastic plug having an insertion hole an insertion rod (76) insertable into the insertion hole as the tail gate swings into the closed position as taught by Kim for the expected benefit of improving an assembly performance of a knob by assuring a marginal tolerance sufficiently.
Regarding claim 3, Shinamura et al. as modified by Kim discloses the utility vehicle according to claim 2, wherein:
the elastic plug (10; Kim) has a conical guide surface (Fig.4; Kim), and
the insertion hole has a hole diameter equivalent to a diameter of the insertion rod (in as much as the instant application is “equivalent”) and has an insertion-side opening area so defined by the conical guide surface as to become gradually reduced to the hole diameter (Fig.4; Kim).
Regarding claim 4, Shinamura et al. as modified by Kim discloses the utility vehicle according to claim 2, wherein: the insertion rod (30; Kim) of the left elastic coupling unit is fixed to a back end portion of the left side cover ([0080], 70 Shinamura et al.), the insertion rod of the right elastic coupling unit is fixed to a back end portion of the right side cover([0080], 70 Shinamura et al.), the elastic plug of the left elastic coupling unit is fixed to a left end portion of the tail gate, and the elastic plug of the right elastic coupling unit is fixed to a right end portion of the tail gate([0080], 70 Shinamura et al.).
Regarding claim 5, Shinamura et al. as modified by Kim discloses the utility vehicle according to claim 4, wherein: the insertion rods (30; Kim) are extended along a lengthwise direction of the side covers.
Claim 7 are rejected under 35 U.S.C. 103(a) as being unpatentable over Shinamura et al. (US 2009/0195048) in view of Kim (KR 20020081963) further in view of Bobbitt III et al. (US 6,550,838).
Regarding claim 7, Shinamura et al. as modified by Kim discloses the utility vehicle according to claim 3, wherein: a circumferentially welded portion provided along a circumferential direction of the insertion rod is received in the insertion-side opening area of the insertion hole when the tailgate is in the closed position.
Shinamura et al. as modified by Kim does not disclose: weld.
Bobbitt III et al. teaches attachment by a weld for the purpose of attachment to a base member.
It would have been obvious to one having ordinary skill in the art before the time the invention was effectively filed to modify Shinamura et al. as modified by Kim attachment by a weld as taught by Bobbitt III et al. for the expected benefit of attachment to a base member.
Note: the process of welding is given no patentable weight, however, a weld is considered as a form of fastening two elements together and is essentially interchangeable with threaded fasteners, threaded engagement, riveted plates or the like as all are old and well known means of assembly.
Response to Arguments
Applicant’s arguments from the response filed on 13 April 2026 have been fully considered and will be addressed below in the order in which they appeared.
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
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 Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571.272.7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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