DETAILED ACTION
The office action is in response to original application filed on 8-11-25. Claims 1-25 are pending in the application and have been examined.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted filed before the mailing of a first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97(b) (3). Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 8, 14 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 3, 5, 9 and 14 of U.S. Patent No. 12,240,533. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 8, 14 and 20 of the current application is anticipated by claims 2, 3, 5, 9 and 14 of U.S. Patent No. 12,240,533.
Below is the chart showing the similarities and differences between claims 1, 8, 14 and 20 of the present application and claims 2, 3, 5, 9 and 14 of U.S. Patent No. 12,240,533.
Present Application: 19/288,080
U.S. Patent No. 12,240,533
Claim 1: a hitch receiver; a vehicle bed; a tailgate assembly including a first gate panel and a second gate panel, the first gate panel configured to pivot with respect to the vehicle bed between a vertical position and a horizontal position, the tailgate assembly coupled to a tailgate power circuit configured to supply power to at least a portion of the tailgate assembly to cause the second gate panel to pivot with respect to the first gate panel; and
a tailgate deactivation system operably coupled to the tailgate power circuit, the tailgate deactivation system configured to disable the second gate panel from pivoting with respect to the first gate panel; wherein actuation of the tailgate deactivation system allows the tailgate assembly to be placed in any of a plurality of tailgate configurations, including:
a first configuration with the first gate panel in the horizontal position and the second gate panel inhibited from being pivoted with respect to the first panel;
a second configuration with the first gate panel in the horizontal position and the second gate panel enabled to be pivoted with respect to the first panel;
a third configuration with the first gate panel in the vertical position and the second gate panel inhibited from being pivoted with respect to the first panel; and a fourth configuration with the first gate panel in the upward vertical position and the second gate panel enabled to be pivoted with respect to the first panel.
Claim 14: A vehicle, comprising:
a hitch receiver apparatus; a vehicle bed; a multi-functional tailgate having a primary gate panel with an inner gate panel, with the inner gate panel being rotatable about a first horizontal axis extending through the primary gate panel a certain distance above a second horizontal axis about which the primary gate panel is rotatable, the primary gate panel being configured to pivot between an upward vertical position and a horizontal position relative to the vehicle bed and with the inner gate panel being configured to independently pivot relative to the primary gate panel; a power source operable to deliver power to the multi-functional tailgate to enable the inner gate panel to be pivoted relative to the primary gate panel; and
a circuitry electrically coupled between the power source and the multi-functional tailgate and operable to enable or disable power delivery associated with the inner gate panel by the power source; and
wherein the vehicle is operable to control the circuitry to enable or disable the power delivery associated with the inner gate panel based on an input signal associated with the inner gate panel being enabled or inhibited from being downwards pivoted relative to the primary gate panel.
Claim 8: A method of operating a tailgate deactivation system for a vehicle having a tailgate assembly and a tailgate power circuit, the tailgate assembly including a first gate panel and a second gate panel, wherein the first gate panel is configured to pivot with respect to a bed of the vehicle between a vertical position and a horizontal position, and wherein the tailgate assembly is coupled to a tailgate power circuit configured to supply power to at least a portion of the tailgate assembly to cause the second gate panel to pivot with respect to the first gate panel, the method comprising: pressing an actuator button at a first time to cause the tailgate deactivation system to transition from a first state to a second state, wherein in the second state the switch is configured to inhibit power from flowing in the tailgate power circuit; and pressing the actuator button at a second time to cause the tailgate deactivation system to transition from the second state to the first state, wherein in the first state the switch is configured to allow power to flow in the tailgate power circuit.
Claim 2: a switch circuitry configured to have an on state and an off state, wherein, in the on state, the switch circuitry is configured to enable the power delivery associated with the inner gate panel, and wherein, in the off state, the switch circuitry is configured to inhibit the power delivery associated with the inner gate panel.
Claim 3: a switch circuitry configured to be electrically coupled to a tailgate power circuitry that supplies power to the multi-functional tailgate, with the switch circuitry having an on state and an off state, wherein, in the on state, the switch circuitry is configured to enable power delivery from the tailgate power circuitry, and wherein, in the off state, the switch circuitry is configured to inhibit the power delivery from the tailgate power circuitry.
Claim 14: a multi-panel tailgate assembly comprising a primary gate panel configured to pivot with respect to a bed of the vehicle between a closed, vertical position and an open, horizontal position, and an inner gate panel configured to be coplanar with the primary gate panel in a closed position and in an open position to extend below a horizontal plane of the primary gate panel when the primary gate panel is in the open, horizontal position; a tailgate power circuit configured to supply power to the multi-panel tailgate assembly to cause the inner gate panel to assume the open position; and a tailgate deactivation system operably coupled to the tailgate power circuit and configured to selectively disrupt power supplied to the multi-panel tailgate assembly, thereby preventing the inner gate panel from assuming the open position.
Claim 5: A vehicle, comprising:
a hitch receiver apparatus; a vehicle bed; a multi-functional tailgate having a primary gate panel with an inner gate panel, with the inner gate panel being rotatable about a first horizontal axis extending through the primary gate panel a certain distance above a second horizontal axis about which the primary gate panel is rotatable, with the primary gate panel being configured to pivot between an upward vertical position and a horizontal position relative to the vehicle bed and with the inner gate panel being configured to independently pivot relative to the primary gate panel, with the inner gate panel being further configured to be pivoted to a downward vertical position while the primary gate panel is in the horizontal position relative to the vehicle bed such that a portion of the inner gate panel is proximate the hitch receiver apparatus; a circuitry operable to enable or disable power delivery associated with the inner gate panel; and
wherein the vehicle is operable to control the circuitry to configure the multi-functional tailgate in one of a set of multi-functional tailgate configurations, including:
a first configuration with the primary gate panel in the horizontal position and enabled to be pivoted and the inner gate panel inhibited from being downwards pivoted;
a second configuration with the primary gate panel in the horizontal position and enabled to be pivoted and the inner gate panel enabled to be downwards pivoted;
a third configuration with the primary gate panel in the upward vertical position and enabled to be pivoted and the inner gate panel inhibited from being downwards pivoted; and
a fourth configuration with the primary gate panel in the upward vertical position and enabled to be pivoted and the inner gate panel enabled to be downwards pivoted.
Claim 20: A method of operating a vehicle having a multi-panel tailgate assembly comprising a primary gate panel configured to pivot with respect to a vehicle bed between a closed, vertical position and an open, horizontal position, and an inner gate panel configured to be coplanar with the primary gate panel in a closed position and in an open position to extend below a horizontal plane of the primary gate panel when the primary gate panel is in the open, horizontal position, the vehicle further comprising a tailgate power circuit configured to supply power to the multi-panel tailgate assembly to cause the inner gate panel to assume the open position, the method comprising: selectively activating a tailgate deactivation system operably coupled to the tailgate power circuit and configured to disrupt power supplied to the multi-panel tailgate assembly, thereby preventing the inner gate panel from assuming the open position.
Claim 9: A method, comprising:
by a vehicle having a hitch receiver apparatus and a multi-functional tailgate having a primary gate panel with an inner gate panel, wherein the inner gate panel is rotatable about a first horizontal axis extending through the primary gate panel a certain distance above a second horizontal axis about which the primary gate panel is rotatable, with the primary gate panel being configured to pivot between an upward vertical position and a horizontal position relative to the vehicle and with the inner gate panel being configured to independently pivot relative to the primary gate panel, with the inner gate panel being further configured to be pivoted to a downward vertical position while the primary gate panel is in the horizontal position relative to the vehicle such that a portion of the inner gate panel is proximate the hitch receiver apparatus of the vehicle, with the vehicle also including a power source operable to deliver power associated with the inner gate panel to enable the inner gate panel to be downwards pivoted relative to the primary gate panel and including a circuitry electrically coupled between the power source and the inner gate panel and operable to enable or disable power delivery associated with the inner gate panel by the power source so that the inner gate panel can be respectively enabled to be downwards pivoted or inhibited from being downwards pivoted relative to the primary gate panel; and
controlling the circuitry to enable or disable the power delivery associated with the inner gate panel based on an input signal associated with the inner gate panel being enabled or inhibited from being downwards pivoted relative to the primary gate panel.
Allowable Subject Matter
Claims 1-25 are allowable over the prior art with resolution of above Double Patenting rejection.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
• LEWIS et al. US 2019/0249479 Al- A method and apparatus that prevent a collision with a hitch accessory are provided. The method includes detecting an input to open a gate or detecting a gate opening motion, determining whether hitch accessory is present in a path of the gate opening motion, and in response to determining that the hitch accessory is absent from the path, opening the gate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESAYAS G YESHAW whose telephone number is (571)270-1959. The examiner can normally be reached Mon-Sat 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menna Youssef can be reached at 5712703684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ESAYAS G YESHAW/Examiner, Art Unit 2836
/Menatoallah Youssef/SPE, Art Unit 2836
