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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/8/25 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 16 after “light emitter” the word “being” should be replaced with “is” for clarity. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: In line 14 after “light emitter” the word “being” should be replaced with “is” for clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 7, 10, 12-14 and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 7 both disclose the limitation of “at least some of the light fixtures are attached to rotating components so as enhance a neon glow of the remote control vehicle while the remote control vehicle moves” but the specification as originally filed does not teach any other additional components in addition to the light fixtures of the wheels that can be included and configured to rotate as such the specification fails to support the combination of the stationary light fixtures on the wheels and light fixtures further provided on additional rotating components as claimed. For the purposes of examination, claims 1 and 7 will be interpreted as having the limitation relating to the light fixtures attached to rotating components being omitted from the claims.
Claim 7 is further directed to an aircraft embodiment with a wing and actuatable trim tabs for actuating control over operations of the vehicle and the specification fails to disclose that these components are useable with the also required “structure selected from the group consisting of: a roll cage, a wheelie bar, and rotatable handlebars, wherein the structure allows for 360º flipping, rolling, or spinning of the vehicle” which instead appear to be potential components of an ATV embodiment. For the purposes of examination this claim will be interpreted as having this limitation related to the group of structure elements omitted.
Claim 13 discloses that the vehicle further includes a wing flap but the specification as originally filed fails to provide support for the inclusion of these features in combination with the “ATV” embodiment of the vehicle having the drift rear wheels as presented in claim 1 and as such the specification does not support the features as now combined in the claims as presented. For the purposes of examination, the claim will be interpreted as being omitted.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 7, 10, 12-14 and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the axle" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the axle" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 7, 10, 12-14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA HYLINSKI whose telephone number is (571)272-2684. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711