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 .
This office action was made in response to an amendment filed 10/6/2025.
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.
Claim(s) 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (CN 211364786). Chen discloses:
With regard to claim 7 - A tilting vehicle comprising:
a rear portion 40, and
a carrier device 10, 20 connected to the rear portion, wherein:
the carrier device 10, 20 comprises a receiving portion 20 for detachable fastening of a luggage container and is connected to the rear portion 40 by at least one first support 31, 32 in a region of the receiving portion 20 and is connected to the rear portion by at least one second support 30 arranged spaced apart from the at least one first support 31, 32, the at least one first support 31, 32 is formed such that the at least one first support 31, 32 does not transmit any torque;
the at least one first support 31, 32 comprises an elastic connection element (skid-proof cushion 35) for uncoupling a movement of the carrier device 20 with respect to the rear portion 40; and
the at least one second support 30 is formed as a rigid connection (see Fig. 1).
With regard to claim 8 - wherein the at least one first support 31, 32 is formed as a fixed bearing (see Fig. 3).
With regard to claim 9 - wherein the at least one first support 31, 32 is formed as a cylinder joint (see Fig. 3).
With regard to claim 14 - wherein the luggage container 50 is a case or a bag.
With regard to claim 15 - wherein the luggage container 50 is a top case (see Fig. 3).
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) 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chen. Chen fails to disclose wherein a spacing of the at least one second support from the at least one first support has a value between 5 and 40 cm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the carrier device such that a spacing of the at least one second support from the at least one first support has a value between 5 and 40 cm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 7-9 and 12-15 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
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/TIMOTHY WILHELM/ Primary Examiner, Art Unit 3614 January 22, 2026
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