DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The applicant failed to include proper claim markings in claim 39 to indicate it is now depending from claim 31 and no longer dependent from claim 30.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 39 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 39 is rejected as incomplete because it improperly depends from cancelled claim 31. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 – 5, 7 – 12, 15, 21, 30, 32 – 34, 38, and 40.
Regarding claim 1, the prior art does not disclose a drivetrain assembly configured to propel a vehicle, as claimed in claim 1, further wherein the lever including a longitudinally extending main body made of a first material, the main body including a handle at a first end of the main body, a plurality of mounting holes toward a middle of the main body, and an outwardly extending pin toward a second end of the main body, the pin being configured to allow relative longitudinal movement of the socket and the main body of the lever when the pin is received in the longitudinal slot of the socket and the pin being configured to prevent relative longitudinal movement of the socket and the main body of the lever when the pin is received in the transverse slot of the socket;
a brake bar selectively securable at one of the plurality of mounting holes, the brake bar being made of the second material different than the first material; and
mounting hardware configured to secure the brake bar to the main body at the one of the plurality of mounting holes. Claims 2 – 5, and 7 – 12 and 15 depend from claim 1, and therefore, are allowable for the same reasons.
Regarding claim 21, the prior art does not disclose a drivetrain assembly, as claimed, and further wherein a plurality of mounting holes toward a middle of the main body, and an outwardly extending pin toward a second end of the main body, the pin being configured to allow relative longitudinal movement of the socket and the main body of the lever when the pin is received in the longitudinal slot of the socket and the pin being configured to prevent relative longitudinal movement of the socket and the main body of the lever when the pin is received in the transverse slot of the socket;
a brake bar selectively securable at one of the plurality of mounting holes. Claims 30, 32 – 34, 38 and 40 depend from claim 21, and therefore, are also allowed.
Response to Arguments
Applicant's arguments filed May 21, 2026 have been fully considered but they are persuasive. However, the amendment to claim 39 is improper, therefore, this application is finally rejected.
Conclusion
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 Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/Examiner, Art Unit 3611
/KEVIN HURLEY/Primary Examiner, Art Unit 3611
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