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 (i.e., changing from AIA to pre-AIA ) 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 § 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) 1-5, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li CN 103405905. Li discloses an apparatus (8) for facilitating drifting for wheeled vehicles.
The apparatus comprising:
A plastic track (1) having a bottom surface disposed against the ground of a stadium.
Wherein a top surface of said track is configured to induce drifting in a vehicle traveling
on said plastic track. See [0024-25].
Claim Rejections - 35 USC § 103
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10-12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li CN 103405905. Li discloses a plastic track configured to be disposed within a stadium to facilitate car drift racing. But does not disclose shaping the apparatus (8) as a disk or an adhesive. However, it would have been obvious to one of ordinary skill in the art to glue the apparatus to the stadium floor to prevent the apparatus from being lifted off the floor and to make the apparatus in a disk shape to facilitate stunt driving.
Allowable Subject Matter
Claim 6, 8-9, 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 15-19 are allowed.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 1/24/2026