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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Specifically, line 1 of the abstract should perhaps be rewritten or “disclosure” changed to “invention”. Additionally, on line 12, “the vehicle of the disclosure” should perhaps be “the vehicle” with “of the disclosure” removed entirely.
The disclosure is objected to because of the following informalities: at [0022], line 5, “the phrase “reversibly fixed” is unclear. It is unclear if applicant intended to recite rotatably fixed instead. No further information is provided as to what applicant intends for this phrase to mean. Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the hook and loop fasteners of claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 3 and 7 are objected to because of the following informalities:
In claim 3, on line 5, a comma should be inserted after “a first angle of inclination”, on line 6, a comma should be inserted after “is located”, and on line 7, a comma should perhaps be inserted after “inclination”.
In claim 7, line 2, a comma should be inserted after “liming groove”. On line 3, a comma should be inserted after “movable end”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-10 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 pre-AIA the applicant regards as the invention.
Claim 1, line 3, “reversibly fixed” is unclear and indefinite as to the meaning of the term. It is unclear if this was a translation error or if applicant intended to recite rotatably fixed instead. If so, applicant should make this clear in the next correspondence. Applicant is free to act as their own lexicographer and redefine terms. However, applicant has not apparently done so in this instance since no definition is provided in the specification nor in the claim language.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the primary reason for the indication of allowable subject matter for the claim in this application is the inclusion of the specific the suspension mechanism comprising a stop member and a limiting member cooperating with each other, the stop member having a fixed end fixed to a lower surface of the rear floor and a movable end capable of extending to a lower surface of the front floor, where when the rear floor is flipped the movable end abuts against the limiting member such that the rear floor is suspended, in combination with the other elements recited, which is not found in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows trunk floor or shelf type mounting structure for a vehicle trunk or boot comprising a floor with two or more pieces or portions (front floor and rear floor) hinged to one another (for example, DE 102016208551). The floors are capable of being pivoted or flipped relative the vehicle at obtuse angles (see CN 216128353 or DE 102008019396) from an initial position to an angled position. Limiting members are known to be arranged on left or right sidewalls of the boot for limiting movement of a portion of the floor. The limiting members (see again DE 551) can be openings for receiving pins or catches or alternatively can include components to retract or protrude from the sidewalls (DE 102018208345 and US 12409784) of the boot to effect limiting the movement of the floor. However, the prior art does not apparently provide for the specific suspension mechanism including the stop recited with a fixed end fixed to a lower surface of the rear floor and a free movable end at a lower surface of the front floor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PAUL DICKSON can be reached on 571.272.7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3614