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 .
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-6, 8, 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leopold et al. (US Pat 7,685,901).
Regarding claim 1, Leopold et al. disclose a subassembly for a transport, comprising: a support element 2 having a rigid support member 9 and a movable support member 17 (see Figures 1-3; Col. 3, line 61-Col. 4, line 30); a fixed component 4 having a first surface arranged on top of and facing the rigid support member 17 and a second surface opposite the first surface (see Figures 1-3; Col. 4, lines 15-30); and a cover element 5 arranged on top of and facing the movable support member 17, such that, in a first position, a surface of the cover element 5 adjoins and is coplanar with the second surface of the component 4, the cover element 5 having a free edge surface that is positioned proximate to and facing an edge surface of the component 4 that connects the first surface to the second surface (see Figure 1; Col. 4, lines 1-30), wherein the support element 2 has a lever mechanism 12 which is configured to raise the cover element 5 and the movable support member 17 from the first position to a second position above the second surface of the component 4 so that the surface of the cover element 5 is not coplanar with the second surface of the component 4 in response to a force acting parallel to the surface of the cover element 5 (see Figures 1-3; Col. 3, line 61-Col. 4, line 14).
Regarding claim 2, Leopold et al. disclose the subassembly as claimed in claim 1, wherein the support element 2 has a deformation area 18 (see Figures 1-3; Col. 4, lines 24-30). The deformation area 18 is a hole and creates a stress concentration where deformation would occur when a force is applied.
Regarding claim 3, Leopold et al. disclose the subassembly as claimed in claim 1, wherein the cover element 5 is beveled on its underside toward an edge in an area adjoining the component 4 (see Figure 2; Col. 3, lines 21-29).
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Regarding claim 4, Leopold et al. disclose the subassembly as claimed in claim 1, wherein the lever mechanism 12 has a long lever arm area 13, a short lever arm area 12, and a linkage area 14 (see Figure 3; Col. 3, line 65-Col. 4, line 14).
Regarding claim 5, Leopold et al. disclose the subassembly as claimed in claim 4, wherein the short lever arm area 12 and the linkage area 14 are connected by a connecting area (see Figure 3; Col. 3, line 65-Col. 4, line 14).
Regarding claim 6, Leopold et al. disclose the subassembly as claimed in claim 1, wherein the support element 2 is configured as a single piece (see Figures 1-3).
Regarding claim 8, Leopold et al. disclose the subassembly as claimed in claim 1, wherein the support element 2 has two or more lever mechanisms 12 (see Figure 3; Col. 3, lines 61-67).
Regarding claim 10, Leopold et al. disclose a transport (see Col. 3, lines 11-12), comprising: a subassembly, comprising: a support element 2 having a rigid support member 9 and a movable support member 17 (see Figures 1-3; Col. 3, line 61-Col. 4, line 30); a fixed component 4 having a first surface arranged on top of and facing the rigid support member 17 and a second surface opposite the first surface (see Figures 1-3; Col. 4, lines 15-30); and a cover element 5 arranged on top of and facing the movable support member 17, such that, in a first position, a surface of the cover element 5 adjoins and is coplanar with the second surface of the component 4, the cover element 5 having a free edge surface that is positioned proximate to and facing an edge surface of the component 4 that connects the first surface to the second surface (see Figure 1; Col. 4, lines 1-30), wherein the support element 2 has a lever mechanism 12 which is configured to raise the cover element 5 and the movable support member 17 from the first position to a second position above the second surface of the component 4 so that the surface of the cover element 5 is not coplanar with the second surface of the component 4 in response to a force acting parallel to the surface of the cover element 5 (see Figures 1-3; Col. 3, line 61-Col. 4, line 14).
Regarding claim 11, Leopold et al. disclose the subassembly of claim 1, wherein the cover element 5 further comprises a second free edge surface disposed opposite the free edge surface (see Figures 1-3; Col. 3, lines 21-24).
Allowable Subject Matter
Claims 7 and 9 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 7 recites a subassembly for a transport, comprising: a support element having a rigid support member and a movable support member; a fixed component having a first surface arranged on top of and facing the rigid support member and a second surface opposite the first surface; and a cover element arranged on top of and facing the movable support member, such that, in a first position, a surface of the cover element adjoins and is coplanar with the second surface of the component, the cover element having a free edge surface that is positioned proximate to and facing an edge surface of the component that connects the first surface to the second surface, wherein the support element has a lever mechanism which is configured to raise the cover element and the movable support member from the first position to a second position above the second surface of the component so that the surface of the cover element is not coplanar with the second surface of the component in response to a force acting parallel to the surface of the cover element. The support element is configured as a single piece and the lever mechanism is formed by cutouts of the support element. Leopold et al. disclose a subassembly for a transport having a support element formed of a single piece having a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism to raise the cover element and the movable support member; however, Leopold et al. fail to disclose the lever mechanism is formed by cutouts of the support mechanism. Cressoni (US Pat 4,818,008) disclose a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism formed from cutouts of the support element; however, Cressoni fails to disclose that the fixed component has a first surface facing the rigid support member that is not coplanar with the cover element in a second position. Logsdon et al. (US Pat 4,112,718) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Logsdon et al. fail to disclose the support element comprises a rigid support member and a movable support member. Staines (US Pat 9,834,254) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Staines fails to disclose the support element comprises a rigid support member and a movable support member. Longo et al. (US PG Pub 2022/0136539) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Longo et al. fail to disclose the support element comprises a rigid support member and a movable support member. Bruegl et al. (US PG Pub 2021/0162931) disclose a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, and a lever mechanism; however, Bruegl et al. fail to disclose a cover element arranged on top of and facing the movable support member. Hessheimer (US Pat 10,967,807) discloses a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism; however, Hessheimer fails to disclose the cover element is arranged on top of the movable support member. Welschholz et al. (US Pat 7,469,951) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Welschholz et al. fail to disclose the support element has a rigid support member. Hipshier et al. (US Pat 9,573,529) disclose a subassembly for a transport having a rigid support element with a rigid support member and a movable support member, a fixed component, and a cover element; however, Hipshier et al. fail to disclose a lever mechanism. Maierholzner (US Pat 6,890,012) discloses a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism; however, Maierholzner fails to disclose that the cover element is coplanar with the component in a first position and not coplanar with the component in a second position. The prior art does not properly teach or suggest the recited configuration, making claim 7 allowable.
Claim 9 recites a subassembly for a transport, comprising: a support element having a rigid support member and a movable support member; a fixed component having a first surface arranged on top of and facing the rigid support member and a second surface opposite the first surface; and a cover element arranged on top of and facing the movable support member, such that, in a first position, a surface of the cover element adjoins and is coplanar with the second surface of the component, the cover element having a free edge surface that is positioned proximate to and facing an edge surface of the component that connects the first surface to the second surface, wherein the support element has a lever mechanism which is configured to raise the cover element and the movable support member from the first position to a second position above the second surface of the component so that the surface of the cover element is not coplanar with the second surface of the component in response to a force acting parallel to the surface of the cover element. The surface of the cover element and the surface of the component merge essentially seamlessly into each other. Leopold et al. disclose a subassembly for a transport having a support element formed of a single piece having a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism to raise the cover element and the movable support member; however, Leopold et al. fail to disclose the surface of the cover element and the surface of the component merge essentially seamlessly into each other. Cressoni (US Pat 4,818,008) disclose a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism formed from cutouts of the support element; however, Cressoni fails to disclose that the fixed component has a first surface facing the rigid support member that is not coplanar with the cover element in a second position. Logsdon et al. (US Pat 4,112,718) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Logsdon et al. fail to disclose the support element comprises a rigid support member and a movable support member. Staines (US Pat 9,834,354) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Staines fails to disclose the support element comprises a rigid support member and a movable support member. Longo et al. (US PG Pub 2022/0136539) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Longo et al. fail to disclose the support element comprises a rigid support member and a movable support member. Bruegl et al. (US PG Pub 2021/0162931) disclose a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, and a lever mechanism; however, Bruegl et al. fail to disclose a cover element arranged on top of and facing the movable support member. Hessheimer (US Pat 10,967,807) discloses a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism; however, Hessheimer fails to disclose the cover element is arranged on top of the movable support member. Welschholz et al. (US Pat 7,469,951) disclose a subassembly for a transport having a support element, a fixed component, a cover element, and a lever mechanism; however, Welschholz et al. fail to disclose the support element has a rigid support member. Hipshier et al. (US Pat 9,573,529) disclose a subassembly for a transport having a rigid support element with a rigid support member and a movable support member, a fixed component, and a cover element; however, Hipshier et al. fail to disclose a lever mechanism. Maierholzner (US Pat 6,890,012) discloses a subassembly for a transport having a support element with a rigid support member and a movable support member, a fixed component, a cover element, and a lever mechanism; however, Maierholzner fails to disclose that the cover element is coplanar with the component in a first position and not coplanar with the component in a second position. The prior art does not properly teach or suggest the recited configuration, making claim 9 allowable.
Response to Arguments
Applicant’s arguments, see Remarks, filed July 17, 2026, with respect to the rejections of claims 1-11 under 35 USC 102(a)(1) and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Leopold et al. (US Pat 7,685,901).
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 VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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