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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1, 4-5, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai et al. (EP 4159604 A1) hereinafter, Tsai.
Regarding claim 1, Tsai teaches a motorcycle floor mat (9), adapted to be placed on a foot pedal (33) of a motorcycle (1), the motorcycle floor mat comprising:
a base (50), adapted to be placed on the foot pedal and having a receiving groove (66c); and
a folding bracket (51), pivotally connected to the receiving groove and adapted to be raised from the receiving groove (Figures 16- 17).
Regarding claim 4, Tsai teaches that a pivot direction (511) of the folding bracket is a direction from a front of the motorcycle to a rear of the motorcycle (Annotated Figure 16b).
Regarding claim 5, Tsai teaches that the folding bracket is pivotally connected to an inner wall of the receiving groove (Figures 16a- 16c).
Regarding claim 8, Tsai teaches that the base further has a slide rail (58a) arranged in the receiving groove, and the folding bracket is pivotally connected to the slide rail and adapted to move along the slide rail (Figures 16b- 16c).
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Claim(s) 10 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Yokoyama (WO 2020/165965 A1).
Yokoyama teaches a motorcycle (1), comprising a housing (inner space of 9) and a folding bracket (9b), wherein the housing comprises a foot pedal (9c), the foot pedal has a receiving groove (9d), and the folding bracket is pivotally connected to the receiving groove and adapted to be raised from the receiving groove (Figures 1 and 5-6).
Allowable Subject Matter
Claims 2-3, 6-7, and 9 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 2 recites that the receiving groove is arranged on the first surface, and when the folding bracket is received in the receiving groove, the folding bracket does not protrude from the first surface.
Claim 6 recites a support member pivotally connected to the folding bracket and the inner wall of the receiving groove.
Claim 9, recites that the base further has multiple limit structures arranged on the slide rail and adapted to limit a position of the folding bracket on the slide rail.
Since the prior art (e.g. Tsai) teaches motorcycle floor mat that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 3, 4A, and 6 of the examined disclosure shows the motorcycle floor mat, which is different than the motorcycle floor mat taught by the prior art of record (Fig. 9A of Tsai and Fig. 5 of Yokoyama, etc.).
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach motorcycle floor mats of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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/H.S./Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611