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 .
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-11 and 18, drawn to an assembly to be mounted on a vehicle.
Group II, claim(s) 12-17, drawn to a fastener assembly.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I and II lack unity of invention because the groups do not share the same or corresponding technical feature. Particularly, the special technical feature of Group I is drawn to hinge and actuator arrangements with respect to primary and secondary frames which fails to correspond to the special technical feature of Group II which is drawn to a sleeve and nut arrangement of a fastener.
During a telephone conversation with Mr. Daniel Xu on 3/9/26 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-11 and 18. Affirmation of this election must be made by applicant in replying to this Office action. Claims 12-17 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Specification
The abstract of the disclosure is objected to because it appears on more than a single page. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Poindexter (US 2004/0018076).
The Poindexter reference discloses an assembly mounted to a vehicle 24 comprising a primary frame (28,32), a secondary frame 36, a hinge 80, a first actuator 140 and a second actuator 104, as claimed.
In regard to claim 2, see axis proximate reference numeral 104.
In regard to claim 3, see axis proximate reference numeral 140.
In regard to claim 4 and 5, see slidable cross member 68.
In regard to claim 6 and 7, see plurality of elongated and cross members (44,52,48,49).
In regard to claim 8, see telescopic coupling/fastener described in paragraph [0047].
Claim(s) 1-3,6,7 and 9-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Killgour et al. (US 2017/0057392).
The Killgour et al. reference discloses an assembly 1 mounted to a vehicle comprising a primary frame (67,47), a secondary frame (57,65), a hinge 11, a first actuator 19 and a second actuator 9, as claimed.
In regard to claim 2, see axis proximate reference numeral 9.
In regard to claim 3, see axis proximate reference numeral 19.
In regard to claim 6 and 7, see plurality of elongated and cross members in Figure 2,5 and 7.
In regard to claim 9, see first catch proximate reference numeral 39 and a second catch proximate reference numeral 61.
In regard to claim 10, see abutting portion 61.
In regard to claim 11, see plate (11,39).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Kendall et al. reference pertains to a tiltable vehicle assembly with similarities to that of Applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN O DOUGLAS whose telephone number is (571)272-4885. The examiner can normally be reached Monday - Thursday 5:30-4:00 EST.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN O DOUGLAS/Primary Examiner, Art Unit 3612