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”.
Claim Interpretation
With regard to the term “associated with” the examiner is interpreting the phrase as “one with” or alternatively “connected with”.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. The specification in multiple instances refers to CN200961412Y which is not cited on the IDS.
Specification
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
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 semi-circumference shape of claim 1; the second side associated (connected with) the circular rail in a sliding manner of claim 2; the window associated with the door of claim 5; the window associated with the guiding and movement assembly 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
Claim 7 is objected to because of the following informalities: the recitation “hinged to said rotational pin and that said second stretch” should be “hinged to said rotational pin and said second stretch” (thereby eliminating the term “that”). 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.
For claim 1, it is unclear what is meant by the recitation “in a semi-circumference” since the term is not defined. Applicant may be their own lexicographer but has not done so in this instance. Perhaps applicant intended to recite “shaped in a semi-circle” instead.
Claim 2 recites “said opening configuration” and “said closing configuration” each of which lacks antecedent basis in the claims as previously “at least one opening” and “at least one closing” configuration was recited.
Claim 3 recites the limitations “the curvature” (of said second side) and “the curvature” (of the circular rail) both which lack antecedent basis in the claims.
Claim 5 recites the window is “movable between said closing configuration and said opening configuration” which is unclear and indefinite as to what applicant is attempting to recite. Specifically, the door was set forth to have “at least one closing configuration” (claim 1) and “at least one opening configuration” (claim 1). There is no recitation, however, to the window having an opening or closing configuration and it is unclear how the window is movable between the two configurations of the door. Further explanation is requested.
Claim 5 recites “said opening configuration” and “said closing configuration” each of which lacks antecedent basis in the claims as previously “at least one opening” and “at least one closing” configuration was recited.
Claim 6 is indefinite for the recitation of the first stretch which “overlaps substantially mating” and the second stretch which “overlaps substantially mating”. Perhaps applicant intended to recite that the first stretch “overlaps, substantially mating, said first side” and the second stretch “overlaps, substantially mating” the second side but it is still unclear how the overlapped stretches of the window substantially mate the respective sides of the door. It is unclear how the two components mate one another as recited.
Claim 6 further recites again that the window is “in said opening configuration” and “in said closing configuration” but these configurations were defined for the door not the window. No configurations have been defined for the window itself and further explanation is requested.
Claim 6 further recites “a semi-circumference” which is unclear and not defined.
Claim 6 further recites in the closing configuration (which is unclear), the stretch (14) of window is associated “alongside” the second side which is unclear. In a closed configuration of the door and window, the stretch (14) is not positioned alongside the second side (7).
Claim 6 recites “said opening configuration” and “said closing configuration” (both instances) each of which lacks antecedent basis in the claims as previously “at least one opening” and “at least one closing” configuration was recited.
Claim 7 recites “said circular rail” which lack antecedent basis in the claim as the circular rail was introduced in claim 2 and not claim 1 from which this claim indirectly depends.
Claim 7 recites “said opening configuration” and “said closing configuration” each of which lacks antecedent basis in the claims as previously “at least one opening” and “at least one closing” configuration was recited.
Claim 9 recites “said circular rail” which lack antecedent basis in the claim as the circular rail was introduced in claim 2 and not claim 1 from which this claim indirectly depends.
Claim 9 recites “the curvature” (of the second stretch) and “the curvature” (of the circular rail) both of which lack antecedent basis in the claim.
Claim 10 recites “at least a first opening configuration”, “it”, and “at least a second opening configuration” all of which lack antecedent basis in the claim.
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 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.
(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.
Claims 1 and 5-6, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 807.
For claim 1, FR 2770807 discloses a motor vehicle (FIGS.9-13) provided with an improved car door, comprising:
- at least one basic chassis (implicit);
- a plurality of wheels (not numbered, FIGS.9-13) associated with said basic chassis and movable along at least one anteroposterior direction (longitudinal direction) for the forward movement of said motor vehicle;
- at least one compartment (FIGS.9-10) intended to accommodate at least one passenger;
- at least one car door (1,2) associated with said basic chassis so as to be rotatable around at least one axis of rotation (6) substantially horizontal and orthogonal to said anteroposterior direction; wherein:
- said car door (1,2) comprises at least one opening door (2) provided with at least a first side (near 7,8, FIGS.1-2) substantially rectilinear in shape, and with at least a second side (lower side), associated with said first side, substantially shaped with in a semi-circumference (partial circle);
- said motor vehicle comprises at least one guiding and movement assembly (4) associated with said basic chassis and adapted to move said car door (2) between:
at least one closing configuration (FIG.1), wherein said first side is arranged substantially horizontal, and
at least one opening configuration (FIG.2), wherein said first side is arranged substantially vertical.
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For claim 5, said car door comprises
at least one window (1) which is associated with said opening door (5) and is movable between a window closing configuration and a window opening configuration.
For claim 6, the window is provided with:
- at least a first stretch (at a bottom portion thereof) which is shaped substantially straight and is substantially mated with said first side of the door in said opening configuration and in said closing configuration; and with
- at least a second stretch (top portion thereof), associated with said first stretch, which is substantially shaped in a semi-circle and is substantially mated with said second side of the door in said opening configuration and adjacent said second side in said closing configuration to define a complete circumference with said second side.
Allowable Subject Matter
Claims 2-4 and 7-10 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JPS 59230819 (JPS 819) discloses a motor vehicle provided with an improved car door, comprising:
- at least one basic chassis (implicit);
- a plurality of wheels (FIG.1) associated with said basic chassis and movable along at least one anteroposterior direction for the forward movement of said motor vehicle;
- at least one compartment intended to accommodate at least one passenger;
- at least one car door (3) associated with said basic chassis so as to be rotatable around at least one axis of rotation (8) substantially horizontal and orthogonal to said anteroposterior direction;
- said car door comprises at least one opening door provided with at least a first side (3b) substantially rectilinear in shape, and with at least a second side (4b), associated with said first side, substantially shaped in a semi-circle;
- said motor vehicle (1) comprises at least one driving and movement assembly associated with said basic chassis and adapted to move said car door (3) between
at least one closing configuration (FIG.1), wherein said first side is arranged substantially vertical, and
at least one opening configuration (FIG.2), wherein said first side is arranged substantially vertical. JPS 819 lacks the first side being horizontal in a closing configuration.
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DE 4405874 (DE 874) teaches a vehicle including a door (3) being configured such that in a closed configuration a first side (12) of the door (3) is positioned horizontally (below, left).
GB 555987 (GB 987) teaches a door including a window (74) that includes a first side positioned horizontally when the window is in a closed configuration (below, right).
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GB 085 discloses a motor vehicle provided with an improved car door, comprising:
- at least one basic chassis (10);
- a plurality of wheels associated with said basic chassis (10) and movable along at least one anteroposterior direction for the forward movement of said motor vehicle;
- at least one compartment intended to accommodate at least one passenger;
- at least one car door (12) associated with said basic chassis (10) so as to be rotatable around at least one axis of rotation (13) substantially horizontal and orthogonal to said anteroposterior direction;
- said car door (12,12, FIGS.1-2) comprises at least one opening door provided with at least a first side (18) substantially rectilinear in shape, and with at least a second side (17), associated with said first side (18), substantially shaped in a semi-circle;
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- said motor vehicle (1) comprises at least one driving and movement assembly (FIG.2) associated with said basic chassis and adapted to move said car door (12) between
at least one closing configuration, with said first side is arranged substantially vertical, and
at least one opening configuration, with said first side (7) is arranged substantially vertical.
GB 085 provides the 180 degrees of rotation so that in both configurations the first side is vertical. This differs from the current invention which allows for a rotation of 90 degrees such that in the closed configuration, the first side is horizontal.
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.
Information regarding the status of an application may be obtained from the Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Should you have questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3614