DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 17 is objected to because of the following informalities:
Claim 17 – line 4, “with personal” should be –with the personal—to remove awkwardness and for added clarity.
Appropriate correction is required.
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, 6, 12, 18, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall ‘843.
Claim 1, Hall teaches a vehicle with a body and a floor (column 3, lines 41-43). The device includes a track (i.e. the continuous floor segment made up by elements 36A, 37A, and 60 – see column 5, lines 34-36) supported by the floor and secured thereto by fasteners. Hall further teaches a first anchor (including end anchor portion 43 attached to track segment 37A as seen in figure 1). Hall additionally teaches a second anchor (including end anchor portion 43 attached to track segment 36A as seen in figure 1). Each of the anchors are supported by and movable along the track (column 4, line 68 through column 5, line 32) and configured to engage with a personal mobility device (wheelchair 11) – see figure 1.
Claim 2, hook 161 is part of the first anchor assembly and is engageable with the personal mobility device (e.g. at wheelchair frame member 13) as broadly claimed – see figure 1.
Claim 3, portion 62 reads on a main portion of the first anchor assembly , and hook 161 faces forward of the main portion as broadly claimed – see figure 8.
Claim 4, in as much as the first member is at the forward end of the mobility device (11) and the second anchor is at a rearward end of the mobility device, the first anchor is deemed forward of the second anchor as broadly claimed.
Claim 6, element 161 of the first anchor assembly reads on a main portion, and element 62 reads on a head unit as very broadly claimed. The relied upon head unit is removable from the main portion and is engageable with the mobility device (at frame 13 of wheelchair 11) as broadly claimed.
Claim 12, the first anchor is adjustable in length via buckle 34.
Claim 18, the personal mobility device (i.e. the wheelchair) is supported by the floor and engaged with the first and second anchors – e.g. see figure 1.
Claim 19, the mobility device is a wheelchair – see wheelchair 11.
Claim 20, the first anchor assembly is movable on a track axis of movement (defined by slot 44) – see column 5, lines 9-13 and lines 20-25.
Claim(s) 1, 2, 3, 12, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gresham ‘775.
Claim 1, Gresham teaches a vehicle with a body and a floor (200) – see the abstract. The device includes a track (10) supported by the floor (column 1, lines 58-62), a first anchor (i.e. frontmost connector 12,13 as seen in figure 1), and a second anchor (i.e. rearmost connector 12,13 as seen in figure 1). Each of the anchors are supported by and movable along the track (e.g. via securement in different ones of track slots 10a) and configured to engage with a personal mobility device (wheelchair 100; column 3, lines 13-21).
Claim 2, see hook 15 of the first anchor which engages the mobility device 100 – figure 1.
Claim 3, portion 12 of the first anchor reads on a main portion and to the extent that the end of hook 15 faces a forward direction, the hook is deemed to face forward of the main portion as very broadly claimed.
Claim 12, the relied upon first anchor is adjustable in length via buckle 14– see the first paragraph in column 4.
Claim 18, the relied upon personal mobility device (i.e. the wheelchair) is supported by the floor and engaged with the first and second anchor – e.g. see figure 1.
Claim 19, the mobility device is a wheelchair – see wheelchair 100.
Claim(s) 1, 4-5, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cencer et al. ‘779.
Claim 1, Cencer teaches a vehicle (e.g. a railcar) with a body and a floor (22; paragraph 0030, lines 2-3) including a track supported by the floor (track element 24; paragraph 0051, lines 8-9), and a first anchor (at 70) supported by and movable along the track (e.g. note figure 3B and positioning holes located longitudinally along the track for securing the first anchor at differing positions along the track) and configured to engage with a personal mobility device (e.g. a car 30 which is mobile to transport an individual from place to place and defines “a personal mobility device” as broadly referenced). The device further includes a second anchor (at 40) which is additionally supported by and movable along the track (e.g. again note figure 3B and positioning holes located longitudinally along the track for securing the second anchor at differing positions along the track) and configured to engage with a personal mobility device (e.g. a car 30 which is mobile to transport an individual from place to place and defines “a personal mobility device” as broadly referenced).
Claim 4, first anchor 70 is forward on the wheel from second anchor 40 and is forwardly positioned from the second anchor as broadly claimed – e.g. see figure 1A.
Claim 5, the first anchor 70 is shorter than the second anchor 40 – e.g. see figure 3B.
Claim 18, as discussed above, vehicle 30 is mobile to transport an individual from place to place and defines “a personal mobility device” as broadly referenced. The mobility device is supported by floor 22, and the anchors engage with the mobility device – see figures 1A, 1B, and 3B.
Claim 20, the longitudinal axis of track 24 defines an axis of movement along which the first anchor 70 is movable (e.g. note figure 3B and positioning holes located longitudinally along the track for securing the first anchor at differing positions along the track).
Claim(s) 1, 6, 12-13, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saldana ‘223.
Claim 1, Saldana teaches a vehicle (e.g. a pickup truck – figure 1) with a body and a floor (i.e. the cargo bed floor of the pickup truck) including a track (12) supported by the floor (paragraph 0026, lines 4-6), a first anchor (left post assembly 14, 16 as seen in figure3), and a second anchor (right post assembly 4, 16 as seen in figure 3). Each of the anchors are supported by and movable along the track (paragraph 0013, lines 4-6) and configured to engage with a personal mobility device (e.g. a motorcycle which is mobile to transport an individual from place to place and defines “a personal mobility device” as broadly referenced; figure 1; paragraph 0013, lines 1-3).
Claim 6, portion 14 of the first anchor reads on a main portion, and portion 16 on the first anchor reads on a head unit as broadly claimed. Note portion 16 is removable from portion 14 and engages the relied upon personal mobility device – e.g. see figures 1 and 2.
Claim 12, the relied upon first anchor is adjustable in length – see paragraph 0030.
Claim 13, first anchor element 16 is slid within first anchor element 14 for adjusting length and define telescoping members as broadly claimed – see paragraph 0030.
Claim 18, the relied upon personal mobility device (i.e. the motorcycle) is supported by the floor and engaged with the first and second anchor – e.g. see figure 1.
Claim 20, the longitudinal axis of track 12 defines an axis of movement, and the first anchor is movable along this axis – see paragraph 0013, lines 3-6.
Claims 7-11 and 14-16 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.
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to correct the minor informality noted above and additionally rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Van Roosmalen et al. ‘286 and Cardona ‘837 are cited as additional examples of personal mobility device/wheelchair securing systems for transport vehicles.
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/STEPHEN T GORDON/Primary Examiner, Art Unit 3612