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 .
Response to Amendment
Applicant’s amendment necessitated new grounds of rejection. This action is made final in view of the new grounds of rejection.
Election/Restrictions
Newly submitted claim 5 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Restriction to one of the following inventions is required under 35 U.S.C. 121:
Invention I. Claims 1-4, drawn to a vehicle engagement member, classified in F16B 5/126.
Invention II. Claim 5, drawn to a method of manufacturing, classified in B29C 45/332.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as process of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case the product of Invention I could be made using any method of manufacturing not specified in Invention II.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 5 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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)(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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al. (US 8,245,367), hereinafter Kato.
In re. claim 1, Kato teaches a vehicular engagement member for a vehicle (vehicle body panel (1)) (fig. 1) comprising: a base portion (22); and an engagement portion (25) integrally molded with the base portion (fig. 2), the engagement portion including a rectangular tube portion (31) protruding from the base portion in an extension direction (fig. 2) and an engagement claw portion (35) protruding from the rectangular tube portion in a protruding direction orthogonal to the extension direction (fig. 2), the engagement portion being engageable with a vehicle through the engagement claw portion (fig. 5A), wherein the base portion has a wall portion (38) disposed opposing the rectangular tube portion and spaced from the rectangular tube portion in the protruding direction (fig. 2), and the wall portion protruding from the base portion in the extension direction (fig. 2), and the wall portion has a space portion at a position opposing the engagement claw portion (recessed space between diameters of elements 38 and 39) (fig. 2), the space portion being formed by a recess in the wall portion (fig. 2).
In re. claim 2, Kato teaches the vehicular engagement member according to claim 1, wherein the wall portion has a flange portion (39) formed at an edge portion of the space portion (fig. 3B).
In re. claim 3, Kato teaches the vehicular engagement member according to claim 1, wherein the base portion has a rib (26) formed around the engagement portion (fig. 2), and the rib is formed not to overlap with a region between the engagement portion and the space portion (at groove (27a)).
In re. claim 4, Kato teaches the vehicular engagement member according to claim 1, wherein the base portion comprises: a spacer portion (26a) disposed inward in a vehicle width direction (fig. 2) of one of a bumper face and a fender of the vehicle (as the installation location fails to further define the engagement member); a portion (22a) disposed outward in the vehicle width direction of the other one of the bumper face and the fender (fig. 1), and to which the engagement portion is integrally molded (fig. 1); and the wall portion connecting the spacer portion and the portion to which the engagement portion is integrally molded (all components integrally connected in figure 2).
Response to Arguments
Applicant’s arguments with respect to claims 1-4 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Christopher D. Hutchens whose telephone number is (571)270-5535. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.D.H./
Primary Examiner
Art Unit 3647
/Christopher D Hutchens/ Primary Examiner, Art Unit 3647