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 .
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (means for”) or another linking word or phrase, such as “configured to” or “so that”; the following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f): "mechanism for," "module for," "device for," "unit for," "component for," "element for," "member for," "apparatus for," "machine for," or "system for.";and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 6 recites “a plurality of attachment mechanisms configured to allow said vertical support structure, said horizontal support component, and said connector plate to removably attach to said wheeled base in said stored positions”. The three prong tests are:
(A) the claim limitation uses the term “means” or a generic placeholder (mechanisms),
(B) the term “means” is modified by functional language (configured to … removably attach),
(C) the term “means” is not modified by sufficient structure, material, or acts for performing the claimed function.
All three prongs are met and therefore this claim limitation is going to be interpreted to invoke 35 USC 112f; andreview of the specification (par. 0057) reveals “the attachment mechanisms may be a fastener, pin lock, hook-and-loop system, or brackets on the wheeled base 200” and (par. 0058) reveals “other attachment mechanisms are possible, such as hook and loop systems, fasteners, pin and lock systems, and hooks”.
Claim 7 recites “a plurality of attachment mechanisms configured to allow said vertical support structure and said connector plate to removably attach to said wheeled base in said stored positions”. The three prong tests are:
(A) the claim limitation uses the term “means” or a generic placeholder (mechanisms),
(B) the term “means” is modified by functional language (configured to … removably attach),
(C) the term “means” is not modified by sufficient structure, material, or acts for performing the claimed function.
All three prongs are met and therefore this claim limitation is going to be interpreted to invoke 35 USC 112f; andreview of the specification (par. 0057) reveals “the attachment mechanisms may be a fastener, pin lock, hook-and-loop system, or brackets on the wheeled base 200” and (par. 0058) reveals “other attachment mechanisms are possible, such as hook and loop systems, fasteners, pin and lock systems, and hooks”.
Claim Objections
Claims 1, 16 and 20 are objected to because of the following informalities:
Claims 1 and 20, “two wheels at a front end of said wheeled base ("front wheels")” should read:--two front wheels at a front end of said wheeled base--.
Claims 1 and 20, “two wheels at a back end of said wheeled base ("back wheels")” should read:--two back wheels at a back end of said wheeled base--.
Claim 1, line 9 and claim 20 lines 13-14 “the said front wheels” should read --said front wheels-- or --the front wheels--.
Claim 1, lines 16-17, “in an deployed position” should read -- in a deployed position--.
Claim 16, line 3, “convertible vehicles” should read --the convertible automobiles--.
Claim 16, “said storage rods comprise a plurality of hollow components” should read --each storage rod of said plurality of storage rods comprises a plurality of hollow components--.
Claim 20, line 6, “convertible automobiles” should read --the convertible automobiles--.Appropriate correction is required.
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.
Claims 1-5, 9-15 and 17-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hall (US 20220111918 A1).
Regarding claim 1, Hall teaches (reproduced and annotated Figs. below) a modular device for removing, storing, and installing removable components from convertible automobiles (abstract: “device designed for the removal, storage, and installation of removable hardtops from convertible sport utility vehicles”) comprising: a wheeled base comprising: two wheels at a front end of said wheeled base ("front wheels"); two wheels at a back end of said wheeled base ("back wheels"); and a frame, that connects the said front wheels to one another, and each of said two front wheels to one of said back wheels (to create two right side wheels and two left side wheels); a vertical support structure configured to removably attach (by pull stop 72) to said wheeled base in a deployed position (shown in Fig. 3) and a stored position (by removing pull stop 72 and pulling tube 4A upwardly, the wheeled base and the vertical support structure are disengaged which makes storage easier in tight and lower height places); and a horizontal support component configured to removably attach (at 12) to said vertical support structure in a deployed position (as shown in Fig. 3) and to said wheeled base in a stored position (when pins are pulled out of holes 12, the horizontal support component can be removed and be stored on the wheeled base which makes storage easier in tight and lower height places); wherein said wheeled base is configured to connect to a mechanical lifting device (pedal lift 100 having a pedal 101; see entire par. 0038).
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Regarding claim 2, Hall teaches (reproduced and annotated Figs. above) said modular device may be stored in an upright position on said front wheels (by removing pins and pull stops 72 from holes, the three part device can be stored as shown below).
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Regarding claim 3, Hall teaches said modular device comprises steel (par.0033: “device comprises major components embodied as interlocking tubing made of metal”).
Regarding claim 4, Hall teaches a connector plate (101) configured to removably attach (by hinged bolt and nut 108) to said wheeled base in a deployed position (shown) and a stored position (by removing the nut and bolt 108, the connector plate can be removed from the rest of the device for storing purposes; par. 0038: “a pedal 101 to be operated with the user's foot, such pedal attached to the wheeled base unit 3 at pedal lever hinge 108”).
Regarding claim 5, Hall teaches said connector plate, when in said deployed position, is configured to connect said device to said mechanical lifting device and said vertical support structure (par. 0038: “a pedal 101 to be operated with the user's foot, such pedal attached to the wheeled base unit 3 at pedal lever hinge 108”).
Regarding claim 9, Hall teaches (reproduced and annotated Figs. above) a plurality of support rods (two spreader bars 31) configured to removably attach (by coupler 33) to said wheeled base in a deployed position and a stored position.
Regarding claim 10, Hall teaches (reproduced and annotated Figs. above) said plurality of support rods comprise extension pieces (two extendable sides of 33) configured to adjust the length of said support rods (see par. 0036).
Regarding claim 11, Hall teaches (reproduced and annotated Figs. above) said plurality of support rods are co-planar with said wheeled base when in their stored position (support rods 31 can be uninstalled and laid parallel to the wheeled base for storage purposes).
Regarding claim 12, Hall teaches (reproduced and annotated Figs. above) two support rods (two spreader bars 31).
Regarding claim 13, Hall teaches (reproduced and annotated Figs. above) a plurality of storage rods (two spreader bars 31) configured to removably attach (by coupler 33) to said wheeled base in a deployed position and a stored position.
Regarding claim 14, Hall teaches (reproduced and annotated Figs. above) said plurality of storage rods are co-planar with said wheeled base when in their stored position (storage rods 31 can be uninstalled and laid parallel to the wheeled base for storage purposes).
Regarding claim 15, Hall teaches (reproduced and annotated Figs. above) two storage rods (two spreader bars 31).
Regarding claim 17, Hall teaches (reproduced and annotated Figs. above) said horizontal support component comprises a plurality of support plates (support shelves 37).
Regarding claim 18, Hall teaches (reproduced and annotated Figs. above) said horizontal support component has four support plates (each support shelf 37 is a two piece adjustable part).
Regarding claim 19, Hall teaches (reproduced and annotated Figs. above) at least two said plurality of support plates are adjustable within their plane parallel to said horizontal support component (each support shelf 37 is a two piece adjustable part).
Regarding claim 20, Hall teaches (reproduced and annotated Fig. below) a system for removing, storing, and installing removable components from convertible automobiles (abstract: “device designed for the removal, storage, and installation of removable hardtops from convertible sport utility vehicles”) comprising: a mechanical lifting device (pedal lift 100); and a modular device for removing, storing, and installing removable components from convertible automobiles comprising: a wheeled base comprising: two wheels at a front end of said wheeled base (“front wheels"); two wheels at a back end of said wheeled base ("back wheels"); and a frame that connects the said front wheels to one another, and each of said two front wheels to one of said back wheels (to create two right side wheels and two left side wheels), wherein said front and back wheels are on the same side of said frame (on lower side); a vertical support structure configured to removably attach (by pull stop 72) to said wheeled base in a deployed position (shown in Fig. 3) and a stored position (by removing pull stop 72 and pulling tube 4A upwardly, the wheeled base and the vertical support structure are disengaged which makes storage easier in tight and lower height places); and a horizontal support component configured to removably attach (at 12) to said vertical support structure in a deployed position (as shown in Fig. 3) and to said wheeled base in a stored position (when pins are pulled out of holes 12, the horizontal support component can be removed and be stored on the wheeled base which makes storage easier in tight and lower height places); and a connector plate (101); wherein said wheeled base is configured to connect to the mechanical lifting device via said connector plate.
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Thompson (US 5328192 A).
Regarding claims 6-7, Hall does not teach the claimed plurality of attachment mechanisms.
Thompson teaches (par. 7; Fig. 10 below) parts of hand truck can be retained in stacked relationship on base 16 “by loops of flexible members 66, such as bungee cords or straps utilizing conventional hook and loop fastening materials” “for transport and storage during periods of non-use”.
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to incorporate teachings of Thompson in device of Hall and fasten disassembled parts together by hook and loop fastening materials for storage and transport purposes.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Thompson as applied to claim 7 above, and further in view of Mackiewicz (US 20100192271 A1).
Regarding claim 8, combination of Hall and Thompson teaches using loops of flexible members 66, such as bungee cords or straps utilizing conventional hook and loop fastening materials to fasten disassembled parts of the device; but not a bracket.
Mackiewicz teaches using straps 34 and bracket 30, 32 for temporarily fastening items for storage purposes.
It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to incorporate teachings of Mackiewicz in combined device of Hall and Thompson and fasten disassembled parts together by straps and brackets for easier engagement and disengagement.
Allowable Subject Matter
Claim 16 is 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.
Conclusion
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723