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 .
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.
Claim(s) 1 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi, et al. (9,108,578).
Choi discloses a door armrest apparatus (see Figure 3) of a vehicle 1, provided in a door trim 60 that forms a door 2 for opening and closing a door opening formed in a vehicle body, the door armrest apparatus comprising an armrest portion 40 which is provided on an internal side of the door trim 60 and configured to slide in a longitudinal direction of the vehicle body; and a motor driving portion 17 mounted below the armrest portion, and configured to drive the armrest portion to selectively slide according to an opening or closing signal of the door. An upper rail bracket 12 is provided below the armrest portion, and wherein the upper rail bracket is in contact with an upper portion of the motor driving portion 17 so that the armrest portion slides in the longitudinal direction of the vehicle body.
Allowable Subject Matter
Claims 2-18 and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul N. Dickson can be reached at (571) 272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3614