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
Claims 1 – 18 have been examined.
Claim Rejections - 35 USC § 103
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 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 1, 4 – 6, 9, 12 – 14, and 17 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Freeman et al. (10,393,076) in view of Lin et al. (TW M310830). In regard to claims 1 and 9, Freeman discloses a vehicle comprising a pillar that extends in a vehicle vertical direction alongside a window of the vehicle (Fig. 1), and a snorkel mounting system that includes a snorkel mounting bracket comprising a bracket body including a clip structure mounted to an outer face of the bracket body (Fig. 2, item 38).
In regard to claims 6 and 14, Freeman discloses a snorkel body that is configured to connect with the clip structure (Figs. 1 and 2, item 10).
Freeman does not disclose the use of a magnetic connector. In regard to claims 1 and 9, Lin discloses a vehicle comprising a mounting system that includes a mounting bracket including a bracket body with a magnet mounted at an inner face of the bracket body (Fig. 3 item 15), the magnet configured to magnetically secure the mounting bracket to a pillar to hold the mounting bracket to the pillar (Figs. 1 – 3).
In regard to claims 4 and 12, Lin discloses wherein the bracket body comprises a recess that defines a pocket, the magnet located in the recess (Fig. 3, item 16).
In regard to claim 17, Lin discloses wherein the bracket body comprises two recesses that define pockets, the magnet located in one of the two recesses and another magnet located in the other of the two recesses (Fig. 3, top and bottom instances of recesses formed by items 14, 14, and 17)
In regard to claim 18, Lin discloses wherein the one of the two recesses is located on one side of the clip structure and the other of the two recesses is located on an opposite side of the clip structure (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the magnetic bracket connection of Lin to the snorkel mounting system of Freeman, in order to allow a user to quickly and efficiently attach and detach the snorkel when necessary.
Freeman in view of Lin does not disclose the use of neodymium for the magnets. In regard to claims 5 and 13, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make use of neodymium in construction of the magnets, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 2 – 3, 7 – 8, 10 – 11, and 15 – 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.
The following is a statement of reasons for the indication of allowable subject matter: Freeman et al. (10,393,076) discloses a snorkel mounting system similar to the instant invention; however Freeman, either alone or in combination, neither discloses nor suggests a snorkel mounting system wherein (in regard to claims 2 and 10) the bracket body comprises an outer portion having the inner face that rests facing the pillar and an anti-rotation tab that extends along a side of the pillar, and (in regard to claims 7 and 15) wherein the clip structure comprises a pair of bracket arms that extend outward from a clip base, the snorkel body having a pair of slots that are configured to receive the pair of bracket arms. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vite Cadena (11,181,083) discloses a snorkel installation kit.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613