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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 7 and 17, applicant claims the parts of claims 1 and 11 “float within the housing”. Examiner notes that this does not have specific structural requirements. Claims 6 and 16 require the housing “supporting” the cam members, but the subsequent claims require the cam assembly “float”. The record is not clear how this is structurally disclosed, or if this is a further limitation of the structure of the devices of claims 6 and 16.
Dependent claims inherit the same issues from parent claims and do not resolve any indefinite issues.
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.
Claim(s) 1-7, 11-17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by 9022452 Krajenke.
Examiner notes that claim 11 is the combination of the cam slider assembly of claim 1, with the standard vehicle configuration with a body, dashboard, steering wheel, wheels, and a door. Therefore, by properly rejecting claim 11, claim 1 is also rejected.
Dependent claims 2-10 are identical in scope to claims 12-20, and will be treated together.
Regarding claims 1 and 11, Krajenke discloses a vehicle (figure 1) comprising: a body 10 including a door check rod 42, the body defining a passenger compartment 24 having one or more seats 22; a dashboard arranged in the passenger compartment; a steering control (steering wheel) arranged between the dashboard and the one or more seats; a plurality of wheels supported by the body; and
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a door 20 pivotally mounted to the body 10, the door including a cam slider assembly (detailed in figure 4) operatively connected to the door check rod 42, the cam slider assembly comprising:
a first cam member 44 including a first body having a first cam surface 52 a first base surface 50;
a second cam member 46 including a second body having a second cam surface 52 and a second base surface 50; and
a compression member 96 extending about the first body 44 and the second body 46, the compression member 96 biasing the first cam surface towards the second cam surface (column 8 line 58: “elastic band 96 surrounding [the cam members] such that the elastic band 96 continuously biases the second segment 46 towards the first segment 44”).
Regarding claims 2 and 12, Krajenke discloses the vehicle according to claims 1 and 11, wherein the first base surface includes a first side, a second side, and a first compression member support surface (as annotated in fig. 4 below) extending between the first side and the second side.
Regarding claims 3 and 13, Krajenke discloses the vehicle according to claims 2 and 12, wherein the first cam surface extends outwardly (cam surface 66 extends beyond surface 52) of the first body opposite the first compression member support surface between the first side and the second side (as shown in figure 4).
Regarding claims 4 and 14, Krajenke discloses the vehicle according to claims 2 and 12, wherein the second base surface 50 includes a first side portion, a second side portion, and a second compression member support surface extending between the first side portion and the second side portion (as annotated in figure 4, both cams are identical).
Regarding claims 5 and 15, Krajenke discloses the vehicle according to claims 4 and 14, wherein the second cam surface (surface 68) extends outwardly of the second body opposite the second compression member support surface between the first side portion and the second side portion (as shown in figure 4).
Regarding claims 6 and 16, Krajenke discloses the vehicle according to claims 4 and 14, further comprising a housing 102 supporting the first cam member and the second cam member (as shown in figures 5-6), the housing having an opening configured to slidingly receive the door check rod (by having an opening because the cam assembly has an opening for the rod 42, figures 5-6).
Regarding claims 7 and 17, Krajenke discloses the vehicle according to claims 6 and 16, wherein the first cam member, the second cam member, and the compression member float within the housing (please see 112b above, “floating” as shown in figure 3).
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.
Claim(s) 8-10, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krajenke.
Regarding claims 8 and 18, Krajenke discloses the vehicle according to claims 1 and 11, wherein the first base surface defines a first flat surface and the second base surface comprises a second flat surface. Krajenke does not disclose that the base surfaces are curved.
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the shape of an exterior surface to a rounder surface, in order to elongate the life of the compression member/band 96. A change of shape is considered a matter of choice. See MPEP 2144.04 (IV) (b). The shape of the exterior surfaces of the cams 44/46 does not affect the form, function, or use, of the cam assembly taught by Krajenke.
Regarding claims 9 and 19, Krajenke discloses the vehicle according to claims 8 and 18, wherein the compression member 96 comprises a band (“elastic band 96”) that extends about each of the first exterior surface and the second exterior surfaces, whether the exterior surfaces are flat as taught by Krajenke, or curved, as modified in claim 8.
Regarding claims 10 and 20, Krajenke discloses the vehicle according to claims 9 and 19, wherein the band 96 comprises a continuous elastomeric band 96 (figure 4).
Claim(s) 1-7, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krajenke as applied to claims 4 and 14 above, and further in view of 2014/0059802 Matsuki.
Regarding claims 6 and 16, Krajenke discloses the vehicle according to claims 4 and 14, but does not include a housing.
Matsuki discloses a door check system (figure 3) with cam sliders system (within case body 1a), the cam sliders 16 on either side of a rod 10, compressed together by resilient spring members 17, further comprising a housing 1a supporting the first cam member and the second cam member (as shown in figure 3), the housing having an opening 5 configured to slidingly receive the door check rod 10 (as shown in figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the cam slider system of Krajenke within a housing as taught by Matsuki, as this allows the cams of Krajenke to be used in the location of Matsuki. Matsuki teaches another known location for vehicle doors that require cams compressed against a central rod, which are an equivalent system of managing the swinging of the door of both Krajenke and Matsuki.
Regarding claims 7 and 17, Krajenke as modified discloses the vehicle according to claims 6 and 16, wherein the first cam member, the second cam member, and the compression member float within the housing (please see 112b above, “floating” as shown in figure 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677