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 .
Examiner’s Comment
The Amendments to the Specification filed on 04/15/2024 have been entered by the Examiner.
The Drawings filed on 04/15/2024 have been approved by the Examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 6 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gulledge et al. US 11034273 B2.
Regarding claim 1, Gulledge et al. US 11034273 B2 discloses a vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54), comprising at least one seat (as shown in Figure 2) including a seat surface (as shown in Figure 2); and at least one pole (poles 202, 204, 206 and 208 as shown in Figure 2 in column 5, lines 54-55) including a rod (elongated member 214 as shown in Figures 2 and 3 in column 5, lines 58-60) higher than the seat surface (as shown in Figure 2), the rod (elongated member 214 as shown in Figures 2 and 3 in column 5, lines
58-60) including a main body (body of elongated member 214 as shown in Figure 3) and a handle (the accessory 224 as shown in Figure 2 may include a handle; the handle may enable a driver or passenger of the golf cart to grasp onto the handle, thereby stabilizing the user with respect to the roof on the golf cart; grasping onto the handle of the golf cart may stabilize the passenger and/or driver of the golf cart while getting on or off of the golf cart; grasping onto the handle may also stabilize the passenger during transport in column 5, lines
6-13) extending from the main body (accessory 224 may be engaged in elongaged member 214 as shown in Figure 2 in column 6, lines 15-16) with bends (accessory 224 as shown in Figure 2) so that an occupant to be seated on the at least one seat can grasp the handle (grasping onto the handle may also stabilize the passenger during transport in column 5, lines 12-13).
Regarding claim 2, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 1, comprising a pillar (202, 204, 206 and 208 as shown in Figure 2), wherein the main body (main body of elongated member 214 as shown in Figure 2) is connected (as shown in Fiure 2) to an upper end of the pillar (202, 204, 206 and 208) and extends in a forward and backward direction as shown in Figure 2.
Regarding claim 3, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 2, wherein the handle (224 as shown in Figure 2 in column 5, lines 6-13 and column 6, lines 15-16) protrudes from the main body (body of elongated member 214 as shown in Figure 2) in a direction orthogonal (at right angle as shown in Figure 2) to an axial direction of the main body (body of elongated member 214 as shown in Figure 2).
Regarding claim 6, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 2, comprising a roof (roof 210 as shown in Figure 2 in column 5, lines 54-56) supported by the at least one pole (poles 202, 204, 206 and 208 as shown in Figure 2 in column 5, lines 54-56).
Regarding claim 10, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart as shown in Figure 2 in column 5, line 54) according to claim 2, wherein the handle (224 as shown in Figure 2 in column 5, lines 6-13 and column 6, lines 15-16) is provided in an area between a front end and a rear end of the seat surface (as shown in Figure 2) in the forward and backward direction (grasping onto the handle may also stabilize the passenger during transport in column 5, lines 12-13).
Regarding claim 11, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart as shown in Figure 2 in column 5, line 54) according to claim 2, but does not show wherein the handle is thinner than the pillar.
Regaring claim 11, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the handle of Gulledge et al. US 11034273 B2 thinner than the pillar, because limitations relating to the size of the handle were not sufficient to patentably distinguish over the prior art.
In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package “of appreciable size and weight requiring handling by a lift truck” were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) (“mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled.” 531 F.2d at 1053, 189 USPQ at 148.).
Regarding claim 12, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart as shown in Figure 2 in column 5, line 54) according to claim 1, wherein at least a part of the handle (224 as shown in Figure 2 in column 5, lines 6-13 and column 6, lines 15-16) is exposed from remaining portions of the vehicle in a side view of the vehicle as shown in Figure 2.
Regarding claim 13, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart as shown in Figure 2 in column 5, line 54) according to claim 1, wherein the at least one seat (as shown in Figure 2) comprises a first seat (as shown in Figure 2) including a driver seat (steering wheel as shown in Figure 2), and the handle (the accessory 224 as shown in Figure 2 may include a handle; the handle may enable a driver or passenger of the golf cart to grasp onto the handle, thereby stabilizing the user with respect to the roof on the golf cart; grasping onto the handle of the golf cart may stabilize the passenger and/or driver of the golf cart while getting on or off of the golf cart; grasping onto the handle may also stabilize the passenger during transport in column 5, lines
6-13) is provided at a position corresponding to the first seat (as shown in Figure 2).
Claim(s) 14, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gulledge et al. US 11034273 B2 in view of JP 2002102402 A.
Regarding claims 14, 15 and 17, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 1 (claim 17 depends from claim 15) wherein the at least one seat (as shown in Figure 2) comprises a first seat (as shown in Figure 2) including a driver seat (near steering wheel as shown in Figure 2) and the handle (224 as shown in Figure 2 in column 5, lines 6-13 and column 6, lines 15-16), but does not show a second seat behind the first seat, and the handle is provided at a position corresponding to the second seat (claim 14); a second seat behind the first seat, and the handle is provided at each position corresponding to the first seat and the second seat (claim 15); and wherein the seat surface of the second seat is higher than the seat surface of the first seat, and the handle for the second seat is higher than the handle for the first seat (claim 17).
JP 2002102402 A teaches front seat (10 as shown in Figure 1) and the rear seat (11 as shown in Figure) have seats (14 and 15 as shown in Figure 1); wherein the seat surface (seat 15 as shown in Figure 1) of the second seat (rear seat 11 as shown in Figure 1) is higher than the seat surface of the first seat (front seat 10 as shown in Figure 1); and a roof plate (22 as shown in Figure) is on a slant to give the passenger seated in the rear seat 11 enough head room.
Regarding claims 14, 15 and 17, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the vehicle having a first seat including a driver seat of Gulledge et al. with the second seat behind the first seat and the seat surface of the second seat is higher than the seat surface of the first seat, as taught by JP 2002102402 A,
with a reasonable expectation of success in order to provide seating for additional passengers in the vehicle.
Regarding claims 14 and 15, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the vehicle having one handle for the first seat of Gulledge et al, as modified, with an addition handle for the second seat, although the reference does not disclose two handles corresponding to the first and second seats, the court held that mere duplication of parts has not patentable significance unless a new and unexpected result is produced.
In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a “web” which lies in the joint, and a plurality of “ribs” projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Regarding claim 17, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the roof of Gulledge et al, as twice modified, with the slanted roof, as taught by JP 2002102402 A, with a reasonable expectation of success in order to give the passenger seated in the rear seat enough head room and the handle for the second seat will be higher than the handle for the first seat.
Allowable Subject Matter
Claims 4, 5, 7-9 and 16, 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, wherein the handle protrudes inward from the main body in a vehicle-width direction is not taught nor is fairly suggested by the prior art of record.
Regarding claim 5, wherein the handle protrudes downward from the main body and inward in a vehicle-width direction is not taught nor is fairly suggested by the prior art of record.
Regarding claim 7, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 2, comprising a roof (roof 210 as shown in Figure 2 in column 5, lines 62-64) supported by the main body (body of elongated member 214 as shown in Figure 2 in column 5, lines 62-64), but does not show wherein the handle protrudes inward from the main body in a vehicle-width direction.
Regarding claim 7, wherein the handle protrudes inward from the main body in a vehicle-width direction is not taught nor is fairly suggested by the prior art of record.
Regarding claim 8, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 6, wherein a lower surface of the roof (underneath surface of the roof 210 as shown in Figure 2 in column 5, lines 62-64) includes a facing portion facing the handle (224 as shown in Figure 2 in column 5, lines 6-13 and column 6, lines 15-16) from above the handle (224 as shown in Figure 2 in column 5, lines 6-13 and column 6, lines 15-16), but does not show a surrounding portion that is a portion around the facing portion and protrudes downward from the facing portion.
Regarding claim 8, show a surrounding portion that is a portion around the facing portion and protrudes downward from the facing portion is not taught nor is fairly suggested by the prior art of record.
Regarding claim 9, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 6 but does not show wherein the roof includes an upper surface on which a gutter is formed, and a lower surface on which a ridge is formed in a portion corresponding to the gutter, and a portion continuous to the handle in the at least one pole is located under the ridge, and the handle protrudes inward from the ridge in a vehicle-width direction.
Hynds et al. US 20020014790 A teaches a roof includes an upper surface (central canopy surface 112 as shown in Figure 5 in paragraph [0034]) on which a gutter (drain gutters 106 as shown in Figure 5 in paragraph [0034]) is formed, and a lower surface on which a ridge (drain gutters 106 creates the ridge as shown in Figure 5) is formed in a portion corresponding to the gutter (drain gutters 106 as shown in Figure 5 in paragraph [0034]).
Regarding claim 9, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the upper surface of the roof of Gulledge et al. US 11034273 B2 with a gutter and a lower surface on which a ridge is formed in a portion corresponding to the gutter, as taught by Hynds et al., with a reasonable expectation of success in order to improve the drainage.
Regarding claim 9, a portion continuous to the handle in the at least one pole is located under the ridge, and the handle protrudes inward from the ridge in a vehicle-width direction is not taught nor is fairly suggested by the prior art of record.
Regarding claim 16, wherein the at least one pole includes a first pole with the handle for the first seat, and a second pole with the handle for the second seat, the second pole being provided separately from the first pole is not taught nor is fairly suggested by the prior art of record.
Regarding claim 18, wherein the rod is a component obtained by bending a circular pipe is not taught nor is fairly suggested by the prior art of record.
Claim 19 depends from claim 18.
Regarding claim 20, Gulledge et al. US 11034273 B2 discloses the vehicle (golf cart 200 as shown in Figure 2 in column 5, line 54) according to claim 1, comprising a frame body (as shown in Figure 2) supporting the seat surface
(as shown in Figure 2) but does not show wherein the at least one pole including the main body and the handle is used as at least one pillar extending upward from the frame body.
Regarding claim 20, wherein the at least one pole including the main body and the handle is used as at least one pillar extending upward from the frame body is not taught nor is fairly suggested by the prior art of record.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20030209918 A1 discloses a handle is located inboard of an outer periphery of the roof member so that a hand grasping the handle is not exposed outside of the periphery; in one arrangement, the handle is mounted at a location that keeps an occupant's arm within the periphery if the handle is properly grasped; and an improved drainage system also is provided to minimize splashing toward occupants.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is
(571) 272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B