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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 1002. This objection could be overcome by changing “1002” to --102-- in Fig. 11. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “350” has been used to designate both a “first locking portion” and a “cavity”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “352” has been used to designate both a “second locking portion” and a “cavity”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first frame portion and the second frame portion must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph 0022, line 1, “portions” should be changed to --portions of--.
In paragraph 0023, line 1, “portions” should be changed to --portions of--.
In paragraph 0024, line 1, “portions” should be changed to --portions of--.
In paragraph 0025, line 1, “portions” should be changed to --portions of--.
In paragraph 0026, line 1, “portions” should be changed to --portions of--.
In paragraph 0031, line 2, “come aspect” should be changed to --some aspects--.
In paragraph 0032, line 3, “come aspect” should be changed to --some aspects--.
In paragraph 0047, line 1, “362” should be changed to --352 of--.
In paragraph 0049, line 9, “ach” should be changed to --each--.
In paragraph 0053, line 4, “Iin” should be changed to --In--.
In paragraph 0053, line 6, “316” should be changed to --308--.
In paragraph 0055, line 2, “a locking” should be changed to --of a locking--.
In paragraph 0057, line 4, “spur” should be changed to --a spur-- or --the spur--.
In paragraph 0061, line 9, “mor” should be changed to --more--.
In paragraph 0063, line 2, “come aspect” should be changed to --some aspects--.
In paragraph 0065, line 3, “come aspect” should be changed to --some aspects--.
In paragraph 0065, line 5, “1018” should be changed to --1010--.
In paragraph 0084, line 2, “is” should be deleted.
Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities: In line 1, “is” should be deleted. Appropriate correction is required.
Applicant is advised that should claim 2 be found allowable, claim 15 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. Similarly, should any of claims 3-7 be found allowable, the similar claim(s) of claim(s) 16-20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 2-7 and 9-20 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.
The limitation “the suspension bracket, the suspension brace and the shock absorber are configured between the first side frame and the second side frame” in claims 2 and 15, and the similar limitation in claim 9 do not accurately describe the invention. As shown in Figs. 10 and 11, neither the suspension brace 1012 nor the shock absorber 1010 is between the first side frame (e.g., 502) and the second side frame (e.g., 504), both the suspension brace 1012 and the shock absorber 1010 being entirely above (and therefore not between) the first side frame (e.g., 502) and the second side frame (e.g., 504).
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.
Claims 1, 2, 8, 9 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holroyd et al. (US 2017/0120972 A1). Holroyd discloses a suspension apparatus, configured for a center-positioned rear wheel (e.g., 8) apparatus of a vehicle (e.g., 2) comprising two front wheels (e.g., 6), the suspension apparatus comprising: a suspension bracket (e.g., 54), coupled to the center-positioned rear wheel apparatus and to a first frame portion (e.g., 200) of a frame (e.g., 4) of the vehicle; a suspension brace (e.g., 216), centrally coupled to a second frame portion (e.g., 180) of the frame of the vehicle, the suspension brace comprising a diagonally raised connection end (Figs. 3, 7, 12 and 17; paragraph 0079); and a shock absorber (e.g., 52), comprising a first end, coupled to the suspension bracket, and a second end, coupled to the suspension brace, wherein the shock absorber is configured in a raised diagonal direction towards the connection end of the suspension brace (Figs. 3 and 12). The frame of the vehicle comprises a first side frame (e.g., one lateral side of the frame) and a second side frame (e.g., the opposite lateral side of the frame), and wherein the suspension bracket, the suspension brace and the shock absorber are configured between the first side frame and the second side frame (Fig. 12). Said suspension apparatus is implicitly configured via a method as recited in claims 8 and 9.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH J FRISBY whose telephone number is (571)270-7802. The examiner can normally be reached M-F 9:00AM - 5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571)270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEITH J FRISBY/ Primary Examiner, Art Unit 3614