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 – 20 have been examined.
Claim Objections
Claim 20 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim must refer, in the alternative only, to more than one claim previously set forth. Claim 20 does not refer to the previous claims in the alternative. See MPEP § 608.01(n). Accordingly, the claim 20 not been further treated on the merits.
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.
Claims 1 – 3 and 18 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawatzki et al. (11,919,482). In regard to claim 1, Sawatzki discloses a step tread holder assembly for a vehicle having a step tread (Fig. 1, item 5) attachable to a vehicle structure of said vehicle (Fig. 1) comprising a bearing unit (Fig. 1, item 16) for attaching the step tread to the vehicle structure (Fig. 1, item 5), said bearing unit being designed in such a way that in the event of a crash the step tread can be moved relative to the vehicle structure and/or can be partly or completely detached from the vehicle structure, and a motion guiding element for influencing a path of movement of the step tread relative to the vehicle structure in the event of a crash (column 4, line 50 – column 5, line 3), wherein the bearing unit has at least one front holder which is positioned on the vehicle structure in an outer area of the vehicle (Fig. 1, lower instance of item 16), and the bearing unit has at least one rear holder which is positioned on the vehicle structure in an inner area of the vehicle (Fig. 1, upper instance of item 16).
In regard to claim 2, Sawatzki discloses a deflector for deflecting a movement of the step tread along a path of movement in the event of a crash Fig. 1, item 15).
In regard to claim 3, Sawatzki discloses wherein the rear holder has a guide for deflecting the step tread (Fig. 3, wherein as item 5 buckles, the physical shape and connection of the upper instance of item 16 would control/guide the movement of item 5).
In regard to claim 18, Sawatzki discloses a vehicle structure (Fig. 1, item 19), a drive for the vehicle (column 3, lines 41 – 43), an energy storage unit for the drive of the vehicle (Fig. 1, item 2), a step tread which can be attached to the vehicle structure of the vehicle (Fig. 1, item 5), a step tread holder assembly for the step tread (Fig. 1, items 14, 15, and 16), and at least one bearing unit for attaching the step tread to the vehicle structure (Fig. 1, item 16), wherein the bearing unit is so designed that in the event of a crash the step tread can be moved relative to the vehicle structure and/or can be detached partly or completely from the vehicle structure (column 4, line 50 – column 5, line 3), and the holder assembly has a motion guiding element for influencing a path of movement of the step tread relative to the vehicle structure in the event of a crash (Fig. 1, items 14 and 15).
In regard to claim 19, Sawatzki discloses wherein the motion guiding element is designed in such a way that in the event of a crash the step tread is guided past the energy storage unit along a path of movement extending at least partially underneath the energy storage unit (Figs. 1 and 3 & column 4, line 50 – column 5, line 3).
Allowable Subject Matter
Claims 4 – 17 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: Sawatzki et al. (11,919,482) discloses a step tread holder assembly similar to the instant invention; however Sawatzki, either alone or in combination, neither discloses nor suggests a step tread holder assembly wherein (in regard to claims 4 and 17) the guide of the rear holder includes guide faces which are arranged obliquely relative to a horizontal in such a way that the step tread is diverted and deflected downwards and inwards relative to the vehicle structure in the event of a crash, (in regard to claim 7) wherein at least one of the bearing unit and the at least one front holder has a predetermined breaking point or a predetermined bending point, such that in the event of a crash the step tread can be moved inwards from the outside in relation to the vehicle structure, the predetermined breaking point or the predetermined bending point being designed in such a way that the step tread can detach itself partly or completely from the vehicle structure, (in regard to claim 13) wherein the rear holder has a first portion extending substantially vertically downwards from the vehicle structure and a second portion extending obliquely inwards on which at least one guide face for deflecting is formed, (in regard to claim 14) wherein at least one of the front holder and rear holder has a coupling member, which is pivotably articulated on the vehicle structure and pivotably articulated on the step tread and in the event of a crash deflects the step tread along a path of movement, also with at least a downward component of movement towards the ground, and in so doing supports the step tread, and (in regard to claim 16) wherein the front holder has a holder member which is at least partly plastically deformable and which deforms at least plastically in the event of a crash and also guides the step tread along the path of movement and continues to support the step tread in the event of a crash. 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:
Duncan (7,874,565) disclose a running board bracket;
Jensen et al. (10,099,621) disclose an active torsional buckling and lateral shear mechanism;
Aitharaju et al. (10,723,271) disclose a running board configured for absorbing energy.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613