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 § 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erspamer et al. (US Pat. 9,789,909).
Regarding claim 1, Erspamer et al. disclose a method of manufacturing an off-road vehicle, the method comprising: preparing a ladder frame 50; attaching a vehicle front part 51 that includes a front panel 10 defining a front end 8 of a compartment and is mounted on top of the ladder frame to the ladder frame 50 (see Figures 1-2; Col. 4, line 56-Col. 5, line 1); attaching a vehicle rear part 56 that includes a rear panel 16 defining a rear end 14 of the compartment and is mounted on top of the ladder frame 50 to the ladder frame 50 (see Figures 1-2; Col. 4, line 56-Col. 5, line 2); and attaching one or a plurality of seat row modules 202, 220, each of which includes a seat frame 212, 222 supporting a seat row having seats arranged side by side in a lateral direction of the vehicle and is mounted on top of the ladder frame 50 between the vehicle front part 51 and the vehicle rear part 54, to the ladder frame 50 (see Figures 11-14; Col. 7, line 53-Col. 8, line 17), wherein the number of the one or plurality of seat row modules corresponds to the number of the seat rows included in a vehicle body, and the one or plurality of seat row modules 220 further include a pillar cross member 94, 224 which couples a pair of pillars 97, 226 respectively extending upward from outermost longitudinal portions 62, 63 of the ladder frame 50 and arranged side by side in the lateral direction of the vehicle and to which the seat frame 202, 222 is attached, and the seat row (see Figures 11-14; Col. 7, line 53-Col. 8, line 17). The pair of pillars 97, 226 are indirectly coupled to the outermost longitudinal portions 62, 63 of the ladder frame (see Figures 11-14).
Regarding claim 4, Erspamer et al. disclose the method of manufacturing the off-road vehicle of claim 1, wherein the preparing of the ladder frame 50 includes preparing the ladder frame 50 having a length in a longitudinal direction corresponding to the number of the seat rows included in the vehicle body (see Figures 1-7; Col. 7, line 53-Col. 8, line 17). The ladder frame 50 is prepared to have a length corresponding to a front and a rear seat row (see Col. 7, line 53-55).
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.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Erspamer et al. in view of Bergstrom et al. (US PG Pub 2016/0207418).
Regarding claim 2, Erspamer et al. disclose the method of manufacturing the off-road vehicle of claim 1.
Erspamer et al. fail to disclose the plurality of seat row modules attached to the ladder frame are common.
Bergstrom et al. disclose a method of manufacturing an off-road vehicle 10 (see claims 15-26), the method comprising: preparing a ladder frame 50; attaching a vehicle front part 40 that includes a front panel 480 defining a front end of a compartment and is mounted on top of the ladder frame 50 to the ladder frame 50 (see Figures 15, 46-47; Paragraphs 106, 143); attaching a vehicle rear part 44 that includes a rear panel 484 defining a rear end of the compartment and is mounted on top of the ladder frame 50 to the ladder frame 50 (see Figures 15, 46-47; Paragraphs 106, 143); and attaching one or a plurality of seat row modules 104, each of which includes a seat frame 220 supporting a seat row 248 having seats 250 arranged side by side in a lateral direction of the vehicle and is mounted on top of the ladder frame 50 between the vehicle front part 40 and the vehicle rear part 44, to the ladder frame 50 (see Figures 13A-C, 24, 34; Paragraphs 118-120), wherein the number of the one or plurality of seat row modules corresponds to the number of the seat rows 248 included in a vehicle body 10A, 10B, 10C (see Figures 13A-C; Paragraphs 103-105). The vehicle is primarily used as a golf cart having several different modes and not used on roads, making it an “off-road vehicle” (see Paragraph 174). The plurality of seat row modules 104 attached to the ladder frame 50 are common (see Figure 24; Paragraph 119). Examiner uses Applicant’s definition of “common” as having “a common fundamental component”. Bergstrom et al. disclose the seat row modules 104 are “identical and interchangeable with each other” ensuring that they have a common fundamental component.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the seat row modules of Erspamer et al. as common, with a reasonable expectation of success, as taught by Bergstrom et al., to reduce manufacturing costs of the seat modules.
Regarding claim 5, Erspamer et al. disclose an off-road vehicle, comprising: a ladder frame 50; a vehicle front part 51 that includes a front panel 12 defining a front end 8 of a compartment and is mounted on top of the ladder frame 50 (see Figures 1-2; Col. 4, line 56-Col. 5, line 1); a vehicle rear part 56 that includes a rear panel 16 defining a rear end 14 of the compartment and is mounted on top of the ladder frame 50 (see Figures 1-2; Col. 4, line 56-Col. 5, line 2); and seat row modules 202, 220, each of which includes a seat frame 212, 222 supporting a seat row having seats arranged side by side in a lateral direction of the vehicle and is mounted on top of the ladder frame 50 between the vehicle front part 51 and the vehicle rear part 54 (see Figures 1-2 and 11-14; Col. 7, line 53-Col. 8, line 17), wherein each of the seat row modules 202, 220 further includes a pillar cross member 94, 224 which couples a pair of pillars 97, 226 respectively extending upward from outermost longitudinal portions 62, 63 of the ladder frame 50 and arranged side by side in the lateral direction of the vehicle and to which the seat frame 50 is attached, and the seat row (see Figures 1-2 and 11-14; Col. 7, line 53-Col. 8, line 17), and the seat row modules include a first seat row module 202 and a second seat row module 220 that is arranged behind the first seat row module (see Figures 1-2 and 11-14; Col. 7, lines 53-55). The pair of pillars 97, 226 are indirectly coupled to the outermost longitudinal portions 62, 63 of the ladder frame (see Figures 11-14).
Erspamer et al. fail to disclose the second seat row module includes a seat frame common with the seat frame of the first seat row module.
Bergstrom et al. disclose a method of manufacturing an off-road vehicle 10 (see claims 15-26), the method comprising: preparing a ladder frame 50; attaching a vehicle front part 40 that includes a front panel 480 defining a front end of a compartment and is mounted on top of the ladder frame 50 to the ladder frame 50 (see Figures 15, 46-47; Paragraphs 106, 143); attaching a vehicle rear part 44 that includes a rear panel 484 defining a rear end of the compartment and is mounted on top of the ladder frame 50 to the ladder frame 50 (see Figures 15, 46-47; Paragraphs 106, 143); and attaching one or a plurality of seat row modules 104, each of which includes a seat frame 220 supporting a seat row 248 having seats 250 arranged side by side in a lateral direction of the vehicle and is mounted on top of the ladder frame 50 between the vehicle front part 40 and the vehicle rear part 44, to the ladder frame 50 (see Figures 13A-C, 24, 34; Paragraphs 118-120), wherein the number of the one or plurality of seat row modules corresponds to the number of the seat rows 248 included in a vehicle body 10A, 10B, 10C (see Figures 13A-C; Paragraphs 103-105). The vehicle is primarily used as a golf cart having several different modes and not used on roads, making it an “off-road vehicle” (see Paragraph 174). The plurality of seat row modules 104 attached to the ladder frame 50 are common (see Figure 24; Paragraph 119). Examiner uses Applicant’s definition of “common” as having “a common fundamental component”. Bergstrom et al. disclose the seat row modules 104 are “identical and interchangeable with each other” ensuring that they have a common fundamental component.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the second seat row module seat frame of Erspamer et al. as common with the first seat row module seat frame, with a reasonable expectation of success, as taught by Bergstrom et al., to reduce manufacturing costs of the seat frames.
Response to Arguments
Applicant’s arguments with respect to claims 1-2 and 4-5 have been considered, but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Url (US PG Pub 2014/0262583) discloses a modular off road vehicle having a plurality of seat row modules. Ida (US Pat 6,276,477) discloses a method for manufacturing a vehicle having a ladder frame, a front part, a rear part, and a variable length. Eastman (US Pat 5,401,056) discloses a modular off-road vehicle having a ladder frame, a front part and a rear part. Hammond, Jr. et al. (US Pat 11,767,060) disclose an off-road vehicle having a vehicle front part, a ladder frame, a seat row module, and a variable length. Proulx et al. (US Pat 9,889,777) disclose an off-road vehicle having a seat row module. Volz et al. (US Pat 6,375,247) disclose a vehicle having a front part, a rear part, and a seat module.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights