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 – 4 have been examined.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 4 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Matsumoto et al. (8,268,470). In regard to claim 1, Matsumoto discloses a fuel cell vehicle comprising a cab floor formed higher at a rear portion than at a front portion by a step portion obliquely inclined upward and rearward in a vehicle length direction (Fig. 2, from item 43a to item 82), and a fuel cell system disposed below the cab floor (Fig. 2, item FC), the fuel cell vehicle being configured to travel using electric power generated by the fuel cell system (column 3, lines 48 – 50), wherein the rear portion of the cab floor has a shape for accumulating fuel leaking and ascending from the fuel cell system (Fig. 2, from item 82 to item 14).
In regard to claim 2, Matsumoto discloses wherein the shape is such a shape that a rear end portion of the rear portion is obliquely inclined rearward and downward in the vehicle length direction (Fig. 2, from item 82 to item 14).
In regard to claim 3, Matsumoto discloses a sensor at a location where the fuel is accumulated, the sensor configured to detect the fuel (Fig. 2, item 60).
In regard to claim 4, Matsumoto discloses wherein the fuel is hydrogen (column 5, lines 63 – 66).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kato et al. (7,914,942) disclose a fuel cell vehicle;
Suzuki et al. (8,113,034) disclose a gas sensor with piping;
Hirakata (11,021,063) discloses a fuel cell vehicle and control method;
Yanagiura et al. (11,807,113) disclose a fuel cell vehicle having hydrogen detection.
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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/JOHN D WALTERS/Primary Examiner, Art Unit 3613