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 Comments
The Specification filed on 08/19/2024 has been entered by Examiner.
Claim Objections
Claims 17-20 are objected to because of the following informalities:
Regarding claims 17-20, “The vehicle of claim 16” (line 1) should be changed to --The vehicle closure of claim 16-- since claim 17-20 depends from claim 16 which states “A vehicle closure” (line 1).
Appropriate correction is required.
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 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over PCT reference WO 2020052569 A1 in view of Matsuoka et al.
US 10493893 B2.
PCT reference WO 2020052569 A1 discloses a vehicle closure, comprising: a door (side door 4 as shown in Figures 17 and 18) that is configured for connection to a vehicle body (100 as shown in Figure 1) for movement with respect to an opening (side door opening 12 as shown in Figure 18) of the vehicle body (100 as shown in Figure 1) between a closed position
(as shown in Figure 17) and an open position (as shown in Figure 18); a movable roof panel (top door 3 as shown in Figures 17 and 18) that is configured for connection to the vehicle body (100 as shown in Figure 1) for movement with respect to the opening (side door opening 12 as shown in Figure 18) between a closed position (as shown in Figure 17) and an open position (as shown in Figure 18) by pivoting relative to the vehicle body (100 as shown in Figure 1) (claim 1); and wherein the door (side door 4 as shown in Figures 17 and 18) is configured to be connected to the vehicle body (100 as shown in Figure 1) for movement between the closed position (as shown in Figure 17) and the open position
(as shown in Figure 18) by moving outward in a lateral direction of the vehicle body (100 as shown in Figure 1) during a first motion phase (first hinge base 912 as shown in Figure 17) and by moving in a longitudinal direction of the vehicle body (100 as shown in Figure 1) during a second motion phase (first guide rail 911 as shown in Figure 17) (claim 3).
However, PCT reference WO 2020052569 A1 does not show an access structure that is configured to be movable from a stowed position to a deployed position when the door is in the open position, wherein the access structure defines a walking surface in the deployed position (claim 1); and wherein the access structure includes a movable ramp that is located under a floor surface of the vehicle body in the stowed position (claim 2).
Matsuoka et al. US 10493893 B2 teaches as illustrated in FIG. 1 and
FIG. 7, in the case where the doors (103) of the body (101) are closed, the opening (89) of the slope device (80) is covered with the doors (103). Thus, the slope device (80) is not operated. As illustrated in FIG. 2, when the doors (103) slide and are opened, the clearance (72) between the floor panel (70) and the base frame (60) appears, and the opening (89) of the slope device (80) is uncovered. As illustrated in FIG. 3 and FIG. 5, the slope device (80) that feeds out a slope board (87) to the outer side in the vehicle width direction is provided in the clearance (72) between the base frame (60) and the floor panel (70). As illustrated in FIG. 3, the slope device (80) has the same width as the door (103) and half the length of the floor panel (70) in the vehicle width direction. A total of four slope devices (80), two in the vehicle width direction and two in the vehicle longitudinal direction, are provided. In this case, instead of simultaneously feeding out the slope boards (87) from the two slope devices (80), which are aligned in the longitudinal direction of the electric vehicle (100) as illustrated in FIG. 3, the control unit (90) may feed out the slightly corrugated slope board (87) of the slope device (80) when the article is loaded or unloaded, and the control unit (90) may feed out the corrugated anti-slip slope board (87) of the slope device (80) when an elderly person or the like walks on the slope board (87). As described, it may be possible to change size, surface corrugation, the surface roughness, or the like of the slope board (87) in accordance with a person or an object that passes the slope board (87). In the electric vehicle (100) that has been described so far, the slope device (80) can be arranged in the clearance (72) between the floor panel (70) and the base frame (60). Thus, loading/unloading of the article or getting-on/off of the vehicle in a wheelchair can be performed smoothly.
Regarding claims 1 and 2, 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 closure of PCT reference WO 2020052569 A1 with a slope device, as taught by Matsuoka et al. US 10493893 B2, with a reasonable expectation of success in order to provide loading/unloading of the article or getting-on/off of the vehicle in a wheelchair can be performed smoothly.
Claim(s) 1 and 7, 8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over PCT reference WO 2020052569 A1 in view of
Yada et al. US 7677494 B2.
PCT reference WO 2020052569 A1 discloses a vehicle closure, comprising: a door (side door 4 as shown in Figures 17 and 18) that is configured for connection to a vehicle body (100 as shown in Figure 1) for movement with respect to an opening (side door opening 12 as shown in Figure 18) of the vehicle body (100 as shown in Figure 1) between a closed position
(as shown in Figure 17) and an open position (as shown in Figure 18); a movable roof panel (top door 3 as shown in Figures 17 and 18) that is configured for connection to the vehicle body (100 as shown in Figure 1) for movement with respect to the opening (side door opening 12 as shown in Figure 18) between a closed position (as shown in Figure 17) and an open position (as shown in Figure 18) by pivoting relative to the vehicle body (100 as shown in Figure 1) (claim 1).
However, PCT reference WO 2020052569 A1 does not show an access structure that is configured to be movable from a stowed position to a deployed position when the door is in the open position, wherein the access structure defines a walking surface in the deployed position (claim 1); and wherein the door is configured to move between the closed position and the open position by pivoting downward and outward relative to the vehicle body, and the access structure includes a movable ramp that is located inside the door in the stowed position and extends outward from the door in the deployed position (claim 7); wherein the door is configured to move between the closed position and the open position by pivoting downward and outward relative to the vehicle body, and the access structure includes a movable ramp that is located adjacent to an interior surface of the door in the stowed position and extends outward from the door in the deployed position (claim 8); wherein the door is configured to move between the closed position and the open position by pivoting downward and outward relative to the vehicle body, and the access structure includes a movable ramp that is configured to translate with respect to the door during movement of the access structure from the stowed position to the deployed position (claim 10); and wherein the door is configured to move between the closed position and the open position by pivoting downward and outward relative to the vehicle body, and the access structure includes a movable ramp that is configured to pivot with respect to the door during movement of the access structure from the stowed position to the deployed position (claim 11).
Yada et al. US 7677494 B2 teaches a vehicle closure, comprising: a door (door 12 as shown in Figure 1) that is configured for connection to a vehicle (body a front part of a body 11 of an aircraft such as a business passenger aircraft as shown in Figure 1) for movement with respect to an opening (opening 11a as shown in Figure 3) of the vehicle body (body 11 as shown in Figure 3) between a closed position (as shown in Figure 8) and an open position
(as shown in Figures 1 and 3); and an access structure (foldable boarding ramp 16 as shown in Figure 1) that is movable from a stowed position (foldable boarding ramp 16 having an upper step 13, an intermediate step 14 and a lower step 15 as shown in Figure 8) to a deployed position (as shown in Figures 1 and 3) when the door (door 10 as shown in Figure 3) is in the open position
(as shown in Figure 3), wherein the access structure (foldable boarding ramp 16 as shown in Figure 1) defines a walking surface (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) in the deployed position (as shown in Figures 1 and 3), and wherein the door (door 10) is configured to move between the closed position (as shown in Figure 8) and the open position (as shown in Figures 1 and 3) by pivoting (hinge line 20 as shown in Figure 3) downward and outward relative to the vehicle body (body 11 as shown in Figure 7), the access structure (foldable boarding ramp 16 as shown in Figure 1) includes a stairway assembly (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) that includes movable stair treads (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) that are connected to the door (door 12 as shown in Figures 3, 7 and 8) and move with respect to the door (door 12 as shown in Figures 3, 7 and 8) during movement of the access structure (foldable boarding ramp 16 as shown in Figure 1) between the stowed position (as shown in Figure 8) and the deployed position (as shown in Figures 1 and 3), and each of the movable stair treads (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) defines a walking surface portion of the walking surface when the access structure (foldable boarding ramp 16 as shown in Figure 1) is in the deployed position (as shown in Figures 1 and 3).
Regarding claims 1 and 7, 8, 10 and 11, 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 sliding side door of PCT reference WO 2020052569 A1 with door pivoting downward and outward relative to the vehicle body and movable ramp, as taught by Yada et al, with a reasonable expectation of success in order to be used for ingress and egress of the passengers and since the boarding ramp is folded into the stored position, it does not impair the space of a passenger compartment.
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.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yada et al. US 7677494 B2.
Regarding claim 13, Yada et al. discloses a vehicle closure, comprising: a door (door 12 as shown in Figure 1) that is configured for connection to a vehicle (body a front part of a body 11 of an aircraft such as a business passenger aircraft as shown in Figure 1) for movement with respect to an opening (opening 11a as shown in Figure 3) of the vehicle body (body 11 as shown in Figure 3) between a closed position (as shown in Figure 8) and an open position
(as shown in Figures 1 and 3); and an access structure (foldable boarding ramp 16 as shown in Figure 1) that is movable from a stowed position (foldable boarding ramp 16 having an upper step 13, an intermediate step 14 and a lower step 15 as shown in Figure 8) to a deployed position (as shown in Figures 1 and 3) when the door (door 10 as shown in Figure 3) is in the open position
(as shown in Figure 3), wherein the access structure (foldable boarding ramp 16 as shown in Figure 1) defines a walking surface (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) in the deployed position (as shown in Figures 1 and 3), and wherein the door (door 10) is configured to move between the closed position (as shown in Figure 8) and the open position (as shown in Figures 1 and 3) by pivoting (hinge line 20 as shown in Figure 3) downward and outward relative to the vehicle body (body 11 as shown in Figure 7), the access structure foldable boarding ramp 16 as shown in Figure 1) includes a stairway assembly (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) that includes movable stair treads (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) that are connected to the door (door 12 as shown in Figures 3, 7 and 8) and move with respect to the door (door 12 as shown in Figures 3, 7 and 8) during movement of the access structure (foldable boarding ramp 16 as shown in Figure 1) between the stowed position (as shown in Figure 8) and the deployed position (as shown in Figures 1 and 3), and each of the movable stair treads (upper step 13, an intermediate step 14 and a lower step 15 as shown in Figures 1 and 3) defines a walking surface portion of the walking surface when the access structure (foldable boarding ramp 16 as shown in Figure 1) is in the deployed position (as shown in Figures 1 and 3).
Regarding claim 14, Yada et al. discloses the vehicle closure of claim 13, wherein the movable stair treads (upper step 13, an intermediate step 14 and a lower step 15) are positioned adjacent to the door (door 12 as shown in Figure 8) when the access structure (foldable boarding ramp 16) is in the stowed position (as shown in Figure 8) and the movable stair treads (upper step 13, an intermediate step 14 and a lower step 15) are disposed at an angle (as shown in Figure 3) relative to the door (door 12) when the access structure (foldable boarding ramp 16) is in the deployed position (as shown in Figures 1 and 3).
Regarding claim 15, Yada et al. discloses the vehicle closure of claim 13, further comprising: a stair movement mechanism (As clearly shown in FIGS. 2 and 6, a first gear 40 includes a sector gear that is pivotally supported by a bracket 38 provided on the inner face of the door 12 through a fulcrum pin 39.
An intermediate/lower-step driving link 42 is pivotally supported at its one end by the intermediate part of the support link 36 through a fulcrum pin 41. The other end of the intermediate/lower-step driving link 42 is pivotally supported through a fulcrum pin 43 at a tip end of an arm 40a extending from the first gear 40. One end of the intermediate step 14 is fixed to a first support shaft 44 bridging the door front side pocket 17 and the door rear side pocket 18. A second gear 45 is fixed to the first support shaft 44, and meshed with the first gear 40.) that is configured to connect the movable stair tread (upper step 13, an intermediate step 14 and a lower step 15) to the door (door 12) and is configured to move the movable stair tread (upper step 13, an intermediate step 14 and a lower step 15) between the stowed position (as shown in Figure 8) and the deployed position (as shown in Figures 1 and 3).
Claim(s) 16, 17, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bedi et al. US 6460915 B1.
Regarding claim 16, Bedi et al. discloses a vehicle closure, comprising: a door (152 as shown in Figure 4) that is configured for connection to a vehicle body (the side 22 of the bed 16 as shown in Figure 4) for movement between a closed position (when door 152 is covering opening 132 as shown in Figure 4) and an open position (as shown in Figure 4) by pivoting outward and downward (as shown in Figure 4 by the arrow near door 152) relative to an opening (opening 132 as shown in Figure 4) defined by the vehicle body (the side 22 of the bed 16 as shown in Figure 4); and a window (window 108a as shown in Figure 4) that is configured for connection to the vehicle body (the side 104 of the bed cap 100 as shown in Figure 4) for movement between a closed position (when window 108a overs the opening 107 as shown in Figure 4) and an open position (as shown in Figure 4), wherein the window (window 108a as shown in Figure 4) and the door (door 152 as shown in Figure 4) are configured to move independently (as shown in Figure 4).
Regarding claim 17, Bedi et al. discloses the vehicle of claim 16, wherein the window (window 108a as shown in Figure 4) is configured to be connected to the vehicle body (the side 104 of the bed cap 100 as shown in Figure 4) by a movement mechanism (an assist mechanism 109 such as a damper as shown in Figure 4) that is operable to move the window (window 108a as shown in Figure 4) between the closed position (when window 108a overs the opening 107 as shown in Figure 4) and the open position (as shown in Figure 4) by pivoting the window (window 108a as shown in Figure 4) upward and inward (as shown in Figure 4) relative to the vehicle body (the side 104 of the bed cap 100 as shown in Figure 4).
Regarding claim 19, Bedi et al. discloses the vehicle closure of claim 16, further comprising: a movable ramp (definition of a ramp: sloping floor, walk, or roadway leading from one level to another; integrated bed side step assembly 110 as shown in Figure 4) that is connected to the door (152 as shown in Figure 4) and is configured to be movable between a stowed position (when door 152 is covering opening 132 as shown in Figure 4) and a deployed position (as shown in Figure 4) with respect to the door (152 as shown in Figure 4), wherein the movable ramp (integrated bed side step assembly 110 as shown in Figure 4) defines a walking surface (steps shown in Figure 4) in the deployed position (as shown in Figure 4).
Regarding claim 20, Bedi et al. discloses the vehicle closure of claim 16, further comprising: a stairway assembly (integrated bed side step assembly 110 as shown in Figure 4) that includes movable stair treads (steps as shown in Figure 4) that are connected to the door (door 152 as shown in Figure 4) and are configured to move with respect to the door (door 152 as shown in Figure 4) between a stowed position (when door 152 is covering opening 132 as shown in Figure 4) and a deployed position (as shown in Figure 4), wherein each of the movable stair treads (steps as shown in Figure 4) defines a walking surface portion in the deployed position (as shown in Figure 4).
Allowable Subject Matter
Claims 4-6, 9, 12 and 18 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 movable ramp is configured to move between the stowed position and the deployed position by moving outward in the lateral direction of the vehicle body in correspondence with movement of the door during the first motion phase and by moving outward and downward relative to the vehicle body in a third motion phase is not taught nor is fairly suggested by the prior art of record.
Claims 5 and 6 depends from claim 4.
Regarding claim 9, wherein the door is configured to move between the closed position and the open position by pivoting downward and outward relative to the vehicle body, the access structure includes a movable ramp, a first walking surface portion of the walking surface is defined by the door when the access structure is in the deployed position and a second walking surface portion of the walking surface is defined by the movable ramp when the access structure is in the deployed position is not taught nor is fairly suggested by the prior art of record.
Regarding claim 12, wherein the access structure includes a movable ramp, the access structure includes a stairway assembly, and movement of the access structure from the stowed position to the deployed position includes movement of a selected one of the movable ramp or the stairway assembly to a respective deployed position, and wherein the movable ramp is located inside the door in the stowed position of the access structure and the stairway assembly is located adjacent to an interior surface of the door in the stowed position of the access structure is not taught nor is fairly suggested by the prior art of record.
Regarding claim 18, wherein the window is configured to be connected to the vehicle body by a movement mechanism that is operable to move the window between the closed position and the open position by translation of the window longitudinally relative to the vehicle 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 3052496 A discloses an opening 16 is provided in the roof portion adjacent the area occupied by the door 14 when in its closed position. This opening is of a suitable width to allow freedom of ingress and egress to and from the vehicle interior when the door is open. Preferably this opening extends for a length equal to the width of the door opening. A closure member or flipper roof panel 17 is provided for opening 16.
US 4014486 A discloses access stairways for aircraft foldable and stowable on board the craft and further relates to such stairways interconnected with an access doorway for coordinated opening of the door and stair.
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, 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.
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/Lori Lyjak/Primary Examiner, Art Unit 3612