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 .
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)(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.
Claim(s) 2-8 and 10-21 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Tianjin (CN 1120716 A; cited by Applicant). With respect to claims 2-5, 10, 16, 21, Tianjin (note in particular paragraphs 0008,0015,0017,0034,0040,0042; All the Figures) discloses the claimed surfboard 20 with a surfboard body 20 extending along a longitudinal direction L and having an upper surface (Figure 3) and an opposite bottom surface, an upwardly open cavity (Figures 2-4) formed in the upper surface, an electric drive (inherently) for propelling the surfboard, a battery housing 110 having an upper face and being connected with the electric drive for supplying electrical energy, the upper face having a recess (note recess for handle 200) extending between opposite side faces of the battery housing being removably received in the cavity, a bracket handle 200 with a central portion and opposite side portions defining arms 210 pivotally mounted 120 to the battery housing to allow turning of the bracket handle between a carrying position (Figure 5) for carrying the battery housing when removed from the cavity and a second position nested in the recess (Figure 3), a latch 211, 40 with latching portion 140, 211 in releasable engagement with the bracket handle when nested in the recess (15, 39, 41 or claim 8). Tianjin further discloses one or both of the arms releasably engaged with the surfboard body in the second position to prevent removal of the battery housing (Figure 2; 600). With respect to claims 6-8, 11-12, note Tianjin, Figures 2-4. With respect to claims 13-14, 20, note Tianjin, Figure 2, 400. With respect to claim 15, note Tianjin, Figure 2, 600. With respect to claims 17-19, note Tianjin, 211, 140.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tianjin (CN 1120716 A; cited by Applicant) in view of Heidenreich et al (US 2003/0022545; cited by Applicant). With respect to claim 9, Tianjin does not disclose the particular claimed latch. Heidenreich et al teach a specific latch assembly (note all the Figures). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Tianjin with a latch in the manner claimed as taught by Heidenreich et al with a high likelihood of success for improved ease of use. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of the claimed invention would have some years of experience and would be familiar with various latching systems and would have found the combination to have been obvious.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Langelaan (US 9359044) shows a surfboard.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615
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