The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant's election with traverse of Group I (claims 1-13 and 27-32) in the reply filed on 4/17/26 is acknowledged. The traversal is on the ground(s) that claims 14-26 (as amended) depend at least indirectly on elected claim 1. This is found persuasive and the election requirement is hereby vacated. An action on the merits of all claims follows.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: 131, and because they do include the following reference character not mentioned in the description: 31. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The disclosure is objected to because of the following informalities:
In par. [0061] of the published application, the reference to “countersink 170” should apparently be --117--, and the recitation “flow pan” should apparently be --floor pan--.
In par. [0064], it is not clear what is meant by “parallel he extending”.
In par. [0067], it is not clear what is meant by “ask tends”.
In par. [0069], the first sentence indicates that “Fig. 7 shows floor plate 3 in the lowered position …”, but floor plate 3 is shown in the raised position in that figure.
In par. [0075], the reference to “rope 8” should apparently be --87--.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). This also applies to the similar recitations “preferably” and “in particular” in the claim.
It is also noted that a broad limitation together with a narrow limitation that falls within the broad limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitations “automobile cabin floor”, “door area of an automobile”, “lifted travel position”, and “lifting device”, and the claim also recites “preferably for a … door area of an automobile”, “in particular a rear door area of an automobile”, “preferably horizontal”, and “such as a pivotable lever”, respectively, which are the narrower statements of the limitations. The claim is considered indefinite because there is a question or doubt as to whether the features introduced by such narrower language are (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) required features of the claim.
The examiner notes that this issue is rampant throughout the claims and each such occurrence will not be explicitly pointed out. It is noted that every claim except claims 2, 12, 22, 27, 31 and 32 contains at least one occurrence of at least one of these indefinite phrases.
Additionally, in claim 3, the recitation “the lifting device is a lever is connected … at its second end … to the floor plate is not understood, as it seems to contradict the recitation in claim 1 that a slider is “interposed between the lifting device and the floor plate”.
Claim 6, line 2, --the-- should be inserted before “slider”;
and lines 5-6, the recitation “does essentially not forcibly engage” is vague and fails to clearly present a meaningful patentable limitation.
Claim 12, line 2, --to-- should apparently be inserted before “be”.
Claim 13, line 3, the recitation “the actuator connector” lacks antecedent basis (in claim 1).
Claim 24, line 2, the recitation “the locking pin guide” lacks antecedent basis (in claim 15).
Claim 28, line 1, the recitation “characterized in by” is unclear.
Claim 29, the recitations “the translational support”, “the sliding and/or rolling surface” and “the slider and/or roller counterpart” lack antecedent basis (in claim 28).
Claim 31, it is not understood what is meant by “the … floor is free of a section moveable out of the automobile”.
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 1-3, 5-7, 12, 25-28 and 30-32 (as best understood in light of the rejections set forth above under 35 U.S.C. 112) are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boston (US 12,077,086).
Note: for consistency, limitations which are not clearly required (e.g., those following any of the phrases “such as”, “in particular” and “preferably”, as noted above in par. 7) will generally not be accorded patentable weight and therefore will not be treated for examination purposes. This should not be construed as an indication that the reference does not teach such limitations. This also applies to rejections which follow.
Boston shows an adjustable automobile cabin floor[, preferably for arrangement in a pan in a door area of an automobile, in particular a rear door area of automobile], the adjustable automobile cabin floor comprising a floor plate (13) for carrying a wheelchair, at least one joint (25) for attaching the floor plate to the automobile chassis such that the floor plate is moveable between a lowered loading position (Figs. 1, 4) and at least one[, preferably horizontal,] lifted travel position (Figs. 2, 6-8), at least one bearing (24 and/or 28) attachable to the automobile chassis below the floor plate, and a lifting device 26 for elevating and/or lowering the floor plate[, such as a pivotable lever], supported by the bearing ,characterized by a slider (23) translationally moveable along the floor plate, the slider being interposed between the lifting device and the floor plate.
Re claim 2, the slider couples the floor plate kinematically to the lifting device.
Re claim 3, the lifting device is a lever (21) connected at its first end to the bearing and at its second end[, in particular opposite the first end,] to the floor plate.
Re claim 5, the lifting device has a liftoff configuration, in which the floor plate is supported by the bearing in a rolling and/or sliding manner (Fig. 5), and the lifting device has a stilt configuration, in which the floor plate is supported by the bearing through the lifting device (Figs. 6-8)[, in particular the lever (7)].
Re claim 6, in the liftoff configuration, the lifting device[, in particular the lever (7),] is connected to the slider and/or to the bearing through a sliding engagement providing a predetermined range of translational freedom, such that in the liftoff configuration, the slider does essentially not forcibly engage the lifting device.
Re claim 7, the slider and the bearing are provided with a sliding and/or rolling surface[, in particular formed on the bearing (5),] cooperating with a slider and/or roller counterpart[, in particular formed on the slider (9),] configured to support the floor plate in the liftoff configuration and to urge a relative vertical motion of the floor plate with respect to the bearing dependent on a sliding motion of the slider along the translational direction.
Re claim 12, the floor plate is configured be “held” (as broadly recited) in a multitude of intermediate positions between the lowered position and the travel position.
Re claim 25, Boston shows a wheelchair access system (10) for an automobile (100)[, in particular for attachment to a rear door area of the automobile], comprising an adjustable automobile cabin floor (13) according to claim 1, and a ramp (14) moveable between a[, particularly vertical,] transport position and/or a passive[, in particular horizontal,] position folded into the automobile (Fig. 7), and an inclined entry position (Figs. 1, 4-6), characterized in that the ramp is mounted to the automobile chassis independently and/or moveable independently of the adjustable automobile cabin floor.
Re claim 26, the ramp and the adjustable automobile cabin floor are configured such that the ramp in its inclined entry position corresponds to[, in particular lies flush with,] the adjustable automobile cabin floor in an inclined lowered loading position (Figs. 1, 4).
Re claim 27, Boston shows an automobile (100) comprising the adjustable automobile cabin floor (13) according to claim 1 (Fig. 1).
Re claim 28, Boston shows a pan (11) arranged in a door area of the automobile, [in particular in a rear door area of the automobile,] wherein the adjustable automobile cabin floor is arranged in the pan.
Re claim 30, the floor plate is contained within the pan (Figs. 1, 3)[, wherein in particular the adjustable automobile cabin floor is contained within the pan].
Re claim 31, as can best be determined, the adjustable automobile cabin floor is deemed to be “free of a section moveable out of the automobile into an entry position”, as indefinitely claimed.
Re claim 32, the examiner notes that the language “electrically driven” is solely recited in a preamble recitation in the claim. When reading the preamble in the context of the entire claim, the recitation “electrically driven” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. As such, Boston is deemed to show an automobile according to claim 27 which is capable of being electrically driven.
Claims 1-3, 12, 14 and 27-32 (as best understood in light of the rejections set forth above under 35 U.S.C. 112) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brion et al (EP 3798084, cited by applicant).
Brion shows an adjustable automobile cabin floor[, preferably for arrangement in a pan in a door area of an automobile, in particular a rear door area of automobile], the adjustable automobile cabin floor comprising a floor plate (9) for carrying a wheelchair, at least one joint (A1) for attaching the floor plate to the automobile chassis such that the floor plate is moveable between a lowered loading position (Fig. 19) and at least one[, preferably horizontal,] lifted travel position (Fig. 18), at least one bearing (56) attachable to the automobile chassis below the floor plate, and a lifting device 57 for elevating and/or lowering the floor plate[, such as a pivotable lever], supported by the bearing ,characterized by a slider (58) translationally moveable along the floor plate, the slider being interposed between the lifting device and the floor plate.
Re claim 2, the slider couples the floor plate kinematically to the lifting device.
Re claim 3, the lifting device is a lever connected at its first end to the bearing and at its second end[, in particular opposite the first end,] to the floor plate.
Re claim 12, the floor plate is configured be “held” (as broadly recited) in a multitude of intermediate positions between the lowered position and the travel position.
Re claim 14, the slider comprises a travel limiting device (24) for selectively inhibiting the movement of the floor plate[, in particular at least in the lowered position].
Re claim 27, Brion shows an automobile (100) comprising the adjustable automobile cabin floor according to claim 1 (Fig. 1).
Re claim 28, Brion shows a pan (1) arranged in a door area of the automobile, [in particular in a rear door area of the automobile,] wherein the adjustable automobile cabin floor is arranged in the pan.
Re claim 29, the bearing is arranged in a “countersink”, as broadly claimed (Figs. 7, 12) of the pan, wherein the lifting device and/or the slider [, in particular the translational support (91),] are retractable into the countersink (117), 10 and/or wherein one of the sliding and/or rolling surface and the slider and/or roller counterpart is formed on the bearing and arranged in the countersink and the other one thereof is retractable into the countersink.
Re claim 30, the floor plate is contained within the pan (Figs. 2-3)[, wherein in particular the adjustable automobile cabin floor is contained within the pan].
Re claim 31, as can best be determined, the adjustable automobile cabin floor is deemed to be “free of a section moveable out of the automobile into an entry position”, as indefinitely claimed.
Claim 32 is treated in the same manner set forth above with respect to the Boston reference, i.e., Brion is deemed to show an automobile according to claim 27 which is capable of being electrically driven.
Although the prior does not clearly render claims 4, 8-11, 13 and 15-24 unpatentable and has therefore not been applied, this does not necessarily indicate that these claims contain allowable subject matter. Because these claims so seriously fail to meet the requirements of 35 U.S.C. 112(b), as noted above in par. 7, it is not possible to properly apply the art to these claims without disregarding portions of the express wording of the claims and thus resorting to speculation and conjecture as to the particular invention defined therein. See Ex Parte Lyell, 17 USPQ2d 1548, 1552.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
6/08/26
Prosecution Insights