Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
1. Claims 2-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kuntze et al. (US 8,056,913) in view of Goldstein (US PG PUB 2006/0091642).
[CLAIM 2] Regarding claim 2, Kuntze discloses a retractable vehicle step (26), comprising:
a mounting portion (Kuntze FIG 4, brackets of assembly 44) configured to mount to a vehicle (10);
a step bracket (Kuntze FIG 4, 32 receives the step tread 30);
a linkage (Kuntze FIG 4 shows the complete step assembly 26) connecting the step bracket to the mounting portion, the linkage comprising at least one arm (Kuntze FIG 4, 52-56 are actuating structure), the linkage being configured to move the step bracket with respect to the mounting portion between a retracted position and a deployed position (Kuntze FIG 4 and FIG 9 show retracted and extended positions); and
a stepping member (30) comprising a stepping surface that extends along a longitudinal direction (Kuntze, FIG 9),
wherein the step bracket (Kuntze, FIG 4, bracket 32) is configured to receive the stepping member (30).
-However, in Kuntze the step and bracket are positionally fixed such that they do not have a first configuration and a second configuration with respect each other.
-Nevertheless, Goldstein illustrates such configurations for a step assembly, see FIGS 2-3.
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kuntze to have an assembly with positions or configurations as taught by Goldstein.
-Additionally: wherein the second configuration comprises positioning the stepping member with respect to the step bracket in a different position along the longitudinal direction than in the first configuration (Goldstein FIGS 2-3).
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[CLAIM 3] Regarding claim 3, Kuntze/Goldstein teach the retractable vehicle step of Claim 2, wherein the vehicle comprises a longitudinal axis, and the longitudinal direction of the stepping surface is parallel to the longitudinal axis of the vehicle (Kuntze, FIGS 1-3, Goldstein, FIGS 2-3).
[CLAIM 4] Regarding claim 4, Kuntze/Goldstein teach the retractable vehicle step of Claim 2, wherein each of the step bracket and the stepping member comprises a plurality of connector elements that mate together in a number of predefined positions (Goldstein, pins, apertures and lock/latch which are represented by 61, 63, 67 and 71 are adapted to connect the step member and step bracket in FIG 5) and wherein one of the plurality of stepping member connector elements or the plurality of step bracket connector elements comprises protruding elements (Goldstein pins 61 and bolt 67 protrude so that they can be removed when desired) and the other of the plurality of stepping member connector elements or the plurality of step bracket connector elements comprises cavities into which the protruding elements may be received (Goldstein, apertures 71 receive pins 61 and bolt 67).
[CLAIM 5] Regarding claim 5, Kuntze/Goldstein teach the retractable vehicle step of Claim 4, wherein the stepping member comprises at least two more connector elements than the step bracket (Goldstein’s step member includes six exemplary apertures 71 v. a single aperture 71 that is formed in the step bracket which receives a single bolt 67).
[CLAIM 6] Regarding claim 6, Kuntze/Goldstein teach the retractable vehicle step of Claim 2, wherein the step bracket is further configured to receive the stepping member in at least a third configuration, wherein the third configuration comprises positioning the stepping member in a centered position along the longitudinal direction with respect to the step bracket, and the first and second configurations comprise positioning the stepping member offset from the centered position along the longitudinal direction
(Goldstein, FIGS 4-5 illustrates the positional selection of the step relative to the bracket. Regarding arrangement of components/parts see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kuntze/Goldstein to have an array of selectable retention means with a reasonable expectation of success in order to provide desirable placement and consideration for ease of use).
[CLAIM 7] Regarding claim 7, Kuntze/Goldstein teach the retractable vehicle step of Claim 2, wherein the mounting portion comprises a plurality of mounting components (Kuntze FIG 4, step assembly 44 illustrates the mounting connectors and structure) configured to fit together in two or more configurations that position an upper end of the linkage in different positions with respect to the vehicle (Kuntze, FIG 10 is an exemplary embodiment of the configurations which move to/from extended and retracted positions).
[CLAIM 8] Regarding claim 8, Kuntze discloses a retractable vehicle step, comprising: a mounting portion (Kuntze, FIG 4, brackets in assembly 44) configured to mount to a vehicle (10); a stepping member (30) comprising a stepping surface (Kuntze, FIG 4); and a linkage comprising at least one arm (Kuntze FIG 4 shows the complete step assembly 26 with linkage arms that selectively retract and extend), the linkage being configured to move the stepping member with respect to the mounting portion between a retracted position and a deployed position (Kuntze FIG 10), wherein the mounting portion comprises: a first mounting component configured to attach to a first portion of the vehicle (Kuntze FIG 14); and a second mounting component removably attachable to the first mounting component, the second mounting component configured to attach to a second portion of the vehicle (Kuntze, annotated FIG 14 shows separate hinges mountable to the vehicle frame and are ultimately connected together by the step assembly).
-However, Kuntze does not teach wherein the stepping surface of the stepping member extends along a longitudinal direction and the stepping member is mountable in at least two different longitudinal positions with respect to the linkage
-Nevertheless, Goldstein illustrates such configurations for a step assembly, see FIGS 2-3.
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kuntze to have an assembly with positions or configurations as taught by Goldstein.
[CLAIM 9] Regarding claim 9, Kuntze discloses a retractable vehicle step, comprising: a mounting portion (Kuntze FIG 5, brackets of assembly 44) configured to mount to a vehicle (10); a stepping member (30 and 34) comprising a stepping surface the extends along a longitudinal direction (Kuntze, FIG 5); and a linkage comprising at least one arm (Kuntze FIG 5 shows the complete step assembly 26 with linkage arms that selectively retract and extend), the linkage being configured to move the stepping member with respect to the mounting portion between a retracted position and a deployed position (Kuntze is an exemplary retractable power step), the deployed position being laterally outward of the retracted position wherein the mounting portion comprises: a first mounting component (Kuntze FIG 5, Arm 56) configured to attach to a portion of the vehicle (10); and a second mounting component (Kuntze FIG 5, Arm 74) removably attachable to the first mounting component (Kuntze FIG 5, Arm 56. Each of 56 and 74 can be disconnected if desired via the fastening connectors), wherein the second mounting component (Kuntze FIG 5, Arm 74) is removably attachable to the first mounting component (Kuntze FIG 5, Arm 56. Each of 56 and 74 are attached via the fasteners) in at least a first position and a second position, wherein the first position comprises attaching the second mounting component to the first mounting component in a position that is laterally outward of the second position (Depending on the step orientation, each of the arms 56 and 74 in FIG 5 can be connected in retracted and deployed positions which alters the lateral position and can be disconnected in the most accessible position).
-However, Kuntze does not teach wherein the stepping member is mountable in at least two different longitudinal positions with respect to the linkage.
-Nevertheless, Goldstein illustrates such configurations for a step assembly, see FIGS 2-3.
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Kuntze to have an assembly with positions or configurations as taught by Goldstein.
REPLY TO ARGUMENTS
Kuntze et al. (US 8,056,913) is an exemplary modular step that is adaptable for each of the vehicle applications/embodiments claimed by Applicants and addressed individually above in view of the features of Goldstein (US PG PUB 2006/0091642).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J TRIGGS whose telephone number is (571)270-3411. The examiner can normally be reached on 9AM-6PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached on (571)272-.4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J TRIGGS/Examiner AU 3615
/MARC BURGESS/Primary Patent Examiner, Art Unit 3615
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