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 .
Claim Objections
Claim 12 is objected to because of the following informalities: “if” in line 2 of Claim 12 should be changed to – of – for grammatical clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 10 is 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.
Claim 10 recites the limitation "the fender bracket bolt" in line 2. There is insufficient antecedent basis for this limitation in the claim. There is, however, proper antecedent basis for “a fender bracket bolt” (line 2) of Claim 7. Was claim 10 intended to depend from Claim 7? For purposes of examination, Claim 10 has been examined to have depended from Claim 7.
Claim Rejections - 35 USC § 102
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) 1-2, 11, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2008/0029989 issued to Griffiths.
Regarding Claim 1, Griffiths teaches in Figures 1-4 and respective portions of the specification a fender suspension arrangement (30) for suspending a fender (32) of a vehicle,
the fender suspension arrangement comprising:
a bracket (34), connectable to a frame (22) of the vehicle (10);
an elongated tube (40) attached to the bracket ();
a pair of fender brackets (44) connectable to the fender (32) of the vehicle (10), wherein the fender brackets (44) are attached to the elongated tube (40) at a distance from each other; and
an elongated washer element (the horizontal portion of arm 34 that couples between the upright portion of arm and the inner bracket 44), arranged in abutment with the elongated tube (40), the elongated washer element extending between (see Figures 1-4), and being connected to, the bracket (34) and at least one of the fender brackets (44).
wherein the elongated washer element is connected to the fender bracket, of the pair of fender brackets, positioned closest to the bracket
Regarding Claim 2, Griffiths teaches the elongated washer element (the horizontal portion of arm 34) is connected (via element 50) to the fender bracket (44), of the pair of fender brackets, positioned closest to the bracket.
Regarding Claim 11, Griffiths teaches the elongated tube (40) comprises a first longitudinal end portion attached to (see Figures), and extends from, the bracket (34), and second longitudinal end portion (the end of tube 40 closest to the fender brackets 44) arranged longitudinally opposite to the first longitudinal end portion.
Regarding Claim 19, Griffiths teaches a fender arrangement (Figure 1) for a vehicle, the fender arrangement comprising a fender (32) and the fender suspension arrangement of claim 1, wherein the fender (32) is attached to the pair of fender brackets (44).
Regarding Claim 20, Griffiths teaches a vehicle (10), comprising a vehicle frame (22) and the fender arrangement of claim 19, wherein the bracket (34) is attached to the vehicle frame (22).
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, 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) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Griffiths, as disclosed above.
Regarding Claim 16, Griffiths disclose the claimed invention except for explicitly disclosing if the bracket is formed by cast iron; or in re claim 17 if the elongated tube is made of a metallic material; or in re claim 18 if the elongated washer element is made of a metallic material.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to fabricate in re claim 16 the bracket is from cast iron; or in re claim 17 the elongated tube of a metallic material; or in re claim 18 the elongated washer element from a metallic material., since it has been held that where the general condition of a claim are disclose in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Allowable Subject Matter
Claim 3-9 and 12-15 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: the primary reason for the indication of allowable subject matter in this case is the inclusion of: in re claim 3 wherein the elongated washer element is arranged inside the elongated tube and connected to the bracket and the at least one fender bracket via the elongated tube; in re claim 4 where at least one bracket bolt, the at least one bracket bolt fixes the elongated tube and the elongated washer element to the bracket; in re claim 7 where the fender suspension arrangement comprises a fender bracket bolt, the fender bracket bolt fixating the elongated tube and the elongated washer element to the at least one fender bracket; in re claim 9 where the at least one fender bracket includes two surface portions arranged in abutment with the elongated tube, the two surface portions arranged on opposite sides of the elongated tube in a direction perpendicular to the extension of the elongated tube; in re claim 12 where one fender bracket of the pair of fender brackets is arranged in the vicinity of the bracket, and the other fender bracket of the pair of fender brackets is arranged in the vicinity of the second longitudinal end portion; in re claim 13 wherein the pair of fender brackets each comprises an elongated fender connection surface extending from, and in a direction perpendicular to, the elongated tube, wherein each of the elongated fender connection surfaces includes at least one connector element configured to connect the fender to the fender bracket; in re claim 14 where the elongated tube includes a rectangular cross section, in combination with the other elements recited, not found in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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BRIAN SWENSON
Primary Examiner
Art Unit 3618
/BRIAN L SWENSON/Primary Examiner, Art Unit 3613