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 Rejections - 35 USC § 112
Claims 1-20 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.
The following claims are vague, indefinite, awkwardly, confusingly worded and/or lacking proper antecedent basis:
“its” and “it” in claims 1 and 6. The limitations are not positively recited and need to have proper antecedent basis.
“in particular” in claims 2-3 and 7. This is a narrative term does not positively recite the limitation.
“designed such” in claim 6 and 13. Everything is made and designed or created.
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) 1, 4, and 12-19 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Arner et al 9108830.
Arner et al disclose the claimed invention as shown in claims below:
1. A jack holder, comprising a base body 13a and a fastening section projecting therefrom, wherein the fastening section for fastening the jack holder is insertable 5 along its longitudinal direction into a receptacle section 14 of a body-fixed receptacle structure of a motor vehicle, wherein the fastening section has at least one latching 37 with a first and second side element which, with respect to an installation position in which the jack holder is fastened to the receptacle structure, interacts in a locking manner with the receptacle section to secure this fastening,
wherein the at least one latching element is designed to be elastically resilient 19 and/or is fastened to a main body of the fastening section in such an elastically resilient manner such that, when the fastening section is inserted into the receptacle section, it elastically deflects and automatically springs back when the installation position is reached to form the locking mechanism.
4. The jack holder according to claim 1, wherein the fastening section has two latching elements which are arranged laterally opposite to one another on the main body of the fastening section. Col. 3, lines 49-54. Frame bracket 11 may be fixed to the vehicle surface using any suitable fastening means that is known or becomes known in the art without departing from the scope of the present invention, for example but not limited to, welding, riveting, threaded-fasteners, or high strength epoxies.
12. The jack holder according to claim 1, wherein the base body has a holding section by means of which a holding part of a jack or a lifting platform can be coupled to the jack holder such that the holding part and the jack holder are secured against slipping relative to one another in the coupled state. Frame bracket 11 may be fixed to the vehicle surface using any suitable fastening means that is known or becomes known in the art without departing from the scope of the present invention, for example but not limited to, welding, riveting, threaded-fasteners, or high strength epoxies.
13. The jack holder according to claim 12, wherein the holding section is designed as a recessed area of the base body which is arranged on a side of the base body opposite to the fastening section. Frame bracket 11 may be fixed to the vehicle surface using any suitable fastening means that is known or becomes known in the art without departing from the scope of the present invention, for example but not limited to, welding, riveting, threaded-fasteners, or high strength epoxies.
14. The jack holder according to claim 1, wherein the base body has a guide template by means of which a drill can be guided to a connection point at which the at least one latching element is connected to the or a main body of the fastening section, in order to separate the at least one latching element from the main body by means of the drill. The template can be pencil drawings through the holes which is well known in the art as being a template
15. A motor vehicle having at least one body-fixed receptacle structure, wherein at least one jack holder according to claim 1 is installed on the at least one receptacle structure. See Fig.1
16. The motor vehicle according to claim 15, wherein the receptacle structure is fastenable using a fastening means of a transport device, so that the body held by the fastening means on the transport device can be transported during manufacturing by means of the transport device. See Fig.3 which shows all of the parts which are transportable AKA the box you buy it in.
17. The jack holder according to claim 2, wherein the at least one latching element tapers 37 with a first and second side along the longitudinal direction of the fastening section with increasing distance from the base body, in particular in a parabolic shape.
18. The jack holder according to claim 2, wherein the fastening section has two latching elements 37 with a first and second side which are arranged laterally opposite to one another on the main body of the fastening section.
19. The jack holder according to claim 3, wherein the fastening section has two
latching elements 37 with a first and second side which are arranged laterally opposite to one another on the main body of the fastening section.
Claim(s) 1,5-7, 12-16, and 20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Mansi et al 3863894.
Mansi et al disclose the claimed invention as shown in claims below:
1. A jack holder, comprising a base body 12 and a fastening section projecting therefrom, wherein the fastening section for fastening the jack holder is insertable 5 along its longitudinal direction into a receptacle section 18 of a body-fixed receptacle structure of a motor vehicle, wherein the fastening section has at least one latching 10 with a first and second side element which, with respect to an installation position in which the jack holder is fastened to the receptacle structure, interacts in a locking manner with the receptacle section to secure this fastening,
10 wherein the at least one latching element is designed to be elastically resilient 24 and/or is fastened to a main body of the fastening section in such an elastically resilient manner such that, when the fastening section is inserted into the receptacle section, it elastically deflects and automatically springs back when the installation position is reached to form the locking mechanism.
5. The jack holder according to claim 1, wherein in addition to the fastening section, at least one alignment pin projecting from the base body is provided, which, when the fastening section is inserted into the receptacle structure, is inserted into at least one alignment opening of the receptacle structure and/or a body of the motor vehicle. See Fig.3
6. The jack holder according to claim 1, wherein the at least one latching element is designed such that when the fastening section is inserted into the receptacle section, it deflects into a cavity of the fastening section. See Fig.3
7. The jack holder according to claim 6, wherein a securing pin 28 insertable into the cavity of the fastening section, wherein the cavity is at least partially, in particular completely, filled by the securing pin inserted therein to increase the mechanical strength of the fastening section.
12. The jack holder according to claim 1, wherein the base body has a holding section by means of which a holding part 20 of a jack or a lifting platform can be coupled to the jack holder such that the holding part and the jack holder are secured against slipping relative to one another in the coupled state.
13. The jack holder according to claim 12, wherein the holding section is designed as a recessed area of the base body which is arranged on a side of the base body opposite to the fastening section. See Fig.3
14. The jack holder according to claim 1, wherein the base body has a guide template by means of which a drill can be guided to a connection point at which the at least one latching element is connected to the or a main body of the fastening section, in order to separate the at least one latching element from the main body by means of the drill. The template can be pencil drawings through the holes which is well known in the art as being a template
15. A motor vehicle having at least one body-fixed receptacle structure, wherein at least one jack holder according to claim 1 is installed on the at least one receptacle structure. See Fig.3
16. The motor vehicle according to claim 15, wherein the receptacle structure is fastenable using a fastening means of a transport device, so that the body held by the fastening means on the transport device can be transported during manufacturing by means of the transport device. See Fig.3 which shows all of the parts which are transportable AKA the box you buy it in.
20. The jack holder according to claim 2, wherein in addition to the fastening section, at least one alignment pin projecting from the base body is provided, which, when
the fastening section is inserted into the receptacle structure, is inserted into at least one alignment opening of the receptacle structure and/or a body of the motor vehicle. See Fig.3
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arner et al 9108830 .
Arner et al discloses the claimed invention as recited in the claims above except for plastic.
Materials such as plastic are well known substitutes for expense, weight, and avaliabitiy would have been obvious to one having ordinary skill in the art at the time the invention was filed to have known to use plastic as matter of obvious design choice. KSR
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arner et al 9108830 in view Peveler 6099016.
Arner et al discloses the claimed invention as recited in the claims above except , seals an area arranged between the jack holder and the receptacle structure, in which an insertion opening of the receptacle section is located, in a liquid-tight manner.
Peveler discloses the jack having a holder 20 which has gasket (not shown but disclosed ((The cover 32 includes a gasket (not shown) on its underside to seal the interface between the cover and body 20. )) between the body and cover 32 which vill provide a soft liquid seal and it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the Peveler device by providing a gasket yielding the predictable result of sealing. KSR
Allowable Subject Matter
Claims 3 AND 5-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The 892 form discloses prior art being made of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 June 16, 2026
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