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 .
Drawings
The drawings are objected to because the details of the figures that are photographs are hard to see. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning (see MPEP 608, 37 CFR 1.84(I)).
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claims 1 and 2 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 pre-AIA the applicant regards as the invention.
Claim 1 is rejected as being unclear due to the recitation of “the corresponding slot assembly.” It is unclear if this limitation is referring to a first slot attachment assembly and a third slot attachment assembly.
Claim 1 is rejected as reciting “in a manner that substantially prevents. . . .” It is unclear what the metes and bounds of the limitation are, which render the claim vague and indefinite.
Claim 2 is rejected as being unclear due to the recitation of “the corresponding slot assembly.” It is unclear if this limitation is referring to a first slot attachment assembly, a second slot attachment assembly, a third slot attachment assembly, or a combination thereof.
Claim 2 recites “an accessory” in line 2 and “an accessory” in line 4; it is unclear if these limitations are referring to the same accessory, different accessories, or the accessory recited in claim 1 from which claim 2 depends.
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 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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Wilkins (U.S. 10,493,905 B2) [905].
Regarding Claim 1, as best understood, Reference [905] discloses a bull bar mounting module (100) configured to secure at least one accessory to a bull bar, comprising: a front side (front), a top side (top), a rear side (rear), and a bottom side (bottom); a first slot attachment assembly (between left and right sides of 200/400 front) defined in the front side and a third slot attachment assembly (between left and right sides of 200/400 rear) defined in the rear side; at least first and second mounting portions (200a, 200b) that are secured together in a manner that substantially prevents disassembly of the mounting module from a bull bar when an accessory is secured to at least one of the front or rear side of the mounting module using the corresponding slot assembly.
The examiner notes that “when an accessory is secured” is not positively recited, is an effectuated result, and is interpreted as intended use. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding Claim 2, as best understood, Reference [905] discloses further comprising a lock mount assembly (422) configured to lockingly secure an accessory (30) to a second slot attachment assembly (between left and right sides of 200/400 top) defined on the top side when an accessory is mounted to one of the front or rear side of the mounting module using the corresponding slot assembly.
The examiner notes that “when an accessory is mounted” is not positively recited, is an effectuated result, and is interpreted as intended use. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner notes that attaching components to vehicles through mounted assemblies. Relevant prior art U.S. 6,457,733 discloses a front mounted hitch receiver. Relevant prior art U.S. 12,134,869 discloses a removable winch mount.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON W SAN whose telephone number is (571)272-6531. The examiner can normally be reached on M-F 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Fristoe can be reached on 571-272-4926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON W SAN/SPE, Art Unit 3677