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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species I, in the reply filed on 7/1/26 is acknowledged.
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 4 and 5 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.
Claim 4 recites the limitation "the rectangular volume" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
The term “about” in claim 5 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim requiring a change in volume of between “about 50% and about 90%” and preferably between “about 60% and about 80%” makes the scope of the claim unascertainable since it is unknown what values would actually be considered as being defined by the ranges since what is to be encompassed by “about” is never disclosed.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or 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 5 recites the broad recitation “about 50% and about 90%”, and the claim also recites “about 60% and about 80%” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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 and 4-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Straussler (3004619). Straussler discloses a ride-on vehicle having a main chassis with a front chassis portion (1) and a rear chassis portion (2), a plurality of wheels (10, 11) wherein at least one wheel (11) is connectable to the front chassis portion and at least one wheel (10) is connectable to the rear chassis portion (Figs. 1-2). The front chassis portion is slidable relative to the rear chassis portion between a nested state (Figs. 3-4) and an expanded state (Figs. 1-2), wherein a rectangular volume of the main chassis in the nested state is half a rectangular volume of the main chassis in the expanded state (Figs. 1-4, column 4 lines 52-59). A structural support frame of the vehicle has a front frame portion with a plurality of tubular members (3) connected to and carrying the front chassis portion and a rear frame portion with a plurality of tubular members (4) connected to and carrying the rear chassis portion (Figs. 1 & 2). The front and rear frame portions are connected through a telescoping connection (13) wherein a releasable lock member (14) is able to lock a relative position of the front and rear frame portions in the expanded state (Figs. 1-2, column 2 lines 3-10).
Claim(s) 1, 2, 4 and 6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sung (6793248). Sung discloses an electric ride-on vehicle (column 1 lines 36-39) having a main chassis with a front chassis portion (10) and a rear chassis portion (20), a plurality of wheels wherein at least one wheel is connectable to the front chassis portion and at least one wheel is connectable to the rear chassis portion (Figs. 1-2). The front chassis portion is slidable relative to the rear chassis portion between a nested state (Fig. 7) and an expanded state (Fig. 1), wherein a rectangular volume of the main chassis in the nested state is less than a rectangular volume of the main chassis in the expanded state (Figs. 1 & 7). A structural support frame of the vehicle has a front frame portion with a plurality of tubular members (11) connected to and carrying the front chassis portion and a rear frame portion with a plurality of tubular members (21) connected to and carrying the rear chassis portion (Figs. 1 & 2). The front and rear frame portions are connected through a telescoping connection (Figs. 3-6) wherein a releasable lock member (26) is able to lock a relative position of the front and rear frame portions in the expanded state (Figs. 1 & 5-6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA HYLINSKI whose telephone number is (571)272-2684. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
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