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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2023-194865, filed on November 16th, 2023.
Specification
The disclosure is objected to because of the following informalities: Page 5, line 4 - FIG. 1 should be FIG. 2.
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 2 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 2 recites the limitation “…the fixing portions are disposed at an outer peripheral portion so as to interpose at least one of the protrusions.” The language “interpose” suggests that the fixing portion is between at least one of the protrusions but is unclear what the other boundary is. Therefore, this claim is deemed to be indefinite. Appropriate correction is required.
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.
Claims 1, 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kai (JP 2021049949).
Re Claim 1, Kai discloses a vehicle lid device (Fig. 1: 1; Para 0001) comprising:
a lid arm (Fig. 2: 17; Para 0037) rotatably attached to a body of a vehicle to open and close a fuel supply opening or a power supply opening provided in the body; and
an outer panel (Fig. 2: 7; Para 0030) attached to an outer side of the lid arm so that a surface of the outer panel constitutes a design surface of the body, wherein the lid arm includes one or more protrusions (Fig. 2: see annotation) that protrude toward the outer panel so that a distal end of the protrusions contacts a back surface of the outer panel (as seen in Fig. 2).
Re Claim 3, Kai discloses
the lid arm includes a plurality of reinforcing ribs (Fig. 2: as seen annotated) provided on an outer surface of the panel portion to extend in an up-down direction of the vehicle when attached to the body (the reinforcing ribs can be seen extending in the up-down direction);
the reinforcing ribs are arranged side by side in a lateral direction with a gap between the reinforcing ribs (as seen in Fig. 2);
and the protrusions protrude from a distal end of the reinforcing ribs toward the outer panel (as seen in Fig. 2).
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Figure 2 of Kai (JP 2021049949)
Allowable Subject Matter
Claim 2 would be allowable if rewritten to overcome the rejection 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 the necessary limitations of the base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The cited references all disclose a vehicle lid device:
Park (US 11214142 B2) disclose a fuel door which includes a protrusion, a membrane member, and a sealing member.
Yagura (US 11214141 B2) disclose a vehicle lid device with fitting portion between the housing and the lid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASMINE J THOMAS whose telephone number is (571)272-8742. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASMINE JAMES THOMAS/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
July 22, 2026
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