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 .
DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-26, 28-36, and 38-40 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Roberts, Jr. et al. (3325636).
For claim 21, Roberts, Jr. et al. disclose a bumper (FIG.1) for use on a vehicle, the bumper comprising:
a main body (14) having a central opening (FIGS.3-4) formed therein,
the main body defining a forward surface and an opposing rearward surface; and
at least one mounting arm (20) coupled to the main body (14) and being connectable to the vehicle (Col 2, lines 36-40); and
a pivoting assembly pivotally connected to the main body, the pivoting assembly comprising:
a light bar (16) having a body and one or more lights coupled to the body and configured to emit light along an emitting axis; and a cover plate coupled to the body of the light bar;
the pivoting assembly being configured to be moveable relative to the main body about an axis (compare FIGS.3 and 4 where 16 is pivoted about axis, not shown) which passes through a central region of the light bar to facilitate transition of the light bar between a closed position and an open position,
in the closed position (FIG.3), the cover plate (18) extending within the central opening and the light bar (16) being positioned so that the emitting axis does not extend through the central opening,
in the open position (FIG.4), the cover plate (18) being spaced rearwardly from the central opening and the light bar (16) being positioned rearwardly from the central opening so as not to protrude through the central opening and so that the emitting axis extends through the central opening,
wherein the at least one mounting arm (20) extends rearward of the light bar (as seen in FIGS.3-5, where power unit (24) to which mounting arm (20) attaches is positioned rearward of the light bar).
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For claim 31, Roberts, Jr. et al. disclose a bumper for use on a vehicle, the bumper comprising:
a main body (14) having an opening formed therein;
at least one mounting arm (20) coupled to the main body (14) and being connectable to the vehicle (Col 2, lines 36-40); and
a light assembly (16) moveably connected to the main body and operatively connected to the actuator, the light assembly comprising:
a light bar (16) having a body defining an elongate central axis (compare FIGS.3 and 4 where 16 pivots about an axis, not shown), and one or more lights coupled to the body and configured to emit light along an emitting axis; and
a plate (18) coupled to the body of the light bar;
a pivoting assembly being configured to be moveable relative to the main body about the central axis to facilitate transition of the light bar between a closed position and an open position,
in the closed position (FIG.3), the plate (18) extending within the central opening and the light bar being positioned so that the emitting axis does not extend through the central opening,
in the open position (FIG.4), the plate (18) being spaced rearwardly from the central opening and the light bar being positioned rearwardly from the central opening so as not to protrude through the central opening and so that the emitting axis extends through the central opening,
wherein the at least one mounting arm (20) extends rearward of the light bar (as seen in FIGS.3-5, where power unit (24) to which mounting arm (20) attaches is positioned rearward of the light bar).
For claims 22 and 32, further comprising
an actuator (28,53) connected to the main body and the pivoting assembly, the actuator being pivotable relative to the main body to drive the pivoting assembly between the closed position and the open position.
For claims 23 and 33, the actuator (28,53) includes a main housing and a distal rod (53), the main housing being pivotable relative to the main body and the distal rod being translatable relative to the main housing.
For claims 24 and 34, the main body includes a recess (FIGS.3-4) extending inwardly from an outer plane, the central opening being located within the recess.
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For claims 25 and 35, the main body includes an upper surface and a lower surface extending from opposite sides of the central opening, both the upper and lower surfaces being angled (perpendicularly) relative to the central opening.
For claims 26 and 36, the cover plate is complementary in size and shape to the central opening (FIGS.3-4).
For claims 29 and 39, the light bar includes a forward edge (left-hand most edge as seen in FIG.3), the cover plate (18) extending beyond the forward edge.
For claims 30 and 40, the light bar (16) is pivotable about the axis as the pivoting/light assembly.
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 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 text of those sections of Title 35, US Code not included in this action can be found in a prior Office action.
Claims 27 and 37 are rejected under 35 U.S.C. 103 being unpatentable over Roberts, Jr. et al. as applied above in view of De Smet et al. (2457211).
For claims 27 and 37, Roberts, Jr. et al. fail to include a vent as recited formed in the main body, the vent including vent openings, features taught by De Smet et al., see at 16 in FIGS. 1-2.
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It would have been obvious to one with ordinary skill in the art before the effective filing date to provide a vent and vent openings as taught by De Smet et al. for use on the device of Roberts, Jr. et al. in order to allow air to circulate to the vehicle.
Response to Arguments
Applicant’s arguments with respect to claim(s) as amended have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 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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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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