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 .
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 – 3 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 preamble to claim 1 recites “a positioning structure for a cover member to be attached to a vehicle member.” Claim 1 then recites the limitations “a plurality of positioning pins provided on the vehicle member” and “a plurality of positioning holes provided in the cover member” in the first and second paragraphs of the body of the claim. It is unclear as to whether Applicant intends the limitations to positively require the claimed ‘positioning structure’ to comprise the ‘plurality of positioning pins’ and ‘plurality of positioning holes,’ such that the preamble of the claim is directed towards “a positioning system,” or whether Applicant intends the preamble to set forth a ‘positioning structure’ for use with a ‘cover member’ and ‘vehicle member,’ such that the limitations to further define the ‘vehicle member’ and ‘cover member’ which is separate from, and intended to be used with, the ‘positioning structure.’ For the purposes of this Office Action, Examiner will interpret the preamble as “a positioning system,” such that the limitations positively require the ‘positioning system’ to comprise the ‘plurality of positioning pins’ and ‘plurality of positioning holes,’ respectively. Examiner will further interpret the claims such that the claims do not require either the ‘cover member’ or the ‘vehicle member.’
Claim 1 further recites a first limitation of “the positioning holes are elongated holes with a long axis extending in a direction in which the cover member is peeled off ...” and a second limitation of “a long axis of at least one of the elongated holes is not parallel to a long axis of the other elongated holes.” The limitations are indefinite for several reasons. First, the second limitation indefinite because it is unclear as to whether Applicant intends “a long axis of at least one of the elongated holes” to refer to the “long axis” previously set forth in the limitation of the third paragraph, or whether Applicant intends to set forth an additional ‘long axis’ which is separate and independent from the ‘long axis’ previously set forth. The second limitation is further indefinite because it is unclear as to whether Applicant intends “a long axis of the other elongated holes” to refer to the ‘long axis of the elongated holes’ previously set forth in the first paragraph, or whether Applicant intends the limitation to set forth an additional set of ‘long axis’ and ‘elongated holes’ which are separate and independent from those previously set forth. Finally, the first and second limitations are further indefinite because if the ‘long axis’ of the ‘elongated holes’ are not parallel to one another, as required by the second limitation, then it is unclear as to how the ‘long axis’ of the ‘elongated holes’ can each ‘extend in a direction in which the cover member is peeled off,’ as recited by the first limitation. For the purposes of this Office Action, Examiner will interpret the first and second limitations as “the plurality of positioning holes comprise first and second elongated holes each having a long axis, wherein the long axis of the first elongated hole extends in a direction in which the second member is peeled off when the second member is removed from the first member” and “the long axis of the first elongated hole is not parallel to the long axis of the second elongated hole,” respectively.
Claim 3 recites the limitation “the long axis of the elongated hole.” Because claim 1 previously sets forth a plurality of ‘elongated holes,’ it is unclear as to whether Applicant intends the limitation to refer to each of the plurality of ‘elongated hole,’ or whether Applicant intends the limitation to refer to only one of the ‘elongated holes.’ For the purposes of this Office Action, Examiner will interpret the limitation as “the long axis of the second elongated hole.”
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 – 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morris (U.S. Patent Application Publication Number 2014/0047697).
As to claim 1, Morris teaches a positioning system (abstract), comprising: a plurality of positioning pins provided on a first member (figures 1 and 2, elements 102 being the ‘plurality of positioning pins’ and element 106 being the ‘first member’; paragraph 28); and a plurality of positioning holes provided in a second member (figures 1 and 2, elements 310 being the ‘plurality of positioning holes’ and element 314 being the ’second member’; paragraphs 28 and 30), the positioning pins being respectively inserted into the positioning holes (figures 1 and 2, elements 102 and 310; paragraph 30), wherein: the plurality of positioning holes comprise first and second elongated holes each having a long axis, wherein the long axis of the first elongated hole extends in a direction in which the second member is peeled off when the second member is removed from the first member (figure 1, element 310.1 being the ‘first elongated hole’ and element 310.2 being the ‘second elongated hole,’ see below; paragraphs 30 – 31 and 46). Examiner notes that this can be found because Morris teaches the second member comprising an ‘elastic material’ (figures 1 and 2, element 314; paragraph 30), such that the second member may be “peeled off” from the first member in the direction of the long axis of the first elongated hole.
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Morris further teaches that the long axis of the first elongated hole is not parallel to the long axis of the second elongated hole (figures 1, elements 310.1 and 310.2, see above).
As to claim 2, Morris further teaches that a height of the positioning pins inserted into the positioning holes is greater than a height of the positioning holes in a thickness direction of the second member (figure 2, elements 102, 310, and 314).
As to claim 3, Morris further teaches that the second member includes a grip portion provided at a position overlapping the long axis of the second elongated hole (figure 1, see below). Examiner notes that this can be found because an operator my ‘grip’ and edge of the second member, wherein the edge to be gripped is located at a portion of the second member which overlaps the long axis of the second elongated hole.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
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