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 § 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.
(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.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dai et al.
Re: claim 19, Dai et al. teaches an ergonomic elevated foot board device (Fig. 1): a main base (1, 2) with a top surface (1), the main base including: a platform structure (2) with the top surface (1) thereon; elevating members (3) positioned under the platform structure (2), the elevating members (3) are configured to elevate the platform structure (2) from the floor (See Fig. 1 - 3 elevates 2), wherein the elevating members (3) includes: a left side elevating member (Annotated Fig. 3 – left member) affixed on a bottom side of the platform structure (2) approximate a left side of the platform structure; a right side elevating member (Annotated Fig. 3 – right member) affixed on a bottom side of the platform structure (2) approximate a right side of the platform structure; and wherein the left side elevating member and the right side elevating member includes a height (Annotated Fig. 3 – height), wherein the height of the left side elevating member and the right side elevating member being configured to elevate the platform structure (2) to an elevated position (See Fig. 1 – 3 elevates 2); and wherein, when the main base (1, 2) is positioned on the floor, the ergonomic elevated foot board device (Fig. 1) is configured to position the top surface (1) at an elevated position (Via 3) above the floor.
It is noted by the examiner that a driver's seat, a steering wheel, and a floorboard under the driver's seat and the steering wheel is not required by the claim. It is additionally noted that the device of Dai et al. has the ability to be positioned/configured as claimed.
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Allowable Subject Matter
Claims 1-4, 6-18, and 20 are allowed.
Re: claim 1, the previously indicated subject matter of claim 5 has been incorporated into independent claim 1 and thus is allowed. Claims 2-4 and 6-18 depend on claim 1. Re: claim 20, the previous action has identified this claim as allowable.
Response to Arguments
Applicant's arguments filed 09/28/2026 have been fully considered but they are not persuasive with regards to claim 19.
Re: claim 19, the applicant argues that the identified allowable subject matter of claim 11 being incorporated into claim 19 would make it allowable. The examiner asserts that the subject matter of claim 11 was deemed allowable when in dependency with claim 1; the claim limitations of claim 19 when combined with claim 11 do not have allowable subject matter and are rejected as cited above. The Applicant additionally argues that the art used is directed toward a yoga mat and not an elevated foot board with a platform having elevating members underneath it configured to elevate the platform. The examiner asserts that the art of Dai et al. anticipates the limitations set forth by the claim and has the ability/functionality to perform and be positioned/configured as claimed.
Conclusion
THIS ACTION IS MADE FINAL. 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 PHILIP C ADAMS whose telephone number is (571)272-3421. The examiner can normally be reached Monday-Thursday 7:30 - 4:00 CT.
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, Amy R Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP C ADAMS/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
