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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 1, Applicant has failed to reasonably covey to one of ordinary skill in the art the structure intended by an actuator that “can be moved relative to the carrier between a resting and an actuation position to generate a signal for opening or closing the charging, fueling, or service flap when the actuator is moved into the actuation position” (see lines 11-14). The Office as carefully inspected the specification and fails to see that Applicant has reasonable covey such limitations. Clarification is respectfully requested.
Claims 1-10 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.
In regard to claim 1, Applicant’s repeated use of the phrase “can be” in lines 2 and 11 renders the claim indefinite since the metes and bounds of the claim cannot be readily ascertained; the use of such phrase should be avoided.
In regard to claim 7, Applicant’s use of the term “preferably” in line 2 renders the claim indefinite since the metes and bounds of the claim cannot be readily ascertained; the use of such term should be avoided.
In regard to claim 8, Applicant’s use of the phrase “can be” in line 2 renders the claim indefinite since the metes and bounds of the claim cannot be readily ascertained; the use of such phrase should be avoided.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Each of the Tani et al, Och et al. and Beck references pertain to various vehicle compartments with associated actuators to facilitate access to such compartments, but fail to disclose associated actuators that generate some sort of signal for opening and close access to such compartments.
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/STEVEN O DOUGLAS/Primary Examiner, Art Unit 3612
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