DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 103
2. 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.
3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 1-4 and 7 are rejected under 35 U.S.C. 103 as being obvious over Nakaoka (US 20230114092 A1) in view of Waring (US 2820687 A).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claim 1, Nakaoka teaches “A utility vehicle (1; Nakaoka Fig 1), comprising: a driver section (3; Nakaoka Fig 1) configured to accommodate an occupant; a seating section (10; Nakaoka Fig 1) disposed in the driver section on which seating section an occupant is able to sit; a container section (26; Nakaoka Fig 2) disposed in the driver section and having an opening (as seen in Nakaoka Fig 3) through which to put an object into the container section and take an object out of the container section…”
Nakaoka does not teach a holder.
However, Waring teaches “…a holder (12; Waring Fig 1) disposed in a container space of the container section (46; Waring Fig 1) and configured to hold an object such as a document (62; Waring Fig 3).”
Therefore, it would be obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have combined the utility vehicle of Nakaoka with the glove compartment of Waring with a reason expectation of success for a glove compartment better suited to accommodate sensitive or fragile documents or other objects needing secured storage.
In reference to claim 2, the combination of Nakaoka and Waring, as applied to claim 1, teach “The utility vehicle (1; Nakaoka Fig 1) according to claim 1, wherein: the holder (12; Waring Fig 1) comprises a pair of left (38; Waring Fig 2) and right protrusions (36; Waring Fig 2) protruding from a pair of left and right respective lateral walls among inner walls of the container section relative to a body of the utility vehicle toward a lateral center relative to the body.”
With respect to claim 3, the combination of Nakaoka and Waring, as applied to claim 2, teach “The utility vehicle (1; Nakaoka Fig 1) according to claim 2, wherein: the protrusions (36 &38; Waring Fig 2) extend along a depth of the container section (As seen in Waring Fig 2).”
Regarding claim 4, the combination of Nakaoka and Waring, as applied to claim 2, teach “The utility vehicle (1; Nakaoka Fig 1) according to claim 2, wherein: the protrusions (36 &38; Waring Fig 2) are in a front portion of the container space relative to the body (As seen in Waring Fig 1).”
In reference to claim 7, the combination of Nakaoka and Waring, as applied to claim 1, teach “The utility vehicle (1; Nakaoka Fig 1) according to claim 1, further comprising: a front cover (26A; Nakaoka Fig 3) disposed in the driver section (3; Nakaoka Fig 1) and apart forward from the seating section (10; Nakaoka Fig 1), and wherein the container section (26; Nakaoka Fig 2) is provided for the front cover.”
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
6. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nakaoka (US 20230114092 A1) in view of Waring (US 2820687 A) as applied to claim 1 above, and further in view of Hedderly (US 6371551 B1).
Regarding claim 6, the combination as Nakaoka and Waring, as applied to claim 1, teaches the utility vehicle (1; Nakaoka Fig 1) and protrusions (36 &38; Waring Fig 2).
The aforementioned prior art does not teach the protrusions as being integral with the side walls.
However, Hedderly column 5 lines 18-20 teaches the protrusions of compartment 22 as being unitarily formed in center stack casting 102.
Therefore, it would be obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have combined the utility vehicle of Nakaoka with the glove compartment of Waring, formed in a cast, as taught by Hedderly with a reasonable expectation of success for a glove compartment better suited to accommodate sensitive or fragile documents or other objects needing secured storage, while simultaneously increasing the simplicity of assembly.
Allowable Subject Matter
7. Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 5, Nakaoka teaches a utility vehicle with a container further comprising a socket and Waring teaches the protrusions and holder. However, no other art can be taken alone or in combination with the aforementioned references to teach the limitation of a socket being disposed at the upper end of a protrusion without the use of impermissible hindsight. Therefore, the claim contains allowable subject matter, but depends from a rejected claim and must be indicted as objected to.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ROBERT DIGIOVANNANTONIO whose telephone number is (571)272-4526. The examiner can normally be reached Monday-Friday 7 a.m. to 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy 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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/D.R.D./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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