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 § 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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20030094320 A1.
Regarding claim 1, US 20030094320 A1 discloses a moving structure for a replaceable part of a vehicle, including a fixed part (structural frame 11 in paragraph [0048] shown in Figure 1) fixed to an under body (vehicle chassis 10 in paragraph [0048] shown in Figure 1) and a replaceable part (different types of bodies 85, 85', 85" in paragraphs [0061] shown in Figure 5) that is detachable (the load-bearing body-retention couplings 89 are engageable with complementary attachment couplings 93 on a vehicle body 85 and function to physically fasten the vehicle body 85 to the chassis 10 in paragraph [0052] shown in Figure 4) from the fixed part (structural frame 11 in paragraph [0048] shown in Figure 1), the moving structure comprising:
replaceable part docking coupling members (“Those skilled in the art will recognize that a multitude of fastening and locking elements may be used and fall within the scope of the claimed invention” in paragraph [0052]) connected to lower sides on both sides (shown in Figure 5) of the replaceable part (different types of bodies 85, 85', 85" in paragraphs [0061] shown in Figure 5) in a width direction of the vehicle (in paragraph [0052]);
replaceable part guide units (“Those skilled in the art will recognize that a multitude of fastening and locking elements may be used and fall within the scope of the claimed invention” in paragraph [0052]) installed in the under body (vehicle chassis 10 in paragraph [0048] shown in Figure 1) and configured to guide the replaceable part (different types of bodies 85, 85', 85" in paragraphs [0061] shown in Figure 5), along a front and rear direction of a vehicle body (shown in Figure 5), by docking connection (shown in Figure 5) with the replaceable part docking coupling members (“Those skilled in the art will recognize that a multitude of fastening and locking elements may be used and fall within the scope of the claimed invention” in paragraph [0052]) along a vertical direction of the vehicle (in paragraph [0052]);
and a rack gear (“Those skilled in the art will recognize that a multitude of fastening and locking elements may be used and fall within the scope of the claimed invention” in paragraph [0052]) mounted on a lower part of the replaceable part (different types of bodies 85, 85', 85" in paragraphs [0061] shown in Figure 5) and positioned along the front and rear direction of the vehicle body (shown in Figure 5).
Allowable Subject Matter
Claims 2-12 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, US 20030094320 A1 does not show wherein each of the replaceable part guide units comprising: a rail block connected to both sides of the under body and arranged along the front and rear direction of the vehicle body; a sliding block slidably connected to the rail block; and, a body docking coupling member connected to the sliding block so as to be docking connected to the replaceable part docking coupling member along the vertical direction.
Claims 3-6 depends from claim 2.
Regarding claim 7, US 20030094320 A1 does not show the replaceable part moving system comprising: a station frame on which the vehicle is positioned; and a drive gear module installed in the station frame so as to be selectively gear-engaged with the rack gear arranged along the front and rear direction on the replaceable part of the vehicle.
Claims 8-12 depends from claim 7.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Vivek Koppikar can be reached at 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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/Lori Lyjak/Primary Examiner, Art Unit 3612B