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 Objections
Claim 9 is objected to because of the following informalities: In line 1, the examiner has assumed the limitation “the extension” to be referencing the “first portion” of claim 1. Appropriate correction is required.
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, 2, 5, 7, 8, and 10 are rejected under 35 U.S.C. 102a1 as being anticipated by Forsyth et al. (US 3,933,258 A).
With respect to claim 1, Forsyth et al. discloses a vehicle comprising a frame 10 with wheels 22, 23, a cabin 11, loading platform 33, said cabin having a first vertical portion and a second longitudinal portion that extends rearward over the platform, wherein vehicles 13 are able to be stored under the cabin, as shown in figure 1.
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With respect to claim 2, the rear surface of the cabin is angled downward towards the platform, as shown in figure 1.
With respect to claim 5, said cabin has a main body 11 with opening, and door (not numbered) for allowing access into the cabin, as shown in figure 1.
With respect to claims 7 and 8, Forsyth et al. discloses an electrical motor as able to power the vehicle, which would inherently include batteries, as recited in col. 3, lines 48-50.
With respect to claim 10, a ramp 17 allows vehicle access when extended to the ground, as shown in figure 1.
Claim Rejections - 35 USC § 103
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.
Claim(s) 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Forsyth et al., as applied to claim 1 above.
Claims 6 and 9 recite specific dimensions, such as 350mm platform elevation and 7m cabin extension length. The specific dimensions of these features have been given little patentable weight unless they produce an unexpected result and it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the platform elevation or cabin extension length any desired dimension, including 350mm high and/or 7m long, in order to achieve a desired aerodynamic.
Allowable Subject Matter
Claims 3 and 4 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY J RESTIFO whose telephone number is (571)272-6697. The examiner can normally be reached Monday-Friday 11am-8pm.
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JEFFREY J. RESTIFO
Primary Examiner
Art Unit 3613
/JEFFREY J RESTIFO/Primary Examiner, Art Unit 3613
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