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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maeda et al. EP 3190034 A1.
Regarding claim 1, Maeda et al. disclose a windshield device (378; Fig. 20), comprising:
a fixing member (394) configured to be fixed to a vehicle body (1; Fig. 1) and having a first guide hole (399R) and a second guide hole (399L) that are laterally spaced from each other (Fig. 21; paragraph 0267);
a shaft (388) extending laterally and movably inserted in the first guide hole and the second guide hole (Fig. 23; paragraph 0267);
a holding member (385) supported on the shaft (paragraph 0261); and
a screen (80) supported by the holding member (paragraph 0259),
wherein the first guide hole is provided with multiple first lock holes (see annotated Fig. 23),
the second guide hole is provided with multiple second lock holes at positions laterally corresponding to the first lock holes (see annotated Fig. 23), and
a first fitting part (312R) that can be selectively fitted in one of the first lock holes is fixed to the shaft (paragraph 0276), and a second fitting part (312L) that can be selectively fitted in one of the second lock holes is supported on the shaft to be movable in an axial direction of the shaft within a predetermined range (Fig. 23; paragraphs 0278 and 0281).
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Allowable Subject Matter
Claim 2 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.
Claim 2 has been indicated as containing allowable subject matter primarily for wherein in a state in which the first fitting part is fitted in one of the first lock holes and the second fitting part is fitted in one of the second lock holes corresponding to the one of the first lock holes, a fitting margin of the first fitting part with respect to the one of the first lock holes is set to be greater than a total of a fitting margin of the second fitting part with respect to the one of the second lock holes and a play length between the second fitting part and the shaft in a release direction.
The following is a statement of reasons for the indication of allowable subject matter:
Maeda et al. EP 3190034 A1 disclose a windshield device (78) with a fixing member (94) and shaft (388) that can move in a release direction (R) with a state in which a first fitting part (312R) is fitted in one of multiple first lock holes (see annotated Fig. 23 above) and a second fitting part (312L) is fitted in one of multiple second lock holes corresponding to the one of the first lock holes (see annotated Fig. 23 above) (paragraph 0278). However, Maeda et al. do not disclose a fitting margin of the first fitting part with respect to the one of the first lock holes is set to be greater than a total of a fitting margin of the second fitting part with respect to the one of the second lock holes and a play length between the second fitting part and the shaft in a release direction. This would not be modified as Maeda et al. teach a windshield device that may be repositioned by using the translating second fitting part to operate the axial movement of the shaft (paragraphs 0286).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakano et al. US 20170267304 A1 disclose a windshield device for a motorcycle with guide holes and lock holes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM.
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/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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