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 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 20 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.
Claims 15 and 20 recite the limitation “the vertical distance”. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christofaro et al. (US 5,992,926).
Christofaro discloses and shows a vehicle skid plate comprising:
a first coupling structure (48) on a first lateral end, and a second coupling structure (50) on a second lateral end, wherein the first coupling structure and second coupling structure are configured to couple to a vehicle frame (at 12 and 14);
a first lateral plate surface (36) extending between the first coupling structure and the second coupling structure;
a second lateral plate surface (40) extending between the first coupling structure and the first lateral plate surface; and
a third lateral plate surface (55) extending between the second coupling structure and the first lateral plate surface, wherein the first lateral plate surface is configured to be vertically offset above each of the second lateral plate surface and the third lateral plate surface.
Cl. 4 – the first lateral end comprises a first flange extending outward from the second lateral plate surface and the second lateral end comprises a second flange extending outward from the third lateral plate surface.
Cl. 5 – each of the first coupling structure and the second coupling structure are fastener openings (52) configured to be aligned with mating openings in a vehicle frame to receive a fastener (col 3:20-23).
Cl. 6 – the second lateral plate surface and the third lateral plate surface each define an access opening (38) configured to provide access therethrough.
Cl. 7 – the vehicle skid plate according to Christofaro further comprises a third coupling structure (58 or 60) between the second lateral plate surface and the third lateral plate surface.
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Christofaro as applied to claim 1.
Christofaro discloses and shows the invention of claim 1 as described elsewhere above. Christofaro does not specify the distance of the vertical offset and does not specify the ratio of the width of the first lateral plate surface relative to the width of the second and third lateral plate surface.
However, specific distances and relative sizes would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" where held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.) See MPEP 2144.04(IV)(A)
Allowable Subject Matter
Claims 8-12 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.
Claims 13, 14, 16-19 and 21 are allowed.
Claims 15 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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