UTILITY VEHICLE

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 . This is the first action on the merits for application 19/020,905. Claims 1-20 are currently pending in this application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 1/17/2025 has been considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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(s) 1, 10 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GRINSTEAD (US 2024/0208315 A1). Regarding Claim 1, GRINSTEAD discloses a utility vehicle (Figs. 1-4 and 14) comprising: a frame (130, 140, 150) including: a first frame rail (132); a second frame rail (133); a cross member (unlabeled cross member adjacent right-most arrow for 134 in Fig. 3) extending laterally between the first frame rail and the second frame rail (Fig. 3); a first bed rail (142) coupled to the first frame rail and extending above the first frame rail (Fig. 3); a second bed rail (143) coupled to the second frame rail and extending above the second frame rail (Fig. 3); a first upright (unlabeled uprights connecting 132 to 142 best shown in Figs. 2 and 3) extending between the first bed rail and the first frame rail; and a second upright (unlabeled uprights connecting 133 to 143 best shown in Figs. 3 and 4) extending between the second bed rail and the second frame rail; a tractive element coupled to the frame (Fig. 3); a seat assembly (Fig. 14) including (a) a seat frame supported by the first frame rail and the second frame rail (Figs. 2 and 14) and (b) a seat supported by the seat frame (Fig. 14), the first upright and the second upright being separate from and positioned rearward of the seat frame (Figs. 2 and 14); and a bed (Figs. 2 and 3) supported by the first bed rail and the second bed rail, wherein the bed is pivotable relative to the frame between a first position and a second position (see “dump truck” described in paragraphs [0034], [0045] and [0053]). Regarding Claim 10, GRINSTEAD discloses the cross member is a first cross member (unlabeled cross member adjacent right-most arrow for 134 in Fig. 3); the frame includes: a second cross member (unlabeled cross member adjacent left-most arrow for 134 in Fig. 3) coupled to the first frame rail and the second frame rail and positioned forward of the first cross member; and a third cross member (unlabeled cross member above 136a in Fig. 4) coupled to the first frame rail and the second frame rail and positioned forward of the second cross member; and the seat frame is coupled to the second cross member and the third cross member (Fig. 14). Regarding Claim 15, GRINSTEAD discloses a rear axle assembly (170b) including a bump stop (see suspension assembly shown in Fig. 3) and the tractive element (Fig. 3); and a bracket removably coupled to the first bed rail and including a protrusion extending downward toward the bump stop (see unlabeled bracket removably attached to the first bed rail 142 that is part of suspension assembly shown in Fig. 3), wherein the bump stop is configured to engage the protrusion to limit upward movement of the tractive element relative to the frame (Fig. 3). Regarding Claim 16, GRINSTEAD discloses a suspension element having a lower end coupled to the rear axle assembly and an upper end coupled to the bracket (see suspension assembly shown in Fig. 3), wherein the upper end of the suspension element is longitudinally offset from the protrusion of the bracket (Fig. 3). Regarding Claim 17, GRINSTEAD discloses the frame further includes a doubler tube extending longitudinally along an underside of the first frame rail and fixedly coupled to the first frame rail (best shown for structurally mirrored second frame rail 133 in Fig. 3). Allowable Subject Matter Claims 2-9 and 11-14 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 18-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose nor render obvious a vehicle frame including a second cross member extending laterally from the third frame rail to the second frame rail, such that a gap extends between the second cross member and the fourth frame rail; and a plate coupled to the second frame rail and extending within the gap between the second cross member and the fourth frame rail, in combination with the other elements required by independent Claim 18. The prior art does not disclose nor render obvious a vehicle including a frame including a second cross member extending laterally from the third frame rail to the second frame rail, such that a gap extends between the second cross member and the fourth frame rail; a splash plate extending laterally between the second frame rail and the fourth frame rail such that the splash plate extends within the gap, in combination with the other elements required by independent Claim 20. One of ordinary skill in the art would have no rationale, absent hindsight, to modify the prior art to derive the claimed invention since the above-mentioned limitations, in combination with the other claim limitations, are considered new and nonobvious improvements over the prior art. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SMITH et al. (US 2021/0380179 A1) discloses an off-road vehicle with bed frame (see Fig. 3). NAGAYA et al. (US 2020/0406973 A1) discloses a vehicle lower-part structure (see Fig. 4). FLEMING (US 2008/0007096 A1) discloses a vehicle cross member arrangement (see ABSTRACT). MCCLURE et al. (US 2006/0119135 A1) discloses a vehicle bed and frame arrangement (see ABSTRACT). Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST). 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, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. EDWIN YOUNG Primary Examiner Art Unit 3655 /Edwin A Young/Primary Examiner, Art Unit 3655