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 .
Double Patenting
U.S. Patents No. 11,844,998; 11,446,562; and 12,201,891 have been reviewed for double patenting. No double patenting has been found.
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) 2, 3, 5, 6, 15 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2011/0006497 issued to Chen et al.
Regarding Claim 2, Chen et al. teaches in Figures 1-50, particularly Figures 24 and 25, and respective portions of the specification a caster board (10) comprising:
a front platform section (14) comprising a first caster assembly (24);
a rear platform section (16) comprising a second caster assembly (26);
a first neck section (see annotation A in Figure A below) extending between the front platform section and the rear platform section;
a second neck section (see annotation B in Figure A below) extending between the front platform section and the rear platform section;
and an aperture (where insert 168 is located in Figure 25) between the first neck section and the second neck section, the aperture having a first longitudinal end (see annotation C in Figure A below) and a second longitudinal end (see annotation D in Figure A below),
and an insert (168) that is insertable into and removable from the aperture (see paragraphs [0118-0122] which disclose that the inserts are removable and can be replaced with other inserts of varying flexibility).
Regarding the limitation “that at least one of the first and second longitudinal ends comprising a straight wall through the caster board”. Paragraph [0118] states that the inserts are provided in a through hole but does not explicitly state that the through hole has a wall is “straight”. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a straight wall for the through hole to provide a straight wall for the insert to be received against.
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Figure A: Annotated Figures 24 and 25 for U.S. Patent Publication No. 2011/0006497 issued to Chen et al.
Regarding Claim 3, Chen et al. shows in Figure 26 a plurality of structural ribs (198) on a bottom of the front platform section and a bottom of the rear platform section, the plurality of structural ribs extending laterally and being curved (see Figure 26).
Regarding Claim 5, Chen et al. teach the front and rear platform sections each comprise lateral sides that are generally parallel to a longitudinal axis of the caster board—Figures 24 and 24 show sides that extend longitudinally and are “generally” parallel with the longitudinal axis.
Regarding Claim 6, Chen et al. teach the insert (inserts 162, 164, 168) is configured to alter a torsional stiffness of the caster board (paragraph [0118] disclose the inserts 162, 164, 168 alter the flexibility of the skateboard).
Regarding Claim 15, Chen et al. teach in Figures 1-50, particularly Figures 24 and 25, and respective portions of the specification a caster board (10) comprising:
a front caster assembly comprising a front wheel having a diameter and an axial width (see the caster shown on the left side of Figure 26 which shows a diameter and inherently has an axial width);
a rear platform section comprising a rear caster assembly comprising a rear wheel having a diameter and an axial width (see the caster shown on the right side of Figure 26 which shows a diameter and Figure 30 shows the axial width); and
a neck comprising:
a first neck section (see annotation E in Figure A above) extending between the front platform section and the rear platform section, the first neck section on a first lateral side of a longitudinal axis of the caster board (see Figure A);
a second neck section (see annotation F in Figure A above) extending between the front platform section and the rear platform section, the second neck section on a second lateral side of the longitudinal axis of the caster board (see Figure A); and
an aperture (164) between the first neck section and the second neck section, the aperture having a first longitudinal end (see where annotation H is located in Figure A) and a second longitudinal end (see where annotation G), the first and second longitudinal ends having respective first (annotation H) and second widths (annotation G) that are measured perpendicular to the longitudinal axis.
Chen et al. does not explicitly show, “the first width being greater than the axial width of the front wheel and the second width being less than the axial width of the rear wheel”. However, it would have been within the level of ordinary skill in the art to prescribe the first width to be greater than the axial width of the front wheel and the second width to be less than the axial width of the rear wheel. Therefor it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first width to be greater than the axial width of the front wheel and the second width to be less than the axial width of the rear wheel as an obvious design choice within the level of ordinary skill in the art.
Regarding Claim 17, Chen et al. teach the front and rear platform sections each comprise lateral sides that are generally parallel to a longitudinal axis of the caster board—Figures 24 and 24 show sides that extend longitudinally and are “generally” parallel with the longitudinal axis.
Regarding Claim 18, Chen et al. teach the inserts (162, 164, 168) are insertable into and removable from the aperture (see paragraphs [0118-0120]).
Allowable Subject Matter
Claims 9-14 and 19-21 allowed.
Claim 4, 7, 8, and 16 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 an examiner’s statement of reasons for allowance: the primary reason for the allowance of the claims in this case is the inclusion of: a caster board with first and second neck portions, where in re claim 9, the inclusion of an aperture provided on a neck that is between and narrower than a front and rear platform for a caster board, where a plurality of lateral ribs on a bottom of the front platform section and a bottom of the rear platform section, the plurality of lateral ribs being curved; and a plurality of longitudinal ribs that extend between a front end of the front platform section and a rear end of the rear platform section; in re claim 19 where a front platform section comprising a top configured to support a first foot of a rider and a bottom surface comprising a front wedge having a width measured perpendicular to a longitudinal axis of the caster board; a front caster assembly connected to the front wedge, a rear platform section comprising a top configured to support a second foot of the rider and a bottom surface comprising a rear wedge having a width measured perpendicular to the longitudinal axis; a rear caster assembly connected to the rear wedge, and a neck that is between and is narrower than the front platform section and the rear platform section, the neck comprising a first neck section, a second neck section, and an aperture between the first and second neck sections, wherein the neck has a width measured perpendicular to the longitudinal axis that is greater than the width of the front wedge and greater than the width of the rear wedge, in combination with the other elements recited, not found in the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Regarding Claims 9 and 19, U.S. Patent Publication 2010/0253027 and 2011/0006497 issued to Chen et al. is the closest prior art of record. Regarding Claim 9, Figure 28 shows an embodiment is a plurality of ribs but does not teach or suggest a plurality of longitudinal ribs extending between the front end of the front platform section and a rear end of a rear platform section. Regarding Claim 19, Chen et al. does not teach or suggest a neck with a width that is greater than the width of the front and rear wedges.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN SWENSON
Primary Examiner
Art Unit 3618
/BRIAN L SWENSON/Primary Examiner, Art Unit 3613
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