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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sumi et al. (U.S. 2011/0156442A1).
Regarding claim 1, Sumi et al. disclose a utility vehicle (1, fig. 1 and para 0037) comprising:
a body (2) with an occupant part (6) comprising a front occupant space (around 21) for driving and a rear occupant space (around 22) rearward of the front occupant space (21; see fig. 1 and refer to para 0040);
a cargo bed (9; refer to para 0038) rearward of the occupant part (6); and
a cargo bed extender (55; see figs. 1-11; refer to para 0045), and
wherein the cargo bed extender (55) is switchable between:
an extending orientation (figs. 3, 6, 8, and 11) in which the cargo bed extender (55) extends forward from the cargo bed (9) and in the rear occupant space (21; see fig. 3), and
a non-extending orientation (figs. 2, 4, 7, and 10) in which the cargo bed extender (55) is rearward of the rear occupant space (21) and overlaps with a front portion of the cargo bed (9; see figs. 2 and 10).
Regarding claim 2, Sumi et al. disclose wherein the cargo bed extender (55) has a pivot axis (fig. 3: at 101a, fig. 10: at/near 522) extending in a width direction of the body (see figs, 2-4 and 10), and
wherein the cargo bed extender (55) is placed in the extending orientation by being swung downward about the pivot axis (see fig. 2: examiner notes that “swung” is recited broadly. Examiner also notes that this is an apparatus claim and not a method) toward a front side of the body to become lying (see figs. 3 and 11), and placed in the non-extending orientation by being swung upward about the pivot axis toward a rear side of the body to become standing (see figs. 2 and 10; also refer to para 0050).
Regarding claim 3, Sumi et al. disclose wherein: the cargo bed (9) comprises:
a bottom plate (51; para 0051);
side frame sections (52) on respective lateral sides of the bottom plate (see figs. 2-3 and 9-11); and
a rear frame section (53) in a rear portion of the bottom plate (51; see figs. 1-2 and refer to para 0045), the cargo bed (9) having a front opening that opens towards a front side in the front portion of the cargo bed (see figs. 2-3, 9, and 10-11), the cargo bed extender (55) comprises:
an extender bottom plate (see annotated fig. 6 below);
extender side frame sections (see annotated fig. 6 below) on respective lateral sides of the extender bottom plate (see annotated fig. 6 below); and
an extender front frame section (see annotated fig. 6 below) in a front portion of the extender bottom plate (see annotated fig. 6 below), and in the non-extending orientation (figs. 2, 4, 7, and 10) of the cargo bed extender (55), the extender bottom plate covers the front opening (see figs. 2 and 10).
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Regarding claim 4, Sumi et al. disclose wherein in the non-extending orientation of the cargo bed extender (figs. 2, 4, 7, and 10), the extender side frame sections are laterally outward of the respective side frame sections (as shown in figs. 2 and 10).
Regarding claim 5, Sumi et al. disclose a rear seat (22) in the rear occupant space (see fig. 1 and refer to para 0040), the rear seat (22) comprising a seat base (31, fig. 2 and refer to para 0042) and a seat back (32; see fig. 2 and refer to para 0042),
wherein the seat back (32) is attached to an outer side of the cargo bed extender (55; attached via screen shield 10; see fig. 1),
wherein in the extending orientation of the cargo bed extender (figs. 3, 6, 8, and 11), the seat back (32) is in a retracting state in which the seat back (32) is lying on the seat base (31; see fig. 3; also refer to 0043-0044), and
wherein in the non-extending orientation of the cargo bed extender (figs. 2, 4, 7, and 10), the seat back (32) is in a usable state in which the seat back (32) is standing above the seat base (31; see fig. 2 and refer to para 0043-0044).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamamoto et al. (U.S. 2014/0183894A1), Yamamoto (U.S. 2013/0168994A1), Itou et al. (U.S. 8,016,337B2), Horiuchi (U.S. 2011/0156433A1), Takano et al. (U.S. 2011/0156419A1), and Horiuchi (U.S. 8,303,013B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YANICK A AKARAGWE whose telephone number is (469)295-9298. The examiner can normally be reached M-TH 7:30-5:30.
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, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YANICK A AKARAGWE/Primary Examiner, Art Unit 3672
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