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 .
DETAILED ACTION
Claims 1 – 7 have been examined.
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.
Claims 1 – 3, 5, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Passuello (EP1595776). In regard to claim 1, Passuello discloses a mudguard extension plate, comprising a mudguard extension plate body and an auxiliary pressing block (Fig. 1, items 3 and 6), a top of the mudguard extension plate body is provided with a docking groove (Fig. 1, central opening of item 1) connected to an external mudguard (Fig. 1, item 33), and connectors are symmetrically distributed on two sides of the docking groove (Figs. 1 and 2, items 5a and 5b), a plurality of barbed buckles are symmetrically distributed on two sides of the auxiliary pressing block (Figs. 1 and 2, items 8a and 8b).
In regard to claim 2, Passuello discloses wherein a plurality of clamp slots are provided on the connectors (Figs. 1 and 2, items 31a and 31b).
In regard to claim 3, Passuello discloses wherein centrifugal membranes are provided in a middle and on two sides of the docking groove (Fig. 1, central section of the wall of item 3 next to the central opening and items 7a and 7b).
In regard to claim 5, Passuello discloses wherein one side of the auxiliary pressing block facing the mudguard extension plate body is provided with the centrifugal membranes (Figs. 1 and 2).
In regard to claim 7, Passuello discloses wherein the mudguard extension plate body matches with the auxiliary pressing block at a connection between the mudguard extension plate body and the auxiliary pressing block (Fig. 3).
Allowable Subject Matter
Claims 4 and 6 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.
The following is a statement of reasons for the indication of allowable subject matter: Passuello (EP1595776) discloses a mudguard extension plate similar to the instant invention; however Passuello, either alone or in combination, neither discloses nor suggests a mudguard extension plate wherein (in regard to claim 4) the mudguard extension plate body is connected to the centrifugal membranes through adhesive backing, and the mudguard extension plate body is connected to the external mudguard through adhesive backing, and (in regard to claim 6) wherein the auxiliary pressing block is connected to the centrifugal membranes through adhesive backing. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Freytag (10,526,031) discloses a fender assembly for a tractor;
Serbinski (2015/002`898) discloses a vehicle fender extension;
Buckan (EP1886907) discloses a motorcycle cowling structure;
JP3184934 discloses a bicycle mudguard.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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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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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
