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 .
Status of Claims
Claims 1-20, filed 5/21/2025, are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/27/2025 and 9/26/2025 were filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 7 is objected to because of the following informalities: in line 6-7, the claim includes a second instance of “a second latch member comprising: a second latch engagement surface” presented in the second retainer assembly. It appears that this is a typographical error and should be deleted as the retainer would not comprise the latch member which is already presented immediately above the retainer assembly. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,911,708 and claims 1-20 of U.S. Pat. No. 12,330,077. Although the claims at issue are not identical, they are not patentably distinct from each other because the presented claim are anticipated by or are obvious variations of the patented claims (identical language is shown in bold, equivalent or obvious language in italics with further explanation).
Presented Claim 1
A body mounting assembly comprising:
a latch assembly comprising:
a latch member resiliently coupled to the latch assembly comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together;
wherein the latch member is resiliently biased against release of the latch member assembly from the retainer assembly;
wherein a body mount configured to be coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly; and
wherein a chassis mount configured to be coupled to the model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount.
Claim 1 of 11,911,708
A body mounting assembly comprising:
a latch assembly comprising:
a latch member comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together;
wherein the latch engagement surface and the retainer engagement surface comprise negative engagement angles (this is functionally equivalent to a resiliently biased member to hold the latch and retainer engagement surfaces in contact as these toy body parts are generally formed of semi-flexible plastic which is inherently resilient);
wherein a body mount configured to be coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly; and
wherein a chassis mount configured to be coupled to the model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount.
Claim 1 of 12,330,077
A body mounting assembly comprising:
a latch assembly comprising:
a latch member comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock with one another at a negative engagement angle (this is functionally equivalent to a resiliently biased member to hold the latch and retainer engagement surfaces in contact as these toy body parts are generally formed of semi-flexible plastic which is inherently resilient);
wherein a body mount configured to be coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly; and
wherein a chassis mount configured to be coupled to a model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount.
Presented Claim 2
The body mounting assembly according to claim 1, wherein the latch member further comprises:
a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Claim 2 of 11,911,708
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member: wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Claim 2 of 12,330,077
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Presented Claim 3
The body mounting assembly according to claim 2, wherein the retainer assembly further comprises: a retainer aperture configured to accommodate at least a portion of the latch member; and wherein the retainer engagement surface is provided on a first side of the retainer aperture.
Claim 3 of 11,911,708
The body mounting assembly according to claim 2, wherein the retainer assembly further comprises: a retainer aperture configured to accommodate at least a portion of the latch member; wherein the retainer engagement surface is provided on a first side of the retainer aperture.
Claim 3 of 12,330,077
The body mounting assembly according to claim 2, wherein the retainer assembly further comprises: a retainer aperture configured to accommodate at least a portion of the latch member; and wherein the retainer engagement surface is provided on a first side of the retainer aperture.
Presented Claim 4
The body mounting assembly according to claim 3, wherein operation of the latch release member comprises application of a force directed against the latch release member in a first direction.
Claim 4 of 11,911,708
The body mounting assembly according to claim 3, wherein operation of the latch release member comprises application of a horizontal force directed against the latch release member in a horizontal (first) direction.
Claim 4 of 12,330,077
The body mounting assembly according to claim 3, wherein operation of the latch release member comprises application of a horizontal force directed against the latch release member in a horizontal (first) direction.
Presented Claim 5
The body mounting assembly according to claim 4, wherein the latch member is resiliently coupled to the latch assembly via a U-shaped cantilever biased in a second direction opposite to the first direction used to operate the latch release member (obvious and would be inherent to the design of the latch to include a second direction operation to operate or unlock the resilient latch release).
Presented Claim 6
The body mounting assembly according to claim 1, wherein the body mount is provided proximate to a first body wheel well and the chassis mount is provided proximate to a first chassis wheel well corresponding to the first body wheel well.
Claim 8 of 11,911,708
The body mounting assembly according to claim 1, wherein the body mount is provided proximate to a first body wheel well and the chassis mount is provided proximate to a first chassis wheel well corresponding to the first body wheel well.
Claim 8 of 12,330,077
The body mounting assembly according to claim 1, wherein the body mount is provided proximate to a first body wheel well and the chassis mount is provided proximate to a first chassis wheel well corresponding to the first body wheel well.
Presented Claim 7
The body mounting assembly according to claim 1, further comprising:
a second latch assembly comprising:
a second latch member comprising:
a second latch engagement surface;
a second retainer assembly comprising:
a second retainer engagement surface;
a second latch member comprising: a second latch engagement surface; (line of typographical errors)
wherein the second latch assembly is releasably coupled to the second retainer assembly via the second latch engagement surface interlocking with the second retainer engagement surface;
wherein the body mount further comprises one of the second latch assembly or the second retainer assembly; and
wherein the chassis mount further comprises a corresponding one of the second retainer assembly or the second latch assembly corresponding to the body mount.
Claim 9 of 11,911,708
The body mounting assembly according to claim 1, further comprising:
a second latch assembly comprising:
a second latch member comprising:
a second latch engagement surface;
a second retainer assembly comprising:
a second retainer engagement surface;
wherein the second latch assembly is releasably coupled to the second retainer assembly via the second latch engagement surface interlocking with the second retainer engagement surface;
wherein the second latch engagement surface and the second retainer engagement surface comprise negative engagement angles;
wherein the body mount further comprises one of the second latch assembly or the second retainer assembly;
wherein the chassis mount further comprises a corresponding one of the second retainer assembly or the second latch assembly corresponding to the body mount.
Claim 9 of 12,330,077
The body mounting assembly according to claim 1, further comprising:
a second latch assembly comprising:
a second latch member comprising:
a second latch engagement surface;
a second retainer assembly comprising:
a second retainer engagement surface;
wherein the second latch assembly is releasably coupled to the second retainer assembly via the second latch engagement surface interlocking with the second retainer engagement surface at a negative engagement angle;
wherein the body mount further comprises one of the second latch assembly or the second retainer assembly; and
wherein the chassis mount further comprises a corresponding one of the second retainer assembly or the second latch assembly corresponding to the body mount.
Presented Claim 8
The body mounting assembly according to claim 7, wherein the one of the latch assembly or the retainer assembly of the body mount is rigidly coupled to the one of the second latch assembly or the second retainer assembly of the body mount via a latch assembly connecting member.
Claim 10 of 11,911,708
The body mounting assembly according to claim 9, wherein the one of the latch assembly or the retainer assembly of the body mount is rigidly coupled to the one of the second latch assembly or the second retainer assembly of the body mount via a latch assembly connecting member.
Claim 10 of 12,330,077
The body mounting assembly according to claim 9, wherein the one of the latch assembly or the retainer assembly of the body mount is rigidly coupled to the one of the second latch assembly or the second retainer assembly of the body mount via a latch assembly connecting member.
Presented Claim 9
The body mounting assembly according to claim 7, wherein the one of the latch assembly or the retainer assembly of the body mount is configured to be provided proximate to a first body wheel well in the model vehicle body and the corresponding one of the retainer assembly or the latch assembly of the chassis mount is configured to be provided proximate to a first chassis wheel well in the model vehicle chassis corresponding to the first body wheel well; and wherein the one of the second latch assembly or the second retainer assembly of the body mount is configured to be provided proximate to a second body wheel well in the model vehicle body and the corresponding one of the second retainer assembly or the second latch assembly is configured to be provided proximate to a second chassis wheel well provided in the model vehicle chassis corresponding to the first body wheel well.
Claim 11 of 11,911,708
The body mounting assembly according to claim 9, wherein the one of the latch assembly or the retainer assembly of the body mount is configured to be provided proximate to a first body wheel well in the model vehicle body and the corresponding one of the retainer assembly or the latch assembly of the chassis mount is configured to be provided proximate to a first chassis wheel well in the model vehicle chassis corresponding to the first body wheel well; and wherein the one of the second latch assembly or the second retainer assembly of the body mount is configured to be provided proximate to a second body wheel well in the model vehicle body and the corresponding one of the second retainer assembly or the second latch assembly is configured to be provided proximate to a second chassis wheel well provided in the model vehicle chassis corresponding to the first body wheel well.
Claim 11 of 12,330,077
The body mounting assembly according to claim 9, wherein the one of the latch assembly or the retainer assembly of the body mount is configured to be provided proximate to a first body wheel well in the model vehicle body and the corresponding one of the retainer assembly or the latch assembly of the chassis mount is configured to be provided proximate to a first chassis wheel well in the model vehicle chassis corresponding to the first body wheel well; and wherein the one of the second latch assembly or the second retainer assembly of the body mount is configured to be provided proximate to a second body wheel well in the model vehicle body and the corresponding one of the second retainer assembly or the second latch assembly is configured to be provided proximate to a second chassis wheel well provided in the model vehicle chassis corresponding to the first body wheel well.
Presented Claim 10
The body mounting assembly according to claim 9, wherein the first and the second body wheel wells and the first and the second chassis wheel wells are provided on a first model vehicle side.
Claim 12 of 11,911,708
The body mounting assembly according to claim 11, wherein the first and the second body wheel wells and the first and the second chassis wheel wells are provided on a first model vehicle side.
Claim 12 of 12,330,077
The body mounting assembly according to claim 11, wherein the first and the second body wheel wells and the first and the second chassis wheel wells are provided on a first model vehicle side.
Presented Claim 11
The body mounting assembly according to claim 10, wherein the first model vehicle side is a front of the model vehicle.
Claim 13 of 11,911,708
The body mounting assembly according to claim 12, wherein the first model vehicle side is a front of the model vehicle.
Claim 13 of 12,330,077
The body mounting assembly according to claim 12, wherein the first model vehicle side is a front of the model vehicle.
Presented Claim 12
The body mounting assembly according to claim 4, wherein the latch assembly further comprises a latch support; and wherein the latch support abuts a second side of the retainer aperture opposite the first side of the retainer aperture.
Claim 6 of 11,911,708
The body mounting assembly according to claim 4, wherein the latch assembly further comprises a latch support; and wherein the latch support abuts a second side of the retainer aperture opposite the first side of the retainer aperture.
Claim 6 of 12,330,077
The body mounting assembly according to claim 4, wherein the latch assembly further comprises a latch support; and wherein the latch support abuts a second side of the retainer aperture opposite the first side of the retainer aperture.
Presented Claim 13
The body mounting assembly according to claim 3, wherein one of the body mount or the chassis mount further comprises a reinforcement member; wherein another of the corresponding chassis mount or the body mount further comprises a reinforcement retainer; and wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly.
Claim 7 of 11,911,708
The body mounting assembly according to claim 3, wherein one of the body mount or the chassis mount further comprises a reinforcement member; wherein another of the corresponding chassis mount or the body mount further comprises a reinforcement retainer; and wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly.
Claim 7 of 12,330,077
The body mounting assembly according to claim 3, wherein one of the body mount or the chassis mount further comprises a reinforcement member; wherein another of the corresponding chassis mount or the body mount further comprises a reinforcement retainer; and wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly.
Presented Claim 14
A model vehicle comprising a body mounting assembly comprising:
a reinforcement member;
a reinforcement retainer;
a latch assembly comprising:
a latch member resiliently coupled to the latch assembly comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer aperture comprising;
a retainer engagement surface;
wherein a first side of the retainer aperture comprises the retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together;
wherein the latch member is resiliently biased against release of the latch member assembly from the retainer assembly;
wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly;
wherein a body mount coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly and one of the reinforcement member or the reinforcement retainer; and
wherein a chassis mount coupled to a model vehicle chassis comprises a corresponding other of the retainer assembly or the latch assembly and a corresponding other of the reinforcement retainer and the reinforcement member corresponding to the body mount.
Claim 14 of 11,911,708
A model vehicle comprising a body mounting assembly comprising:
a reinforcement member;
a reinforcement retainer;
a latch assembly comprising:
a latch member (inherently resilient as it is formed of resilient material as is known and common in the art) comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer aperture comprising;
a retainer engagement surface; and
wherein a first side of the retainer aperture comprises the retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together;
wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly;
wherein the latch engagement surface and the retainer engagement surface comprise negative engagement angles (functionally equivalent holding means to a resiliently biased connection);
wherein a body mount coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly and one of the reinforcement member or the reinforcement retainer; and
wherein a chassis mount coupled to a model vehicle chassis comprises a corresponding other of the retainer assembly or the latch assembly and a corresponding other of the reinforcement retainer and the reinforcement member corresponding to the body mount.
Claim 14 of 12,330,077
A model vehicle comprising a body mounting assembly comprising:
a reinforcement member;
a reinforcement retainer;
a latch assembly comprising:
a latch member (inherently resilient as it is formed of resilient material as is known and common in the art) comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer aperture comprising;
a retainer engagement surface;
wherein a first side of the retainer aperture comprises the retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock with one another at a negative engagement angle (functionally equivalent holding means to a resiliently biased connection);
wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly;
wherein a body mount coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly and one of the reinforcement member or the reinforcement retainer; and
wherein a chassis mount coupled to a model vehicle chassis comprises a corresponding other of the retainer assembly or the latch assembly and a corresponding other of the reinforcement retainer and the reinforcement member corresponding to the body mount.
Presented Claim 15
The model vehicle according to claim 14, wherein the chassis mount and the body mount are provided proximate to a first model vehicle side.
Claim 15 of 11,911,708
The model vehicle according to claim 14, wherein the chassis mount and the body mount are provided proximate to a first model vehicle side.
Claim 15 of 12,330,077
The model vehicle according to claim 14, wherein the chassis mount and the body mount are provided proximate to a first model vehicle side.
Presented Claim 16
The model vehicle according to claim 14, wherein the latch member further comprises: a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Claim 2 of 11,911,708
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member: wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Claim 2 of 12,330,077
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Presented Claim 17
The body mounting assembly according to claim 16, wherein the latch member is resiliently coupled to the latch assembly via a U-shaped cantilever biased to oppose a direction used to operate the latch release member (obvious and would be inherent to the design of the latch to include a second direction operation to operate or unlock the resilient latch release).
Presented Claim 18
A body mounting assembly comprising:
a latch assembly comprising:
a latch member resiliently coupled to the latch assembly comprising:
a latch engagement surface;
a latch release member;
a retainer assembly comprising:
a retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together;
wherein the latch member is resiliently biased against release of the latch member assembly from the retainer assembly;
wherein a body mount configured to be coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly;
wherein a chassis mount configured to be coupled to the model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount; and
wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Claim 20 of 12,330,077
A model vehicle comprising a body mounting assembly comprising:
a latch assembly comprising:
a latch member (inherently resilient in the manner discussed above) comprising:
a latch engagement surface;
a retainer assembly comprising:
a retainer engagement surface;
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock with one another at a negative engagement angle (equivalent to resilient coupling as discussed above);
wherein a body mount coupled to a center of a model vehicle body comprises one of the latch assembly or the retainer assembly; and
wherein a chassis mount coupled to a center of a model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount.
Presented Claim 19
The body mounting assembly according to claim 18, wherein operation of the latch release member comprises application of a force directed against the latch release member in a first direction.
Claim 2 of 11,911,708
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member: wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Claim 2 of 12,330,077
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member.
Presented Claim 20
The body mounting assembly according to claim 19, wherein the latch member is resiliently coupled to the latch assembly via a U-shaped cantilever biased in a second direction opposite to the first direction used to operate the latch release member (obvious and would be inherent to the design of the latch to include a second direction operation to operate or unlock the resilient latch release).
Claim Rejections - 35 USC § 102/103
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 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.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Prodger et al. US Pat. No. 3,653,149.
In Reference to Claim 1
Prodger teaches:
A body mounting assembly (toy vehicle 11 having a body mounting assembly (chassis 17/19 releasable couples to body 13/65/71/91 via releasable latch means), Fig. 1-3) comprising:
a latch assembly (a first latch assembly formed of any of the plurality of latch members 73/75/95/97, Fig. 3) comprising:
a latch member resiliently coupled to the latch assembly (the shape of the arm/latch of 73/75 and 95/97 are and are generally made of semi-flexible plastic, the thin shape being inherently capable of at least minimal resilient movement to engage a retainer member, Fig. 3) comprising:
a latch engagement surface (the inner surfaces of 73/75 and 95/97 act as engagement latch surfaces, Fig. 3);
a retainer assembly (the chassis includes four respective retainer assemblies 77/99 to releasably accept latch members 73/75 and 95/97 therein to couple the body 71/91/13 to the chassis 17/19, Fig. 3) comprising:
a retainer engagement surface (the surfaces in and around apertures/retainers 77/99 engage and retain the respective latch members thereon, Fig. 3);
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together (each of the latches 73/75/95/97 releasably couple to respective retainer surfaces 77/99);
wherein the latch member is resiliently biased against release of the latch member assembly from the retainer assembly (the shape of the arm/latch of 73/75 and 95/97 are and are generally made of semi-flexible plastic, the thin shape being inherently capable of at least minimal resilient movement to engage a retainer member and is biased against release of the latch member from the retainer surface 77/79, Fig. 3, wherein other parts are formed of resilient plastic material to couple parts to one another, Col. 2 lines 53-64, Col. 3 lines 27-38, 58-61);
wherein a body mount configured to be coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly (the body mount 71/91 includes the latches 73/75/95/97 thereon, Fig. 3); and
wherein a chassis mount configured to be coupled to the model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount (the chassis mount 15 includes the retainers therein, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 2
Prodger teaches:
The body mounting assembly according to claim 1, wherein the latch member further comprises: a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 3
Prodger teaches:
The body mounting assembly according to claim 2, wherein the retainer assembly further comprises: a retainer aperture configured to accommodate at least a portion of the latch member; and wherein the retainer engagement surface is provided on a first side of the retainer aperture (retainers 77/79 include apertures that receive the respective latch portions 75/97 that extend to an inside side therein with latch supports 73/95 on one side of the retainer).
In Reference to Claim 4
Prodger teaches:
The body mounting assembly according to claim 3, wherein operation of the latch release member comprises application of a force directed against the latch release member in a first direction (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying horizontal pressure in a first direction on the end members 75/97 to push the engagement ends out of the retainer apertures, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 5
Prodger teaches:
The body mounting assembly according to claim 4, wherein the latch member is resiliently coupled to the latch assembly via a U-shaped cantilever biased in a second direction opposite to the first direction used to operate the latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97 in a first direction, Fig. 3, Col. 3 lines 1-20, that end is moved in a second direction opposite the first direction).
Though Prodger doesn’t specifically teach the latch release member being a U-shaped cantilever lever biased in a second direction opposite to the first direction used to operate the latch release member, the latch functions to latch in the same direction and unlatch in the opposite direction and therefore the exact configuration of the latch member to execute that function is merely a matter of obvious design choice and it has been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
In Reference to Claim 6
Prodger teaches:
The body mounting assembly according to claim 1, wherein the body mount is provided proximate to a first body wheel well and the chassis mount is provided proximate to a first chassis wheel well corresponding to the first body wheel well (each retainer and each latch is located proximate a respective wheel 21 and wheel well area 25/55, Fig. 1-3, ex. the first retainer and latch being proximate the front right wheel/wheel well 21/25/55).
In Reference to Claim 7
Prodger teaches:
The body mounting assembly according to claim 1, further comprising: a second latch assembly (a second latch assembly formed of any other of the plurality of latch members 73/75/95/97, Fig. 3) comprising: a second latch member comprising: a second latch engagement surface (the inner surfaces of 73/75 and 95/97 act as engagement latch surfaces, Fig. 3); a second retainer assembly comprising: a second retainer engagement surface the chassis includes four respective retainer assemblies 77/99 (any other of which may be considered the second latch and retainer assembly) to releasably accept latch members 73/75 and 95/97 therein to couple the body 71/91/13 to the chassis 17/19, Fig. 3); a second latch member comprising: a second latch engagement surface (it appears this limitation is a copying error and is presented in duplicate above); wherein the second latch assembly is releasably coupled to the second retainer assembly via the second latch engagement surface interlocking with the second retainer engagement surface (each of the latches 73/75/95/97 releasably couple to respective retainer surfaces 77/99); wherein the body mount further comprises one of the second latch assembly or the second retainer assembly (the body mount 71/91 includes the latches 73/75/95/97 thereon, Fig. 3); and wherein the chassis mount further comprises a corresponding one of the second retainer assembly or the second latch assembly corresponding to the body mount (the chassis mount 15 includes the retainers therein, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 8
Prodger teaches:
The body mounting assembly according to claim 7, wherein the one of the latch assembly or the retainer assembly of the body mount is rigidly coupled to the one of the second latch assembly or the second retainer assembly of the body mount via a latch assembly connecting member (each retainer assembly is rigidly coupled to each other as they are integrally formed in body member (latch connecting member) 17, Fig. 3, while each latch 73 is connected to the body member 71 and each latch 95 is connected integrally with body member 91).
In Reference to Claim 9
Prodger teaches:
The body mounting assembly according to claim 7, wherein the one of the latch assembly or the retainer assembly of the body mount is configured to be provided proximate to a first body wheel well in the model vehicle body and the corresponding one of the retainer assembly or the latch assembly of the chassis mount is configured to be provided proximate to a first chassis wheel well in the model vehicle chassis corresponding to the first body wheel well; and wherein the one of the second latch assembly or the second retainer assembly of the body mount is configured to be provided proximate to a second body wheel well in the model vehicle body and the corresponding one of the second retainer assembly or the second latch assembly is configured to be provided proximate to a second chassis wheel well provided in the model vehicle chassis corresponding to the first body wheel well (each retainer and each latch is located proximate a respective wheel 21 and wheel well area 25/55, Fig. 1-3, ex. the first retainer and latch being proximate the front right wheel/wheel well 21/25/55 and the second retainer and latch being proximate the front left wheel/wheel well).
In Reference to Claim 10
Prodger teaches:
The body mounting assembly according to claim 9, wherein the first and the second body wheel wells and the first and the second chassis wheel wells are provided on a first model vehicle side (each retainer and each latch is located proximate a respective wheel 21 and wheel well area 25/55, Fig. 1-3, ex. the first retainer and latch being proximate the front right wheel/wheel well 21/25/55 and the second retainer and latch being proximate the front left wheel/wheel well at the front side of the vehicle).
In Reference to Claim 11
Prodger teaches:
The body mounting assembly according to claim 10, wherein the first model vehicle side is a front of the model vehicle (each retainer and each latch is located proximate a respective wheel 21 and wheel well area 25/55, Fig. 1-3, ex. the first retainer and latch being proximate the front right wheel/wheel well 21/25/55 and the second retainer and latch being proximate the front left wheel/wheel well at the front side of the vehicle).
In Reference to Claim 12
Prodger teaches:
The body mounting assembly according to claim 4, wherein the latch assembly further comprises a latch support; and wherein the latch support abuts a second side of the retainer aperture opposite the first side of the retainer aperture (the first portion of each latch assembly 73/95 acts as a support between the body and the engagement ends 75/97, wherein the support portion 73/95 contacts the retainer on the outside surface and the engagement ends 75/97 extend into and contact the inner side/surface of the retainer, Fig. 1-3).
In Reference to Claim 13
Prodger teaches:
The body mounting assembly according to claim 3, wherein one of the body mount or the chassis mount further comprises a reinforcement member; wherein another of the corresponding chassis mount or the body mount further comprises a reinforcement retainer; and wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly (the bottom plate of 71 has an angled retainer to receive a similar angled protruding portion of 17 adjacent the rear retainers 77, wherein the plate accepts the respective protruding part and limits movement in the backward direction when assembled, Fig. 3. Further, the rear portion of 17 has a reinforcement member 53 which is received in a retainer 47 in body 13, which constrains the chassis movement relative the body mount in the forward/rearward directions when assembled, Fig. 3. Further, fastener/retaining member 63 of body mounting portion 65 is received in apertures 67 and 69 of the chassis mount and limits any sideways or forward/rearward movement of the body and chassis mounts when assembled, Fig. 3, Col. 2 lines 65-75).
In Reference to Claim 14
Prodger teaches:
A model vehicle comprising a body mounting assembly (toy vehicle 11 having a body mounting assembly (chassis 17/19 releasable couples to body 13/65/71/91 via releasable latch means), Fig. 1-3) comprising:
a reinforcement member; a reinforcement retainer (the bottom plate of 71 has an angled retainer to receive a similar angled protruding portion of 17 adjacent the rear retainers 77, wherein the plate accepts the respective protruding part and limits movement in the backward direction when assembled, Fig. 3. Further, the rear portion of 17 has a reinforcement member 53 which is received in a retainer 47 in body 13, which constrains the chassis movement relative the body mount in the forward/rearward directions when assembled, Fig. 3. Further, fastener/retaining member 63 of body mounting portion 65 is received in apertures 67 and 69 of the chassis mount and limits any sideways or forward/rearward movement of the body and chassis mounts when assembled, Fig. 3, Col. 2 lines 65-75);
a latch assembly (a first latch assembly formed of any of the plurality of latch members 73/75/95/97, Fig. 3) comprising:
a latch member resiliently coupled to the latch assembly comprising: a latch engagement surface (the inner surfaces of 73/75 and 95/97 act as engagement latch surfaces, Fig. 3);
a retainer assembly (the chassis includes four respective retainer assemblies 77/99 to releasably accept latch members 73/75 and 95/97 therein to couple the body 71/91/13 to the chassis 17/19, Fig. 3) comprising:
a retainer aperture (77/99 are apertures) comprising;
a retainer engagement surface (the surfaces in and around apertures/retainers 77/99 engage and retain the respective latch members thereon, Fig. 3);
wherein a first side of the retainer aperture comprises the retainer engagement surface (inner side of each retainer 77/79);
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together (each of the latches 73/75/95/97 releasably couple to respective retainer engagement surfaces 77/99 on an inner side thereof);
wherein the latch member is resiliently biased against release of the latch member assembly from the retainer assembly (the shape of the arm/latch of 73/75 and 95/97 are and are generally made of semi-flexible plastic, the thin shape being inherently capable of at least minimal resilient movement to engage a retainer member and is biased against release of the latch member from the retainer surface 77/79, Fig. 3, wherein other parts are formed of resilient plastic material to couple parts to one another, Col. 2 lines 53-64, Col. 3 lines 27-38, 58-61);
wherein the reinforcement member is constrained in at least one direction by the reinforcement retainer after assembly (the bottom plate of 71 has an angled retainer to receive a similar angled protruding portion of 17 adjacent the rear retainers 77, wherein the plate accepts the respective protruding part and limits movement in the backward direction when assembled, Fig. 3. Further, the rear portion of 17 has a reinforcement member 53 which is received in a retainer 47 in body 13, which constrains the chassis movement relative the body mount in the forward/rearward directions when assembled, Fig. 3. Further, fastener/retaining member 63 of body mounting portion 65 is received in apertures 67 and 69 of the chassis mount and limits any sideways or forward/rearward movement of the body and chassis mounts when assembled, Fig. 3, Col. 2 lines 65-75);
wherein a body mount coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly (the body mount 71/91 includes the latches 73/75/95/97 thereon, Fig. 3) and one of the reinforcement member or the reinforcement retainer (63/65 is formed on the body, the shaped plate 71 is formed on the body, and the retainer 47 is formed on the body, Fig. 3); and
wherein a chassis mount coupled to a model vehicle chassis comprises a corresponding other of the retainer assembly or the latch assembly (the chassis mount 15 includes the retainers therein, Fig. 3, Col. 3 lines 1-20) and a corresponding other of the reinforcement retainer and the reinforcement member corresponding to the body mount (the apertures 67/69 are formed on the chassis, the engaging shaped portion about 77 is formed on the chassis, and the reinforcing member 53 is formed on the chassis, Fig. 3).
In Reference to Claim 15
Prodger teaches:
The model vehicle according to claim 14, wherein the chassis mount and the body mount are provided proximate to a first model vehicle side (each retainer and each latch is located proximate a respective wheel 21 and wheel well area 25/55, Fig. 1-3, ex. the first retainer and latch being proximate the front right wheel/wheel well 21/25/55 and the second retainer and latch being proximate the front left wheel/wheel well at the front side of the vehicle).
In Reference to Claim 16
Prodger teaches:
The model vehicle according to claim 14, wherein the latch member further comprises: a latch release member; and wherein the latch assembly is released from the retainer assembly via operation of the latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 17
Prodger teaches:
The body mounting assembly according to claim 16, wherein the latch member is resiliently coupled to the latch assembly via a U-shaped cantilever biased to oppose a direction used to operate the latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97 in a first direction, Fig. 3, Col. 3 lines 1-20, that end is moved in a second direction opposite the first direction).
Though Prodger doesn’t specifically teach the latch release member being a U-shaped cantilever lever biased in a second direction opposite to the first direction used to operate the latch release member, the latch functions to latch in the same direction and unlatch in the opposite direction and therefore the exact configuration of the latch member to execute that function is merely a matter of obvious design choice and it has been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
In Reference to Claim 18
Prodger teaches:
A body mounting assembly (toy vehicle 11 having a body mounting assembly (chassis 17/19 releasable couples to body 13/65/71/91 via releasable latch means), Fig. 1-3) comprising:
a latch assembly (a first latch assembly formed of any of the plurality of latch members 73/75/95/97, Fig. 3) comprising:
a latch member resiliently coupled to the latch assembly comprising: a latch engagement surface (the inner surfaces of 73/75 and 95/97 act as engagement latch surfaces, the latch being elongate and formed of generally resilient material for repeated latching and unlatching, Fig. 3);
a latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97, Fig. 3, Col. 3 lines 1-20);
a retainer assembly (the chassis includes four respective retainer assemblies 77/99 to releasably accept latch members 73/75 and 95/97 therein to couple the body 71/91/13 to the chassis 17/19, Fig. 3) comprising:
a retainer engagement surface (the surfaces in and around apertures/retainers 77/99 engage and retain the respective latch members thereon, Fig. 3);
wherein the latch assembly is releasably coupled to the retainer assembly when the latch engagement surface and the retainer engagement surface interlock together (each of the latches 73/75/95/97 releasably couple to respective retainer engagement surfaces 77/99 on an inner side thereof);
wherein the latch member is resiliently biased against release of the latch member assembly from the retainer assembly (the shape of the arm/latch of 73/75 and 95/97 are and are generally made of semi-flexible plastic, the thin shape being inherently capable of at least minimal resilient movement to engage a retainer member and is biased against release of the latch member from the retainer surface 77/79, Fig. 3, wherein other parts are formed of resilient plastic material to couple parts to one another, Col. 2 lines 53-64, Col. 3 lines 27-38, 58-61);
wherein a body mount configured to be coupled to a model vehicle body comprises one of the latch assembly or the retainer assembly (the body mount 71/91 includes the latches 73/75/95/97 thereon, Fig. 3);
wherein a chassis mount configured to be coupled to the model vehicle chassis comprises a corresponding one of the retainer assembly or the latch assembly corresponding to the body mount (the chassis mount 15 includes the retainers therein, Fig. 3, Col. 3 lines 1-20); and
wherein the latch assembly is released from the retainer assembly via operation of the latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 19
Prodger teaches:
The body mounting assembly according to claim 18, wherein operation of the latch release member comprises application of a force directed against the latch release member in a first direction (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97 in a first direction, Fig. 3, Col. 3 lines 1-20).
In Reference to Claim 20
Prodger teaches:
The body mounting assembly according to claim 19, wherein the latch member is resiliently coupled to the latch assembly via a U-shaped cantilever biased in a second direction opposite to the first direction used to operate the latch release member (each latch has a support portion 73/95 and a release/end member 75/97, wherein the latch is unlocked from the retainer by applying pressure on the end members 75/97 in a first direction, Fig. 3, Col. 3 lines 1-20, that end is moved in a second direction opposite the first direction).
Though Prodger doesn’t specifically teach the latch release member being a U-shaped cantilever lever biased in a second direction opposite to the first direction used to operate the latch release member, the latch functions to latch in the same direction and unlatch in the opposite direction and therefore the exact configuration of the latch member to execute that function is merely a matter of obvious design choice and it has been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Brief Discussion of Other Prior Art References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the references cited page for publications that are noted for containing similar subject matter as the applicant. For example, Carlson (8,579,674), Nakayama (2011/0176861), Mataja (6,918,627), Hang (4,986,789), Ventura (4,678,451), Bartos (4,615,686), Sugimoto (4,470,219), and Hanazato (4,466,215) teach similar toy vehicle assemblies having a body, chassis and mounting system for connecting the body to the chassis.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
