DETAILED ACTION
The present application, filed on 07/09/2025, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 07/09/2025.
Claims 1-20 are pending and have been considered below.
Priority
The application claims priority to provisional application 63/161,236, filed on 03/15/2021; is a continuation of 17/689,336, filed on 03/08/2022; is a continuation of 18/229,250, filed on 08/02/2023; and is a continuation of 18/895,703, filed on 09/25/2024. The priority is acknowledged.
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, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 9, 10, 11, 13, 14, 8, 8, 12, 12, 13, 14, 12, 12, 16, 17, respectively, of U.S. Patent No. 12,384,458. Although the claims at issue are not identical, they are not patentably distinct from each other because the left frame rail and the right frame rail are indistinguishable with the frame members of the frame assembly; and because a solid axle is indistinguishable from an axle.
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 1-3, 5-8, 10-12, 14-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma (CN 108327787).
Regarding claim 1, Ma discloses a chassis for a vehicle {Fig. 1}, the chassis comprising: a frame assembly {1: “a chassis comprising: a frame” [0023]}; an axle {10} coupled to the frame assembly {1}; and a steering assembly {3+4+5+6+8+9} including: a pair of wheel hubs {4 (402)} coupled to opposing ends of the axle {10 (Figs. 1, 4)}; a steering gear mechanism {6: “steering gear mechanism” [0062-0064]} positioned between frame members of the frame assembly {1 (Fig. 1)}; and a linkage assembly {3+5+8+9: “The vehicle steering system includes a steering transmission. The steering transmission mechanism includes a steering transmission unit… The steering transmission unit includes a steering rocker arm 5, a steering rod 9, a guide mechanism 8, and a knuckle arm 3” [0042-0043]} coupling the steering gear mechanism {6 (Fig. 1)} to the pair of wheel hubs {4 (402)} to facilitate steering the pair of wheel hubs {4 (402)} through actuation of the steering gear mechanism {6 [0080]}, wherein no components of the linkage assembly {3+5+8+9} extend through any of the frame members of the frame assembly {1 (Fig. 1): they all extend underneath frame assembly 1 [0078]}.
Regarding claim 2, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein at least a portion {top surface portion (Fig. 1)} of the steering gear mechanism {6} is positioned along the bottom plane {“the rotating rocker arm 5 on the lower bottom surface of the frame 1” [0078]}.
Regarding claim 3, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein the steering gear mechanism {6} is positioned entirely below the bottom plane {“the rotating rocker arm 5 on the lower bottom surface of the frame 1” [0078]}.
Regarding claim 5, Ma discloses {Fig. 1} the linkage assembly {3+5+8+9} includes (a) one or more pitman arms {5} coupled to the steering gear mechanism {6}, (b) a pair of steering links {9} coupled to the one or more pitman arms {5}, and (c) a pair of tie rod arms {3} coupling the pair of steering links {9} to the pair of wheel hubs {4 (402)}.
Regarding claim 6, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein the one or more pitman arms {5} are shaped such that at least a portion of the pair of steering links {9} are positioned beneath the bottom plane and pass underneath the frame members of the frame assembly {1} and do not extend through the frame members {Fig. 1}.
Regarding claim 7, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, wherein the pair of steering links {9} are shaped such that at least a portion of the pair of steering links {9} are positioned beneath the bottom plane and pass underneath the frame members of the frame assembly {1} and do not extend through the frame members {Fig. 1}.
Regarding claim 8, Ma discloses {Fig. 1} the steering gear mechanism {6: “steering gear mechanism” [0062-0064]} includes a first gear box {6 (left side)} and a second gear box {6 (right side)} positioned between the frame members of the frame assembly {1}.
Regarding claim 10, Ma discloses a chassis for a vehicle {Fig. 1}, the chassis comprising: a frame assembly {1: “a chassis comprising: a frame” [0023]}; an axle {10} coupled to the frame assembly; and a steering assembly {3+4+5+6+8+9} including: a pair of wheel hubs {4 (402)} coupled to opposing ends of the axle {10 (Figs. 1, 4)}; a steering gear mechanism {6: “steering gear mechanism” [0062-0064]} positioned between frame members of the frame assembly {1 (Fig. 1)}; and a linkage assembly {3+5+8+9: “The vehicle steering system includes a steering transmission. The steering transmission mechanism includes a steering transmission unit… The steering transmission unit includes a steering rocker arm 5, a steering rod 9, a guide mechanism 8, and a knuckle arm 3” [0042-0043]} coupling the steering gear mechanism {6} to the pair of wheel hubs {4 (402)} to facilitate steering the pair of wheel hubs {4 (402)} through actuation of the steering gear mechanism {6 [0080]}, wherein the linkage assembly {3+5+8+9} passes underneath the frame members of the frame assembly {1 (Fig. 1)}.
Regarding claim 11, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein at least a portion {top surface portion (Fig. 1)} of the steering gear mechanism {6} is positioned along the bottom plane {“the rotating rocker arm 5 on the lower bottom surface of the frame 1” [0078]}.
Regarding claim 12, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein the steering gear mechanism {6} is positioned entirely below the bottom plane {“the rotating rocker arm 5 on the lower bottom surface of the frame 1” [0078]}.
Regarding claim 14, Ma discloses {Fig. 1} the linkage assembly {3+5+8+9} includes (a) one or more pitman arms {5} coupled to the steering gear mechanism {6}, (b) a pair of steering links {9} coupled to the one or more pitman arms {5}, and (c) a pair of tie rod arms {3} coupling the pair of steering links {9} to the pair of wheel hubs {4 (402)}.
Regarding claim 15, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein the one or more pitman arms {5} are shaped such that at least a portion of the pair of steering links {9} are positioned beneath the bottom plane and pass underneath the frame members of the frame assembly {1} and do not extend through the frame members {Fig. 1}.
Regarding claim 16, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, wherein the pair of steering links {9} are shaped such that at least a portion of the pair of steering links {9} are positioned beneath the bottom plane and pass underneath the frame members of the frame assembly {1} and do not extend through the frame members {Fig. 1}.
Regarding claim 17, Ma discloses {Fig. 1} the steering gear mechanism {6: “steering gear mechanism” [0062-0064]} includes a first gear box {6 (left side)} and a second gear box {6 (right side)} positioned between the frame members of the frame assembly {1}.
Regarding claim 19, Ma discloses a chassis for a vehicle {Fig. 1}, the chassis comprising: a frame assembly {1: “a chassis comprising: a frame” [0023]}; an axle assembly {10} coupled directly to the frame assembly, the axle assembly {10} including a solid axle {10}; and a steering assembly{3+4+5+6+8+9} including: a pair of wheel hubs {4 (402)} coupled to opposing ends of the solid axle {10 (Figs. 1, 4)}; a steering gear mechanism {6: “steering gear mechanism” [0062-0064]} positioned between frame members of the frame assembly {1 (Fig. 1)}; one or more pitman arms {5} coupled to the steering gear mechanism {6}; and a pair of steering links {9} coupling the one or more pitman arms {5} to the pair of wheel hubs {4 (402)} to facilitate steering the pair of wheel hubs {4 (402)} through actuation of the steering gear mechanism {6}, wherein the pair of steering links {9} pass underneath the frame members of the frame assembly {1} such that no components of the steering assembly {3+4+5+6+8+9} extend through any of the frame members of the frame assembly {1 (Fig. 1)}.
Regarding claim 20, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}, and wherein the one or more pitman arms {5} are shaped such that at least a portion of the pair of steering links {9} are positioned beneath the bottom plane and pass underneath the frame members of the frame assembly {1} and do not extend through the frame members {Fig. 1}.
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.
Claims 4, 9, 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Magnusson (3,768,825).
Regarding claim 4, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}.
However, Ma does not disclose the steering gear mechanism is positioned entirely above the bottom plane.
Magnusson teaches {Figs. 1-3} a steering gear mechanism {21} is positioned entirely above a bottom plane {Fig. 3} defined by a bottom surface of the frame assembly {bottom surface of 8}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the chassis, as disclosed by Ma, such that the steering gear mechanism is positioned entirely above the bottom plane, as taught by Magnusson, so that the steering gear “is located centrally on the wheel axle frame 8” {Col. 2, lines 37-38}.
Regarding claim 9, Ma discloses {Fig. 1} the axle {10} is coupled to the frame assembly {1 (via 11)}.
However, Ma does not disclose the axle is coupled directly to the frame assembly.
Magnusson teaches an axle {1} is coupled directly to the frame assembly {8: “The wheel axle 1 is supported by a longitudinal frame 8 which by means of a bolt 9 and a mechanism 9a mounted so as to have but an insignificant elastic deflection axially” (Col. 2, lines 15-18)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the chassis, as disclosed by Ma, such that the axle is coupled directly to the frame assembly, as taught by Magnusson, “so as to have but an insignificant elastic deflection axially” {Col. 2, lines 17-18}.
Regarding claim 13, Ma discloses bottom surfaces of the frame assembly {1: “the lower bottom surface of the frame 1” [0078]} define a bottom plane {Fig. 1}.
However, Ma does not disclose the steering gear mechanism is positioned entirely above the bottom plane.
Magnusson teaches {Figs. 1-3} a steering gear mechanism {21} is positioned entirely above a bottom plane {Fig. 3} defined by a bottom surface of the frame assembly {bottom surface of 8}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the chassis, as disclosed by Ma, such that the steering gear mechanism is positioned entirely above the bottom plane, as taught by Magnusson, so that the steering gear “is located centrally on the wheel axle frame 8” {Col. 2, lines 37-38}.
Regarding claim 18, Ma discloses {Fig. 1} the axle {10} is coupled to the frame assembly {1 (via 11)}.
However, Ma does not disclose the axle is coupled directly to the frame assembly.
Magnusson teaches an axle {1} is coupled directly to the frame assembly {8: “The wheel axle 1 is supported by a longitudinal frame 8 which by means of a bolt 9 and a mechanism 9a mounted so as to have but an insignificant elastic deflection axially” (Col. 2, lines 15-18)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the chassis, as disclosed by Ma, such that the axle is coupled directly to the frame assembly, as taught by Magnusson, “so as to have but an insignificant elastic deflection axially” {Col. 2, lines 17-18}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel M Keck whose telephone number is (571)272-5947. The examiner can normally be reached Mon - Fri 8:00-4:00.
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/Daniel M. Keck/Patent Examiner, Art Unit 3614