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 .
This Office Action is in response to the claims filed on 09/24/2025.
Claims 21-23, 25-32, and 34-39 are currently pending and have been examined below. Claims 1-20, 24, 33 and 40 are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/24/2025 has been entered.
Claim Interpretation
For claims 1, 30, and 39, the recitations “the first position being bounded by a roof of the automobile, the first pillar, and the second pillar” on lines 15-16 questions the clarity of the claim whether is the position actually being bounded by the roof, first pillar, and second pillar or is it merely the retractable window being bounded by all three vehicle parts when in the first position. Examiner notes that this seems to be referring to the retractable window being in the first position as such no clarity issues set forth, however applicant should amend the claims to further clarify the scope of the claims. Note that this issue is also present with the recitation “the second position being inside the cavity” on lines 16-17.
Furthermore, these issues are also present to the other independent claims 30 and 39.
Claim Objections
Claims 30 and 39 are objected to because of the following informalities:
In line 8 of claim 30, “the cavity comprises an outside surface” is objected. This objection was set forth because a cavity is an intangible element. Examiner notes that the scope of the claim is clear via the disclosure and this was interpreted as the outer surface of the body panel that defines the cavity (see par. 25).
In line 2 of claim 39, “body side panel” should read --a body side panel--.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-23 and 25-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21
Recitations such as “one or more fastening techniques” on lines 10-11 render the claims indefinite because it is unclear what is the scope of the term “techniques” as it can include different elements, steps, or processes. Additionally, this rejection was also set forth because claim 21 is an apparatus claim and the term ‘technique’ requires method steps therefore it is unclear if applicant is attempting to recite a method step in an apparatus claim. Perhaps applicant meant “fastening elements”?
PNG
media_image1.png
106
432
media_image1.png
Greyscale
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends.
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 21-23, 30-32, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Ledwinka (US 1,861,967 A) in view of Lynam et al. (US 8186741) (hereinafter “Lynam”) and in further view of Hustyi et al. (2009/0243329) (hereinafter “Hustyi”).
Claim 21
(Ledwinka discloses) An automobile (figures 1-10) comprising:
a body side panel (body side panel shown in figure 1), comprising:
a first pillar (pillar shown in cross-section of figure 6) disposed rearward of a door (rear door discussed in lines 46-48 of page 1) of the automobile;
a second pillar (pillar shown in cross-section of figure 9) disposed rearward of the first pillar; and
an interior panel (11) connecting the first pillar and the second pillar;
a rear quarter panel (10) attached to an exterior of the body side panel (figures 3-10) and forming a cavity (Annotated figure 5 below) between the rear quarter panel and the interior panel, wherein the cavity is a wet area (Annotated figure 5 below), the interior panel is configured to prevent water from passing from the wet area to a dry area (Annotated figure 5 below) within the interior panel, and the rear quarter panel is a hang-on component attached with one or more fastening techniques (Excerpt 1 below); and
a retractable window (Excerpt 2 from page 1 below) disposed between the first pillar and the second pillar (figure 1), the retractable window being configured to move between a first position (raised position) and a second position (lowered position), the first position being bounded by a roof (shown in figure 1) of the automobile, the first pillar, and the second pillar, and the second position
being inside the cavity (Excerpt 2 below).
Ledwinka fails to disclose:
(i) the fastening techniques including snaps and glue;
(ii) wherein the first pillar, second pillar, and interior panel are formed as a single panel, wherein the single panel is a structural support portion of a unibody structure for the automobile.
(i) (However, Lynam teaches) a rear quarter panel (510c; Lynam figure 13) is a hang-on component attached with one or more fastening techniques including snaps (Excerpt 3 from col. 18 below) and glue (the “one or more” option in this recitation was interpreted such that only one of the two options is required to be taught by the prior art).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to attach the rear quarter panel using snaps as taught by Lynam, with a reasonable expectation of success, for a quicker and faster assembly of the rear quarter panel and interior panel without sacrificing the structural integrity of the automobile. Additionally, removability for replacing the rear quarter panel is also improved since there is no need for bending or damaging either panels.
(ii) (However, Hustyi teaches) wherein a first pillar, second pillar, and an interior panel are formed as a single panel (par. 44 discusses the vehicle body 12, shown in Hustyi figure 1-2, is formed as a single, unibody type body panel), wherein the single panel is a structural support portion of a unibody structure for an automobile (10; Hustyi figure 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to provide the body components of modified Ledwinka to be formed as a unibody structure as taught by Hustyi, with a reasonable expectation of success, since a unibody construction enhances the rigidity of the vehicle along greater areas of the vehicle as well as decreasing the cost of welding components together. Furthermore, integrally welded components are art equivalent to a single formed element.
PNG
media_image2.png
441
426
media_image2.png
Greyscale
Annotated figure 5
PNG
media_image3.png
296
577
media_image3.png
Greyscale
Excerpt 1
PNG
media_image4.png
128
405
media_image4.png
Greyscale
Excerpt 2
PNG
media_image5.png
171
502
media_image5.png
Greyscale
Excerpt 3
Claim 22
(Ledwinka, as modified above, discloses) The automobile of claim 21, wherein the first pillar is a C-pillar, and the second pillar is a D-pillar (both pillars shown in figure 1).
Claim 23
(Ledwinka, as modified above, discloses) The automobile of claim 21, wherein the first pillar is a B-pillar and the second pillar is a C-pillar (both pillars shown in figure 1).
Claim 30
(Ledwinka discloses) An automobile (figures 1-10) comprising:
a body side panel (body side panel shown in figure 1), comprising:
a first pillar (pillar shown in cross-section of figure 6) disposed rearward of a door (rear door discussed in lines 46-48 of page 1) of the automobile;
a second pillar (pillar shown in cross-section of figure 9) disposed rearward of the first pillar; and
an interior panel (11) connecting the first pillar and the second pillar;
a rear quarter panel (10) attached to an exterior of the body side panel (figures 3-10) and forming a cavity (Annotated figure 5 above) between the rear quarter panel and the interior panel, wherein the cavity comprises an outside surface exterior to a sealed area of the automobile (Annotated figure 5 above), and the rear quarter panel is a hang-on component attached with one or more fastening techniques (Excerpt 1 above); and
a retractable window (Excerpt 2 from page 1 above) disposed between the first pillar and the second pillar (figure 1), the retractable window being configured to move between a first position (raised position) and a second position (lowered position), the first position being bounded by a roof (shown in figure 1) of the automobile, the first pillar, and the second pillar, and the second position
being inside the cavity (Excerpt 2 above).
Ledwinka fails to disclose:
(i) the fastening techniques including snaps and glue;
(ii) wherein the first pillar, second pillar, and interior panel are formed as a single panel, wherein the single panel is a structural support portion of a unibody structure for the automobile.
(i) (However, Lynam teaches) a rear quarter panel (510c; Lynam figure 13) is a hang-on component attached with one or more fastening techniques including snaps (Excerpt 3 from col. 18 above) and glue (the “one or more” option in this recitation was interpreted such that only one of the two options is required to be taught by the prior art).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to attach the rear quarter panel using snaps as taught by Lynam, with a reasonable expectation of success, for a quicker and faster assembly of the rear quarter panel and interior panel without sacrificing the structural integrity of the automobile. Additionally, removability for replacing the rear quarter panel is also improved since there is no need for bending or damaging either panels.
(ii) (However, Hustyi teaches) wherein a first pillar, second pillar, and an interior panel are formed as a single panel (par. 44 discusses the vehicle body 12, shown in Hustyi figure 1-2, is formed as a single, unibody type body panel), wherein the single panel is a structural support portion of a unibody structure for an automobile (10; Hustyi figure 1-2).
It would have been obvious before the effective filing date of the claimed invention to provide the body components of modified Ledwinka to be formed as a unibody structure as taught by Hustyi, with a reasonable expectation of success, since a unibody construction enhances the rigidity of the vehicle along greater areas of the vehicle as well as decreasing the cost of welding components together. Furthermore, integrally welded components are art equivalent to a single formed element.
Claim 31
(Ledwinka, as modified above, discloses) The automobile of claim 30, wherein the first pillar is a C-pillar, and the second pillar is a D-pillar (both pillars shown in figure 1).
Claim 32
(Ledwinka, as modified above, discloses) The automobile of claim 30, wherein the first pillar is a B-pillar and the second pillar is a C-pillar (both pillars shown in figure 1).
Claim 39
(Ledwinka discloses) An automobile (figures 1-10) comprising:
body side panel (body side panel shown in figure 1), comprising:
a first pillar (pillar shown in cross-section of figure 6) disposed rearward of a door (rear door discussed in lines 46-48 of page 1) of the automobile;
a second pillar (pillar shown in cross-section of figure 9) disposed rearward of the first pillar; and
an interior panel (11) connecting the first pillar and the second pillar;
a rear quarter panel (10) attached to an exterior of the body side panel (figures 3-10) and forming a cavity (Annotated figure 5 above) between the rear quarter panel and the interior panel, wherein the cavity is a wet area (Annotated figure 5 above), the interior panel is configured to prevent water from passing from the wet area to a dry area (Annotated figure 5 above) within the interior panel, and the rear quarter panel is a hang-on component attached with one or more fastening techniques (Excerpt 1 above); and
a retractable window (Excerpt 2 from page 1 above) disposed between the first pillar and the second pillar (figure 1), the retractable window being configured to move between a first position (raised position) and a second position (lowered position), the first position being bounded by a roof (shown in figure 1) of the automobile, the first pillar, and the second pillar, and the second position
being inside the cavity (Excerpt 2 above).
Ledwinka fails to disclose:
(i) the fastening techniques including snaps and glue;
(ii) wherein the first pillar, second pillar, and interior panel are formed as a single panel, wherein the single panel is a structural support portion of a unibody structure for the automobile.
(i) (However, Lynam teaches) a rear quarter panel (510c; Lynam figure 13) is a hang-on component attached with one or more fastening techniques including snaps (Excerpt 3 from col. 18 above) and glue (the “one or more” option in this recitation was interpreted such that only one of the two options is required to be taught by the prior art).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to attach the rear quarter panel using snaps as taught by Lynam, with a reasonable expectation of success, for a quicker and faster assembly of the rear quarter panel and interior panel without sacrificing the structural integrity of the automobile. Additionally, removability for replacing the rear quarter panel is also improved since there is no need for bending or damaging either panels.
(ii) (However, Hustyi teaches) wherein a first pillar, second pillar, and an interior panel are formed as a single panel (par. 44 discusses the vehicle body 12, shown in Hustyi figure 1-2, is formed as a single, unibody type body panel), wherein the single panel is a structural support portion of a unibody structure for an automobile (10; Hustyi figure 1-2).
It would have been obvious before the effective filing date of the claimed invention to provide the body components of modified Ledwinka to be formed as a unibody structure as taught by Hustyi, with a reasonable expectation of success, since a unibody construction enhances the rigidity of the vehicle along greater areas of the vehicle as well as decreasing the cost of welding components together. Furthermore, integrally welded components are art equivalent to a single formed element.
Claims 25 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Ledwinka in view of Lynam and in view of Hustyi, as applied to claims 21-23, 30-32, and 39 above, in further view of Fallis, III et al. (US 7367615) (hereinafter “Fallis”).
Claim 25
(Ledwinka, as modified above, discloses) The automobile of claim 21.
Modified Ledwinka is silent regarding further comprising:
a passenger door window;
a tailgate window; and
a sunroof.
(However, Fallis teaches) an automobile (10; Fallis figures 1-2) further comprising:
a passenger door window (16);
a tailgate window (26); and
a sunroof (24).
It would have been obvious before the effective filing date of the claimed invention to provide the automobile of modified Ledwinka with a sunroof, rear window, and tailgate window as taught by Fallis, with a reasonable expectation of success, since the sunroof and tailgate window allows more sunlight to be projected within the automobile.
Claim 34
(Ledwinka, as modified above, discloses) The automobile of claim 30.
Modified Ledwinka is silent regarding further comprising:
a passenger door window;
a tailgate window; and
a sunroof.
(However, Fallis teaches) an automobile (10; Fallis figures 1-2) further comprising:
a passenger door window (16);
a tailgate window (26); and
a sunroof (24).
It would have been obvious before the effective filing date of the claimed invention to provide the automobile of modified Ledwinka with a sunroof, rear window, and tailgate window as taught by Fallis, with a reasonable expectation of success, since the sunroof and tailgate window allows more sunlight to be projected within the automobile.
Claims 26-28 and 35-37 are rejected under 35 U.S.C. 103 as being unpatentable over Ledwinka in view of Lynam and in view of Hustyi in view of Fallis, as applied to claims 25 and 34 above, in further view of Gage (US 20170362878).
Claim 26
(Ledwinka, as modified above, discloses) The automobile of claim 25.
Modified Ledwinka fails to disclose further comprising:
a control system that performs a global opening operation, the global opening operation comprising retracting each of the retractable window disposed between the first pillar and the second pillar, the passenger door window, the tailgate window, and the sunroof.
(However, Gage teaches) an automobile (abstract) further comprising:
a control system (82; par. 31) that performs a global opening operation (Excerpt 4 from par. 19 below discusses a global opening operation of opening vehicle windows including inside windows, outside windows, and sunroof), the global opening operation comprising retracting each of the retractable window disposed between the first pillar and the second pillar, the passenger door window, the tailgate window, and the sunroof (Excerpt 4 below).
It would have been obvious before the effective filing date of the claimed invention to provide the automobile closure opening system of modified Ledwinka with the operating control system as taught by Gage, with a reasonable expectation of success, since a global operating system allows a user to independently move the closure(s) via a motor to a desired position as well as allowing the closures to be moved via a smart system since this allows for convenience as well as safety means since closures can be independently controlled.
PNG
media_image6.png
314
411
media_image6.png
Greyscale
Excerpt 4
Claim 27
(Ledwinka, as modified above, discloses) The automobile of claim 26, wherein the control system performs the global opening operation when a user engages a button (Excerpt 4 above discussing key fob which inevitably teaches a button).
Claim 28
(Ledwinka, as modified above, discloses) The automobile of claim 27, wherein the button is disposed on a remote key fob (Excerpt 4 above).
Claim 35
(Ledwinka, as modified above, discloses) The automobile of claim 34.
Modified Ledwinka fails to disclose further comprising:
a control system that performs a global opening operation, the global opening operation comprising retracting each of the retractable window disposed between the first pillar and the second pillar, the passenger door window, the tailgate window, and the sunroof.
(However, Gage teaches) an automobile (abstract) further comprising:
a control system (82; par. 31) that performs a global opening operation (Excerpt 4 from par. 19 above discusses a global opening operation of opening vehicle windows including inside windows, outside windows, and sunroof), the global opening operation comprising retracting each of the retractable window disposed between the first pillar and the second pillar, the passenger door window, the tailgate window, and the sunroof (Excerpt 4 above).
It would have been obvious before the effective filing date of the claimed invention to provide the automobile closure opening system of modified Ledwinka with the operating control system as taught by Gage, with a reasonable expectation of success, since a global operating system allows a user to independently move the closure(s) via a motor to a desired position as well as allowing the closures to be moved via a smart system since this allows for convenience as well as safety means since closures can be independently controlled.
Claim 36
(Ledwinka, as modified above, discloses) The automobile of claim 35, wherein the control system performs the global opening operation when a user engages a button (Excerpt 4 above discussing key fob which inevitably teaches a button).
Claim 37
(Ledwinka, as modified above, discloses) The automobile of claim 36, wherein the button is disposed on a remote key fob (Excerpt 4 above).
Claims 29 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Ledwinka in view of Lynam and in view of Hustyi, as applied to claims 21-23, 30-32, and 39 above, in further view of Gage.
Claim 29
(Ledwinka, as modified above, discloses) The automobile of claim 21.
Modified Ledwinka fails to disclose further comprising a motor disposed in the cavity and powering movement of the retractable window between the first position and the second position.
(However, Gage teaches) an automobile (abstract) further comprising a motor (26; Gage figure 4) disposed in a cavity (the cavity in which the window 16 is inserted; Gage figure 6) and powering movement of a retractable window (16) between a first position and a second position (closed and opened positions respectively).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the retractable window of modified Ledwinka with the motor of Gage, with a reasonable expectation of success, as the motor allows automated operation of the retractable window thus significantly providing convenience to passengers.
Claim 38
(Ledwinka, as modified above, discloses) The automobile of claim 30.
Modified Ledwinka fails to disclose further comprising a motor disposed in the cavity and powering movement of the retractable window between the first position and the second position.
(However, Gage teaches) an automobile (abstract) further comprising a motor (26; Gage figure 4) disposed in a cavity (the cavity in which the window 16 is inserted; Gage figure 6) and powering movement of a retractable window (16) between a first position and a second position (closed and opened positions respectively).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the retractable window of modified Ledwinka with the motor of Gage, with a reasonable expectation of success, as the motor allows automated operation of the retractable window thus significantly providing convenience to passengers.
Response to Arguments
Applicant's arguments and amendments directed to the drawing objections have been considered and the objections were withdrawn.
Applicant's arguments filed on 09/24/2025 have been fully considered but they are not persuasive. Regarding “Even if Joseph disclosed a quarter panel being attached "via crimping and welding," as asserted by the rejection of claim 21, crimping and welding are not snaps and/or glue. Thus, Joseph does not disclose a quarter panel being a hang-on component attached with one or more fastening techniques including snaps and glue, as recited by claim 21” (Remarks section page 1), although Joseph, hereinafter “Ledwinka”, does not disclose snaps or glue, one of the ordinary skill in the art would have the knowhow to use different known fastening techniques to attach the rear quarter panel to the interior panel.
Examiner notes that this was found not persuasive nor novel because applicant’s own disclosure discloses the fastening technique to utilize many forms of suitable fastening methods (see par. 28) as such, this implies that the method of attaching the rear quarter panel to the interior panel is not the crux of applicant’s invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634