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
The amendment to claims filed on 12/1/2025 is acknowledged. Claims 1, 3-5, 7-8, 12-13, 16, 21-25 and 34 are amended. Currently, claims 1-8, and 10-34 are pending in the application.
Previous claim objections are withdrawn in view of the above amendment.
Claims 1-8 and 10-34 are rejected on a new ground of rejection.
Claim Objections
Claim 10 is objected to because of the following informalities: claim 10 indicates amendment and being presented with entirely different limitation from previous claim 10, but include no markings of changes as required. See MPEP 714.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8, 10-21 and 25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As amended, claim 1 recites “the elongate resistive heating element of thermally transmissive, temperature mitigation, and electrically insulative material” in lines 7-9. Applicant has no support for the limitation in the originally filed disclosure. On the contrary to the claims, Applicant discloses resistive heating is power with electric current (see [0048] of Applicant’s specification), or the resistive heating element must be an electrically conductive material and not electrically insulative material as claimed.
Similarly, claim 7 is amended to recite “the elongate resistive heating element of thermally transmissive, temperature mitigating, and electrically insulative material” in lines 7-9. Applicant has no support for the limitation in the originally filed disclosure. On the contrary to the claims, Applicant discloses resistive heating is power with electric current (see [0048] of Applicant’s specification), or the resistive heating element must be an electrically conductive material and not electrically insulative material as claimed.
For the purpose of this office action, the properties/characteristics of “thermally transmissive, temperature mitigating, and electrically insulative material” are construed as the properties/characteristics of the cover segment of PTFE as disclosed by Applicant (see [0048] of Applicant’s specification).
Claims 1 and 7 also recite “mitigate condensate occlusion … by condensate” in line 13 of claim 1 and lines 10-11 of claim 7. Applicant does not have support for the limitation in the originally filed disclosure. There is no where in Applicant’s disclosure describing mitigate condensate occlusion by condensate as claimed.
For the purpose of this office action, the limitation is construed as the heating source generates heat to mitigate the condensate (see [0007] and [0083] of Applicant’s specification).
Claims 2-6 and 8-21 are rejected on the same ground as claims 1 and 7.
As amended, claim 8 recites “the at least one panel comprises a foam core having an elongate groove with a radiant heat reflective layer, the elongate resistive heating element received in the elongate groove atop above and in the radiant heat reflective layer” (emphasis added) in lines 4-7. Applicant does not disclose an elongate groove atop above and also in the radiant heat reflective layer. On the contrary, Applicant shows the elongate groove (28) above the heat reflective layer (34) but cannot be in the reflective layer (34) in fig. 7.
As amended, claim 25 recites “a covering segment provided circumferentially in contact with and encompassing the elongate heating wire contained within the inner cavity” in lines 5-7. Applicant has no support in the originally filed disclosure. There is no where in the originally filed disclosure describing a covering segment in contact with the elongate heating wire.
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 1-8, 10-21 and 25 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.
As amended, claims 1 and 7 recite “mitigate condensate occlusion of the at least one solar cell by condensate on a vehicle wind shield” in lines 12-13 of claim 1 and lines 10-11 of claim 7. It is unclear what is being claimed as “mitigate condensate occlusion … by condensate”.
Claim 1 also recites “a vehicle wind shield” in line 3, and “a vehicle wind shield” in line 13. It is unclear if “a vehicle wind shield” recited in line 13 is the same as or different from “a vehicle wind shield” recited in line 3.
Claim 7 also recites “a vehicle wind shield” in line 3, and “a vehicle wind shield” in line 11. It is unclear if “a vehicle wind shield” recited in line 11 is the same as or different from “a vehicle wind shield” recited in line 3.
Claims 2-6, 8, 10-21 are rejected on the same grounds and for reciting the limitation as claims 1 and 7.
As amended, claim 8 recites “the at least one panel comprises a foam core having an elongate groove with a radiant heat reflective layer, the elongate resistive heating element received in the elongate groove atop above and in the radiant heat reflective layer” (emphasis added) in lines 4-7. It is unclear what is being claimed because once the groove is atop and above the radiant heat reflective layer, the groove cannot be in the radiant heat reflective layer. For the purpose of this office action, the limitation is construed as the groove (28) is above the radiant heat reflective layer (34) according to fig. 7 in applicant’s disclosure.
Claim 18 depends on claim 7 and recites “a resistance elongate heating wire having an elongate encasement comprising a cover segment of plastic having an inner cavity of thermally transmissive, temperature mitigating, and electrically insulative material encompassing the elongate heating wire contained within the inner cavity”, while claim 7 is amended to recite “a heating source including an elongate heater having an elongate resistive heating element and an elongate cover segment having an inner cavity configured to encase in proximity the elongate resistive heating element of thermally transmissive, temperature mitigating, and electrically insulative material provided proximate the at least one solar cell” in lines 5-11. It is unclear if “a resistance elongate heating wire” and “a cover segment” recited in claim 18 are the same as or different from “an elongate resistive heating element and an elongate cover segment” recited in claim 7.
Claim 25 depends on claim 22 and recites “a cover segment” in line 5, while claim 22 also recites “a covering segment” in line 6. It is unclear if “a cover segment” recited in claim 25 is the same as or different from “a covering segment” recited in claim 22.
Claim 25 depends on claim 22 and recites the limitation "the elongate heating wire" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the elongate heating wire” recited in claim 25 is the same as or different from “a elongate rope heater having an elongate resistive heating element” recited in lines 5-6 of claim 22.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-7, 10-12, 15-18, 22-30 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen et al. (US Patent 7,718,923) in view of Samson (US 2004/0006839).
Regarding claims 1, 4-5, 7 and 22, Hansen et al. discloses a vehicle sun shade (10, figs. 3-6) comprising:
a sun shade body including at least one panel (see panels 20, figs. 3-4, paragraph bridging cols. 2 and 3) having a light receiving portion (or front surface 30, figs. 3-4, paragraph bridging cols. 2 and 3) configured to be carried beneath a vehicle wind shield (102, fig. 6);
at least one solar cell (36, figs. 3-4, paragraph bridging cols. 2 and 3) provided in the light receiving portion (30) of the sun shade body (or panels 20, see fig. 3); and
a heat source including an elongate heater having an elongate heating element of an elongate rope heater (see heating strips 34, figs. 3-4, paragraph bridging cols. 2 and 3) provided proximate the at least one solar cell (36) traversing the light receiving portion 30, see fig. 3) configured to mitigate condensate occlusion of the at least one solar cell on a vehicle wind shield (see col. 1, line 53 through col. 2, line 24).
Hansen et al. does not explicitly discloses the elongate heating element of an elongate rope heater comprising an elongated resistive heating element and a covering segment of thermally transmissive, temperature mitigating, and electrically insulative material configured to encase in proximity about an outer periphery the elongate resistive heating element as claimed in claim 1, in proximity the elongate resistive heating element as claimed in claim 7, or in close fitting surrounding the elongate resistive heating element as claimed in claim 22.
Samson discloses a heat source (or heating element 42, fig. 6) for wind shield comprising an elongate resistive heating element (see heating wire 45, fig. 6) and an elongate cover segment (see insulated tube or sheath 43) made of insulating material such as polytetrafluoroethylene (PTFE, see fig. 6, [0034]). The sheath tube (43) made of PTFE disclosed Samson corresponds to the claimed elongate cover segment of thermally transmissive, temperature mitigating, and electrically insulative material configured to encase in proximity about an outer periphery the elongate resistive element (45) as claimed in claim 1, in proximity the elongate resistive heating element (45) as claimed in claim 7, and in close fitting surrounding the elongate resistive heating element (45) as claimed in claim 22.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the heating source of Hansen et al. by using a heating source of heating element (42) comprising an elongate resistive heating element of elongate rope heater and an elongate cover segment of PTFE as taught by Samson, because Samson teaches such heating source would have the heating element (or wire), and more specifically wire connections, from corrosion (see [0034]).
Regarding claims 2 and 16, modified Hansen et al. discloses a vehicle sun shade as in claims 1 and 7 above, wherein Hansen et al. discloses the sun shade (10) is a front windshield sun shade (see fig. 6).
Regarding claim 6, modified Hansen et al. discloses a vehicle sun shade as in claim 1 above, wherein Hansen et al. teaches the heater (or heating strips 34) comprises an elongate circuitous heater encompassing a portion of the at least one solar cell (36, see figs. 3-4).
Regarding claim 10, modified Hansen et al. discloses a vehicle sun shade as in claim 1 above, wherein Hansen discloses the sun shade body comprises contiguous folding set of adjacent panels (20, see fig. 3)
Regarding claims 11, 15 and 28, modified Hansen et al. discloses a vehicle sun shade as in claims 1, 7 and 22 above, wherein Hansen et al. discloses the solar cell (36) is provided/affixed atop the light receiving portion (or front surface 30, see figs. 3-4).
Regarding claim 12, modified Hansen et al. discloses a vehicle sun shade as in claim 1 above, wherein Hansen et al. teaches including a reflective layer (see col. 3, lines 23-35), reflective layer is a material configured to block light transmission beneath the light receiving portion of the sun panel.
Regarding claim 17, modified Hansen et al. discloses a vehicle sun shade as in claim 7 above, wherein Hansen et al. teaches the heater/the heat source (or heating strips 34) comprising an elongate circuitous heater encompassing a portion of the at least one solar cell (see figs. 3-4).
Regarding claim 18, modified Hansen et al. discloses a vehicle sun shade as in claim 17 above, wherein Samson discloses the elongate circuitous heater (or heating element 42) comprising a resistance elongate heating wire (45) having an elongate encasement comprising a cover segment (43) of plastic (or PTFE, see claim 7 above).
Regarding claim 23, modified Hansen et al. discloses a vehicle sun shade as in claim 22 above, wherein Hansen et al. teaches a heat source of elongate rope heater (see heating strips 34, figs. 3-4, paragraph bridging cols. 2 and 3) provided proximate the at least one solar cell (36) traversing the light receiving portion (30, see figs. 3-4) configured to mitigate condensate occlusion of the at least one solar cell on a vehicle wind shield (see col. 1, line 53 through col. 2, line 24).
Regarding claim 24, modified Hansen et al. discloses a vehicle sun shade as in claim 23 above, wherein Hansen et al. teaches the elongate rope heater (or heating strips 34, figs. 3-4, paragraph bridging cols. 2 and 3) comprises an elongate circuitous heater encompassing at least a portion of the solar cell (36, see figs. 3-4).
Regarding claim 25, modified Hansen et al. discloses a vehicle sun shade as in claim 24 above, wherein Samson discloses the covering segment (43) circumferentially encompass the elongate heating wire contained within the inner cavity (see fig. 6, [0034] of Samson) and using the covering segment (or sheath tube 43) for protection against corrosion of the wire and the connections (see claim 22 above, or [0034] of Samson).
Modified Hansen et al., or more specifically Samson, does not explicitly show the covering segment provided in contact with the elongate heating wire.
However, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have provided the covering segment to be in contact with the elongate heating wire to ensure the protection against the corrosion, e.g. potentially caused by the air in space between the wire and cover.
Regarding claim 26, modified Hansen et al. discloses a vehicle sun shade as in claim 25 above, wherein Samson the elongate resistive heating element comprises preferably nickel chrome composition wire (see [0034] of Samson), which corresponds to the claimed electrically resistive Nichrome wire.
Regarding claim 27, modified Hansen et al. discloses a sun shade as in claim 25 above, wherein the cover segment comprises a polytetrafluoroethylene (PTFE) cover (see claim 22 above, or [0034] of Samson).
Regarding claim 29, modified Hansen et al. discloses a vehicle sun shade as in claim 22 above, and teaches an array of individual ones of the solar cell (36) are provided atop the light receiving surface of the sun shade (see figs. 3-4).
Regarding claim 30, Hansen et al. discloses a vehicle sun shade as in claim 22 above, and teaches a charge controller (see controller unit 60, figs. 4-5) wired to the solar cell (36) and configured to charge a battery (or rechargeable battery pack, see fig. 5 and paragraph bridging cols. 2-3).
Claim(s) 3, 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over modified Hansen et al. (US Patent 7,718,923) as applied to claims 1 and 7 above, and further in view of Gober (US 2008/0197122) and Yang (US Patent 6,192,966).
Regarding claims 3 and 8, modified Hansen et al. discloses a vehicle sun shade as in claims 1 and 7 above, wherein Hansen et al. disclose the at least one panel (20) comprising a core with radiant heat reflective layer (32, see fig. 3; col. 3, lines 23-35).
Hansen et al. does not teach the at least one panel comprises a core having an elongate groove with a radiant heat reflective layer, wherein the elongate resistive heating element is received in the elongate groove above the radiant heat reflective layer
Gober discloses a panel for a vehicle sun shade comprising a core (22/14/24) comprising an elongated groove to receive the heating element (20) and a radiant heat reflective layer (24, fig. 3), wherein the heating element (20) is received in the elongated groove (see the groove having the heating element 20 in fig. 3) above the radiant heat reflective layer (24, fig. 3, [0023-0028]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the vehicle sun shade of Hansen et al. by forming an elongate groove to receive the elongate resistive heating element above the radiant heat reflective layer as taught by Gober, because Hansen et al. explicitly suggests including a radiant heat reflective layer to reflect sunlight and heat from the interior (see col. 3, lines 23-35 of Hansen et al.), and Gober teaches such arrangement would reflect electromagnetic energy outward (see [0025]).
Modified Hansen et al. does not disclose the core to be a foam core.
Yang teaches a core (10, fig. 7) of a vehicle sun shade to be a foam core (col. 3, lines 33-43) to provide resiliency and such sunshade can be smoothly folded to a reduced volume without creating undesirable cracks that will shorten the usable life of the sunshade (see col. 1, lines 41-44).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the sun shade of modified Hansen et al. by using the panel having a foam core as taught by Yang, because Yang teaches a panel with a foam core would be smoothly folded to a reduced volume without creating undesirable cracks that will shorten the usable life of the sunshade.
Regarding claim 19, modified Hansen et al. discloses a vehicle sun shade as in claim 8 above, wherein Hansen et al. teaches a charge controller (see controller unit 60, fig. 5) and a wiring harness couple (see electrical lead 55, figs. 4-5) to the at least one solar cell (36, fig. 4) and configured to charge a battery (see battery or power supply 65, fig. 5).
Claims 13-14, 20-21, 31-34 are rejected under 35 U.S.C. 103 as being unpatentable over modified Hansen et al. (US Patent 7,718,923) as applied to claims 1, 19 and 30 above, and further in view of Otto (US 2018/0342628).
Regarding claims 13-14, modified Hansen et al. discloses a vehicle sun shade as in claim 1 above, wherein Hansen et al. teaches a charge controller (see controller unit 60) wired to one or more of the at least one solar cell (36) and configured to charge a battery (see fig. 5, paragraph bridging cols. 2 and 3).
Modified Hansen et al. does not explicitly disclose the charge controller responsive to a heater algorithm implemented on the charge controller, nor do they teach including one of a thermal sensor and an occlusion detector configured to a determine need to apply power to the heat source to mitigate occlusion of the one or more solar cell.
Otto discloses a photovoltaic panel having a heat source (or heaters/ wire grid ‘50, figs. 1-2) to prevent occlusion from accumulation in cold weather (see summary), wherein the controller is responsive to a heater algorithm (or executable instruction) implemented on the charge controller (see figs. 3-4, [0017-0018], [0027-0039]) and the panel includes a temperature sensor or an occlusion detector (or sensor 112 or 114 for detecting snow and/or ice or sense temperature) configured to determine need to apply power to the heat source to mitigation occlusion (see summary, [0017-0018] and [0027-0037]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the vehicle sun shade of Hansen et al. by incorporating a temperature sensor and an occlusion detector, and a controller responsive to a heater algorithm to automatically prevent occlusion from the solar cells as taught by Otto; because Hansen et al. teaches preventing build-up and maintaining a clear windshield (see col. 1, lines 12-22; and summary of Hansen et al.) and Otto also teaches preventing occlusion from accumulation to prevent reduction or elimination the power generated from the photovoltaic panel (see [0002], summary, [0017-0018] and [0027-0037]).
Regarding claims 20-21 and 31-32, modified Hansen et al. discloses a vehicle sun shade as in claims 19 and 30 above.
Modified Hansen et al. does not disclose a charging algorithm implemented on processing circuitry and memory of the charge controller configured to charge a battery from the at least one solar cell, or a heater algorithm; nor do they teach including one of a thermal sensor and an occlusion detector configured to a determine need to apply power to the heat source to mitigate occlusion of the at least one solar cell from solar energy.
Otto discloses a photovoltaic panel having a heat source (or heaters/ wire grid ‘50, figs. 1-2) to prevent occlusion from accumulation in cold weather (see summary), wherein the controller is responsive to a heater algorithm (or executable instruction) implemented on the charge controller, a charging algorithm implemented on processing circuitry and memory of the charge controller configured to charge a battery from the at least one solar cell (see figs. 3-4, [0017-0018], [0027-0039]), and the panel includes a temperature sensor or an occlusion detector (or sensor 112 or 114 for detecting snow and/or ice or sense temperature) configured to determine need to apply power to the heat source to mitigation occlusion (see summary, [0017-0018] and [0027-0037]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the vehicle sun shade of Hansen et al. by incorporating a temperature sensor and an occlusion detector, and a controller with a heater algorithm and a charging algorithm on processing circuitry and memory of the controller to automatically prevent occlusion from the solar cells as taught by Otto; because Hansen et al. teaches preventing build-up and maintaining a clear windshield (see col. 1, lines 12-22; and summary of Hansen et al.) and Otto also teaches preventing occlusion from accumulation to prevent reduction or elimination the power generated from the photovoltaic panel (see [0002], summary, [0017-0018] and [0027-0037]).
Regarding claim 33, modified Hansen et al. discloses a vehicle sun shade as in claim 32 above, wherein Hansen et al. discloses the sun shade (10/20) is a front windshield sun shade (see fig. 6).
Regarding claim 34, modified Hansen et al. discloses a vehicle sun shade as in claim 33 above, wherein Hansen et al. teaches the front windshield sun shade comprises fold up contiguous panel segments (20) with a plurality of solar cells provided on light receiving portions of the panel segments (see fig. 3 and cols. 1 and 2).
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
Applicant points to bore (40) of a wiper blade shown in fig. 3, and argues Samson does not teach a central cavity that is in intimate contact or encase an elongate heating element in a close-fitting surround. Applicant then goes on and argues Samson does not teach using the heating element for heating the windshield itself.
The examiner replies that fig. 3 of Samson is not relied upon for teaching a heating element comprising a covering segment encase an elongate resistive heating element. As shown in fig. 6, Samson teaches a heating element comprising an elongate resistive heating element (or heating wire 45) being encased by a sheath (43). A sheath of a wire is typically understood to be in intimate contact, and Samson also draws the wire the same way as drawn by Applicant in fig. 15. That is Applicant does not disclose any intimate contact relationship. Even if the drawing in fig. 15 is construed as intimate contact, then the drawing in fig. 6 of Samson is also construed as intimate contact based on the drawings and description of the heating element. In addition, Samson is not relied upon for teaching the intended used of the heating element, but the configuration of the heating element that comprises an elongate resistive heating element and an elongate cover segment as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH-TRUC TRINH whose telephone number is (571)272-6594. The examiner can normally be reached 9:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at 5712721307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726