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 .
Response to Amendment
The response filed on January 21, 2026 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the direct link is formed as one body as currently amended in independent claims 1 and 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Paragraph [0056], of the Applicant’s original specification, discloses “…the direct link 3440 are referred to as a first direct link point 3440 a and a second direct link point 3440 b…” and Fig. 10 clearly show that the direct link 3440 comprises three elements which are the link 3440, point 3440a and point 3440b and these three elements do not appear like “one body?” Clarification is respectfully requested.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-16 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. The disclosure, as originally filed, does not disclose that the direct link is formed as one body as currently amended in independent claims 1 and 10. Paragraph [0056], of the Applicant’s original specification, discloses “…the direct link 3440 are referred to as a first direct link point 3440 a and a second direct link point 3440 b…” and Fig. 10 clearly show that the direct link 3440 comprises three elements which are the link 3440, point 3440a and point 3440b and these three elements do not appear like “one body?” In fact, the terms “one body” was never disclosed in the original disclosure. Clarification is respectfully requested. In the interest of compact prosecution, the limitations will be interpreted as best understood by the Examiner and similar, if not the same, configuration as the Applicant’s invention.
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 1-16 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.
The terms “one body” in line 10 of claim 1 is a relative term which renders the claim indefinite. The terms “one body” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The actual element or combination of elements to meet the claim limitation is not known. For example, a car, a vehicle, which comprises thousands of elements, if often considered as “one body,” does “one body” simply limits to one element? Clarification is respectfully requested. Same rejection applies to claim 10.
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.
Claim(s) 1-5, 7-10 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akama et al. (JPH0328052A. Akama hereinafter. See previously attached English translation by Google Patents).
With respect to claim 1, Akama discloses a wiper covering system (Figs. 1-7) comprising: a wiper cover (24); and a drive mechanism (Figs. 3 and 4) connected to the wiper cover (via 24c. Fig. 4) and including a link structure (elements from 22b to19a) configured to move the wiper cover,
wherein the drive mechanism includes:
a motor (19);
a gear (25, 26) rotatably and directly coupled to the motor; and
a direct link (23, similar to the Applicant’s definition the direct link including lever 23, base end 23a, long hole 23b and end 22a) directly connecting the gear with a first link (24c) fixed to the wiper cover, wherein one end (at 23a) of the direct link is directly coupled to the gear, and the direct link is formed as one body (Same configuration as the Applicant).
With respect to claim 2, Akama discloses wherein the drive mechanism includes a base (under 19 or surface defined by upper portion of 14. Fig. 3) supporting the link structure.
With respect to claim 3, Akama discloses wherein the gear configured to (capable of) rotate the link structure mounted to the gear; and wherein the motor is configured to (capable of) provide a rotation force to the gear.
With respect to claim 4, Akama discloses the wiper covering system of claim 3, including a motor control unit (wiper switch. Abstract) connected to the motor and configured to control driving of the motor.
With respect to claim 5, Akama discloses wherein the base supports the link structure (Fig. 3), wherein the base includes a seat (surface defined by upper portion of 14) accommodating the motor on the seat, and wherein the seat is provided with a plurality of ribs (zig-zag structure under 12 and 11. Fig. 3) protruding in an inward direction and spaced from each other in a circumferential (outer) direction of the seat, and the motor is supported by the plurality of ribs.
With respect to claim 7, Akama discloses wherein the base includes at least one drain hole (covered by fasteners on left and right of 19. Fig. 3) fluidically-communicating an inside with an outside of the base.
With respect to claim 8, Akama discloses wherein the drive mechanism includes: the direct link is rotatably mounted to the base (under 19 or surface defined by upper portion of 14. Fig. 3), wherein the direct link is configured to (capable of) move the link structure connected to the direct link in upward or downward (Fig 3) by rotation thereof.
With respect to claim 9, Akama discloses wherein the direct link is rotatably connected to a first (upper) end portion of the first link (Fig 4),
wherein the wiper covering system further includes:
an indirect link (22) including a first indirect link point (at 22a) and a second indirect link point (23a) at opposite end portions of the indirect link, the first indirect link point being connected to a second end (lower) portion of the first link, and the second indirect link point rotatably connected to the base; and a distal end link (20b) rotatably (indirectly) coupled to the wiper cover, wherein a connection link (23) connected to the indirect link is rotatably coupled to the distal end link.
With respect to claim 10, Akama discloses a vehicle (Figs 2 and 6) comprising:
a wiper cover (24) configured to be selectively movable between a stored location (solid lines in Fig. 3) inside a hood (11) of the vehicle and a drawn-out location (phantom lines in Fig. 3) on a windshield (12); and
a drive mechanism (Figs. 3 and 4) mounted on a cowl top cover (14) disposed under the hood and connected to the wiper cover via at least two link structures (elements from 22b to 19a) to move the wiper cover,
wherein the drive mechanism includes a base (under 19 or surface defined by upper portion of 14. Fig. 3) supporting the at least two link structures, and wherein the base is fitted into an accommodation portion (area) recessed from a surface of the cowl top cover (t Fig. 3), the accommodation portion being shaped to correspond to a periphery (sides) of the base, and wherein the drive mechanism includes: a motor (19); a gear (25, 26) rotatably and directly coupled to the motor; and a direct link (23, similar to the Applicant’s definition the direct link including lever 23, base end 23a, long hole 23b and end 22a) directly connecting the gear with a first link (24c) fixed to the wiper cover, wherein one end (at 23a) of the direct link is directly coupled to the gear, and the direct link is formed as one body (Same configuration as the Applicant).
With respect to claim 13, Akama discloses wherein the drive mechanism includes at least two bases (top ends of 24c) mounted at each (left and right) end portion of the cowl top cover, each base having the at least two link structures movably coupled to each base, respectively (Figs 2 and 6).
With respect to claim 14, Akama discloses wherein each base is inserted (located) into respective accommodation portion (area) formed on the cowl top cover (the cover supporting or provide a floor to secure the two 19).
With respect to claim 15, Akama discloses wherein a protrusion (22b) protruding from a (bottom) surface of each base is disposed on at least a portion of each base inserted into the accommodation portion (Fig 4).
With respect to claim 16, Akama discloses the vehicle of claim 10, including a control unit (wiper switch) of a drive source configured to (capable of) provide a moving force to the at least two link structures.
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) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akama in view of Shoda et al. (US 2017/0207679. Shoda hereinafter).
With respect to claim 5, Akama discloses wherein the base (Fig. 3) supports the link structure, wherein the base includes a seat (surface defined by upper portion of 14) accommodating the motor on the seat.
Akama fails to disclose wherein the seat is provided with a plurality of ribs protruding in an inward direction and spaced from each other in a circumferential direction of the seat, and the motor is supported by the plurality of ribs.
However, Shoda teaches a wiper motor (Fig. 12) wherein a base (92) includes a seat (housing for the brushless wiper motor) accommodating the motor thereon, wherein the seat is provided with a plurality of ribs (98) protruding in an inward direction and spaced from each other in a circumferential direction of the seat (“…on the same side as the output shaft 46 (lower side in FIG. 12) and on the same side as the gear cover 60 (upper side in FIG. 12) of the cylindrical main body 94 along the circumferential direction of the cylindrical main body 94…” [0104]), and the motor is supported by the plurality of ribs.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a motor seat with a plurality of ribs, as taught by Shoda, to Akama’s motor and housing, in order to reduce manufacturing cost, provide cooling and drainage for rain water ([0104]).
With respect to claim 6, Akama’s system modified by Shoda’s motor and housing, Shoda further teaches wherein at least one of the plurality of ribs includes a heat dissipation fin (cooling fins 98. [0104]).
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akama in view of Caillot (US 2018/0079391).
With respect to claims 11 and 12, Akama discloses the vehicle as in claim 10 except for the vehicle comprising one or more washer fluid nozzles configured to spray a washer fluid to the windshield are mounted on a lower portion of the wiper cover (claim 11) and wherein the one or more washer fluid nozzles are connected to a washer fluid supply hose flowing the washer fluid from a washer fluid supply in the vehicle, and the washer fluid supply hose extends along the wiper cover (claim 12).
However, Caillot teaches a windshield wiper system (Figs. 1-10) for a vehicle comprising one or more washer fluid nozzles (spray opening (22a2 and 22a2′. Figs. 7 and 9) configured to spray a washer fluid to the windshield are mounted on a lower portion of the wiper cover (end cap (22 and 22′) (claim 11) and wherein the one or more washer fluid nozzles are connected to a washer fluid supply hose (supply pipe ([0011]) and channel 22a1. not shown) flowing the washer fluid from a washer fluid supply (windscreen washer fluid supply means. [0054]) in the vehicle, and the washer fluid supply hose extends along the wiper cover (claim 12).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of washer fluid nozzles, as taught by Caillot, to Akama’s wiper system, in order to clean a vehicle windscreen ([0001]).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akama in view of 이강원 (Lee Kang-Won) (KR20050042519. IDS. Kang-Won hereinafter).
With respect to claim 17, Akama discloses a method (Figs 1-7) of operating a vehicle (Figs 2 and 6), the method executable by a control unit (wiper switch), including: receiving a turn-on input of the vehicle;
moving a wiper cover (24) to a stored location (solid lines in Fig. 3) by driving a drive source (power to 19) of the wiper cover based on the operation signal, the wiper cover being configured to (capable of) be selectively movable between the stored location inside a hood (11) of the vehicle and a drawn-out location (phantom lines in Fig. 3) on a windshield (12); and
positioning the wiper cover to the stored location based on determining that communication of an operation signal of a wiper (16) of the vehicle and a washer fluid spray signal of the vehicle to the control unit fails (when the vehicle is out of service or shut off).
Akama fails to disclose receiving an operation signal of a rain sensor of the vehicle.
However, Kang-Won teaches a windshield wiper system (Figs. 1-4) for a vehicle comprising a method executable by the control unit (ECU 18), including: receiving a turn-on input (the engine is turned ON) of the vehicle; receiving an operation signal of a rain sensor of the vehicle (page 3, second and third paragraphs); and moving the wiper cover to the stored location (Fig. 2b) by driving the drive source (motor 26) in response to the operation signal of the rain sensor.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a rain sensor and retractable cover, as taught by Kang-Won, to Akama’s wiper system, in order to detect the rain and clean the windshield as soon as possible (Abstract, line 9-13 and Figs. 1-2b).
With respect to claim 18, Akama’s vehicle modified by Kang-Won’s rain sensor and retractable cover, Kang-Won further teaches the method of claim 17, further including: receiving a turn-off input (the engine is turned OFF) of the vehicle; and moving the wiper cover to the drawn-out location (Fig. 2a. Before starting the flow in flowchart Fig. 3) by driving the drive source based on the turn-off input.
With respect to claim 19, Akama’s vehicle modified by Kang-Won’s rain sensor and retractable cover, Kang-Won further teaches the method of claim 17, further including: maintaining the wiper cover in the drawn-out location and monitoring whether the operation signal of the wiper of the vehicle (Page 2, last 8 lines to page 3, line15 and flowchart Fig. 3) or the washer fluid spray signal of the vehicle is input based on determining that the operation signal of the rain sensor is not detected; positioning the wiper cover to the stored location by driving the drive source based on determining that the operation signal of the wiper or the washer fluid spray signal is detected (via speed of the vehicle and raindrop sensor); and positioning the wiper cover to the drawn-out location by driving the drive source based on determining that the operation signal of the wiper or the washer fluid spray signal detection is stopped (Page 2, last 8 lines to page 3, line15 and flowchart Fig. 3).
With respect to claim 20, Akama’s vehicle modified by Kang-Won’s rain sensor and retractable cover, Kang-Won further teaches the method of claim 19, further including: receiving a turn-off input (the engine is turned OFF) of the vehicle; and positioning the wiper cover in the drawn-out location (Fig. 2a. Before starting the flow in flowchart Fig. 3) based on the turn-off input.
Response to Arguments
The applicant argues that Akama fails to disclose one end of the direct link is directly coupled to the gear, and the direct link is formed as one body as currently amended in the independent claims 1 and 10. The applicant’s argument has been considered but is moot due to the new interpretation of the Akama reference. The direct link is now being interpreted as lever 23, base end 23a, long hole 23b and end 22a (similar to the Applicant’s definition the direct link). Furthermore, the amendments in the independent claims 1 and 10 violate 37 CFR 1.83(a) and 35 U.S.C. 112(a) and 35 U.S.C. 112(b) requirements. See detailed rejection elaborated above.
With respect to claim 17, the Applicant argues that Akama, Shoda, Caillot, Kang, taken individually or combined, fail to teach or suggest inventive features of the presently claimed invention, including positioning the wiper cover to the stored location based on determining that communication of an operation signal of a wiper of the vehicle and a washer fluid spray signal of the vehicle to the control unit fails", as is called for by claim 17. The Examiner respectfully disagrees. The “washer fluid spray signal of the vehicle to the control unit fails” can be considered as when the vehicle is out of service or shut off. Akama discloses, in page 2, second paragraph of the previously attached English translation by Google Patents, “…When the wiper is not in use, the front window wiper 16 is stored in the storage recess 17, and the opening 17a of this storage recess 17 is closed with the wiper cover 24…” Therefore, it is the examiner’s position that Akama discloses the limitation argued by the Applicant.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached on (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHEE-CHONG LEE/Primary Examiner, Art Unit 3752 April 11, 2026
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