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 .
DETAILED ACTION
Examiner’s Comments
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
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 24 and 26 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.
In claim 24, there is an inconsistency between the language in the preamble which sets forth that the claim is directed to a subcombination and line 2 reciting a combination in that the upper suige element is formed in the pillar, thereby making the scope of the claim indefinite and unclear. Applicant is required to clarify what subject matter the claim is intended to be drawn to, i.e., combination or subcombination, and to amend the language of the claim to be consistency with this intent. For the purpose of treating the claims based upon prior art, the claims have been treated as subcombination claims. If applicant amends the claims, any indication of allowable subject matter will have to be reevaluated accordingly.
In claim 26, it is unclear if applicant intended for the limitations to be an additional method step such as, for example, “forming the upper guide element in a pillar” thereby further limiting the claim or if applicant is intending to impermissibly directly add only structural limitations which are not tied to the actions described in the method. Clarification is requested.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, US Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-5, 7, 9, 12-13, 15-17, 21-22, and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over WO 148 in view of Bickerstaff.
For claim 1, WO2008/059148 (WO 148) discloses an assembly for a vehicle, the assembly comprising:
an exterior door panel (15) and an interior door panel (15) forming a door body for a back door of the vehicle;
a glass (13) adapted to extend from a top of the door body in a closed configuration and be disposed within the door body in an open configuration,
wherein a lower corner of the glass comprises a lower protruding structure (32) and
an upper corner of the glass comprises an upper protruding structure (31);
an upper guide element (21) adapted to be secured to or formed in a pillar of the vehicle different than the door body and receive the upper protruding structure; and
a lower guide element (22,22b) adapted to be secured to or formed in an interior portion of the door body and receive the lower protruding structure during a vertically downward translation of the lower protruding structure (32),
wherein the lower guide element is vertically spaced apart (FIGS.5-6) from the upper guide element, and wherein the lower guide element includes:
an upper portion that includes a curved guide piece (FIGS.5-6, see the topmost part/section between pieces 22 and 22b),
the curved guide piece (FIGS.5-6) configured to guide the lower protruding structure (32) to a glass guide element,
the curved guide piece guides the lower protruding structure (32) via an inboard translation of the lower protruding structure (see where 32 moves inward in FIG.5) and prior to the vertically downward translation of the lower protruding structure (see where 32 moves vertically downward in FIG.6).
For claim 9, WO 148 further discloses a vehicle, comprising:
a pillar; and the assembly set forth above.
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WO 148 fails to provide the glass in a closed configuration sitting flush with an outer surface of the exterior door panel as newly recited.
Bickerstaff (4575967) teaches a window glass that when in a closed configuration sits flush with an outer surface of an exterior door as seen in FIG.2 thru the use of an actuator 42 including slide 44 and pivoted link (plate) 50.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for use with the assembly of WO 148 an actuator with pivoted link plate as taught by Bickerstaff in order to allow the window to sit flush with the outer surface of the exterior door for to eliminate an external ledge and create a smooth continuation for aesthetics.
For claims 4 and 12, when the lower protruding structure (32) translates vertically upwards through the lower guide element and outboard through the curved guide piece, the upper protruding structure (31) translates vertically upwards through the upper guide element (21).
For claims 5 and 13, the pillar comprises a side portion of an exterior frame structure (FIGS.1-3) coupled to the door body and surrounding the glass or a glass opening.
For claims 7 and 15, in the closed configuration, the glass is adapted engage a seal coupled to the pillar (FIG.7).
For claims 24-25, the upper guide element (21) is formed in the pillar (FIG.7); and
The upper guide element (21) is separate from the exterior door panel (FIGS.5-6).
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WO 148 inherently discloses the method recited in claims 16, 21-22 and 26.
Claims 2-3, 10-11, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO 148 as applied above with respect to claims 1, 9, and 16, respectively, and in view of Tiesler (4783930).
WO 148 discloses the lower guide element comprises a glass guide element disposed below the curved guide piece but fail to allow the glass guide element adapted to receive an edge of the glass as the lower protruding structure translates vertically downwards through the lower guide element.
Tiesler teaches the use and desirability of providing a glass guide element (70,71 at 82) adapted to receive an edge of a window glass (30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for use with the assembly of WO 148 a glass guide element as taught by Tiesler in order to further support and maintain the window glass during movement between the open and closed configurations.
For claims 3, 11, and 20, when at least a portion of the edge of the glass is received in the glass guide element and the upper protruding structure (31) translates vertically downwards and out of a bottom of the upper guide element (21) (as evident from FIG.6) to coincide with a space defined between the vertically spaced apart lower guide element and upper guide element, the door body is free to be opened/closed with respect to the vehicle.
Response to Arguments
Applicant’s arguments with respect to claim(s) as amended have been considered but are moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612