DETAILED ACTION
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 10/20/2025.
Claims 1, 3-4, and 6-13 are currently pending and have been examined below. Claims 2 and 5 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/20/2025 has been entered.
Drawings
The drawings are objected because:
Figure 2 showing the return spring (see element 7) is objected. Page 10 of the specification and claim 4 discloses the return spring as part of the sliders and figure 2 shows the return spring as part of the cables and not part of the sliders (5 and 6). Additionally, figures 1 and 2 are disclosed as closing off devices according to prior art (see page 12 of the specification).
Figures 1-2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
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 following features must be shown or the feature(s) canceled from the claim(s). If they are shown, they should be provided with reference character discussed in the specification. No new matter should be entered.
Claim 1 - “each shutter comprising two guide tracks configured to cooperate with two fixed pins carried by a frame of said movable panel, or alternatively two fixed pins configured to cooperate with two guide tracks, carried by a frame of said movable panel”. This objection is set forth because it is unclear whether the tracks are referring to the unlabeled slanted tracks in figure 2 or the transverse track 51 in figure 4 and whether the pin is referring to part 23, 33.
Claim 3 - “wherein each shutter comprises a fork cooperating with a pin carried by the corresponding slider”.
Claim 4 - “at least one of said sliders comprises a return spring”. See objection in figure 2 above.
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 Objections
Claims 1, 10-11, and 13 are objected to because:
In line 9 of claim 1, “corresponding rail guide” should read -- corresponding guide rail--.
In line 23 of claim 1, “the plane defined by said movable panel” seems that it should read --a plane defined by said movable panel --. If applicant is referring to the second plane (line 6), this should be amended such that the plane in line 23 is defined by the movable panel. This issue is also present in claim 13.
In line 25 of claim 1, “said at least one sliding position” should read -- said at least one opening position --.
In line 1 of claim 10, “claim 64” seems that it should read --claim 6
In lines 2-3 of claim 10, “a length of the portion of at least one of said cables” should read -- a length of a portion of at least one of said cables --.
In line 2 of claim 11, “the cam’s position” should read --a cam’s position--.
Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Rejections - 35 USC § 102
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.
Claims 1,3, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murasawa et al. (US 10518611) (hereinafter “Murasawa”).
Claims 1 and 13
(Murasawa discloses) “A motor vehicle (vehicle not shown but the invention of Murasawa is directed to a vehicle; lines 56-63 of col. 3) comprising at least one closing off device (1; figures 1-6) wherein each device for closing off an aperture formed in a structure (figures 1-2)” (claim 13);
(Murasawa discloses) “A device (1; figures 1-6) for closing off an aperture formed in a structure (the device in figure 3 is capable of closing off an aperture), comprising:” (claim 1):
a fixed panel (2), in which an opening is defined (2a), and at least one sliding movable panel (3) guided along two guide rails (4U and 4D) mounted on one face of said fixed panel, between a closing-off position (figure 1), closing said opening, in a first plane defined by said fixed panel (see panel 3 coplanar with the fixed panel in figure 6A), called closing-off plane, and at least one opening position (figure 6C showing the panel 3 on a parallel opening plane), in a second plane, called sliding plane, substantially parallel to said closing-off plane (figures 6B-6C),
each of said guide rails carrying at least one shutter (23; figure 5) guided in translation in said corresponding guide rail (figure 6), each shutter comprising two guide tracks (two tracks 30 in figure 6), configured to cooperate with two fixed pins (17R and 17L) carried by a frame (13) of said movable panel (figure 5), or alternatively two fixed pins configured to cooperate with two guide tracks, carried by a frame of said movable panel (this was interpreted as an ‘or’ clause therefore only one of the options is required to be taught by the prior art),
actuation means (5) acting on one of said shutters to ensure a translational movement of said shutters in said guide rails (lines 51-57 of col. 4), and a passage of the movable panel from said closing-off plane into said sliding plane, and vice versa (figure 6; lines 51-57 of col. 4),
two synchronisation cables (10UL, 10DL, 10DR, 10UR; note that the preamble recites the open-ended phrase ‘comprising’ thus the cables were interpreted to be multiple cables) each circulating in one lateral edge of said frame (see each cables circulating a respective edge of the frame 13 in figure 1; note that ‘circulate’ was interpreted as per the definition below) and ensuring a synchronisation of said translational movement of said shutters (lines 10-21 of col. 9; figure 6),
wherein a slider (17R and 17L) is mounted on each shutter and is movable relative to said corresponding shutter (figures 5-6), each slider receiving one end of each of said synchronisation cables (via connection of the slider 17R and 17L to connecting member 22; figure 5; note that ‘receive’ was interpreted as --To acquire or get something--) so as to connect each cable to the shutter (figures 3 and 5), and wherein each slider is slidably guided relative to the corresponding shutter according to an axis substantially perpendicular to an axis of movement of said cables (Annotated figure 6 below), so that movement of said ends of said synchronisation cables is substantially parallel to the plane defined by said movable panel during the translational movement of said shutters ensuring the passage of said movable panel from said closing-off position into said sliding position, and vice versa (figures 6A-6C; lines 10-21 of col. 9) (claims 1 and 13).
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Annotated figure 6
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Source: American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
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Source: Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014
Claim 3
(Murasawa discloses) The closing off device according to claim 1, wherein each slider comprises a fork cooperating with a pin carried by the corresponding shutter, or wherein each shutter comprises a fork (Annotated figure 5 below; note that “fork” was interpreted as shown in the definition below) cooperating with a pin (17R and 17L) carried by the corresponding slider.
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Annotated figure 5
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Source: American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
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 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Murasawa, as applied to claims 1,3, and 13 above, in view of Futamara (JP 2006132255).
Claim 4
(Murasawa discloses) The closing off device according to claim 1, wherein at least one of said sliders (for this claim, the slider was interpreted as parts 17R and 17L, and 22) receives at least one of said synchronisation cables (via 22; figure 5).
Murasawa fails to disclose wherein at least one of said sliders comprises a return spring for controlling a tension of at least one of said synchronisation cables.
(However, Futamara teaches) wherein at least one sliders (61; Futamara figure 7) comprises a return spring (43) for controlling a tension of at least one synchronisation cables (41).
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 slider of Murasawa with the return spring for tensioning the cable as taught by Futamara, with reasonable expectation of success, for keeping the cables taut for enhanced safety and for maintaining precise movement of the movable panel.
Claim 6
(Murasawa, as modified above, discloses) The closing off device according to claim 4, wherein at least one of said sliders comprises a tensioner (61; Futamara figure 7) for setting a position of a hooking point of at least one cable end in said corresponding slider and for controlling a tension of at least one of said synchronization cables (Futamara figure 7; this is taught via the combination above).
Claim 7
(Murasawa, as modified above, discloses) The closing off device according to claim 6, wherein said at least one tensioner receives the end of one of said synchronisation cables (Futamara figure 7) and penetrates into a receiving compartment formed in said slider (see 613; Futamara figure 7; this is taught via the combination above), said tensioner being able to take at least two distinct positions in said receiving compartment, so as to enable setting of the tension of the corresponding cable (intended use; the two positions can be the positions corresponding to the compressed and relaxed positions of the tensioner).
Claim 8
(Murasawa, as modified above, discloses) The closing off device according to claim 7, wherein said tensioner has at least one blocking lug (44; Futamara figure 7) capable of cooperating with said receiving compartment.
Claim 9
(Murasawa, as modified above, discloses) The closing off device according to claim 8, wherein said receiving compartment has at least two blocking teeth (616; Futamara figure 7) capable of cooperating with said at least one blocking lug of said tensioner so that setting of the tension of said synchronisation cable depends on a depth of insertion of the tensioner in said compartment of said slider (Futamara figure 7; this is taught via the combination above).
Claim 10
(Murasawa, as modified above, discloses) The closing off device according to claim 6, wherein said tensioner allows setting a length of the portion of at least one of said cables inside said slider (Futamara figure 7; this is taught via the combination above).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Murasawa in view of Futamara, as applied to claims 4 and 6-10 above, in view of Watanabe et al. (GB 2311326 A) (hereinafter “Watanabe”).
Claim 11
(Murasawa, as modified above, discloses) The closing off device according to claim 10.
Modified Murasawa fails to disclose wherein said tensioner comprises a cam imparting, according to the cam’s position, a variable offset on said cable.
(However, Watanabe teaches) wherein a tensioner (the entire tensioner device in Watanabe figure 4) allows setting a length of a portion of at least one of a cable (length of the cable 7),
wherein said tensioner comprises a cam (29 and 30; Watanabe figures 3-4) imparting, according to the cam’s position, a variable offset on said cable (see the cam imparting an offset to the cable 7 by deflecting the cable on Watanabe figure 3).
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 sliders of modified Murasawa with the tensioner of Watanabe, with a reasonable expectation of success, for adjusting the tension of the cables and keeping them taut such that they are fine-tuned to operate properly. Also, the tensioning device would also take up on the cable slack which prevents damaging the actuating means of Murasawa.
Claim 12
(Murasawa, as modified above, discloses) The closing off device according to claim 11, wherein said cam is secured to a gear wheel (44 of modified Murasawa as shown in Watanabe figure 4) cooperating with at least two blocking lugs (lugs 35) formed in said slider (slider 32 of Watanabe), and corresponding to at least two distinct tension settings (any of the at least two positions of gear 44 along 35; Excerpt 1 from page 7 of Watanabe below).
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Excerpt 1
Response to Arguments
Applicant’s amendments directed to the drawing and abstract have been considered.
Applicant’s amendments directed to the claim objections and 112 rejections were considered.
Applicant's arguments filed on 10/20/2025 have been fully considered. Hereinafter are the responses for the arguments detailed on pages 3-6 of the Remarks section.
Regarding “In MURASAWA, if one considers that elements 21L and 21R are each a slider as claimed and that element 13 is a shutter (figure 5 below), then the slider 21R is not mounted on the shutter 13 as newly claimed” (page 3 of the Remarks section), this is rendered moot as the slider and shutter were re-interpreted as different parts in the rejection above.
Regarding “Also in MURASAWA, each of the sliders 20L, 20R, 21L, 21R does not receive one end of each of the synchronisation cables as claimed. On the contrary, each slider is associated to a unique cable in MURASA WA. This is clearly shown in Figure 3 and described in para. 0041 reproduced below”, note that ‘receive’ was interpreted as --To acquire or get something-- and the claim does not require direct connection between the slider and the cables. It seems that applicant’s amendments are narrower than what the claim requires.
Regarding “In MURASAWA, the «shutter» and the «slider» are slidingly guided along the same axis as the cables. There is no Y-movement possible perpendicular to the axis of movement of the cables, in contrast with the invention as newly claimed in which the slider can slide in the X and Y directions”, this is not persuasive as figure 6 clearly shows a forward-rearward movement of slider which is perpendicular to the movement of the cables.
Regarding “Also, in MURASAWA, the cables extend in the guide rails and not in the edge of the frame as claimed”, the claim requires ‘two synchronisation cables each circulating in one lateral edge of said frame’, which the cables of Murasawa meet as they form a circuit around the edges of the frame.
Regarding “In the invention as newly claimed, it is the shutter that carries the guide tracks. The so called shutter 13 in MURASAWA does not carry any guide track”, this is now moot per the new rejection above.
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.
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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.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634