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 .
Election/Restrictions
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on November 7, 2025.
Applicant's election with traverse of invention I in the reply filed on November 7, 2025 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. This is not found persuasive because the prior art searched for the apparatus may not be applicable to the method as it is merely recited intended use. The structure provided for securing the apparatus to the vehicle is merely recited as recessed areas and/or openings for receiving the work.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 14 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 13. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim(s) 1-4, 6-8 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kave et al. US 6324948.
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Kave discloses an apparatus (10) for aligning a latch (42) to a striker (36) of a vehicle door (34), the apparatus comprising: a frame configured to be attached to the vehicle door, the frame including: a body (300 and 204) defining an opening (308) configured to receive the striker (36), a first arm (see annotated figure) extending from the body and including a first inner surface (see annotated figure), and a second arm (see annotated figure) extending from the body and including a second inner surface (see annotated figure; and a base (400) coupled to the frame (via 410), the base (400) including: an upper surface (top of 400) defining a recess (404) extending inward from an end, the recess configured to receive a portion of the striker (36, see Fig. 8), wherein the first inner surface, the second inner surface, and the upper surface are configured to align the latch to the striker when the vehicle door is closed (see Figs. 8-9, col. 5, lines 30-67).
As for claim 2, Kave discloses wherein at least a portion of the first inner surface is arcuate, and at least a portion of the second inner surface is arcuate (322, edge of recessed opening 308 is curved thus making the inner surface portions of the first and second arm arcuate).
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As for claim 3, Kave discloses a plurality of removable shims (134), wherein the body (204) defines at least one recess (formed in 133), and each recess is configured to receive one of the removable shims.
As for claim 4, Kave discloses wherein the removable shims (134) are configured to adjust a flushness of the vehicle door (34) with respect to a vehicle body (32).
As for claim 6, Kave discloses wherein the body defines two recesses (formed in spacer 133), the plurality of removable shims (134) include pairs of removable shims, and each pair of removable shims has a same thickness (see Fig. 8).
As for claim 7, Kave discloses wherein the base (400) is removably coupled to the frame (via 410, col. 4, lines 60-62).
As for claim 8, Kave discloses wherein: the body defines at least one channel (hole for fastener 410, not shown); and the base includes at least one guide (fastener, 410), each guide extending from the end and configured to slidingly engage a respective channel (see Fig. 6).
As for claims 13 and 14, Kave discloses wherein the body includes a magnet (324) configured to magnetically couple the latch to the frame.
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.
As for claim 5, Kave discloses and/or teaches wherein each removable shim has a thickness between 0.0mm and 3.0mm inclusive. Kave discloses shims (134) that are adjustable for different size doors, gaps provided) which is commonly known in the art. Furthermore, it would have been obvious to provide shims ranging from any size gap between 0 and 3.0mm as applicant has not stated that such shims provided any additional function other than what a shim is commonly used for (“filling gap space”).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kave et al. US 6324948 in view of Francis US 453,860.
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As for claim 9, Kave discloses a means (410) for securing the base to the frame but does not specify wherein: the body defines a first channel and a second channel; and the base includes: a first guide extending from the end and configured to slidingly engage the first channel, and a second guide extending from the end and configured to slidingly engage the second channel. However, the use of first and second channels and first and second guides for securing to said first and second channels respectively is well know in the art as evidence by Francis. Francis teaches a T-shaped tenon connection (O and P) between two objects (A and B) wherein the connection is provided with a first and second channel (P) and a first and second guide (O). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the apparatus of Kave to include a removable connection means having first and second channels and guides formed on the base and frame as an alternative means of removably coupling the base to the frame.
As for claim 10, the modified Kave teaches wherein the first channel, the second channel, the first guide, and the second guide have T-shaped cross-sections (Francis Fig. 6).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kave et al. US 6324948 in view of Troje US 1236234.
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As for claim 11, Kave discloses a means (410) for removably coupling the base to the frame but does not specify wherein the base is magnetically coupled to the frame. However, the use of magnets for magnetically coupling objects together is well known as evidence by Troje who teaches having two objects (9) provided with magnets (11) for magnetic coupling of the objects to be stacked. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the apparatus of Kave to include a magnetic coupling as taught by Troje as an alternative means of removably coupling the base to the frame.
As for claim 12, the modified Kave teaches wherein: a first magnet (Troje, 11) is embedded in a lower surface of the first arm; a second magnet (Troje, 11) is embedded in a lower surface of the second arm; a third magnet (Troje, 11) is embedded in the upper surface of the base to cooperate with the first magnet; and a fourth magnet (Troje, 11) is embedded in the upper surface of the base to cooperate with the second magnet. Troje teaches wherein the objects can be stacked on top of one another wherein the magnets (11) are provided at two corners thus a total of four magnets provided for two objects to be stacked.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723