DETAILED ACTION
Note: This action is NON-FINAL.
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 .
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.
Claims 1-11, 13, 14, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bojanowski et al. (US Patent 9,290,084).
Re claim 1, Bojanowski et al. discloses a system structured to retain a weather seal along a transition portion of a vehicle sunroof assembly, the system comprising a first weather seal retaining structure structured to be positioned between a second weather seal retaining structure extending at least partially along a first side of the sunroof assembly and a third weather seal retaining structure extending at least partially along a second side of the sunroof assembly adjacent the first side. See the annotated figure below.
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Re claim 2, the first retaining structure includes a first retention surface and the second retaining structure includes a first retention surface, and wherein the first retaining structure first retention surface and the second retaining structure first retention surface are structured to be coplanar when the first retaining structure and the second retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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Re claim 3, the first retaining structure includes a second retention surface and the second retaining structure includes a second retention surface, and wherein the first retaining structure second retention surface and the second retaining structure second retention surface are structured to be coplanar when the first retaining structure and the second retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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Re claim 4, the third retaining structure includes a first retention surface, and wherein the first retaining structure first retention surface and the third retaining structure first retention surface are structured to be coplanar when the first retaining structure and the third retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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Re claim 5, the third retaining structure includes a second retention surface, and wherein the first retaining structure second retention surface and the third retaining structure second retention surface are structured to be coplanar when the first retaining structure and the third retaining structure are incorporated into the sunroof assembly.
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Re claim 6, the second retaining structure is supported on a housing structured to extend at least partially along the first side of the sunroof assembly, and wherein the first retaining structure is supported on an inner guide block structured to be positioned adjacent the housing.
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Re claim 7, the third retaining structure is supported on a guide rail structured to extend at least partially along the second side of the sunroof assembly, and wherein the first retaining structure is supported on an outer guide block structured to be positioned adjacent the guide rail.
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Re claim 8, note that the interpretation of the reference has changed for claim 8 and the other claims which depend on claim 8, including claims 9-12. See the annotated figure below which reinterprets claim 1. Another weather seal retaining structure is structured to be positioned between the first weather seal retaining structure and the second weather seal retaining structure when the first retaining structure, the second retaining structure, and the other retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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Re claim 9, the second retaining structure and the other retaining structure are structured to physically contact each other when the other retaining structure and the second retaining structure are incorporated into the sunroof assembly.
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Re claim 10, the first retaining structure includes a first retention surface and the other retaining structure includes a first retention surface, and wherein the first retaining structure first retention surface and the other retaining structure first retention surface are structured to be coplanar when the first retaining structure and the other retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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Re claim 11, the first retaining structure includes a second retention surface and the other retaining structure includes a second retention surface, and wherein the first retaining structure second retention surface and the other retaining structure second retention surface are structured to be coplanar when the first retaining structure and the other retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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Re claim 13, another weather seal retaining structure is structured to be positioned between the first weather seal retaining structure and the third weather seal retaining structure when the first retaining structure, the third retaining structure, and the other retaining structure are incorporated into the sunroof assembly. See the annotated figure
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Re claim 14, the first retaining structure is supported on an inner guide block of the sunroof assembly, the other retaining structure is supported on an outer guide block of the sunroof assembly, and wherein the inner guide block is coupled to the outer guide block so as to secure positions of the inner guide block and outer guide block with respect to each other.
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Re claim 17, the first retaining structure includes a first retention surface and the other retaining structure includes a first retention surface, and wherein the first retaining structure first retention surface and the other retaining structure first retention surface are structured to be coplanar when the first retaining structure and the other retaining structure are incorporated into the sunroof assembly.
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Re claim 18, the first retaining structure includes a second retention surface and the other retaining structure includes a second retention surface, and wherein the first retaining structure second retention surface and the other retaining structure second retention surface are structured to be coplanar when the first retaining structure and the other retaining structure are incorporated into the sunroof assembly. See the annotated figure below.
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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 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bojanowski et al. (US Patent 9,290,084).
Bojanowski et al. discloses all the limitations of the claims, as applied above, except for a gap being formed between the other retaining structure and the third retaining structure when the third retaining structure and the other retaining structure are incorporated into the sunroof assembly, the gap having a dimension in a range of 4 millimeters or less.
The examiner takes Official Notice that small gaps less than 4 millimeters between adjacent parts are old and well known in the art.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a system, such as that disclosed by Bojanowski, to have a gap being formed between the other retaining structure and the third retaining structure when the third retaining structure and the other retaining structure are incorporated into the sunroof assembly, the gap having a dimension in a range of 4 millimeters or less, as is old and well known in the art, with a reasonable expectation of success, in order to provide room between adjacent parts to accommodate manufacturing tolerances. Note that any gap greater than 0 millimeters and below 4 millimeters would satisfy applicant’s claim language.
Claims 12, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bojanowski et al. (US Patent 9,290,084) in view of Busch et al. (German Patent Publication 102021211308A1).
Bojanowski does not disclose each of the other retaining structure, the first, second, and third retaining structures having a “T”-shaped cross-section (5, figure 2).
Busch et al. teaches a retaining structure having a “T”-shaped cross section.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a system, such as that disclosed by Bojanowski, to have each of the other retaining structure, the first, second, and third retaining structures have a “T”-shaped cross-section, as taught by Busch et al., with a reasonable expectation of success, in order to provide a positive manner of locking for a seal supported by the retaining structure (as suggested in Bush et al. in paragraph 15 of the “Description” section in the machine translation of the reference).
Response to Arguments
Applicant’s arguments filed 11/6/2025, with respect to the rejection of claims 1-20 under 35 U.S.C. 102(a)(2) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made as detailed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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/JASON S MORROW/Primary Examiner, Art Unit 3612
February 26, 2026