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 .
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 protrusion formed on an internal surface of the lower portion of the rail opening, as claimed in claim 5, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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.
Claim 5 is 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.
Claim 5 is not clearly understood and is believed to be incorrect because it requires the protrusion to be formed on an internal surface of a lower portion of the rail opening. Figure 8 and paragraph [0055] disclose the protrusion (35) is positioned on the internal surface of the lower portion of the rail opening and forms a connection between the door arm (14) and the bearing (12).
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 1-3, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasukata et al. (US 2014/0327273).
Yasukata et al., in reference to claim 1, discloses a vehicle body integrated upper rail structure (54) provided at an upper side of a door opening portion formed in a vehicle body, as shown in Figures 1-5 and disclosed in paragraph [0036]. The vehicle body integrated upper rail structure (54) comprises a rail portion (51), a pillar connection portion, and a roof rail connection portion, as shown in Figures 1-3. The rail portion (51) includes a rail opening that provides a sliding route for a door (21) and is formed in a longitudinal direction of the vehicle body, as shown in Figures 1-5. The pillar connection portion extends from the rail portion toward a lower side of the vehicle body and connected to a pillar (24), as shown in Figures 1-5. The roof rail connection portion extends from an upper end portion of the rail portion toward a center portion of the vehicle body and connected to a roof rail of the vehicle body, as shown in Figures 1-5.
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In reference to claim 2, a vehicle body connection portion extends from the upper end portion of the rail portion in the longitudinal direction of the vehicle body and connected to the vehicle body, as shown in Figures 1-5.
In reference to claim 3, the pillar includes a B-pillar (24) and a C-pillar (43), as shown in Figure 1. The pillar connection portion includes a B-pillar connection portion extends from a lower end portion of the rail portion toward the lower side of the vehicle body and connected to the B-pillar (24), as shown in Figure 3. A C-pillar connection portion extends from the lower end portion of the rail portion toward the lower side of the vehicle body and connected to the C-pillar (43), as shown in Figure 3.
In reference to claim 6, the roof rail connection portion is formed concave toward the lower side of the vehicle body to be connected to and overlapped with an end portion of the roof rail (16), as shown in Figure 4.
In reference to claim 8, the vehicle body connection portion includes a stepped tunnel portion connected to and overlapping an end portion of the vehicle body, as shown in Figure 3.
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 (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 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yasukata et al. (US 2014/0327273) in view of Asa (US 2019/0047629).
Yasukata et al. does not disclose the connection using blind rivets.
Asa teaches using blind rivets (34) to connect elements of an upper rail structure, as disclosed in paragraphs [0026] and [0027].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the end portion of the roof rail connection portion to the end portion of the roof rail of Yasukata et al. using a blind rivet, as taught by Asa, with a reasonable expectation for success as a temporary joining member before a stronger connection is made to help in assembling parts.
Allowable Subject Matter
Claims 4 and 9-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 January 9, 2026