DETAILED ACTION
The following Final Office Action is in response to the amendment filed 1/3/2024.
Status of the claims: Claims 1,2 and 4-10 are hereby examined below.
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 1,2 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rockelmann et al DE102021006594.
In regard to claim 1, Rockelmann et al ‘594 disclose a sunshade guide assembly that guides a sunshade to move in an opening and closing direction, comprising: a support member (41, Fig 3) fixed to the sunshade (22, Fig. 5); a slider (64, Fig. 3) fitted and connected (shown in Fig. 4) to the support member (41); a positioning opening (62, Fig. 3) is provided through and completely surrounded by the support member (41), a protrusion (66, Fig. 8) is provided at a position of the slider (64) corresponding to the positioning opening (62), and the protrusion (66) is formed into a shape corresponding to the positioning opening (62), and the protrusion (66) is embedded into the positioning opening (62), so that the support member (41) is fitted and connected to the slider (64), and the protrusion (66) and the positioning opening (62) are configured such that, in a state in which the protrusion (66) is embedded into the positioning opening (62), the relative movement of the support member (41) relative to the slider (64) in the opening and closing direction is restricted.
In regard to claim 2, Rockelmann et al ‘594 disclose the protrusion (66) and the positioning opening (62) are configured such that, in a state in which the protrusion (66) is embedded into the positioning opening (62), the relative movement of the support member (41) relative to the slider (64) in a vehicle width direction is restricted, and the relative movement of the support member (41) relative to the slider (64) in an up and down direction is not restricted.
In regard to claim 4, Rockelmann et al ‘594 disclose in a state in which the protrusion (66) is embedded into the positioning opening (62) from a first side (bottom) of the support member (41), the protrusion (66) protrudes from the positioning opening (62) to a second side (top) of the support member (41).
In regard to claim 5, Rockelmann et al ‘594 disclose the positioning opening (62) is a rectangular hole, the protrusion (66) is in a shape of a long plate corresponding to the rectangular hole, and a long side direction of the positioning opening (62) and the long side direction of the protrusion (66) are consistent with the opening and closing direction.
In regard to claim 6, Rockelmann et al ‘594 disclose one positioning opening (62) and one protrusion (66) are respectively provided.
In regard to claim 7, Rockelmann et al ‘594 disclose a sunroof device, comprising: a pair of sunshade guide assemblies (one on each side); a sunshade (22) , wherein two sides of one end of the sunshade (22) in an opening and closing direction are respectively fixed to each of the support members (41) in the pair of sunshade guide assemblies ;a side pipe (24, Fig. 2) fixed to the one end of the sunshade (22), and each of the sliders (64) in the pair of sunshade guide assemblies is fixedly connected to the side pipe respectively; and a pair of guide rails (34, Fig. 2), wherein each of the sliders (64) in the pair of sunshade guide assemblies is respectively embedded in the pair of guide rails (Fig. 5) , and can slide along the guide rails.
Claims 1,4,5 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al CN 214450205.
In regard to claim 1, Xu et al ‘205 disclose a sunshade guide assembly that guides a sunshade to move in an opening and closing direction, comprising: a support member (5, Fig. 3) fixed to the sunshade (curtain, not shown); a slider (1, Fig. 1) fitted and connected (shown in Fig. 4) to the support member (5); a positioning opening (7, Fig. 3) is provided through and completely surrounded by the support member (5), a protrusion (3, Fig. 4) is provided at a position of the slider (1) corresponding to the positioning opening (7), and the protrusion (2) is formed into a shape corresponding to the positioning opening (7), and the protrusion (3) is embedded into the positioning opening (7), so that the support member (5) is fitted and connected to the slider (1), and the protrusion (2) and the positioning opening (7) are configured such that, in a state in which the protrusion (3) is embedded into the positioning opening (7), the relative movement of the support member (5) relative to the slider (1) in the opening and closing direction is restricted.
In regard to claim 4, Xu et al ‘205 disclose in a state in which the protrusion (3) is embedded into the positioning opening (7) from a first side (top) of the support member (5), the protrusion (2) protrudes from the positioning opening (7) to a second side (bottom) of the support member (5).
In regard to claim 5, Klotz et al ‘538 disclose the positioning opening (7) is a rectangular hole, the protrusion (3) is in a shape of a long plate corresponding to the rectangular hole, and a long side direction of the positioning opening (7) and the long side direction of the protrusion (2) are consistent with the opening and closing direction.
In regard to claim 6, Xu et al ‘205 disclose one positioning opening (7) and one protrusion (2) are respectively provided.
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 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Rockelmann et al DE102021006594.
In regard to claim 8, Rockelmann et al ‘594 fail to disclose wherein the slider has a side pipe connection portion fixedly connected to the side pipe and the protrusion is located opposite from the side pipe connecting portion in the opening and closing direction of the sunshade, and is located on an inner side compared with the guide rail embedding portion in a vehicle width direction. However, Rockelmann et al ‘594 discloses that the support member (41) has a side pipe connection portion (40) fixedly connected to the side pipe (24) and the protrusion (66) is located opposite from the side pipe connecting portion (40) and is located on an inner side compared with the guide rail embedding portion in a vehicle width direction. It would have been obvious to locate the protrusion (66) on the member (41) and the opening (62) within (64). Such would make (41) become the slider with the protrusion and connection portion) and (64) would become the support. Such an arrangement would be a mere reversal of parts and would have been obvious to one having ordinary skill in the art. Reversing the parts would function in the same manner as intended by Rockelmann et al ‘594.
In regard to claim 9, Rockelmann et al ‘594 as modified above discloses the side pipe (26) is provided with an opening facing the opening direction side, and the side pipe connecting portion (40) of the slider extends into the side pipe from the opening and is fixedly connected to the side pipe.
In regard to claim 10 Rockelmann et al ‘594 fails to disclose wherein the side pipe connecting portion is fixedly connected to the side pipe through a screw.
However, the examiner takes Official Notice that it is old and well known to use a screw as a means for connecting two elements and one having ordinary skill in the art would have known to use such for the purpose of a more secure connection.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al CN 214450205 in view of Kobayashi et al US2018/0290525.
In regard to claim 7, Xu et al ‘205 disclose a sunshade (abstract), wherein one side of one end of the sunshade in an opening and closing direction are respectively fixed to a support member (5) in the sunshade guide assembly.
Klotz et al ‘538 fails to disclose a pair of sunshade guide assemblies; a side pipe fixed to the one end of the sunshade, and each of the sliders in the pair of sunshade guide assemblies is fixedly connected to the side pipe respectively; a pair of guide rails, wherein each of the sliders in the pair of sunshade guide assemblies is respectively embedded in the pair of guide rails, and can slide along the guide rails.
Kobayashi et al ‘525 disclose a pair of sunshade guide assemblies (40). (paragraph [0026]); a side pipe (12) fixed to the one end of the sunshade, and each of the sliders (50) in the pair of sunshade guide assemblies is fixedly connected to the side pipe respectively a pair of guide rails (20, paragraph [0026]), wherein each of the sliders (50) in the pair of sunshade guide assemblies is respectively embedded in the pair of guide rails, and can slide along the guide rails.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Xu et al ‘205 to include a pair of guide assemblies connected to a side pipe at one end of the sunshade as taught by Kobayashi et al ‘525 in order to allow for the sunshade to be evenly pulled and guided.
In regard to claim 8, Xu et al ‘205 as modified by Kobayashi et al ‘525 disclose wherein the slider (1, Xu et a ‘205) has a side pipe connection portion (41, as taught by Kobayashi et al ‘535) fixedly connected to the side pipe (12, Kobayashi et al ‘525) and a guide rail embedding portion embedded in one of the guide rails (20, Kobayashi et al ‘525), and the protrusion (2, Xu et al ‘205) is located opposite from the side pipe connecting portion (41, Kobayashi et al ‘535) in the opening and closing direction of the sunshade, and is located on an inner side (right side, Figure 1b) compared with the guide rail embedding portion in a vehicle width direction.
In regard to claim 9, Xu et al ‘205 as modified by Kobayashi et al ‘525 disclose wherein the side pipe (12, Kobayashi et al ‘525) is provided with an opening (12a) facing the opening direction side, and the side pipe connecting portion (41, Kobayashi et al ‘525) of the slider extends into the side pipe from the opening (41a) and is fixedly connected to the side pipe.
In regard to claim 10, Kobayashi et al ‘525 disclose wherein the side pipe connecting portion (41) is fixedly connected to the side pipe (12) through a hook (42x).
Kobayashi et al ’525 fails to disclose wherein the side pipe connecting portion is fixedly connected to the side pipe through a screw.
However, the examiner takes Official Notice that it is old and well known to use a screw as a means for connecting two elements and one having ordinary skill in the art would have known to use such for the purpose of a more secure connection.
Examiner acknowledges applicant’s acceptance of examiner’s Official Notice that it is well known in the art to use a screw for a connecting element. Applicant’s lack of arguments or traversal results in the Official Notice being acknowledged as admitted prior art. Per MPEP 2144.03 [R-1] (C) (emphasis by examiner):
If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate. If the traverse was inadequate, the examiner should include an explanation as to why it was inadequate.
Thus the issues are considered admitted prior art.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. Rockelmann et al ‘594 and XU et al ‘205 teach a sunshade guide assembly providing a positioning opening provided through and completely surrounded by the support member as is now claimed by the applicant.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634