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 .
Claim Objections
Claim 17 is objected to because of the following informalities: The claim is missing a comma after the phrase “claim 16”. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 2 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by FUETTERER et al. (hereinafter FUETTERER, WIPO Publication WO 2005102781).
Regarding claim 1, FUETTERER discloses a pillar garnish assembly for a vehicle (Figure 2), the pillar garnish assembly comprising: a pillar garnish adapted to be provided on a front surface of a pillar of the vehicle (Figure 2 element 2); and a seal adapted to engage with the pillar garnish and including a first seal structure adapted to be arranged between the pillar garnish and the pillar and configured to be engaged with the pillar garnish (Figure 2 element 10), and a second seal (Figure 2 element 8) structure having a hook portion engaged with the first seal structure and defining a gap to receive a portion of the pillar garnish (Figure 2 elements 16 and the right hand portion of element 8), and a seal portion extending at an angle to the hook portion and away from the hook portion (Figure 2 element 17), the seal portion is adapted to seal a space defined between the pillar and a fender of the vehicle. The examiner notes that the claim does not require the seal to be engaged with the pillar garnish, the first seal structure to be arranged and engaged as claimed, the pillar garnish to be in the gap, nor the seal portion to seal the claimed space, merely that the claim structures be adapted to do so. As such any, structure that has all of the positively claimed elements can be considered to adapted to have the claimed functions.
Regarding claim 2, FUETTERER discloses the above pillar garnish assembly wherein the first seal structure includes a first elongated portion adapted to be arranged contacting a rear surface of the pillar garnish (Figure 2 upper right hand portion of element 10), and a second elongated portion arranged at an offset of the first elongated portion defining a step therebetween (Figure 2 lower left hand portion of element 10), wherein the second elongated portion is disposed at a distance from the rear surface of the pillar garnish in an assembly of the pillar garnish and the seal (Figure 2).
Claim(s) 1 and 2 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Kelly (US Patent Number 6103168).
Regarding claim 1, Kelly discloses a pillar garnish assembly for a vehicle (Figure 3), the pillar garnish assembly comprising: a pillar garnish adapted to be provided on a front surface of a pillar of the vehicle (Figure 3 element 36); and a seal adapted to engage with the pillar garnish and including a first seal structure adapted to be arranged between the pillar garnish and the pillar and configured to be engaged with the pillar garnish (Figure 3 element 32), and a second seal (Figure 3 element 34) structure having a hook portion engaged with the first seal structure and defining a gap to receive a portion of the pillar garnish (Figure 3 element 34c), and a seal portion extending at an angle to the hook portion and away from the hook portion (Figure 3 element 34v), the seal portion is adapted to seal a space defined between the pillar and a fender of the vehicle. The examiner notes that the claim does not require the seal to be engaged with the pillar garnish, the first seal structure to be arranged and engaged as claimed, the pillar garnish to be in the gap, nor the seal portion to seal the claimed space, merely that the claim structures be adapted to do so. As such any, structure that has all of the positively claimed elements can be considered to adapted to have the claimed functions.
Regarding claim 2, Kelly discloses the above pillar garnish assembly wherein the first seal structure includes a first elongated portion adapted to be arranged contacting a rear surface of the pillar garnish (Figure 3 lower left hand portion of element 32), and a second elongated portion arranged at an offset of the first elongated portion defining a step therebetween (Figure 3 upper right hand portion of element 32), wherein the second elongated portion is disposed at a distance from the rear surface of the pillar garnish in an assembly of the pillar garnish and the seal (Figure 3).
Allowable Subject Matter
Claims 8-20 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to show alone or in combination the features of a vehicle as claimed comprising a pillar, a fender as claimed, a pillar garnish as claimed and a seal as claimed comprising first and second seal structures as claimed wherein the second seal structure has a hook portion wherein a portion of the pillar garnish extends inside a gap defined by the hook portion as claimed or of a method for forming a pillar assembly as claimed comprising providing the pillar garnish, providing the seal as claimed, increasing the gap of the hook portion as claimed, inserting a portion of the pillar garnish as claimed and displacing the pillar garnish and the seal portion towards the first seal structure to reduce the gap such that the lower portion of the pillar garnish is arranged inside the gap and an upper portion of the pillar garnish is sandwiched between the first seal structure and the second seal structure.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 3-7 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.
Conclusion
The applicant in invited to contact the examiner regarding the current rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
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, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644