DETAILED ACTION
This action is a first action on the merits. The claims filed on January 18, 2024 have been entered. Claims 1-20 are pending and addressed below.
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 .
Information Disclosure Statement
The information disclosure statement filed on January 18, 2024 has been considered by the Examiner.
Claim Objections
Claim 19 is objected to because of the following informalities: The recitation of “one end of cross bar body” in line 7, should likely be --one end of a cross bar body--. 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.
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Connolly et al., US 2019/0061635 (hereinafter Connolly).
Claim 1: Connolly discloses an attachment structure comprising:
a vehicle body structure (structural portion 115);
a bracket body (body of bracket 350 shown in Fig 6) securable to the vehicle body structure (115) and having an interior facing side (bottom side of bracket 350 which attaches to recess 120) and an exterior facing side (top side of bracket 350);
at least one aperture (opening 353) extending through a thickness of the bracket body (350) (as shown in Fig 6) from the interior facing side (bottom side of 35) to the exterior facing side (top side of 350);
at least one insert (hex bolt 355) received within the at least one aperture (353), wherein the at least one insert (355) extends from a head portion (head/top of bolt 355) on the exterior facing side to a tail portion (threaded portion of bolt 355) on the interior facing side (as shown in Fig 6, par [0023]); and
at least one attachment member (retaining nut 356) securable to the tail portion (threaded portion of 355) to attach the bracket body (350) to the vehicle body structure (recess 120 formed in structural portion 115) (Fig 6, par [0023]).
Claim 2: Connolly discloses wherein the at least one attachment member (356) comprises a nut (retaining nuts 356) (see Fig 3, par [0023]).
Claim 3: Connolly discloses wherein the at least one aperture (353) comprises a first aperture and a second aperture (two apertures are shown on Fig 6), and wherein the at least one insert (hex bolts 355) comprises a first insert received in the first aperture and a second insert received within the second aperture (two hex bolts 355 are shown to be received in two apertures 353 in Fig 6, par [0023]), and wherein the at least one attachment member (retaining nut 356) comprises a first attachment member secured to the tail portion of the first insert and a second attachment member secured to the tail portion of the second insert (two retaining nuts 356 are shown to be attached to the threaded ends of two hex bolts 255 in Fig 6, par [0023]).
Claim 4: Connolly discloses wherein the bracket body (body of bracket 350) includes a recessed area (area surrounding apertures 353 recessed from the top surface of bracket 350) spaced inward from the exterior facing side (top side of bracket 350), wherein the at least one aperture (353) is located within the recessed area (apertures are located in the area recessed from the top of the bracket as shown in Fig 6, par [0023]).
Claim 7: Connolly discloses wherein the vehicle body structure (115) extends along one edge of a glass panel (two-piece glass roof 110A/110B), and wherein the one edge of the glass panel (110A/100B) includes an open notched area (recess 120) within which the bracket body (body of bracket 350) is located, and wherein the vehicle body structure (115) has at least one opening (mounting holes 121) aligned with the at least one aperture (353) (apertures 353 and mounting holes 121 are aligned in Fig 6), and wherein the tail portion (threaded portion of 355) is inserted through the at least one opening (121) to secure the bracket body (350) to the vehicle body structure (115) within the open notched area (120) (as shown in Fig 6, par [0023]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8-12 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connolly in view of McMillian et al., US 2023/0044002 (hereinafter McMillian).
Claim 8: Connolly discloses an assembly comprising:
a vehicle body structure (structural portion 115);
a glass panel (two-piece glass roof 110A/110B) supported by the vehicle body structure (115) (Fig 2, par [0021]);
a first attachment structure (tower 210) positioned adjacent one edge of the glass panel (as shown in Fig 2);
a second attachment structure (tower 210) positioned adjacent an opposite edge of the glass panel (tower 210 located on opposite sides of glass roof 110A/110B as shown in Fig 2; and
wherein the first attachment structure (tower 210) and the second attachment structure (tower 210) each comprise:
a bracket body (body of bracket 350) having an interior facing side (bottom side of bracket body 350) and an exterior facing side (top side of bracket body 350);
at least one aperture (opening 353) extending through a thickness of the bracket body (350) (as shown in Fig 6) from the interior facing side (bottom side of 35) to the exterior facing side (top side of 350);
at least one insert (hex bolt 355) within the at least one aperture (353), wherein the at least one insert (355) extends from a head portion (head/top of bolt 355) on the exterior facing side to a tail portion (threaded portion of bolt 355) on the interior facing side (as shown in Fig 6, par [0023]); and
a vehicle body structure (115) having a at least one opening (mounting holes 121) aligned with the at least one aperture (353) (apertures 353 and mounting holes 121 are aligned in Fig 6), and wherein the tail portion (threaded portion of 355) is inserted through the at least one opening (121); and
at least one attachment member (retaining nut 356) securable to the tail portion (threaded portion of 355) to attach the bracket body (350) to the vehicle body structure (recess 120 formed in structural portion 115) (Fig 6, par [0023]).
Connolly fails to disclose wherein the at least one insert comprises an internal passage open to both the head portion and the tail portion, wherein the internal passage is configured to receive a fastener.
McMillian discloses an insert (bolt 350) comprises internal passage (shown at central passage 374) open to both the head portion (head 356) and the tail portion (sleeve portion 368) (see Fig 25, par, [0176]-[0177]), wherein the internal passage is configured to receive a fastener (internally threaded bolt 350 receives an externally threaded stud 352 for making the connection, see Fig 25, par [0174]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the insert of Connolly with the insert as disclosed by McMillian as the need to fasten two pieces of a vehicle together would have lead one skilled in the art to choose an appropriate insert, such as the bolt as disclosed by McMillian. Therefore, choosing the appropriate insert disclosed by McMillian would merely be a simple substitution of one known element for another and one of ordinary skill in the art would recognized that the results of the substitution would be predictable and result in connecting together two vehicle parts, id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 9: Connolly, as modified by McMillian, discloses wherein the at least one aperture (Connolly, 353) comprises a first aperture and a second aperture (Connolly, two apertures are shown on Fig 6), and wherein the at least one insert (Connolly, hex bolts 355) comprises a first insert received in the first aperture and a second insert received within the second aperture (Connolly, two hex bolts 355 are shown to be received in two apertures 353 in Fig 6, par [0023]), and wherein the at least one attachment member (Connolly, retaining nut 356) comprises a first attachment member secured to the tail portion of the first insert and a second attachment member secured to the tail portion of the second insert (Connolly, two retaining nuts 356 are shown to be attached to the threaded ends of two hex bolts 255 in Fig 6, par [0023]).
Claim 10: Connolly, as modified by McMillian, discloses wherein the first aperture and the second aperture (apertures 352) are the only apertures in the bracket body (350) (bracket body 350 has two apertures 353 as shown in Fig 6).
Claim 11: Connolly, as modified by McMillian, discloses wherein the at least one attachment member (356) comprises a nut (Connolly, retaining nuts 356) (Connolly, see Fig 3, par [0023]).
Claim 12: Connolly, as modified by McMillian, discloses wherein the bracket body (Connolly, body of bracket 350) includes a recessed area (Connolly, area surrounding apertures 353 recessed from the top surface of bracket 350) spaced inward from the exterior facing side (Connolly, top side of bracket 350), wherein the at least one aperture (353) is located within the recessed area (Connolly, apertures are located in the area recessed from the top of the bracket as shown in Fig 6, par [0023]).
Claim 15: Connolly, as modified by McMillian, discloses wherein each edge of the glass panel (110) includes an open notched (recess 120) area within which the bracket body (350) is located (Connolly, bracket 350 is installed in recess 120 located at the edge of the glass panel 110, see Fig 4A, 4B, 6).
Claim 16: Connolly, as modified by McMillian, discloses including a cross bar body (Connolly, cross bars 250) extending over the glass panel (Connolly, 110A/110B) between a first end (end of cross bar 250) attached to the first attachment structure (tower 210) (Connolly, as shown in Fig 1- 2) and a second end (opposite end of 250) attached to the second attachment structure (tower 210) (Connolly, at tower 210 on opposite side of glass 110A/110B see Fig 2-3, par [0021]).
Claim 17: Connolly, as modified by McMillian, discloses including a seal (at seam 110S) positioned between an outer periphery of the bracket body (350) and the vehicle body structure (115) at each of the first attachment structure (210) and the second attachment structure (210) (rubber gasket may be present in the seam, par [0024], seam 110S is located between bracket body 350 and structural portion 115, see Fig 5B).
Claim 18: Connolly discloses a method comprising:
providing a bracket body (body of bracket 350) with a first aperture and a second aperture (two apertures are shown on Fig 6), wherein the bracket body (350) has an interior facing side (bottom side of bracket 350 which attaches to recess 120) and an exterior facing side (top side of bracket 350);
installing a first insert (one of two hex bolts 355) in the first aperture (353) and a second insert (one of two hex bolts 355) in the second aperture (353), wherein each of the first insert (355) and the second insert (355) extends from a head portion (head/top of bolt 355) on the exterior facing side to a tail portion (threaded portion of bolt 355) on the interior facing side (as shown in Fig 6, par [0023]) and wherein each of the first insert and the second insert (hex bolts 355); and
securing a first attachment member (retaining nut 356) to the tail portion (threaded portion) of the first insert (355) and a second attachment member (retaining nut 356) to the tail portion (threaded portion) of the second insert (355) to fix the bracket body (350) to a vehicle body structure (115) along one edge of a glass panel (two-piece glass roof 110A/110B) (as shown in Fig 5B, 6, par [0020]- [0023]).
Connolly fails to discloses each of the first and second inserts comprises an internal passage open to both the head portion and the tail portion.
McMillian discloses an insert (bolt 350) with and internal passage (shown at central passage 374) open to both the head portion (head 356) and the tail portion (sleeve portion 368) (see Fig 25, par [0176]-[0177]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the insert of Connolly with the insert as disclosed by McMillian as the need to fasten two pieces of a vehicle together would have lead one skilled in the art to choose an appropriate insert, such as the bolt as disclosed by McMillian. Therefore, choosing the appropriate insert disclosed by McMillian would merely be a simple substitution of one known element for another and one of ordinary skill in the art would recognized that the results of the substitution would be predictable and result in connecting together two vehicle parts, id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 19: Connolly, in view of McMillian, discloses wherein the bracket body (350) comprises a first bracket body (Connolly, base mounting bracket body 350 located associated with one of the four towers 210) (Connolly, see Fig 2, 3A, 5A, 5B, and 6, par [0023]), and including:
fixing the first bracket body (350) to the vehicle body structure (115) along the one edge of a glass pane (Connolly, 110A/110B);
fixing a second bracket body (Connolly, base mounting bracket body 350 located associated with one of the four towers 210) (Connolly, see Fig 2, 3A, 5A, 5B, and 6, par [0023]), to the vehicle body structure (115) along an opposite edge of the glass panel (110A/110B) (Connolly, towers 210 mounted on opposite sides of glass 110A/110B);
attaching one end of cross bar body (Connolly, cross bars 250) to the first bracket body (Connolly, at tower 210) (see Fig 2-3); and
attaching an opposite end of the cross bar body (Connolly, cross bars 250) to the second bracket body (Connolly, at tower 210 on opposite side of glass 110A/110B see Fig 2-3, par [0021])).
Allowable Subject Matter
Claims 5-6, 13-14, and 20 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.
The following is a statement of reasons for the indication of allowable subject matter: Claims 5-6, 13-14, and 20 contain allowable subject matter over the prior art as discussed above.
Regarding claims 5 and 13, Connolly fails to disclose a cover enclosing the recessed area, wherein the cover is selectively removable to access the at least one insert.
Rak et al., US 5,636,776 discloses cover members 28 form a means for covering the mounting portions 26 when a cross bar is not secured to the slat 12 and 14 (see Fig 1, cl 4, ln 26-38).
A modified of Connolly to include a cover enclosing the enclosing the recessed area that is selectively removable to access the at least one insert would not have been obvious to one of ordinary skill as the inserts of Connolly are located below the glass roof sections 110A/110B and so a removable cover would not have provided access to the inserts.
Regarding claims 6 and 14, Connolly fails to disclose wherein the at least one insert comprises an internal passage open to both the head portion and the tail portion, and wherein the internal passage is configured to receive a fastener to secure a cross bar body to the vehicle body structure.
McMillian further discloses an insert (bolt 350) that comprises internal passage (shown at central passage 374) open to both the head portion (head 356) and the tail portion (sleeve portion 368) (see Fig 25, par, [0176]-[0177]), wherein the internal passage is configured to receive a fastener (internally threaded bolt 350 receives an externally threaded stud 352 for making the connection, see Fig 25, par [0174]).
A modification of the insert of Connolly with the insert of McMillian would disclose at least one insert comprising an internal passage open to both the head portion and the tail portion, and wherein the internal passage is configured to receive a fastener. However, it would not have been obvious to use the internal passage to secure a cross bar body to the vehicle body structure, as the insert of Connolly is disposed below the glass roof sections (110A/110B), so not accessible for installing a cross bar body.
Regarding claim 20, Connolly, in view of McMillian, fails to discloses installing a cover over the first aperture and the second aperture; selectively removing the cover to access the first aperture and second aperture; and installing a first fastener in the internal passage of the first insert and installing a second fastener in the internal passage of the second insert when the cover is removed to secure a cross bar body to the vehicle body structure.
Rak et al., US 5,636,776 discloses cover members 28 form a means for covering the mounting portions 26 when a cross bar is not secured to the slat 12 and 14 (see Fig 1, cl 4, ln 26-38).
A modification of Connolly and McMillian to include a cover enclosing the enclosing the recessed area that is selectively removable to access the at least one insert as disclosed by Rak would not have been obvious to one of ordinary skill as the inserts of Connolly are located below the glass roof sections 110A/110B and so a removable cover would not have provided access to the inserts.
Additionally, although a modification of the insert of Connolly with the insert of McMillian would disclose at least one insert comprising an internal passage open to both the head portion and the tail portion, and wherein the internal passage is configured to receive a fastener, it would not have been obvious to use the internal passage to secure a cross bar body to the vehicle body structure, as the insert of Connolly is disposed below the glass roof sections (110A/110B), so not accessible for installing a cross bar body.
Conclusion
Claims 1-7, 7-12, and 15-19 are rejected. Claims 5-6, 13-14, and 20 are objected to. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676