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 § 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.
Claim(s) 1-6, 9-15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabura et al. (US 2013/0160374 A1) in view of Jing et al. (CN 216300720 U).
Re: claim 1, Kuwabura et al. teaches a quarter window assembly for use on an automobile (Fig. 4) having a door sheet metal (13), said quarter window assembly comprising a fixed glass (12) having a side edge (Annotated Fig. 4 – side edge) and a bottom edge (Annotated Fig. 4 – bottom edge); a guide rail (15) having a groove (Fig. 7 & 8 - 18A, 19A) and a fixing portion (18b) disposed close to the groove (See Fig. 7); a sealing member (Fig. 4 – 14) snapped into the groove (See Fig. 4 & 5) wherein the side edge (Annotated Fig. 4 – side edge) of the fixed glass (12) is fixed on the fixing portion (18b) and abuts against the sealing member (14);.
Kuwabara fails to teach a fixing assembly including a member and a fixing bracket; and wherein the fixing bracket is disposed on the guide rail and is suitable for fixing on the door sheet metal; wherein the member is fixed on the bottom edge of the fixed glass and is suitable for being fixed on the door sheet metal.
However, Jing et al. teaches a fixing assembly including a member (Fig. 3 - 3) and a fixing bracket (402); and wherein the fixing bracket (402) is disposed on the guide rail (4) and is suitable for fixing on the door sheet metal (“In this embodiment, as preferred, the glass guide rail 4 is provided with a mounting bracket connected with the door 1 of 402. and as further improvement, combined with FIG. 2, FIG. 8 and FIG. 9, the mounting bracket 402 is provided with a mounting hole 4021, the door 1 is provided with a mounting hole, the mounting bracket 402 and the door 1 through the mounting hole 4021 and the mounting hole is connected with the connecting piece 9.”); wherein the member (Fig. 3 -3) is fixed (“the corner window frame 3 of the embodiment preferably made of rubber material, triangular glass 2 and corner window frame 3 are preferably integrally injection moulding, the triangular glass 2 and the corner window frame 3, the triangular glass 2 is placed in the corresponding mould, then injecting glue material, to form the angle window frame 3 covered on the two sides of the triangular glass by injection moulding”) on the bottom edge of the fixed glass (2) (See Fig. 3) and is suitable for being fixed on the door (1) sheet metal (Fig. 9 - 104).
Kuwabura et al. and Jing et al. are considered to be analogous to the claimed invention because both are in the same field of vehicle windows. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kuwabura et al.’s apparatus with those of Jing et al.’s fixing assembly in order to provide the advantage of a system that is more secure and less prone to breaking (Additional points of contact for the quarter window will prevent it from bending and shattering).
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Re: claim 2, Kuwabura et al. teaches wherein the sealing member (Fig. 4 – 14) further comprises a first sealing strip (16) and a second sealing strip (17) connected with the first sealing strip (See Fig. 4).
Re: claim 3, Kuwabura et al. teaches wherein materials of the first sealing strip (16) and the second sealing strip (17) are both elastomers (See Paragraph 0056 – Lines 8-10 – Glass run (14) is made of a thermoplastic elastomer).
Re: claim 4, Kuwabura et al. teaches wherein the guide rail (15) is provided with a limiting opening (Fig. 5 - 22), and wherein a snapping block snap-fitted with the limiting opening (Fig. 6 - 23) is disposed at the position of the sealing member corresponding to the limiting opening (Paragraph 0053), and wherein the snapping block limits the movement of the sealing member along a length direction of the guide rail (Paragraph 0054).
Re: claim 5, Kuwabura et al. teaches wherein the guide rail (15) has a supporting section (18) and a sealing section (19), wherein the sealing section (19) is suitable for slidingly mating and sealingly connecting (Paragraph 0059) with a lifting glass (11), wherein the side edge (Annotated Fig. 4 – side edge) of the fixed glass (12) is fixed on the supporting section (18), and wherein the first sealing strip (16) is located on the supporting section (18) and the second sealing strip (17) is located on the sealing section (19).
Re: claim 6, Kuwabura et al. teaches wherein the fixing portion (Fig. 7 - 18b) is a connecting arm disposed on the supporting section (18) and adjacent to the groove (18a), and wherein the side edge (Annotated Fig. 4 – side edge) of the fixed glass (Fig. 7 - 12) is bonded on the connecting arm (See Fig. 7).
Re: claim 9, Kuwabura et al. fails to teach wherein the member and the fixing bracket each are provided with connecting holes for screws to pass through.
However, Jing et al. teaches wherein the member (Fig. 5 - 3) is provided with a connecting hole (104); and the fixing bracket (402) is provided with a connecting hole (4021) for a screw (“The connecting piece 9 is preferably a bolt or a screw“) to pass through. Jing is silent on the connecting hole of the member for screws to pass through.
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). In view of Jing et al., a clamping assembly is used (7) for the mounting hole (104). It would be obvious substitute the clamping assembly for a screw, such as for the fixing bracket (402), for the advantage of providing a threaded connection that would be more securing over a clamp.
Re: claim 10, Kuwabura et al. teaches an automobile (Paragraph 0039 – lines 1-2) comprising: a door sheet metal (13); and a quarter window assembly (Fig. 4) said quarter window assembly comprising: a fixed glass (12) having a side edge (Annotated Fig. 4 – side edge) and a bottom edge (Annotated Fig. 4 – bottom edge); a guide rail (15) having a groove (Fig. 7 & 8 - 18A, 19A) and a fixing portion (18b) disposed close to the groove (See Fig. 7); a sealing member (Fig. 4 – 14) snapped into the groove (See Fig. 4 & 5) wherein the side edge (Annotated Fig. 4 – side edge) of the fixed glass (12) is fixed on the fixing portion (18b) and abuts against the sealing member (14). Kuwabara fails to teach a fixing assembly including a member and a fixing bracket; and wherein the fixing bracket is disposed on the guide rail and is suitable for fixing on the door sheet metal; wherein the member is fixed on the bottom edge of the fixed glass and is suitable for being fixed on the door sheet metal.
However, Jing et al. teaches a fixing assembly including a member (Fig. 3 - 3) and a fixing bracket (402); and wherein the fixing bracket (402) is disposed on the guide rail (4) and is suitable for fixing on the door sheet metal (“In this embodiment, as preferred, the glass guide rail 4 is provided with a mounting bracket connected with the door 1 of 402. and as further improvement, combined with FIG. 2, FIG. 8 and FIG. 9, the mounting bracket 402 is provided with a mounting hole 4021, the door 1 is provided with a mounting hole, the mounting bracket 402 and the door 1 through the mounting hole 4021 and the mounting hole is connected with the connecting piece 9.”); wherein the member (Fig. 3 -3) is fixed (“the corner window frame 3 of the embodiment preferably made of rubber material, triangular glass 2 and corner window frame 3 are preferably integrally injection moulding, the triangular glass 2 and the corner window frame 3, the triangular glass 2 is placed in the corresponding mould, then injecting glue material, to form the angle window frame 3 covered on the two sides of the triangular glass by injection moulding”) on the bottom edge of the fixed glass (2) (See Fig. 3) and is suitable for being fixed on the door (1) sheet metal (Fig. 9 - 104).
Kuwabura et al. and Jing et al. are considered to be analogous to the claimed invention because both are in the same field of vehicle windows. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kuwabura et al.’s apparatus with those of Jing et al.’s fixing assembly in order to provide the advantage of a system that is more secure and less prone to breaking (Additional points of contact for the quarter window will prevent it from bending and shattering).
Re: claim 11, Kuwabura et al. teaches wherein the sealing member (Fig. 4 – 14) further comprises a first sealing strip (16) and a second sealing strip (17) connected with the first sealing strip (See Fig. 4).
Re: claim 12, Kuwabura et al. teaches wherein materials of the first sealing strip (16) and the second sealing strip (17) are both elastomers (See Paragraph 0056 – Lines 8-10 – Glass run (14) is made of a thermoplastic elastomer).
Re: claim 13, Kuwabura et al. teaches wherein the guide rail (15) is provided with a limiting opening (Fig. 5 - 22), and wherein a snapping block snap-fitted with the limiting opening (Fig. 6 - 23) is disposed at the position of the sealing member corresponding to the limiting opening (Paragraph 0053), and wherein the snapping block limits the movement of the sealing member along a length direction of the guide rail (Paragraph 0054).
Re: claim 14, Kuwabura et al. teaches wherein the guide rail (15) has a supporting section (18) and a sealing section (19), wherein the sealing section (19) is suitable for slidingly mating and sealingly connecting (Paragraph 0059) with a lifting glass (11), wherein the side edge (Annotated Fig. 4 – side edge) of the fixed glass (12) is fixed on the supporting section (18), and wherein the first sealing strip (16) is located on the supporting section (18) and the second sealing strip (17) is located on the sealing section (19).
Re: claim 15, Kuwabura et al. teaches wherein the fixing portion (Fig. 7 - 18b) is a connecting arm disposed on the supporting section (18) and adjacent to the groove (18a), and wherein the side edge (Annotated Fig. 4 – side edge) of the fixed glass (Fig. 7 - 12) is bonded on the connecting arm (See Fig. 7).
Re: claim 18, Kuwabura et al. fails to teach wherein the member and the fixing bracket each are provided with connecting holes for screws to pass through.
However, Jing et al. teaches wherein the member (Fig. 5 - 3) is provided with a connecting hole (104); and the fixing bracket (402) is provided with a connecting hole (4021) for a screw (“The connecting piece 9 is preferably a bolt or a screw“) to pass through. Jing is silent on the connecting hole of the member for screws to pass through.
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). In view of Jing et al., a clamping assembly is used (7) for the mounting hole (104). It would be obvious substitute the clamping assembly for a screw, such as for the fixing bracket (402), for the advantage of providing a threaded connection that would be more securing over a clamp.
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabura et al. and Jing et al. in view of Svending et al. (WO 02/058951 A1).
Re: claim 7, Kuwabura et al. teaches wherein the fixed glass (12) is bonded and fixed by adhesive (Paragraph 0058 – Lines 1-4 – “The fixing may be obtained by using an adhesive or fasteners such as screws”). Kuwabara et al. is silent on the adhesive being structural glue. Kuwabura fails to teach a fixing assembly comprising a member; wherein the member is bonded and fixed by adhesive.
However, Jing et al. teaches a fixing assembly comprising a member (Fig. 2 – 3). Jing et al. fails to teach wherein the member is bonded and fixed by adhesive.
However, Svending et al. teaches the use of glue for bonding the glass, car body, and fixture (Page 4 – Lines 16-25).
Kuwabura et al., Jing et al., and Svending et al. are considered to be analogous to the claimed invention because all are in the same field of vehicle windows. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kuwabura et al.’s adhesive and Jing et al.’s member with those of Svending et al.’s glue in order to provide for a more secure and lightweight system (i.e., See Svending et al. Page 4 – Lines 20-25).
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Re: claim 16, Kuwabura et al. teaches wherein the fixed glass (12) is bonded and fixed by adhesive (Paragraph 0058 – Lines 1-4 – “The fixing may be obtained by using an adhesive or fasteners such as screws”). Kuwabara et al. is silent on the adhesive being structural glue. Kuwabura fails to teach a fixing assembly comprising a member; wherein the member is bonded and fixed by adhesive.
However, Jing et al. teaches a fixing assembly comprising a member (Fig. 2 – 3). Jing et al. fails to teach wherein the member is bonded and fixed by adhesive.
However, Svending et al. teaches the use of glue for bonding the glass, car body, and fixture (Page 4 – Lines 16-25).
Kuwabura et al., Jing et al., and Svending et al. are considered to be analogous to the claimed invention because all are in the same field of vehicle windows. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kuwabura et al.’s adhesive and Jing et al.’s member with those of Svending et al.’s glue in order to provide for a more secure and lightweight system (i.e., See Svending et al. Page 4 – Lines 20-25).
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabura et al. and Jing et al. in view of Charge et al. (US 2020/0031213 A1).
Re: claim 8, Kuwabura et al. and Jing et al. are silent on wherein the fixing bracket and the guide rail are fixed by riveting or welding.
However, Charge et al. teaches wherein the fixing bracket (Fig. 2 - 123) and the guide rail (112) are fixed by riveting or welding (Paragraph 0041).
Kuwabura et al., Jing et al., and Charge et al. are considered to be analogous to the claimed invention because all are in the same field of vehicle windows. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kuwabura et al.’s guide rail and Jing et al.’s fixing bracket with those of Charge et al.’s riveting in order to provide for a more secure and lightweight system (i.e., Rivets are vibration-resistant and are meant to be permanent connections).
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Re: claim 17, Kuwabura et al. and Jing et al. are silent on wherein the fixing bracket and the guide rail are fixed by riveting or welding.
However, Charge et al. teaches wherein the fixing bracket (Fig. 2 - 123) and the guide rail (112) are fixed by riveting or welding (Paragraph 0041).
Kuwabura et al., Jing et al., and Charge et al. are considered to be analogous to the claimed invention because all are in the same field of vehicle windows. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kuwabura et al.’s guide rail and Jing et al.’s fixing bracket with those of Charge et al.’s riveting in order to provide for a more secure and lightweight system (i.e., Rivets are vibration-resistant and are meant to be permanent connections).
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Response to Arguments
Applicant’s arguments, filed 06/18/2026, with respect to the rejection(s) of claim(s) 1-18 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kuwabura et al. in view of Jing et al.
Conclusion
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/PHILIP C ADAMS/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612