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 .
Specification
The abstract of the disclosure is objected to because “a first and second support brackets” on line 1 is grammatically incorrect. It is suggested the applicant change “a first and second support brackets” on line 1 to --first and second support brackets-- to avoid confusion. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because the applicant has improperly referred to the same element of the invention with different language. For example, the applicant refers to element “16” as the “four-bar support mechanism” on lines 2-3 of paragraph 43 and as “the rear door opening” on lines 4-5 of paragraph 44.
Appropriate correction is required.
Claim Objections
The claims are objected to because recitations such as “outboard” on line 3 of claim 1 bring the clarity of the claims into question because it is unclear what defines the “outboard” direction. Note that the applicant is only claiming the subcombination of a rear door assembly and not the combination of the rear door assembly and a vehicle/vehicle body.
Recitations such as “to” on line 5 of claim 1 bring the clarity of the claims into question because it is unclear what spatial relationship the applicant is attempting to set forth. How is an element installed “to” a vehicle? It appears that the element would be installed on the vehicle rather than to the vehicle.
Recitations such as “a vehicle outboard direction” on lines 2-3 of claim 3 bring the clarity of the claims into question because it is unclear what defines the “vehicle outboard” direction. Note that the applicant is only claiming the subcombination of a rear door assembly and not the combination of the rear door assembly and a vehicle/vehicle body.
Recitations such as “a rearward end” on line 2 of claim 4 bring the clarity of the claims into question because it is unclear what defines the rearward end to which the applicant is referring. Note that the applicant is only claiming the subcombination of a rear door assembly and not the combination of the rear door assembly and a vehicle/vehicle body.
The claims are objected to because recitations such as “outboard” on line 3 of claim 4 bring the clarity of the claims into question because it is unclear what defines the “outboard” direction. Note that the applicant is only claiming the subcombination of a rear door assembly and not the combination of the rear door assembly and a vehicle/vehicle body.
Recitations such as “to” on line 3 of claim 6 bring the clarity of the claims into question because it is unclear what spatial relationship the applicant is attempting to set forth. How is an element installed “to” a vehicle body structure? It appears that the element would be installed on the vehicle body structure rather than to the vehicle body structure.
The claims are objected to because recitations such as “outboard” on line 3 of claim 8 bring the clarity of the claims into question because it is unclear what defines the “outboard” direction. Note that the applicant is only claiming the subcombination of a rear door assembly and not the combination of the rear door assembly and a vehicle/vehicle body.
The claims are objected to because recitations such as “rearward” on line 5 of claim 9 bring the clarity of the claims into question because it is unclear what defines the “rearward” direction. Note that the applicant is only claiming the subcombination of a rear door assembly and not the combination of the rear door assembly and a vehicle/vehicle body.
Recitations such as “to” on line 5 of claim 12 bring the clarity of the claims into question because it is unclear what spatial relationship the applicant is attempting to set forth. How is an element installed “to” a vehicle body structure? It appears that the element would be installed on the vehicle body structure rather than to the vehicle body structure.
Appropriate correction is required.
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.
Claims 6-17 are 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.
Recitations such as “a vehicle” on line 2 of claim 6 render the claims indefinite because it is unclear if the applicant is referring to the vehicle set forth above or is attempting to set forth another vehicle in addition to the one set forth above.
Recitations such as “the motor” on line 7 of claim 6 render the claims indefinite because it lacks antecedent basis.
Recitations such as “an electric motor” on line 2 of claim 7 render the claims indefinite because it is unclear if the applicant is referring to the motor set forth above or is attempting to set forth another motor in addition to the one set forth above.
Recitations such as “the first end” on lines 1 and 3 of claim 9 render the claims indefinite because they lack antecedent basis. Note that the first arm has first and second ends and the second arm has third and fourth ends.
Recitations such as “the second end” on lines 2-3 and line 5 of claim 9 render the claims indefinite because they lack antecedent basis. Note that the first arm has first and second ends and the second arm has third and fourth ends.
Recitations such as “the arm” on line 12 of claim 11 render the claims indefinite because it is unclear to which one of the plurality of arms set forth above the applicant is referring.
Recitations such as “the closer orientation and the closed orientation” on line 13 of claim 11 render the claims indefinite because it is unclear what the applicant is attempting to set forth. How can the rear door move between the same closed orientation?
Recitations such as “a second support bracket” on line 2 of claim 14 render the claims indefinite because it is unclear if the applicant is referring to the second support bracket set forth above or is attempting to set forth another second support bracket in addition the second one set forth above.
Recitations such as “the first end” on line 2 and 3 of claim 17 render the claims indefinite because they lack antecedent basis. Note that the first arm has first and second ends and the second arm has third and fourth ends.
Recitations such as “the second end” on lines 2-3 and line 5 of claim 17 render the claims indefinite because they lack antecedent basis. Note that the first arm has first and second ends and the second arm has third and fourth ends.
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.
(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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Morioka et al. (US 2023/0134202).
With respect to claim 1, Morioka et al. discloses a rear door assembly comprising:
a first support bracket 30 (figs. 1 and 4) having a vehicle attachment portion 31 (fig. 4), a first support portion (labeled below) and a second support portion (labeled below) located outboard of the first support portion, the first support portion also being located vertically higher than the second support portion when installed to a vehicle as shown in figure 1;
a first arm 230 having a first end (labeled below) and a second end 231 (fig. 4), the first end being attached to the first support portion for pivotal movement about a first rotation axis defined by the first support portion;
a second arm 260 having a third end (labeled below) and a fourth end 279, the third end being attached to the second support portion of the first support bracket 30 for pivotal movement about a second rotation axis defined by the second support portion, the first rotation axis and the second rotation axis extending in directions parallel to one another; and
a second support bracket 50 (fig. 4) having a rear door attachment portion 51, a third support portion 54 and a fourth support portion 55 spaced apart from one another, the second end 231 of the first arm 230 being attached to the third support portion 54 for pivotal movement about a third rotation axis defined by the third support portion 54 and the fourth end 279 of the second arm 260 being attached to the fourth support portion 55 for pivotal movement about a fourth rotation axis.
With respect to claim 2, Morioka et al. discloses that the vehicle attachment portion 31 of the first support bracket 30 includes a generally horizontally oriented section (labeled below).
With respect to claim 3, Morioka et al. discloses that the first support bracket 30 includes an intermediate section (labeled below) that extends in a vehicle outboard direction, i.e., rearwardly, from the generally horizontally oriented section of the vehicle attachment portion.
With respect to claim 4, Morioka et al. discloses that the first support portion is located at a rearward end of the generally horizontally oriented section, as shown in figure 4, and the second support portion extends downward from an outboard end of the intermediate section as shown in figure 4.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakatomi et al. (US 10801243).
Nakatomi et al. discloses a rear door assembly comprising:
a first support bracket 40 (fig. 3) having a vehicle attachment portion (labeled below), a first support portion 50 and a second support portion 54 located outboard of the first support portion as shown in figure 7, the first support portion 50 also being located vertically higher than the second support portion 54, as shown in figures 3 and 7, when installed to a vehicle;
a first arm 36 (fig. 3) having a first end (labeled below) and a second end (labeled below), the first end being attached to the first support portion 50 for pivotal movement about a first rotation axis defined by the first support portion 50;
a second arm 38 having a third end (labeled below) and a fourth end (labeled below), the third end being attached to the second support portion 54 of the first support bracket 40 for pivotal movement about a second rotation axis defined by the second support portion 54, the first rotation axis and the second rotation axis extending in directions parallel to one another; and
a second support bracket 42 having a rear door attachment portion (not shown, but attached to the door 20), a third support portion 68 and a fourth support portion 84 spaced apart from one another, the second end of the first arm 36 being attached to the third support portion 68 for pivotal movement about a third rotation axis defined by the third support portion 68 and the fourth end of the second arm 38 being attached to the fourth support portion 84 for pivotal movement about a fourth rotation axis.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nakatomi et al. (US 10801243), as applied to claim 1 above, and further in view of Kim et al. (US 12104420).
Nakatomi et al. discloses a rear door assembly, but is silent concerning an electric motor.
However, Kim et al. discloses an electric motor 11 with a rotary shaft 14 and a gear 84a, 84b fixed to the rotary shaft 14, the gear 84a, 84b and a portion of the rotary shaft 14 being inserted into a gear 81a, 81b (fig. 8) fixedly attached to a first end of a first arm 81 such that operation of the motor 11 pivots the first arm 81 about a first rotation axis.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Nakatomi et al. with a motor, as taught by Kim et al., with a reasonable expectation of success to enable a user to automatically open and close the door 20. Note that the pivoting motion of the first arm 36 will cause a corresponding pivoting of the second arm 38 and the second support bracket 42.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakatomi et al. (US 10801243), as applied to claim 1 above, and further in view of Kim et al. (US 12104420).
Nakatomi et al. discloses a vehicle body structure (not numbered, but shown in figure 7) of a vehicle 10, the vehicle body structure defining a rear door opening 14 (fig. 7), the first support bracket being 40 rigidly installed to an upper area of a first side of the vehicle body structure adjacent to an upper corner area of the rear door opening 14 as shown in figure 7; and a rear door 20 attached to the rear door attachment portion of the second support bracket 42 such that the rear door 20 pivots between a closed orientation covering the rear door opening 14 as shown in figure 3 and an open orientation fully exposing the rear door opening 14 as shown in figure 7, such that in the closed orientation the rear door 20 is in a vertical orientation and in the open orientation the rear door 20 is in a horizontal orientation with at least half of the rear door being located above a roof portion 16 of the vehicle body structure as shown in figure 2.
Nakatomi et al. is silent concerning a motor.
However, Kim et al. discloses that a motor 11, the operation of which, pivots a closure (not shown, but set forth at the door component on lines 43-44 of column 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Nakatomi et al. with a motor, as taught by Kim et al., with a reasonable expectation of success to enable a user to automatically open and close the door 20.
With respect to claim 7, Nakatomi et al., as modified above, discloses an electric motor 11 with a rotary shaft 14 and a gear 84a, 84b (fig. 8 of Kim et al.) fixed to the rotary shaft 14, the gear 84a, 84b and a portion of the rotary shaft 14 being inserted into a gear 81a, 81b (fig. 8 of Kim et al.) fixedly attached to the first end of the first arm 36 (fig. 2 of Nakatomi et al.) such that operation of the motor 11 pivots the first arm 36 about the first rotation axis and further causing corresponding pivoting motion of the second arm 38 and the second support bracket 42.
With respect to claim 8, Nakatomi et al. further discloses that the first arm 36 has an intermediate section (labeled below) located between the first end and the second end of the first arm 36, the intermediate section curving in an outboard direction (labeled below) from the first end and downward to the second end of the first arm with the rear door 20 in the closed orientation as shown in figure 3 of Nakatomi et al.
With respect to claim 9, Nakatomi et al. further discloses that the second arm 38 has an intermediate section (labeled below) between the first end and the second end of the second arm 38, the intermediate section extending downward, as shown in figure 3, from the first end of the second arm 38, the intermediate section further having a curved section (labeled below) that extends in a rearward direction (labeled below) to the second end of the second arm with the rear door 20 in the closed orientation as shown in figure 3.
wherein the rear door attachment portion of the second support bracket includes a flat section that extends between the third support portion and the fourth support portion of the second support bracket.
With respect to claim 10, Nakatomi et al. further discloses that the rear door attachment portion of the second support bracket 42 includes a flat section (labeled below) that extends between the third support portion 68 and the fourth support portion 84 of the second support bracket 42.
Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakatomi et al. (US 10801243) in view of Kim et al. (US 12104420).
Nakatomi et al. discloses a rear door assembly comprising:
a vehicle body structure (not numbered, but shown in figure 7) defining a rear door opening 14;
a rear door 20 dimensioned and shaped for movement between a closed orientation covering the rear door opening 14 as shown in figure 3 and an open orientation as shown in figure 2 exposing the rear door opening 14;
a support structure having a first support bracket 40 (fig. 3) and a second support bracket 42 (fig. 3) with two arms 36, 38 each being attached at opposite ends thereof to the first support bracket 40 and the second support bracket 42 for pivotal movement with respect thereto, the first support bracket 40 being fixedly attached to the vehicle body structure adjacent to an upper end of the rear door opening 14 as shown in figures 3 and 7, the second support bracket 42 being attached to the rear door 20.
Nakatomi et al. is silent concerning a motor.
However, Kim et al. discloses a motor 11 fixed to a vehicle body structure as set forth on lines 30-35 of column 2, the motor 11 having a shaft 14 that extends into and directly engages an arm 81 (fig. 1) such that rotation of the motor 11 causes pivotal movement of the arm 81 which in turn causes movement of a rear door between a closed orientation and the closed orientation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Nakatomi et al. with a motor, as taught by Kim et al., with a reasonable expectation of success to enable a user to automatically open and close the door 20. Note that the motor of Kim et al. would be attached to the first end (labeled below) of the first arm 36 which fix the motor 11 to a vehicle body structure 16 above one side of the rear door opening 14.
With respect to claim 12, Nakatomi et al. further discloses that the first support bracket 40 has a vehicle attachment portion (labeled below) attached to the vehicle body structure, a first support portion 50 and a second support portion 54 located outboard of the first support portion 50 as shown in figure 7, the first support portion 50 also being located vertically higher than the second support portion 54 when installed to the vehicle body structure as shown in figure 3.
With respect to claim 13, Nakatomi et al. further discloses that the two arms include a first arm 36 having a first end (labeled below) and a second end (labeled below), the first end being attached to the first support portion 50 for pivotal movement about a first rotation axis defined by the first support portion 50, and a second arm 38 having a third end (labeled below) and a fourth end (labeled below), the third end being attached to the second support portion 54 of the first support bracket 40 for pivotal movement about a second rotation axis defined by the second support portion 54, the first rotation axis and the second rotation axis extending in directions parallel to one another.
With respect to claim 14, Nakatomi et al. further discloses that the support structure further includes a second support bracket 42 having a rear door attachment portion (not shown, but comprising the portion of the second support bracket 42 attached to the door 20), a third support portion 68 and a fourth support portion 84 spaced apart from one another, the second end of the first arm 36 being attached to the third support portion 68 for pivotal movement about a third rotation axis defined by the third support portion 68 and the fourth end of the second arm 38 being attached to the fourth support portion 84 for pivotal movement about a fourth rotation axis.
With respect to claim 15, Nakatomi et al. further discloses that the first support bracket 40 includes an intermediate section (labeled below) that extends in a vehicle outboard direction (labeled below) from a generally horizontally oriented section (labeled below) of the vehicle attachment portion, and the first support portion of the first support bracket 40 is located at a rearward end of the generally horizontally oriented section and the second support portion 54 extends downward from an outboard end of the intermediate section.
With respect to claim 16, Nakatomi et al. further discloses that the first arm 36 has an intermediate section (labeled below) located between the first end and the second end of the first arm 36, the intermediate section curving in an outboard direction (labeled below) from the first end and downward to the second end of the first arm 36 with the rear door 20 in the closed orientation as shown in figure 3.
With respect to claim 17, Nakatomi et al. further discloses that the second arm 38 has an intermediate section (labeled below) between the first end and the second end of the second arm 38, the intermediate section extending downward from the first end of the second arm, the intermediate section further having a curved section (labeled below) that extends in a rearward direction (labeled below) to the second end of the second arm 38 with the rear door 20 in the closed orientation as shown in figure 3.
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The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
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.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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