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 .
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 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.
Status of Claims
Below is the Final Action on the Merits for claims 1 – 10.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
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.
Claims 1 – 6 and 8 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tolentino et al. (U. S. Patent Publication 2017/0057464 A1) in view of Satou (U. S. Patent No. 2016/0280187 A1) and Song (U. S. Patent No. 8,966,706 B2).
Regarding Independent Claim 1, Tolentino teaches a wiper blade (wiper blade, Fig. 30) comprising: a frame structure (Fig. 54), comprising a main frame (primary frame, 20 and 120), at least two auxiliary frames (secondary frame, 30 and beams, 130) and multiple sub- frames (tertiary frames, 40/41 and 140), a middle of each auxiliary frame (30 and 130) being respectively rotatably connected two ends of the main frame (20, Fig. 3 and 120, Fig. 54) a middle (tertiary frames, 40/41 and 140; Figs. 3 and 54) of each sub-frame being respectively loosely connected, two ends of each auxiliary frame (secondary frame, 30 and beams, 130), and the sub- frame (tertiary frames, 40/41 and 140) located outmost and each auxiliary frame (secondary frame, 30 and beams, 130) being formed with an inserting hole (37; Fig. 7 and Annotated Fig. 20); a squeegee (wiper strip, 15; Fig. 3), connected to each sub-frame (via claws, 43; Fig. 3) and a decorative cover structure (covers 60 and 70), comprising a main cover (central cover segment, 71), at least two auxiliary covers (secondary cover segments, 72) and at least two sub-covers (tertiary cover segments, 73; Fig. 30), the main cover (71) covering the main frame (20/120), each auxiliary cover (72) covering each auxiliary frame (30/130), each sub-cover covering (73) part of each sub-frame (40/41), and each sub-cover (73) comprising an inserting bar (detent 752 with recess, 751; Fig. 45) protruded therefrom and correspondingly inserted into the inserting hole (Annotated Fig. 20) of each sub-frame (tertiary frames, 40/41 and 140; Paragraph [0132]).
Although Tolentino teaches inserting bars for connection, the reference does not explicitly teach each auxiliary cover comprising an inserting bar protruded therefrom and correspondingly inserted into the inserting hole of each auxiliary frame.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include each auxiliary cover comprising an inserting bar protruded therefrom and correspondingly inserted into the inserting hole of each auxiliary frame, as claimed, since it has been held that mere duplication of the essential working parts of a device involve only routine skill in the art (MPEP 2144.04). This modification would provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Tolentino, as modified, does not teach the inserting bars are respectively a hollow round column comprising a hollow portion therein, an end of each inserting bar comprises an opening communicated to the corresponding hollow portion; wherein while each inserting bar inserts into each round inserting hole, each inserting bar is elastically compressed through each hollow portion and each opening to be tightly inserted into each round inserting hole; wherein the main frame, the auxiliary frames and the sub-frames are non-connected with each other.
Satou, however, teaches wherein the inserting bars (33) are respectively a hollow (round column (Paragraph [0049] – the rib includes a recess, thus hollow), each inserting bar (33) comprises a hollow portion (recess, 34) and an end (end of retaining plate, 35) of each inserting bar (35) comprises an opening communicated to the corresponding hollow portion (34), the free end portion (end of rib, 33) is disposed on an end along a protruding direction (longitudinal direction of each rib, 33 as shown in Fig. 7) of each inserting bar (35), and an opening (formed by u-shaped recess, 34) is defined on the free end portion (Fig. 7 shows the free end with the plug, 35 inserted); wherein while each inserting bar (35) inserts into each round inserting hole (hole formed in channel, 31; Fig. 7) , each inserting bar (35) is elastically compressed through each hollow portion (34) and each opening to be tightly inserted into each round inserting hole (hole formed in channel, 31; Fig. 7 - as shown in Figure 7, the rib, 33 is hollow and inserted into channel, 31 at an arrow location, 36. The retaining plate is further inserted into the rib recess, 34 to connect the lever guide section; Paragraphs [0049] and [0059]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include the inserting bars are respectively a hollow inserting bar, each inserting bar comprises a hollow portion and a free end portion, the free end portion is disposed on an end along a protruding direction of each inserting bar, and an opening is defined on the free end portion, as taught by Satou, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Lastly, Song teaches a wiper blade (Fig. 2) the main frame (62), the auxiliary frames (64) and the sub-frames (66) are non-connected with each other (Figs. 2 and 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include the main frame, the auxiliary frames and the sub-frames are non-connected with each other, as taught by Song, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Regarding Claim 2, Tolentino, as modified, teaches the wiper blade (wiper blade, Fig. 30)
wherein each inserting bar (detent 752 with recess, 751; Fig. 45) is tightly inserted into each inserting hole (Annotated Fig. 20; Paragraph [0132]).
Regarding Claim 3, Tolentino, as modified, teaches the wiper blade of claim 1 as discussed above.
Tolentino does not teach a periphery of the free end portion is protruded with a flange, and the flange of each inserting bar reversely fasten the auxiliary frame and the sub-frame at the inserting hole corresponding thereto.
Satou, however, teaches a periphery of the free end portion is protruded with a flange (plug, 35), and the flange (35) of each inserting bar (33) reversely fasten the auxiliary frame (secondary levers, 12) and the sub-frame (yoke levers, 13) at the inserting hole corresponding thereto (Paragraphs [0048] – [0049]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include each inserting bar comprises a free end portion, a periphery of the free end portion is protruded with a flange, and the flange of each inserting bar reversely fasten the auxiliary frame and the sub-frame at the inserting hole corresponding thereto, as taught by Satou, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Regarding Claim 4, Tolentino, as modified, teaches the wiper blade of claim 1 as discussed above.
Tolentino does not teach wherein each inserting bar is further disposed with a rod plug and each rod plug is correspondingly inserted into the hollow portion of each inserting bar.
Satou, however, teaches each inserting bar (rib, 33) is further disposed with a rod plug (retainer plates, 35), each inserting bar (33) comprises a hollow portion (recess, 34), and each rod plug (35) is correspondingly inserted into the hollow portion of each inserting bar (Fig. 7; Paragraph [0049]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include each inserting bar is further disposed with a rod plug, each inserting bar comprises a hollow portion, and each rod plug is correspondingly inserted into the hollow portion of each inserting bar, as taught by Satou, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Regarding Claim 5, Tolentino, as modified, teaches the wiper blade of claim 1 as discussed above.
Tolentino does not teach wherein each rod plug comprises a plug portion, and the plug portion is correspondingly inserted and plugged into the hollow portion.
Satou, however, teaches wherein each rod plug (35) comprises a plug portion (portion inserted into recess, 34; Paragraph [0049]), and the plug portion is correspondingly inserted and plugged into the hollow portion (34; Paragraph [0049]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include each inserting bar is further disposed with a rod plug, each inserting bar comprises a hollow portion, and each rod plug is correspondingly inserted into the hollow portion of each inserting bar, as taught by Satou, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Regarding Claim 6, Tolentino, as modified, teaches the wiper blade of claim 1 as discussed above.
Tolentino does not teach wherein each rod plug further comprises a cap portion, the plug portion is connected to the cap portion, and the cap portion covers the free end portion of the inserting bar.
Satou, however, teaches wherein each rod plug (35) further comprises a cap portion (the portion outside of recess, 34 and flush with rib, 33; Fig. 8), the plug portion is connected to the cap portion (Fig. 8), and the cap portion covers the free end portion of the inserting bar (33; Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include each rod plug further comprises a cap portion, the plug portion is connected to the cap portion, and the cap portion covers the free end portion of the inserting bar, as taught by Satou, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Regarding Claim 8, Tolentino, as modified, teaches the wiper blade (wiper blade, Fig. 30)
further comprising a plurality of connecting members (pivoting stud, 44; Fig. 21), wherein each of two ends of each auxiliary frame (30) is formed with an elongated hole (37; Fig. 7), the middle of each sub-frame is also formed with an elongated hole (42; Fig. 20), the connecting member (44) is inserted into the elongated hole (37) of the auxiliary frame (30) and the elongated hole (42) of the sub-frame (40), and the connecting member is loosely clamped between the auxiliary frame and the sub-frame (Fig. 52; Paragraph [0109])).
Regarding Claim 9, Tolentino, as modified, teaches the wiper blade (wiper blade, Fig. 30)
wherein each sub-frame (40) is further protruded with a pair of bumps (side walls of 41 at the hole, 42; Fig. 20) located on two opposite sides of the elongated hole (42) of the sub-frame, and the connecting member (44) is blocked to rotate by the pair of bumps (the bottom portion, 47 of the stud, 44 blocks the rotation of the stud when located in its assembled position against sidewalls of 41).
Regarding Claim 10, Tolentino, as modified, teaches the wiper blade (wiper blade, Fig. 30)
wherein a gap (space between sections 73, 72 and 71; Fig. 30) is formed between the main cover (71) and each auxiliary cover (72) and between each auxiliary cover (72) and each sub-cover (73; Fig. 30).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tolentino et al. (U. S. Patent Publication 2017/0057464 A1) in view of Satou (U. S. Patent No. 2016/0280187 A1), Song (U. S. Patent No. 8,966,706 B2) and Yang et al. (U. S. Patent Publication No. 2014/0189974 A1).
Regarding Claim 7, Tolentino, as modified, teaches the wiper blade of claim 1 as discussed above.
Tolentino does not teach each of the main cover, the auxiliary covers and the sub-covers is disposed with at least one pair of ribs comprising a buckling protrusion, the pair of ribs of the main cover is buckled with the main frame respectively by the buckling protrusions thereon, the pair of ribs of the auxiliary cover is buckled with the auxiliary frame respectively by the buckling protrusions thereon, and the pair of ribs of the sub-cover is buckled with the sub-frame respectively by the buckling protrusions thereon.
Yang, however, teaches the cover (40) is disposed with at least one pair of ribs (41; Fig. 5) comprising a buckling protrusion (Fig. 5), the pair of ribs (41) of cover (40) is buckled with the frame (swing arm, 20) respectively by the buckling protrusions thereon (Paragraph [0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include the cover is disposed with at least one pair of ribs comprising a buckling protrusion, the pair of ribs of the cover is buckled with the frame respectively by the buckling protrusions thereon, as taught by Yang, to provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Yang does not explicitly teach, the pair of ribs of the auxiliary cover is buckled with the auxiliary frame respectively by the buckling protrusions thereon, and the pair of ribs of the sub-cover is buckled with the sub-frame respectively by the buckling protrusions, however, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blade of Tolentino to further include the pair of ribs of the auxiliary cover is buckled with the auxiliary frame respectively by the buckling protrusions thereon, and the pair of ribs of the sub-cover is buckled with the sub-frame respectively by the buckling protrusions since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (MPEP 2144.04). This modification would provide a secure connection of the leaver to the cover, thus preventing the cover from dislodging during operation.
Response to Arguments
Applicant's arguments filed November 19, 2025 regarding the rejection of claims 1 – 10 under 35 U.S.C. 103 have been fully considered and they are not persuasive; therefore, the rejection has been maintained.
Applicant argues “neither Tolentino nor Satou discloses or teaches the Applicant's hollow round column 27 to be tightly inserted into the round inserting hole 17/17a.”
Examiner respectfully disagrees. Satou teaches the rib 33, inserted into a hole in the lever, 13 – See Fig. 8 and further the retaining plate, 35, inserted into the recess formed in the rib, 33.
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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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723