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 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 1-9 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.
Claim 1 is not clearly understood because the phrase “wherein the vehicle roof and in particular the roof frame assembly” is unclear. Does the claim require the vehicle roof, the roof frame assembly, or both meet the rest of the claim limitation? This phrase is used twice in the claim. Both instances are unclear. The claim has been read as requiring only the vehicle roof frame to meet the claim limitation since claim 9 states the roof frame assembly comprises the at least one environmental structure. Claim 9 would not further limit claim 1 if read the other way.
Claim 1 is not clearly understood because “the roof frame assembly” and “the vehicle environment” lack clear antecedent basis.
Claim 2 is not clearly understood because “the transverse roof rail” lacks a clear antecedent basis.
Claim 3 is not clearly understood because “the transverse roof rail” lacks a clear antecedent basis.
Claim 8 is not clearly understood because it claims “a roof frame assembly”. This can refer to the roof frame assembly of claim 1 or an additional roof frame assembly.
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.
Claims 1-6, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor et al. (US 2020/0101905).
Taylor et al. discloses an autonomous or semi-autonomous motor vehicle (12) comprising a vehicle body (14) and a vehicle roof (18), as shown in Figures 1 and 2 and disclosed in paragraph [0032]. The roof (18) and roof frame assembly (76) are connected to the vehicle body (14) in a detachable manner, as shown in Figures 2 and 3 and disclosed in paragraph [0030]. The vehicle roof (18) and roof frame assembly (76) comprise at least one environmental sensor (22) for electronically detecting the vehicle environment for the purpose of autonomous or driver assisted operation of the vehicle, as shown in Figures 1-4.
In reference to claim 2, a transverse roof rail (26) is provided with pillars attached to the vehicle body in a detachable manner, as shown in Figures 1-4. The term “detachable” is broad enough to read on removal by cutting.
In reference to claim 3, the transverse roof rail (26) forms a header of the motor vehicle, as shown in Figures 1-4.
In reference to claim 4, the roof frame assembly (76) comprises a means for cleaning (60) a sensor see-through area (20) of the environmental sensor (22), as shown in Figure 4 and disclosed in paragraph [0055].
In reference to claim 5, the roof frame assembly (76) comprises a means for cooling and/or heating the environmental sensor (22), as disclosed in paragraphs [0059] and [0060]. Fans (70) provide cooling and nozzle (60) provided heated fluid.
In reference to claim 6, the roof frame assembly (76) is disposed on top of a roll over protection structure connected to the vehicle body in a rigid and non-detachable manner. The roll over protection structure is the underlying roof rails, pillars, and cross members, as shown in Figure 4.
In reference to claim 8, the vehicle roof comprises a roof frame assembly. The roof frame assembly comprises a longitudinal roof rail (16) on either side of a vertical longitudinal center roof plane and at least one transverse roof rail (26), as shown in Figures 2-5.
In reference to clam 9, the roof frame assembly comprises at least one environment sensor (22) when the vehicle is in the fully assembled state, as shown in Figure 1. The use of “comprises” is read broadly to include indirect connection.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor et al. (US 2020/0101905) in view of Jaradi et al. (US 2022/0118933).
Taylor et al. does not disclose the vehicle is a sport utility vehicle.
Jaradi et al. teaches the combination of an environmental sensor and a sport utility vehicle, as shown in Figure 1 and disclosed in paragraphs [0034] and [0067].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the vehicle of Taylor et al. as a sport utility vehicle, as taught by Jaradi et al., with a reasonable expectation for success to provide additional safety and/or autonomous driving to a popular style of vehicle to improve sales.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 February 26, 2026