DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 4/192024.
Status of the claims: Claims 1-20 are hereby examined 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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 7 recites “a vehicle”. Examiner presumes this should read – the vehicle--.
Claim 1, line 9 recites “a vehicle”. Examiner presumes this should read – the vehicle --.
Claim 1, line 11 recites “to cover entire vehicle”. Examiner presumes this should read – to cover the entire vehicle –
Claim 7 recites “the motor is in communication with vehicle bus”. Examiner presumes this should read – the motor is in communication with a vehicle bus”.
Claim 13, line 3 recites “keeping the shade component taunt”. Examiner presume this should read – keeping the shade component taut --.
Claim 14 recites “keeping the shade component taunt”. Examiner presume this should read – keeping the shade component taut --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 states that the user may change the opaqueness of the shaft from a first setting to a second setting. It is unclear how this accomplished as it is not described in any detail.
Examiner does not know what changes the opaqueness of the shade.
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 5-19 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 5 recites “the shade component may be removably connected”. It is unclear if the shade component is required to be removably connected or not based on the use of the word “may”.
Claim 8 recites “the shade component can be manually raised”. It is unclear if the shade component is required to be manually raise or not based on the use of the word “can”.
Claim 11 recites “the shade component can be manually raised”. It is unclear if the shade component is required to be manually raise or not based on the use of the word “can”.
Claim 14 recites “the shade component can be manually raised”. It is unclear if the shade component is required to be manually raise or not based on the use of the word “can”.
Claim 14 recites “a track and pulley system” in line 7, “the track and pulley system” in line 9, “a track and pulley system” in line 11 and “each of the track and pulley systems” in line 13. It is unclear how many track and pulley systems applicant is claiming.
Claim 19 recites “the user may change the opaqueness”. It is unclear if the shade component is required to be change the opaqueness based on the use of the word “may”.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
Specification
The disclosure is objected to because of the following informalities: Claim 19 states that the user may change the opaqueness of the shaft from a first setting to a second setting. It is unclear how this accomplished as it is not described in any detail.
Appropriate correction is required.
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.
Claims 1,3-6 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carmona US 2021/0023917.
In regard to claim 1, with reference to Figures 1-4, Carmona ‘917 disclose a motorized windshield shade device that provides a user with a means for blocking sunlight from entering a vehicle through the windshield, the motorized windshield shade device comprising: a shade component (210, Fig 2B); a track (223, Fig. 3A) and pulley (225, Fig. 3D) system; and a motor (221, Fig. 3B); wherein the track and pulley system (223,225) is integrated into a vehicle (100, Fig. 1); wherein the shade component (210) is secured to the track and pulley system (223,225); wherein the shade component (223) can be raised or lowered over a vehicle windshield via the motor (221) communicating with the track and pulley system (223,225); and further wherein the shade component (210) is raised to cover entire vehicle windshield (110, Fig. 2A) to keep vehicle interior cool and prevent UV damage.
In regard to claim 3, Carmona ‘437 discloses wherein the track and pulley system (223,225) is positioned within an A-pillar (130, Fig. 2A) of the vehicle between the vehicle windshield and vehicle’s pillar trim (131). (paragraph [0025])
In regard to claim 4, Carmona ‘437 discloses wherein there is a track and pulley system (223,225) positioned on both sides of the vehicle windshield, integrated within the A-pillar of the vehicle. (paragraph [0029] states that each track 223 acts as a guide for the chains, thus there must be a pulley 225 for each chain 222)
In regard to claim 5, Carmona ‘437 discloses, wherein each of the track and pulley systems (223,225) engage side edges of the shade component (210) and the shade component may be removably connected by a sliding clamp (211) on a plurality of tracks of the track and pulley systems to be raised or lowered by the motor.
In regard to claim 6, Carmona ‘437 discloses wherein in use, the shade component (210) slides up the interior of the vehicle windshield (110) to cover the vehicle windshield completely and is concealed at a base of vehicle dashboard (120), when not in use.
In regard to claim 20, Carmona ‘437 discloses a method of blocking sunlight from entering a vehicle through the vehicle windshield, the method comprising the following steps: providing a motorized windshield shade device comprising a shade component (210, Fig. 2B) that can be raised and lowered; raising the shade component via a track (223, Fig. 3A) and pulley (225, Fig. 3D) system positioned within the A-pillar (130, Fig. 2A) of a vehicle; lowering the shade component as needed; and keeping a vehicle’s interior cool and preventing UV damage via the shade component (paragraph [0002]).
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.
Claims 2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917.
In regard to claim 2, Carmona ‘917 discloses wherein the shade component (210) comprises a front and a rear surface which faces the interior of the vehicle, opposing side edges, and opposing top and bottom edges. Carmona ‘917 fails to disclose that the front surface contacts a vehicle’s interior windshield. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917 to make the front surface of the shade component contact the vehicles interior windshield as such would only require moving the track closer to the windshield. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Making the shade contact the windshield would provide a tight fight for a good aesthetic.
In regard to claim 7, Carmona ‘917 discloses wherein the motor (221) is in communication with a vehicle bus (300, paragraph [0036]) to control functions, such that the vehicle bus (300) sends signals to tell the motor if the vehicle is off or on, and when ignition is turned off, the motor is activated, raising the shade component to cover the vehicle windshield and when the vehicle is turned on, the motor is activated to lower the shade component. (paragraph [0034] Carmona ‘917 fails to disclose that when the ignition is turned on, the motor is activated, raising the shade component to cover the windshield and when the vehicle is turned off, the motor is activated to the lower the shade component.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Carmona ‘917 to raise the shade when the ignition is turned or or lower the shade when the vehicle is turned off, as such would be a mere reversal of the operations as taught by Carmona ‘917. it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. Raising the device when turned on would help block sunlight when driving and lowering would keep the device hidden when not in use.
In regard to claim 8 Carmona ‘917 discloses, the shade component can be manually raised and lowered via a push button (user interface 320). (does not positively recite a push button, only the possibility that it can be raised and lowered with one)
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917 in view of Chen US 2015/0107783.
In regard to claim 9 Carmona ‘917 fail to disclose wherein the motor is powered by the vehicle’s battery. Chen et al ‘783 discloses the motor (77) is powered by the vehicle’s battery (paragraph 0024]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917 to power the motor with the vehicles battery as taught by Chen et al ‘783 for the purpose of minimizing the number of batteries needed.
In regard to claim 10, Carmona ‘917 fail to disclose wherein the motor is powered by a separate battery connected to the motor within the track and pulley system. Chen et al ‘783 discloses the motor (77) is powered by a separate battery connected to the motor (paragraph 0024]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917 to power the motor with the vehicles battery as taught by Chen et al ‘783 for the purpose of allowing the shade to be operable even if the car battery fails.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917 and Chen US 2015/0107783 as applied to claim 9 and further in view of Villarreal US 20200254861.
In regard to claim 11, Carmona ‘917 fails to disclose wherein a user can manually raise and lower the shade component via a smart device, such as a mobile phone, a laptop computer, a tablet computer, a desktop computer, a palm pilot, or a smart watch.
Villarreal ‘861 discloses wherein a user can manually raise and lower the shade component via a smart device (200), such as a mobile phone, a laptop computer, a tablet computer, a desktop computer, a palm pilot, or a smart watch. (paragraph [0050]) It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917 to use a smart device to raise and lower the shade as taught by Villarreal ‘861 for the purpose of increasing the ease of use of the device.
In regard to claim 12, Carmona ‘917 as modified by Villarreal ‘861 discloses a wireless communication module (240, Villarreal ‘861, paragraph [0051]) and additional sensors (114, Fig. 1, paragraph [0033])) which allow the motorized windshield shade device to pair with a mobile application on the smart device (200), to control the motorized windshield shade device via the mobile application and smart device.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917, Chen US 2015/0107783 and Villarreal US 20200254861 as applied to claim 12 and further in view of Zeilbeck DE4041341
In regard to claim 13, Carmona ‘917 discloses the top edge of the shade component ( fails to disclose wherein the top edge of the shade component (210) comprises a rod (240). Carmona ‘917 fails to disclose the rod is flexible which allows the shade component to conform to shape of the windshield, while keeping the shade component taut to prevent sunlight and UV damage in the vehicle.
Zeilbeck ‘341 discloses the rod (13, Fig. 4) is flexible which allows the shade component to conform to shape of the windshield (2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917 to make the rod be flexible as taught by Zeilbeck ‘341 for the purpose of allowing the cloth to adapt to the curvature of a window. (abstract)
Claims 14,18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917 and Zeilbeck DE4041341.
In regard to claim 14, Carmona ‘917 discloses a motorized windshield shade device that provides a user with a means for blocking sunlight from entering a vehicle through the windshield, the motorized windshield shade device comprising: a shade component (210, Fig. 2B) comprising a front surface which faces a vehicle’s interior windshield (110), a rear surface which faces the interior of the vehicle, opposing side edges, and opposing top and bottom edges; a track (223) and pulley (225) system; and a motor (221); wherein the track and pulley system (223,225) is integrated into the A-pillar (130)of the vehicle between the vehicle windshield (110) and vehicle’s pillar trim (131); wherein there is a track and pulley system (223,225) positioned on both sides of the vehicle windshield, integrated within the A-pillar of the vehicle. (paragraph [0029] states that each track 223 acts as a guide for the chains, thus there must be a pulley 225 for each chain 222); wherein the track and pulley systems (223,225) engage the side edge of the shade component (210) and the shade component may be removably connected by a sliding clamp (211) on a plurality of tracks of the track and pulley system (223,225) to be raised or lowered by the motor (221); wherein the top edge of the shade component comprises a rod (240) which allows the shade component to conform to shape of the windshield (110), while keeping the shade component taut to prevent sunlight and UV damage in the vehicle; wherein the shade component (210) is raised to cover entire vehicle windshield (110) to keep vehicle interior cool and prevent UV damage; wherein the shade component (210) is concealed at a base of vehicle dashboard (120), when not in use; wherein the motor (225) is in communication with a vehicle bus (300) to control functions, such that the vehicle bus (300) sends signals to tell the motor (225) if the vehicle is off or on, and when ignition is turned off, the motor is activated, raising the shade component to cover the vehicle windshield and when the vehicle is turned on, the motor is activated to lower the shade component. (paragraph [0034]; wherein the shade component (210) can be manually raised and lowered via a push button (320).
Carmona ‘917 fails to disclose the rod is flexible; and that when the ignition is turned on, the motor is activated, raising the shade component to cover the windshield and when the vehicle is turned off, the motor is activated to the lower the shade component.
Zeilbeck ‘341 discloses the rod (13, Fig. 4) is flexible which allows the shade component to conform to shape of the windshield (2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917 to make the rod be flexible as taught by Zeilbeck ‘341 for the purpose of allowing the cloth to adapt to the curvature of a window. (abstract)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Carmona ‘917 to raise the shade when the ignition is turned or or lower the shade when the vehicle is turned off, as such would be a mere reversal of the operations as taught by Carmona ‘917. it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. Raising the device when turned on would help block sunlight when driving and lowering would keep the device hidden when not in use.
In regard to claim 18, Carmona ‘917 discloses wherein the shade component is tinted (reflective material) to substantially block sunlight from entering into the vehicle from the windshield. (paragraph [0028])
As best understood, in regard to claim 19, Carmona ‘917 discloses wherein a user may change opaqueness of the shade component from a first clear setting to a second black setting. (not positively required, only that a user may do it)
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917, and Zeilbeck DE4041341 as applied to claim 14 and further in view of Sinclair US 2015/0061324.
In regard to claim 15 Carmona ‘917/Zeilbeck ‘341 fail to disclose wherein the shade component comprises a slot which allows access of a rearview mirror mounting arm, allowing the shade component to be raised fully over the vehicle windshield, without contacting the rearview mirror mounting arm.
With reference to Figure 1, Sinclair ‘324 discloses the shade component comprises a slot (124) which allows access of a rearview mirror mounting arm, allowing the shade component to be raised fully over the vehicle windshield, without contacting the rearview mirror mounting arm. (paragraph [0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Carmona ‘917/Zeilbeck ‘341 to include the slot as taught by Sinclair ‘324 for the purpose of allowing the shade to extend pas the mirror for full windshield coverage. (paragraph [0033])
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Carmona US 2021/0023917, and Zeilbeck DE4041341 as applied to claim 14 and further in view of Schlecht et al US 2002/0060470.
In regard to claim 16, Carmona ‘917 fails to disclose wherein the motor has a sensor, which halts clockwise rotation by the motor when the shade component is fully lowered into the dashboard of the windshield and detects proximity of the flexible rod to halt counter clockwise rotation by the motor when the shade component is fully raised up the vehicle windshield.
Schlecht et al ‘470 discloses the motor has a sensor (limit switches, paragraph [0063]), which halts clockwise rotation by the motor when the shade component is fully lowered into the dashboard of the windshield and detects proximity of the flexible rod to halt counter clockwise rotation by the motor when the shade component is fully raised up the vehicle windshield. (paragraphs 0063][0066])
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Carmona ‘917 to include the sensors as taught by Schlect et al ‘470 for the purpose of automatically stopping the device when it is fully wound or extended.
In regard to claim 17, Carmona ‘917 fails to disclose comprising a plurality of indicia. However, Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art. In re Ngai, 367 F.3d 1336, 1339, 70 USPQ2d 1862, 1864 (Fed. Cir. 2004)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634