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 .
Information Disclosure Statement
The information disclosure statement(s) submitted on 4/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 5/08/2026 have been fully considered but they are drawn towards newly amended claim language.
Applicant contends:
“Buschmann mounting rigid supports onto a sealing membrane does not disclose that the weatherstrip arrangement itself comprises rigid surface element that are mutually connected via a hinge region of the weatherstrip arrangement. The Office Action’s mapping effectively imports external rigid components into the “weatherstrip arrangement”, but the claims require the rigid elements to be elements of the weatherstrip arrangement, not separate supports that happen to contact or be attached to a flexible sealing element. (Remarks of 5/08/2026; page 7)
While Applicant’s points are understood, the Examiner respectfully disagrees.
Buschmann’s paragraphs 0044-0045, Figs. 1a-1b and 3a-3b illustrate sealing element 15 embodied as such a “living hinge” insofar as it is disclosed that “the sealing element comprises extension means 15.2 and folding 15.3 between both flanges 15.4 and 15.5 in order to preferably avoid an elastic deforming of the sealing element 15 through the movement from the rest position into the image acquisition position.
Further, that clamping means 16.2 and support frame 16.1 are rigid elements fixed at a surface of the sealing element 15, wherein elements 16.2 and 16.1 are connected to each other via sealing element 15.
The position of the clamping ring 16.2 may be changed relative to the support frame 16.1 – these surface elements are “moveable” relative to one another as necessitated by the claim.
The Examiner disagrees with the characterization that these elements are not elements of a “weatherstrip arrangement” and are disparate supports that happen to contact or be attached to flexible a sealing element. Together with the sealing element 15, it is the supporting elements 16.1 and 16.2, their relative positioning, and the manner of their shared connection which form a “weatherstrip arrangement” akin to the instant claim language.
See the rejection below for how the cited art in light of new/existing references reads on the newly amended language as well as the examiner’s interpretation of the cited art in view of the presented claim set.
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.
(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.
Claim(s) 1-3, 6-7, 10, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buschmann et al. (US 20150274090 A1) (hereinafter Buschmann).
Regarding claim 1, Buschmann discloses:
A sensor module for being fitted on a roof module and/or on a motor vehicle, [See Buschmann, ¶ 0001 discloses a device with a carrier element at which a camera unit is assembled which serves for acquiring images of the exterior area of a vehicle.] the sensor module having at least one retractable and extendable environment sensor and having a weatherstrip arrangement, [See Buschmann, ¶ 0001, 0017-0018, 0042-0044 discloses at least a gap is intended at the front side between the opening at the front side in the carrier element and the camera unit in order to transfer the camera unit into the image acquisition position. Through this gap the camera unit can extend out of the opening on the front side or can at least perform the image acquisition. Further, that a “sealing element” (particularly in the form of a waterproof protection membrane) is provided in conjunction with the extendable camera (environment sensor).] which forms a separating barrier between a wet area, from which it is possible to drain liquid from the sensor module, and a dry area, [See Buschmann, Fig. 1a, ¶ 0038-0041 discloses a camera unit 12 assembled completely behind an opening 11.1 at a front side of a carrier element 11. It is noted that carrier element 11 is configured as housing 18 and protects the camera unit 12 on the rear side against contaminations. Viewing Fig. 1a, it is clear that the sealing element is provided to form a barrier separating an “exterior” (wet area) from an “interior” of housing 18 (dry area).]
wherein the weatherstrip arrangement has a living hinge, and [See Buschmann, ¶ 0044-0045, Figs. 1a-1b, 3a-3b illustrate a sealing element 15 embodied as a “living hinge”, wherein it is disclosed that the sealing element comprises extension means 15.2 and folding 15.3 between both flanges 15.4 and 15.5 in order to preferably avoid an elastic deforming of the sealing element 15 through the movement from the rest position into the image acquisition position.]
wherein the weatherstrip arrangement comprises at least two surface elements which are rigid and which are connected to each other so as to be flexible and/or moveable via the living hinge. [See Buschmann, Figs. 1a, 1b illustrates surface elements 16.1 and 16.2, observably moveable relative to each other about “at least one” rotation axis defined by drive mechanism (14), which is visually represented by “arch-like guidance line” 12.2.]
Regarding claim 3, Buschmann discloses all the limitations of claim 1.
Buschmann discloses:
wherein the at least two surface elements are moveable relative to each other around at least one rotation axis. [See Buschmann, Figs. 1a, 1b illustrates surface elements 16.1 and 16.2, observably moveable relative to each other about “at least one” rotation axis defined by drive mechanism (14), which is visually represented by “arch-like guidance line” 12.2.]
Regarding claim 6, Buschmann discloses all the limitations of claim 1.
Buschmann discloses:
wherein the sensor module has a sensor housing in which the at least one environment sensor is disposed, at least sections of the sensor housing being coupled and/or connected to the weatherstrip arrangement so as to transmit movement. [See Buschmann, Fig. 1a illustrates a carrier module (11) in which environment sensor (12) is disposed. It is observable that the carrier module 11 is coupled/connected to the sealing element (15), or “weatherstrip”, so as to effectuate movement between drive mechanism 14 and the sealing element.]
Regarding claim 7, Buschmann discloses all the limitations of claim 1.
Buschmann discloses:
wherein the weatherstrip arrangement has at least two side elements which are formed by a textile material and/or by a flexible material and/or by a rubber material. [See Buschmann, ¶ 0048, Fig. 5b discloses that, per FIG. 5b, the bellow-like sealing element 15.8 comprises a particularly rubber-like cover wherein within the cover a longitudinally shifting spring element 15.9 is assembled. This spring element 15.9 sealingly presses the cover to the outer area of the camera unit 12. In the present embodiment from FIG. 5b the sealing element 15.8 is assembled at the carrier element 11 and slides its free edge along at the outer side of the camera unit 12.]
Regarding claim 10, Buschmann discloses all the limitations of claim 1.
Buschmann discloses:
wherein the at least one environment sensor has a lidar sensor and/or a radar sensor and/or a camera sensor and/or a multi-camera sensor and/or an ultrasonic sensor. [See Buschhmann, ¶ 0038-0041 discloses camera unit (12).]
Regarding claim 13, Buschmann discloses all the limitations of claim 1.
Buschmann discloses:
A motor vehicle comprising a sensor module according to claim 1. [See Buschmann, ¶ 0001 discloses a vehicle, and a device with a carrier element at which a camera unit is assembled, which serves for the image acquisition of the exterior area of a vehicle.]
Regarding claim 15, Buschmann discloses all the limitations of claim 1.
Buschmann discloses:
wherein the sensor module has a sensor housing in which the at least one environment sensor is disposed, at least sections of the sensor housing being coupled and/or connected to the weatherstrip arrangement so as to transmit movement in such a manner that the at least one weatherstrip arrangement moves along when the at least one environment sensor is retracted and extended. [See Buschmann, Fig. 1a illustrates a carrier module (11) in which environment sensor (12) is disposed. It is observable that the carrier module 11 is coupled/connected to the sealing element (15), or “weatherstrip”, so as to effectuate movement between drive mechanism 14 and the sealing element.]
Claim Rejections - 35 USC § 103
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 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(s) 5, 8-9, 11-12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buschmann in view of Day et al. (US 20200114836 A1) (hereinafter Day).
Regarding claim 5, Buschmann discloses all the limitations of claim 1.
Buschmann does not appear to explicitly disclose:
wherein the weatherstrip arrangement forms a water pocket which defines the wet area.
However, Day discloses:
wherein the weatherstrip arrangement forms a water pocket which defines the wet area. [See Day, ¶ 0075 discloses an elastically deformable gasket which seals a roof of a vehicle through which surveillance equipment projects. It is noted that sunroof enclosures are typically designed with a gutter trough for water to run along.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Buschmann to add the teachings of Day in order to provide a flexible sealing gasket which does not require a cut-out portion (Day, para. 0042).
Regarding claim 8, Buschmann discloses all the limitations of claim 1.
Day discloses:
wherein the at least two surface elements are connected to the at least two side elements such that they form at least one trough-shaped internal space which defines the wet area. [See Day, ¶ 0075 discloses the form factor and drainage properties of the sunroof 14 and outer frame of the sunroof 14 partly determines the outer dimensions of the elastically deformable gasket 42 of the sealing device 26 and how it seals against the roof of the vehicle 10. Sunroof enclosures are typically designed with a gutter trough for water to run along, and a drain tube sheds water down the vehicle to the ground.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 4.
Regarding claim 9, Buschmann discloses all the limitations of claim 1.
Day discloses:
wherein for draining the liquid entering the wet area, the weatherstrip arrangement has at least one outlet. [See Day, ¶ 0075 discloses sunroof enclosures are typically designed with a gutter trough for water to run along, and a drain tube sheds water down the vehicle to the ground.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 4.
Regarding claim 11, Buschmann discloses:
in which at least one sensor module according to claim 1 is disposed so as to be retractable and extendable, [See Buschmann, ¶ 0001, 0017-0018, 0042-0044 discloses at least a gap is intended at the front side between the opening at the front side in the carrier element and the camera unit in order to transfer the camera unit into the image acquisition position. Through this gap the camera unit can extend out of the opening on the front side or can at least perform the image acquisition. Further, that a “sealing element” (particularly in the form of a waterproof protection membrane) is provided in conjunction with the extendable camera (environment sensor).] the environment sensor being configured so as to be able to send and/or receive electromagnetic signals to detect the vehicle environment. [See Buschmann, ¶ 0006 discloses acquiring images of an environment around the vehicle camera.]
Day discloses:
A roof module for forming a vehicle roof on a motor vehicle, the roof module comprising a panel component, which forms at least sections of a roof skin of the vehicle roof, and the roof module comprising an opening, [See Day, Figs. 2A-2F illustrates a roof module with a panel or “rigid support plate” (40), and an opening or sunroof (14).]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 4.
Regarding claim 12, Buschmann in view of Day discloses all the limitations of claim 11.
Buschmann discloses:
the opening being rectangular, the weatherstrip arrangement being attached to at least two opposite edges of the opening. [See Buschmann, Figs. 1a-1b and 2 illustrate an “opening” 11.1 around which a sealing element (15) is provided.]
Regarding claim 14, Buschmann in view of Day discloses all the limitations of claim 11.
Day discloses:
A motor vehicle comprising at least one roof module according to claim 11. [See Day, Figs. 1a-1b.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 4.
Regarding claim 16, Buschmann in view of Day discloses all the limitations of claim 1.
Buschmann discloses:
wherein the living hinge is formed as a kink. [See Buschmann, Figs. 1b, 3a, 3b illustrate a “kink” formed by sealing element 15 as element 15.3.]
Regarding claim 17, Buschmann in view of Day discloses all the limitations of claim 1.
Buschmann discloses:
wherein the kink defines a rotation axis. [See Buschmann, Figs. 1b illustrates a rotation axis (12.2).]
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK E DEMOSKY whose telephone number is (571)272-8799. The examiner can normally be reached Monday - Friday 7-4 EST.
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, Jamie Atala can be reached at 5712727384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK E DEMOSKY/ Primary Examiner, Art Unit 2486
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