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 9, 10, and 15 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.
In claims 9 and 15, applicant claims “the rod member includes a fitting groove”. This appears inconsistent with the specification in paragraph 0062 which states the fitting part includes the fitting groove. For purposes of examination below, the phrase has been treated as “the fixing member includes a fitting groove”.
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, 2, 4, 5, 6, 12, 13, 14, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zaremba et al. (US Patent 11,407,451).
Re claim 1, Zaremba discloses a vehicle comprising: a front roof (82A, figure 7); and a rear roof (82B, figure 7) located rearward of the front roof, wherein a rear end portion of the front roof (126, figure 6) overlaps a front end portion (the portion of 82B including the fasteners 138 in figure 10) of the rear roof in a top-bottom direction, and the rear end portion is located below the front end portion (as shown by the assembly shown in figure 12).
Re claim 2, the rear end portion includes a drain ditch (122, figure 6) that is open upward and extends in a vehicle width direction, and the drain ditch overlaps a front end of the front end portion in the top-bottom direction (as shown in figure 7, the drain ditch overlaps the front end of the front end portion).
Re claim 4, the drain ditch includes a bottom wall (as shown in figure 2), and the bottom wall descends from a center in a vehicle width direction outward in the vehicle width direction (as shown in figure 2, the entire roof is bowed such that it is higher in the middle and descends to the edges).
Re claim 5, each of the front roof and the rear roof includes a first groove (106, figure 6 and 142 figure 8) and extending in a front-rear direction at each of left and right in the vehicle width direction, and the drain ditch is connected to the first groove (as shown in figure 6).
Re claim 6, a fastening member (138, figure 10) fastening the rear end portion and the front end portion, wherein the fastening member is located rearward of the drain ditch.
Re claim 12, at least one of the front roof and the rear roof descends from rear toward front (as shown by figure 2, the front roof descends toward the drains 114).
Re claim 13, the front roof includes a second groove (110, figure 2) extending in a vehicle width direction and a wall portion (the floor of the groove in figure 2) located at a bottom of the second groove and extending in the vehicle width direction.
Re claim 14, the front roof includes a second groove (110, figure 2) extending in a vehicle width direction and a drain hole (114) located at a bottom of the second groove, and a bottom surface of the second groove includes a first surface, a second surface located below the first surface and adjacent to the drain hole, and a third surface connecting the first surface and the second surface to each other (see the annotated figure below).
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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 9, 10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zaremba et al. (US Patent 11,407,451) in view of Sobik (US Patent 8,668,242).
Re claims 9 and 10, Zaremba et al. discloses all the limitations of the claims, as applied above, except for a fixing member attached to at least one of the front roof and the rear roof and extending in a longitudinal direction, the fixing member allowing a rod member to be fixed thereto, wherein the rod member includes a fitting groove extending in the longitudinal direction and allowing the rod member to be fitted therein, a soft cab enclosure that shields a cabin from outside the vehicle, wherein the soft cab enclosure includes the rod member and a curtain attached to the rod member, the rod member is fitted in the fitting groove, and the soft cab enclosure is fixed to the fixing member.
Sobik teaches a fixing member (402, figure 4) attached to a roof and extending in a longitudinal direction, the fixing member allowing a rod member (404) to be fixed thereto, wherein the fixing member includes a fitting groove (the groove of 402) extending in the longitudinal direction and allowing the rod member to be fitted therein, a soft cab enclosure (406, 408) that shields a cabin from outside the vehicle, wherein the soft cab enclosure includes the rod member and a curtain attached to the rod member (as shown in figure 4), the rod member is fitted in the fitting groove, and the soft cab enclosure is fixed to the fixing member (as shown in figure 4).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a vehicle, such as that disclosed by Zaremba et al., to have a fixing member attached to at least one of the front roof and the rear roof and extending in a longitudinal direction, the fixing member allowing a rod member to be fixed thereto, wherein the rod member includes a fitting groove extending in the longitudinal direction and allowing the rod member to be fitted therein, a soft cab enclosure that shields a cabin from outside the vehicle, wherein the soft cab enclosure includes the rod member and a curtain attached to the rod member, the rod member is fitted in the fitting groove, and the soft cab enclosure is fixed to the fixing member, as taught by Sobik, with a reasonable expectation of success, in order to provide rain and cold weather protection for the user of the vehicle.
Re claim 15, Zaremba discloses a vehicle comprising a front roof (82A) and a rear roof (82B) located rearward of the front roof.
Zaremba does not disclose a fixing member attached to at least one of the front roof and the rear roof and extending in a longitudinal direction, the fixing member allowing a rod member to be fixed thereto, wherein the rod member includes a fitting groove extending in the longitudinal direction and allowing the rod member to be fitted therein.
Sobik teaches a fixing member (402, figure 4) attached to at least one of the front roof and the rear roof and extending in a longitudinal direction, the fixing member allowing a rod member (404) to be fixed thereto, wherein the fixing member includes a fitting groove (the fitting groove of 402 in figure 404 fits) extending in the longitudinal direction and allowing the rod member to be fitted therein.
It would have been obvious to one of ordinary skill in the art of the art before the earliest effective filing date of the claimed invention to modify a vehicle, such as that disclosed by Zaremba, to include a fixing member attached to at least one of the front roof and the rear roof and extending in a longitudinal direction, the fixing member allowing a rod member to be fixed thereto, wherein the rod member includes a fitting groove extending in the longitudinal direction and allowing the rod member to be fitted therein, as taught by Sobik, with a reasonable expectation of success, in order to provide rain and cold weather protection for the user of the vehicle.
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zaremba et al. (US Patent 11,407,451) in view of Stadnyk (US Patent Application Publication 2021/0023985).
Zaremba et al. discloses all the limitations of the claim, as applied above, except for an antenna attached to an upper surface of the front roof.
Stadnyk teaches an antenna (13, figure 3A) attached to an upper surface of a roof (12, figure 2).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a vehicle roof, such as that disclosed by Zaremba et al., to have an antenna attached to an upper surface of a roof, as taught by Stadnyk, in order to provide an antenna for a vehicle status indicator (Stadnyk suggests its use in a golf cart in paragraph 0022).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to arrange the antenna on the front roof since it has been held that rearranging the parts of an invention involves only routine skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950).
Allowable Subject Matter
Claims 3, 7, and 8 are 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.
The primary reason for the indication of allowable subject matter in claim 3 is the inclusion in the claim of the limitations directed to the projection wall being inserted in the drain ditch and facing the side wall. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Zaremba, the closest prior art of record fails to teach the projection wall and modifying the device of Zaremba to include such a wall would require impermissible hindsight reasoning as there is no teaching, suggestion, or motivation in the prior art of record to do so.
The primary reason for the indication of allowable subject matter in claim is the inclusion in the claim of the limitations directed to the fastening member being fastened to the front end portion through a bottom wall of the attachment groove. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Zaremba is the closest prior art of record and there is no teaching, suggestion, or motivation in the art to modify the device of Zaremba to include an attachment groove with a bottom wall to which the fastening member is attached absent impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle roof structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S MORROW/Primary Examiner, Art Unit 3612
May 30, 2026
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