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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 6-10 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 6 recites, “Motor vehicle of the "barchetta" type” in line 1. The Italian word “barchetta” is not a term that is commonly used in the art such that it would have achieved a well-known meaning to one having ordinary skill. As such, the language of claim 6 is indefinite. It is recommended to remove the phrase for clarity.
Claims 7-10 are rejected due to their dependency on the rejected claim 6.
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.
(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.
Claims 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson (US 5275249 A).
Regarding claim 11, Nelson discloses a device for actuating (Nelson, Fig. 5-7) a movable vehicle windshield (Nelson, Fig. 1), wherein the windshield has a raisable (Nelson, Fig. 5, dash line raised position) and lowerable (Nelson, Fig. 5, solid line leveled position) support frame (Nelson, Fig. 5 or 6, supporting structures below the shield) with which an actuation mechanism (Nelson, 66 in Fig. 5 or 80 in Fig. 6) is associated, wherein said actuation mechanism includes a horizontal actuator (Nelson, 66 in Fig. 5 or 80 in Fig. 6) arranged beneath the windshield articulated beneath the vehicle (Nelson, Fig. 5, displaceable by articulating mechanism below the hood) and connected to said support framework by means of an articulated linkage (Nelson, 57 in Fig. 4) which controls the angular displacement thereof around a lower transversal axis (Nelson, Fig. 5 or 6, pivoting axis at the front end, which extends in the transversal direction).
Regarding claim 12, Nelson discloses the actuation device according to claim 11, wherein said articulated linkage comprises a generally triangular-shaped rotary cam (Nelson, 57 in Fig. 4, three pivoting points in triangular arrangement and linkage is generally triangular shaped) having a first vertex (Nelson, see annotated Fig. 5) articulated to said horizontal actuator, a second vertex (Nelson, see annotated Fig. 5) with which there is articulated the lower end of a substantially vertical connecting rod (Nelson, see annotated Fig. 5), whose upper end is articulated to said support frame (Nelson, see annotated Fig. 5), and a third vertex (Nelson, see annotated Fig. 5) pivoted around a horizontal rotation axis (Nelson, see annotated Fig. 5, which is a horizontal side view) of the cam.
Regarding claim 13, Nelson discloses the actuation device according to claim 11, wherein said horizontal actuator consists of an electric jack (Nelson, 66 in Fig. 5 or 64 in Fig. 7).
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Figure 1 Annotated Fig. 5 from Nelson
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson (US 5275249 A) in view of Nunn (US D1054352 S).
Regarding claim 1, Nelson discloses windshield (Nelson, 24 in Fig. 1) for motor vehicles (Nelson, Fig. 1), comprising two windshield parts (Nelson, two shields 24 in Fig. 1) separated from each other (Nelson, Fig. 1) and angularly displaceable independently from each other (Nelson, Fig. 1, can pivot upward individually) between a lowered position (Nelson, Fig. 5, solid line leveled position) and a raised position (Nelson, Fig. 5, dash line raised position), wherein said two windshield parts are articulated at a lower part thereof (Nelson, Fig. 5, displaceable by articulating mechanism below) and are displaceable in a motor-driven (Nelson, 66 in Fig. 5 or 80 in Fig. 6) manner.
Nelson fails to disclose a driving station and a passenger station arranged side by side the driving station.
Nunn teaches a driving station (Nunn, Fig. 5, station on the steering wheel side) and a passenger station (Nunn, Fig. 5, next to the steering wheel side) arranged side by side the driving station.
Nunn is considered to be analogous art because it is in the same field of vehicle hood and aerodynamic structures as Nelson.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the windshield as taught by Nelson to incorporate the teachings of Nunn with a reasonable expectation of success and have driving station and passenger station. Doing so ensures the comfort of the occupants and necessary operation of the vehicle.
Regarding claim 2, the combination of Nelson in view of Nunn teaches the windshield according to claim 1, wherein at least one of said two windshield parts includes a raisable and lowerable support frame (Nelson, Fig. 5 or 6, supporting structures below the shield) having a front transversal articulation (Nelson, Fig. 5 or 6, pivoting axis at the front end, which extends in the transversal direction) and internal supports (Nelson, Fig. 5 or 6, supports on the rear end) for the windshield part to which an actuation mechanism including a horizontal actuator (Nelson, 66 in Fig. 5 or 80 in Fig. 6) is associated.
Regarding claim 3, the combination of Nelson in view of Nunn teaches the windshield according to claim 2, wherein said horizontal actuator consists of an electric jack (Nelson, 66 in Fig. 5 or 64 in Fig. 7) arranged below the windshield part and connected to said support frame by means of an articulated linkage (Nelson, 57 in Fig. 4).
Regarding claim 4, the combination of Nelson in view of Nunn teaches the windshield according to claim 3, wherein said articulated linkage comprises a generally triangular-shaped rotary cam (Nelson, 57 in Fig. 4, three pivoting points in triangular arrangement and linkage is generally triangular shaped) having a first vertex (Nelson, see annotated Fig. 5) articulated to said electric jack, a second vertex (Nelson, see annotated Fig. 5) with which there is articulated the lower end of a substantially vertical connecting rod (Nelson, see annotated Fig. 5), whose upper end is articulated to said support frame (Nelson, see annotated Fig. 5), and a third vertex (Nelson, see annotated Fig. 5) pivoted around a horizontal rotation axis (Nelson, see annotated Fig. 5, which is a horizontal side view) of the cam.
Regarding claim 5, the combination of Nelson in view of Nunn teaches the windshield according to claim 1, wherein the windshield part associated with one side is larger than (Nelson, Col. 5 line 58, one side larger than the other) the windshield part associated with the other side.
The combination of Nelson in view of Nunn teaches the claimed invention except for the larger side is the driving station side. It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the claimed invention to arrange the larger side on the driving station’s side, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), see MPEP 2144.04 VI. Doing so ensures better glare reduction for the driver which needs to focus on the front of the vehicle when driving.
Regarding claim 6, Nelson discloses motor vehicle (Nelson, Fig. 1) having a windshield (Nelson, 24 in Fig. 1) arranged in front of said stations, wherein said windshield comprises two windshield parts (Nelson, Fig. 1) separated from each other and angularly displaceable independently (Nelson, Fig. 1, can pivot upward individually) between a lowered position (Nelson, Fig. 5, solid line leveled position) and a raised position (Nelson, Fig. 5, dash line raised position), wherein said two windshield parts are articulated beneath the motor vehicle (Nelson, Fig. 5, displaceable by articulating mechanism below the hood) and they can be displaced in a motor-driven (Nelson, 66 in Fig. 5 or 80 in Fig. 6) manner.
Nelson fails to disclose vehicle of the "barchetta" type; having a driving station and a passenger station arranged aside the driving station; and the windshield arranged in front of said stations.
Nunn teaches "barchetta" type (Nunn, Fig. 1, no roof and no window), having a driving station (Nunn, Fig. 5, station on the steering wheel side) and a passenger station (Nunn, Fig. 5, next to the steering wheel side) arranged aside the driving station; and the windshield arranged in front of said stations (after combination, since the windshield will be mounted to the front the occupants on the hood).
Nunn is considered to be analogous art because it is in the same field of vehicle hood and aerodynamic structures as Nelson.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the windshield as taught by Nelson to incorporate the teachings of Nunn with a reasonable expectation of success and use the windshield on the vehicle of Nunn. Doing so provides benefits including engine cooling, glare reduction, and bug deflection; and having driving station and passenger station ensures comfort of the occupants.
Regarding claim 7, the combination of Nelson in view of Nunn teaches the motor vehicle according to claim 6, wherein at least one of said two windshield parts includes a raisable and lowerable support frame (Nelson, Fig. 5 or 6, supporting structures below the shield) having a front transversal articulation (Nelson, Fig. 5 or 6, pivoting axis at the front end, which extends in the transversal direction) and internal supports (Nelson, Fig. 5 or 6, supports on the rear end) for the windshield part with which an actuation mechanism including a horizontal actuator (Nelson, 66 in Fig. 5 or 80 in Fig. 6) is associated.
Regarding claim 8, the combination of Nelson in view of Nunn teaches the motor vehicle according to claim 7, wherein said horizontal actuator consists of an electric jack (Nelson, 66 in Fig. 5 or 64 in Fig. 7) arranged beneath the windshield part and connected to said support frame by means of an articulated linkage (Nelson, 57 in Fig. 4).
Regarding claim 9, the combination of Nelson in view of Nunn teaches the motor vehicle according to claim 8, wherein said articulated linkage comprises a generally triangular-shaped rotary cam (Nelson, 57 in Fig. 4, three pivoting points in triangular arrangement and linkage is generally triangular shaped) having a first vertex (Nelson, see annotated Fig. 5) articulated to said electric jack, a second vertex (Nelson, see annotated Fig. 5) with which there is articulated the lower end of a substantially vertical connecting rod (Nelson, see annotated Fig. 5), whose upper end is articulated to said support frame (Nelson, see annotated Fig. 5), and a third vertex (Nelson, see annotated Fig. 5) pivoted around a horizontal rotation axis (Nelson, see annotated Fig. 5, which is a horizontal side view) of the cam.
Regarding claim 10, the combination of Nelson in view of Nunn teaches the motor vehicle according to claim 6, wherein the windshield part associated with one side is larger than (Nelson, Col. 5 line 58, one side larger than the other) the windshield part associated with the other side.
The combination of Nelson in view of Nunn teaches the claimed invention except for the larger side is the driving station side. It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the claimed invention to arrange the larger side on the driving station’s side, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), see MPEP 2144.04 VI. Doing so ensures better glare reduction for the driver which needs to focus on the front of the vehicle when driving.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references that are not relied upon all disclose vehicles with articulating windshield parts, except where Biancalana (US 20190241047 A1) discloses an open-top vehicle with air guiding elements, a driver station, and a passenger station.
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/WENWEI ZHUO/Examiner, Art Unit 3612
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