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 recites the limitation "a latch having a first end connected to the bottom frame member and a second end spaced from the bottom frame member, the first end of the latch biased towards the mount, the first end of the latch being engageable with a first position on the mount when the windshield is in the closed first position, and the first end of the latch being engageable with a second position on the mount when the windshield is in the open second position." It is unclear how can the first end connect to the bottom frame, while also engageable in two positions on the mount that is on the dashboard. Applicant apparently confuses “the second end” with “the first end” in lines 11-12 and 14 of claim 1. The claim also contradicts with the description in paragraph 44 of the specification.
Applicant may overcome this rejection by amending the claim to recite “a latch having a first end connected to the bottom frame member and a second end spaced from the bottom frame member, the second end of the latch biased towards the mount, the second end of the latch being engageable with a first position on the mount when the windshield is in the closed first position, and the second end of the latch being engageable with a second position on the mount when the windshield is in the open second position.”
Claims 2-9 are rejected due to their dependency on the rejected claim 1.
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Roy (US 20170282865 A1) in view of Reid (Reid, US 3093846 A).
Regarding claim 1, Roy discloses a windshield mounting assembly (Roy, Fig. 1) for mounting a windshield (Roy, 100 in Fig. 1) to roll-over protection frame (Roy, 74 in Fig. 3 and 6) of a utility terrain vehicle (Roy, UTV) (Roy, Fig. 1), the windshield mounting assembly comprising: a windshield (Roy, 100 in Fig. 1) having top, side and bottom edges (Roy, Fig. 9), the windshield being mounted in a frame (Roy, 216 in Fig. 14) having top, side and bottom frame members (Roy, Fig. 14, has members around all four sides), the top frame member being pivotally connectable (Roy, Fig. 9 and 14) to a top portion (Roy, 94 in Fig. 7) of the roll-over protection frame of the UTV, the windshield being moveable between a closed first position (Roy, Fig. 6) and an open second position (Roy, Fig. 7); a dashboard (Roy, 88 in Fig. 2) of the UTV; ; a latch (Roy, 112 in Fig. 7) having a first end (Roy, Fig. 8, end of 108 that is directly contacting the bottom frame portion of the windshield frame) connected to the bottom frame member and a second end (Roy, Fig. 8, rear end of 108 that extends toward the vehicle interior from the windshield) spaced from the bottom frame member.
Roy fails to disclose a mount attached to the dashboard adjacent to the bottom frame member; a latch having a first end connected to the bottom frame member and a second end spaced from the bottom frame member, the first end of the latch biased towards the mount, the first end of the latch being engageable with a first position on the mount when the windshield is in the closed first position, and the first end of the latch being engageable with a second position on the mount when the windshield is in the open second position.
Reid teaches a mount (Reid, 153 in Fig. 7) attached to the dashboard (Reid, after combination, Reid teaches attach to deck which is similar to the dashboard of Roy) of the UTV adjacent to the bottom frame member; a latch (Reid, 150 in Fig. 7) having a first end (Reid, Fig. 7, the end that latched with the groove 162) connected to the bottom frame member (Reid, indirectly through the body of the latch 150 after combination, since Roy teaches the latch connect at the bottom frame location and it would be obvious to keep the latch at the same location) and a second end (Reid, 150a in Fig. 7, rearmost end) spaced from the bottom frame member (Reid, after combination), the first end of the latch biased towards the mount (Reid, biased by spring 163 in Fig. 7; nut 160 and weight of the windshield also bias the first end), the first end of the latch being engageable with a first position (Reid, Fig. 7, one of the grooves 162) on the mount when the windshield is in the closed first position, and the first end of the latch being engageable with a second position (Reid, Fig. 7, another one of the grooves 162) on the mount when the windshield is in the open second position.
Reid is considered to be analogous art because it is in the same field of pivotable vehicle windshield with a latch as Roy.
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 assembly as taught by Roy to incorporate the teachings of Reid with a reasonable expectation of success and use the latch of Reid. Doing so allows user to adjust the windshield and hold the windshield at different desired locations.
Regarding claim 2, the combination of Roy in view of Reid teaches the windshield mounting assembly of claim 1, wherein the latch comprises a first portion (Reid, see annotated Fig. 7, portion contacting with one of the grooves and includes the first end) and a second portion (Reid, see annotated Fig. 7) connected to the first portion, the first portion extending from the first end to the second portion (Reid, see annotated Fig. 7), the second portion extending from the first portion to the second end (Reid, see annotated Fig. 7, extends rearward to the second end at the rear), the second portion being at an angle (Reid, see annotated Fig. 7, substantially a right angle) relative to the first portion.
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Figure 1 Annotated Fig. 7 from Reid
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Roy in view of Reid as applied to claim 2 above, and further in view of Lesle et al. (US 7185943 B2).
Regarding claim 3, the combination of Roy in view of Reid teaches the windshield mounting assembly of claim 2, wherein the latch is formed from a curved planar (Reid, Fig. 7, curved and planar as shown by the cross-sectional perspective view).
The combination of Roy in view of Reid fails to teach flexible polymer.
Lesle teaches flexible polymer (Lesle, Col. 2 lines 59-61, polycarbonate is a flexible polymer).
Lesle is considered to be analogous art because it is in the same field of pivotable vehicle window with a latch as Roy in view of Reid.
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 assembly as taught by Roy in view of Reid to incorporate the teachings of Lesle with a reasonable expectation of success and use polycarbonate for the latch. Doing so makes a latch that has high strength, impact resistance, and cost-efficient since the material is readily available commercially.
Regarding claim 4, the combination of Roy in view of Reid teaches the windshield mounting assembly of claim 3, wherein the polymer is a polycarbonate plastic (Lesle, Col. 2 lines 59-61).
Allowable Subject Matter
Claims 5-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the allowance of the claims is the inclusion in the claims of the limitations directed to the first portion comprises first and second spaced legs, the first portion configured to define an opening between the first and second legs as claimed in claim 5; the second portion of the latch is able to flex relative to the first portion of the latch and away from the mount to move between the first and second positions as claimed in claim 6; and a latch handle connected to the latch body at a transition between the first portion and the second portion, the latch handle extending upward from the latch body as claimed in claim 9. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. WO 2013166310 A1 teaches a handle in Fig. 80, but not at a transition as required by claim 9.
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 UTV pivotable windshield with a latch at the bottom, except US 2122321 A, which discloses pivotable windshield with a latch for a non-UTV vehicle.
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/WENWEI ZHUO/Examiner, Art Unit 3612
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