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 .
Response to Arguments
Applicant's arguments filed on 06/25/2026 have been fully considered but they are not persuasive.
Regarding claim 1, applicant argues that Cohen (U.S. 2004/0099456 A1) does not disclose a recess that forms the washer fluid reservoir. Applicant states that Cohen’s reservoir 45 is a separately formed container supported by basket 34, 35. The basket supports the reservoir but does not itself form the fluid-containing cavity.
Examiner respectfully disagree. The claim does not expressly require that: the recess itself be fluid-tight; the recess alone contain the washer fluid; the recess be completely enclosed; or there be no separate container positioned within the recess. The limitation merely requires that the lower panel structure have a recess that forms a washer-fluid reservoir. Cohen’s reservoir 45 is received within the recessed region defined by the lower panel/basket structure 34, 35. Thus, the recessed region provides the reservoir space for receiving washer fluid, within reservoir 45 occupying that recessed space. Nothing in claim 1 required the recess to be independently fluid-tight or to exclude a separate reservoir component.
Alternatively: Even assuming that Cohen’s recess does not itself constitute the complete fluid-containing cavity, Vaschetto et al. (U.S. 5,024,383) teach incorporating a washer fluid reservoir into a vehicle structural member and providing a filer communicating with the reservoir. It would therefore be obvious to modify Cohen’s recessed lower panel structure to from the washer fluid reservoir therein.
Regarding claim 1, applicant argues that Cohen does not teach filling through the access opening in the lower panel structure.
Examiner respectfully disagree. First, claim 1 is directed to an apparatus, not a method of filling the washer-flid reservoir. The recited structural limitations are directed to the configuration of a front service panel assembly. Applicant’s argument relies upon the performance of a method step, i.e., actually filling the reservoir through the access opening, rather than a structural limitation of the claimed apparatus. A method of using an apparatus is not given patentable weight in an apparatus claim.
Second, the rejection of this limitation relies on Vaschetto. Vaschetto teaches providing a filler/access opening communicating with a washer-fluid reservoir. This, the combination teaches or suggests providing Cohen’s washer-fluid storage arrangement with an access opening configured for filling the reservoir.
Regarding claim 1, applicant argues that opening in basket wall 36 of Cohen could not be used to fill reservoir 46. The opening in wall 36 communicates with the basket and not with the interior of reservoir 45.
Examiner respectfully disagree. As shown in fig. 3, the opening in wall 36 provides access to reservoir 45. Also, Vaschetto teaches the known practice of providing a filler that communicates with the interior of a washer-fluid reservoir. It would have been obvious to a person of ordinary skill in the art to modify the structure of Cohen to provide such communication for the purpose of facilitating filling and refilling of the washer-fluid reservoir.
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.
Claims 1-4, 14, 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Cohen (U.S. 2004/0099456 A1), in view of Vaschetto et al. (U.S. 5,024,383).
Regarding claim 1, Cohen discloses a front service panel assembly (fig. 1) for a motor vehicle (11, para 0014), comprising:
a lower panel structure (33, figs. 1-2); and
an upper panel covering (“hood 15”, see fig. 1 and refer to para 0014), the lower panel structure (33) covered by the upper panel covering (15; see figs. 1 and 9), the lower panel structure (33) having at least one recess (34, 35; see fig. 2) which forms a washer fluid reservoir (45; fig. 2 and para 0022) and an access opening in the lower panel structure (opening in wall 36, as shown in fig. 3).
However, Cohen is silent to filling the fluid reservoir through the access opening in the lower panel structure. In other words, Cohen does not teach that the access opening in wall 36 is used for filling the fluid reservoir.
Vaschetto et al. teach a front service panel assembly (fig. 2) for a motor vehicle (1, fig. 1), comprising: a lower panel structure (7, fig. 2), a hood (6), and an access opening (via “removable stopper” fig. 2 and col. 2, lines 60-66) in the lower panel structure (2) used for filling washer fluid (refer to col. 2, lines 60-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cohen to use the access opening formed in wall 36 for filling/refilling windshield washer fluid, as taught by Vaschetto et al. (refer to col. 2, lines 60-67).
Regarding claim 2, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 1 above; Cohen, as modified by Vaschetto et al. further discloses wherein the access opening is in the lower panel structure (33; as shown in fig. 3).
Regarding claim 3, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 2 above; Cohen further discloses the lower panel structure (33) is delimited on one long side by an elongated dividing wall (“suspenders 36” extending upward as shown in fig. 2), within which the access opening for filling the washer fluid reservoir is arranged (as shown in fig. 3).
Regarding claim 4, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 1 above; Vaschetto et al. further teach a closure flap (“removable stopper 27”; col. 2, lines 60-63), with which the access opening can be covered (refer to col. 2, lines 60-63: “removable stopper…to close the filler 20”), is attached to the access opening for filling the washer fluid reservoir (7, see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the access opening in the lower panel structure of Cohen to include a cover, as taught by Vaschetto et al., for sealing the washer fluid in the reservoir (refer to col. 3, lines 4-15).
Regarding claim 14, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 1 above; Cohen further discloses wherein the at least one recess (34, 35; see fig. 2) that forms the washer fluid reservoir is closed by a recess covering (12; see figs. 1-3).
Regarding claim 16, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim above; Cohen further disclose a pump (22, para 0018) that is configured to convey washer fluid from the washer fluid reservoir to a washer nozzle feed (23, para 0018).
Regarding claim 17, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 16 above; Cohen is silent to the location of the pump. Vaschetto et al. teach pump (21, fig. 2) attached to the lower panel structure (7) opposite a recess (11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the pump of Cohen such that it is attached to the lower panel structure opposite the at least one recess, as taught by Vaschetto et al. since it has been held that rearranging parts of an invention in a manner which does not alter its operation involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 18, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 1 above; Cohen further disclose wherein the lower panel structure (33) includes a dividing wall (36) that provides the access opening (see figs. 2-3 and refer to para 0022).
Regarding claim 19, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 18 above; Cohen further disclose wherein the dividing wall (36) is configured to adjoin a windshield apron (12 and/or 14) of a motor vehicle (11; see fig. 11).
Regarding claim 20, Cohen discloses a front service panel assembly (fig. 1) for a motor vehicle (11, para 0014), comprising:
a lower panel structure (33, figs. 1-2) having at least one recess (34, 35; see fig. 2);
a recess covering (17; see fig. 2 ) that closes the recess (see fig. 2 ) such that the recess (34, 35) and the recess covering (17) together form a washer fluid reservoir (Cohen’s reservoir 45 is received within the recessed region defined by the lower panel/basket structure 34, 35. Thus, the recessed region provides the reservoir space for receiving washer fluid, within reservoir 45 occupying that recessed space);
an upper panel covering (“hood 15”, see fig. 1 and refer to para 0014), the lower panel structure (33, figs. 1-2) covered by the upper panel covering (15; see figs. 1 and 9); and
an access opening in the lower panel structure (opening in wall 36, as shown in fig. 3).
However, Cohen is silent to filling the fluid reservoir through the access opening in the lower panel structure. In other words, Cohen does not teach that the access opening in wall 36 is used for filling the fluid reservoir.
Vaschetto et al. teach a front service panel assembly (fig. 2) for a motor vehicle (1, fig. 1), comprising: a lower panel structure (7, fig. 2), a hood (6), and an access opening (via “removable stopper” fig. 2 and col. 2, lines 60-66) in the lower panel structure (2) used for filling washer fluid (refer to col. 2, lines 60-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cohen to use the access opening formed in wall 36 for filling/refilling windshield washer fluid, as taught by Vaschetto et al. (refer to col. 2, lines 60-67).
Regarding claim 21, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 20 above; Cohen, as modified by Vaschetto et al. further discloses wherein the access opening is arranged in an elongated dividing wall (“suspenders 36” extending upward as shown in fig. 2) that delimits the lower panel structure on one long side and is configured to adjoin a windshield apron of the motor vehicle (see figs. 1-2 and 9).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cohen (U.S. 2004/0099456 A1), in view of Vaschetto et al. (U.S. 5,024,383), as applied to claim 4 above, and further in view of Remes (U.S. 2018/0009484A1).
Regarding claim 5, the combination of Cohen and Vaschetto et al. teach all the features of this claim as applied to claim 1 above; however, Cohen, as modified by Vaschetto et al. fail to teach a closure flap connected to the lower panel structure with a hinge.
Remes teaches a windshield washer fluid reservoir (20, fig. 1a and para 0023) and a filler door (42) connected by means of a hinge assembly (44; refer to para 0025) for opening and closing an access port that leads to the fluid reservoir (see fig. 1a and refer to para 0026).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted one type of port closure mechanism for another (i.e., the removable stopper for the door/hinge assembly) to achieve the predictable result of opening and closing the access opening in the lower panel structure.
Allowable Subject Matter
Claims 6-13 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hambusch (U.S. 11,535,198 B2), Gill et al. (U.S. 2022/0355738 A1), Cameron et at. (U.S. 10,286,879 B2), Quintero Perez et al. (U.S. 2017/0225658 A1), Uyanik et al. (U.S. 9,120,465 B2), Anno et al. (U.S. 2009/0000053 A1), and Sandhu et al. (U.S. 2006/0244288 A1).
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 YANICK A AKARAGWE whose telephone number is (469)295-9298. The examiner can normally be reached M-TH 7:30-5:30.
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/YANICK A AKARAGWE/ Primary Examiner, Art Unit 3672
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