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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, 2, 3, 4, 1, 6, 7, 7, 7, 8, 9, 10, 11, 12, 12, 13, 14, and 15 of U.S. Patent No. 12,109,915, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 1, 1, 2, 3, 4, 1, 6, 7, 7, 7, 8, 9, 10, 11, 12, 12, 13, 14, and 15 of the patent recite all the structure in claims 1, 2, 3, 4, 5, 6, 7, 8, 9 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of the instant application, respectively, as outlined in the below table:
SN 18/814,833
US Patent No. 12,109,915
A vehicle, comprising:
a chassis;
a cab coupled to the chassis; and
a window assembly positioned on a door of the cab,
A vehicle comprising:
a chassis;
a cab coupled to the chassis; and
a window assembly positioned on a door of the cab,
the window assembly comprising: a first window fixedly coupled with a support column; a second window translatably coupled with the first window, the second window translatable between a first position and a second position; and
the window assembly comprising: a first window fixedly coupled with one or more support columns; a second window translatably coupled with the first window, the second window translatable between a first position and a second position; and
a seal extending between the first window and the second window, wherein the seal is fixedly coupled with the first window and is configured to sealingly engage the second window when the second window is in the first position,
a seal extending between the first window and the second window, wherein the seal is fixedly coupled with the first window and is configured to sealingly engage the second window when the second window is in the first position,
wherein the seal comprises a body, wherein the body defines an interior channel configured to receive a portion of the second window with the second window in the first position,
wherein the seal comprises a body, wherein: the body defines an interior channel configured to receive a portion of the second window with the second window in the first position,
the interior channel formed on a side of the body that neighbors a side on which an exterior surface of the body is directly sealed to a surface of the first window.
the interior channel formed on a side of the body that neighbors a side on which the exterior surface of the body is directly sealed to the surface of the first window;
2. The vehicle of Claim 1, wherein the second window is offset from the first window in a direction perpendicular to an inner surface of the first window.
(claim 1) wherein the second window is offset from the first window in a direction perpendicular to an inner surface of the first window.
3. The vehicle of Claim 1, further comprising a cargo body coupled to the chassis.
(claim 1) a cargo body coupled to the chassis,
The vehicle of Claim 1, wherein the interior channel comprises a pair of inwards facing sealing portions,
wherein the inwards facing sealing portions are configured to engage opposite surfaces of the second window when the second window is translated into the first position.
The vehicle of claim 1, wherein the interior channel comprises a pair of inwards facing sealing portions,
wherein the inwards facing sealing portions are configured to engage opposite surfaces of the second window when the second window is translated into the first position.
5. The vehicle of Claim 1, wherein the second window is received within a door panel of the door of the cab when the second window translates into the second position.
3. The vehicle of claim 1, wherein the second window is received within a door panel of the door of the cab when the second window translates into the second position.
6. The vehicle of Claim 1, wherein the second window is configured to translate into an inner volume of the door of the cab when transitioned into the second position.
4. The vehicle of claim 1, wherein the second window is configured to translate into an inner volume of the door of the cab when transitioned into the second position.
7. The refuse vehicle of Claim 1, wherein the seal extends along an edge of the first window between the first window and the second window and the seal is fixedly coupled with the first window.
(claim 1) a seal extending between the first window and the second window, wherein the seal is fixedly coupled with the first window
8. The vehicle of Claim 1, wherein the first window extends between an A-pillar and a B-pillar of the cab of the vehicle when the door is in a closed position.
6. The vehicle of claim 1, wherein the first window extends between an A-pillar and a B-pillar of the cab of the vehicle when the door is in a closed position.
9. A window assembly for a delivery vehicle, positioned on a door of a cab of the delivery vehicle, the window assembly comprising:
a first window fixedly coupled with a support column;
a second window translatably coupled with the first window, the second window translatable between a first position and a second position; and
7. A window assembly for a delivery vehicle, positioned on a door of a cab of the delivery vehicle, the window assembly comprising:
a first window fixedly coupled with one or more support columns;
a second window translatably coupled with the first window, the second window translatable between a first position and a second position; and
a seal extending between the first window and the second window;
wherein a body of the seal defines an interior channel configured to receive a portion of the second window with the second window in the first position,
a seal extending between the first window and the second window,
and the body defines an interior channel configured to receive a portion of the second window with the second window in the first position,
the interior channel formed on a side that neighbors a side on which an exterior surface of the body is directly sealed to a surface of the first window.
the interior channel formed on a side that neighbors a side on which the exterior surface of the body is directly sealed to the surface of the first window;
10. The window assembly of Claim 9, wherein the second window is offset from the first window in a direction perpendicular to an inner surface of the first window.
(claim 7) wherein the second window is offset from the first window in a direction perpendicular to an inner surface of the first window.
11. The window assembly of Claim 9, wherein the seal is fixedly coupled with the first window and is configured to sealingly engage the second window when the second window is in the first position.
(claim 7) the seal is fixedly coupled with the first window and is configured to sealingly engage the second window when the second window is in the first position,
12. The window assembly of Claim 9, wherein the interior channel comprises a pair of inwards facing sealing portions, wherein the inwards facing sealing portions are configured to engage opposite surfaces of the second window when the second window is translated into the first position.
8. The window assembly of claim 7, wherein the interior channel comprises a pair of inwards facing sealing portions, wherein the inwards facing sealing portions are configured to engage opposite surfaces of the second window when the second window is translated into the first position.
13. The window assembly of Claim 9, wherein the second window is received within a door panel of the door of the cab when the second window translates into the second position.
9. The window assembly of claim 7, wherein the second window is received within a door panel of the door of the cab when the second window translates into the second position.
14. The window assembly of Claim 9, wherein the second window is configured to translate into an inner volume of the door of the cab when transitioned into the second position.
10. The window assembly of claim 7, wherein the second window is configured to translate into an inner volume of the door of the cab when transitioned into the second position.
15. The window assembly of Claim 9, wherein the seal extends along an edge of the first window between the first window and the second window and the seal is fixedly coupled with the first window.
11. The window assembly of claim 7, wherein the seal extends along an edge of the first window between the first window and the second window and the seal is fixedly coupled with the first window.
16. A delivery vehicle, comprising:
a chassis;
a cab coupled to the chassis; and
a window assembly positioned on a door of the cab,
12. A delivery vehicle comprising:
a chassis;
a cab coupled to the chassis; and
a window assembly positioned on a door of the cab,
the window assembly comprising: a first window fixedly coupled with a support column;
a second window translatably coupled with the first window, the second window translatable between a first position and a second position; and
the window assembly comprising: a first window fixedly coupled with one or more support columns;
a second window translatably coupled with the first window, the second window translatable between a first position and a second position; and
a seal extending between the first window and the second window, wherein the seal comprises a body defining an interior channel,
a seal extending between the first window and the second window, wherein the seal comprises a body defining an interior channel,
the interior channel comprising a plurality of sealing protrusions extending inward to engage opposite surfaces of the second window with the second window in the first position,
the interior channel comprising a plurality of sealing protrusions extending inward to engage opposite surfaces of the second window with the second window in the first position,
the interior channel formed on a side of the seal that neighbors a side on which the seal is directly sealed to the first window;
the interior channel formed on a side of the seal that neighbors a side on which the seal is directly sealed to the first window;
wherein the second window is offset from the first window in a direction perpendicular to an inner surface of the first window.
wherein the second window is offset from the first window in a direction perpendicular to an inner surface of the first window.
17. The delivery vehicle of Claim 16, wherein the seal is fixedly coupled with the first window and directly sealed to the first window and is configured to sealingly engage the second window when the second window is in the first position.
(claim 12) wherein the seal is fixedly coupled with the first window and directly sealed to an outer surface of the first window and is configured to sealingly engage the second window when the second window is in the first position,
18. The delivery vehicle of Claim 16, wherein the second window is received within a door panel of the door of the cab when the second window translates into the second position.
13. The delivery vehicle of claim 12, wherein the second window is received within a door panel of the door of the cab when the second window translates into the second position.
19. The delivery vehicle of Claim 16, wherein the second window is configured to translate into an inner volume of the door of the cab when transitioned into the second position.
14. The delivery vehicle of claim 12, wherein the second window is configured to translate into an inner volume of the door of the cab when transitioned into the second position.
20. The delivery vehicle of Claim 16, wherein the seal extends along an edge of the first window between the first window and the second window and the seal is fixedly coupled with the first window.
15. The delivery vehicle of claim 12, wherein the seal extends along an edge of the first window between the first window and the second window and the seal is fixedly coupled with the first window.
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 1-20 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 1, 9, and 16, each claim recites “a first window fixedly coupled with a support column.” However, in the specification, the first window 904 is part of sliding door 800 (see paragraphs [0080] and [0140] of Applicant’s disclosure. Thus, since the door 800 (and also the first window 904) slide away from the support column 112. Additionally, paragraph [0142] and Figure of Applicant’s specification and drawings show a perimeter seal 910 between the first window 904 and the support column 112. For purposes of expediting examination, this limitation in each of claims 1, 9, and 16 will be interpreted as --a first window releasably fixed with a support column via a door--.
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 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krause et al. (US 2007/0089371).
With respect to claim 9, Krause et al. disclose a window assembly 50 capable of use for a delivery vehicle, and capable of being positioned on a door of a cab of the delivery vehicle, the window assembly comprising:
a first window 44 capable of being releasably fixed with a support column via a door (note, the claim is only directed to a window assembly and not a vehicle which would include a support column–also see above 112(b) rejection for claim interpretation);
a second window 40 translatably coupled with the first window 44 (Krause et al., paragraph [0031]), the second window 40 translatable between a first position (as shown in Fig. 1 of Krause et al.) and a second position (when the second window 40 is located in the door cavity of the door 50, Krause et al,. paragraph [0031]); and
a seal 51/20 extending between the first window 44 and the second window 40 (as show in Fig. 2 of Krause et al.);
wherein a body 51/24/25/26 of the seal defines an interior channel (formed by seal portions 24/25/26) configured to receive a portion of the second window 40 with the second window in the first position (as shown in Fig. 2 of Krause et al.), the interior channel formed on a side that neighbors a side on which an exterior surface of the body 51/24/25/26 is directly sealed to a surface of the first window 44 (as shown in Fig. 1 of Krause et al.).
With respect to claim 10, Krause et al. disclose that the second window 40 is offset from the first window 44 in a direction perpendicular to an inner surface of the first window 44 (as shown in Fig. 2 of Krause et al.).
With respect to claim 11, Krause et al. disclose that the seal 51/20 is fixedly coupled with the first window 44 and is configured to sealingly engage the second window 40 when the second window is in the first position (as shown in Fig. 2 of Krause et al.).
With respect to claim 12, Krause et al. disclose that the interior channel comprises a pair of inwards facing sealing portions 25/26, wherein the inwards facing sealing portions 25/26 are configured to engage opposite surfaces of the second window 40 when the second window is translated into the first position (as shown in Fig. 2 of Krause et al.).
With respect to claim 13, Krause et al. disclose the second window 40 is received within a door panel (“The window pane 40 can be lowered into a cavity of the door 50,” Krause et al., paragraph [0031]) of the door of the cab when the second window 40 translates into the second position.
With respect to claim 14, Krause et al. disclose that the second window 40 is configured to translate into an inner volume of the door of the cab (“The window pane 40 can be lowered into a cavity of the door 50,” Krause et al., paragraph [0031]) when transitioned into the second position.
With respect to claim 15, Krause et al. disclose that the seal 51/20 extends along an edge of the first window 44 between the first window 44 and the second window 40 and the seal 51/20 is fixedly coupled with the first window 40 (Krause et al., paragraph [0035; Figs. 1-2).
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 1-8 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ling (US 20170210194) in view of Krause et al. (US 2007/0089371).
With respect to claim 1, Ling discloses the claimed vehicle except that they are silent on the details of the window assembly and seal. Ling discloses a vehicle, comprising:
a chassis 12;
a cab 13 coupled to the chassis; and
a window assembly positioned on a door of the cab 14 (as shown in Fig. 1 of Ling).
Krause et al. teach a vehicle including a door and window assembly50 comprising:
a first window 44 capable of being releasably fixed with a support column via a door (see above 112(b) rejection for claim interpretation);
a second window 40 translatably coupled with the first window 44 (Krause et al., paragraph [0031]), the second window 40 translatable between a first position (as shown in Fig. 1 of Krause et al.) and a second position (when the second window 40 is located in the door cavity of the door 50, Krause et al,. paragraph [0031]); and
a seal 51/20 extending between the first window 44 and the second window 40, wherein the seal is fixedly coupled with the first window 44 and (as show in Figs. 1-2 of Krause et al.) and is configured to sealingly engage the second window 40 when the second window is in the first position (as shown in Figs. 1-2 of Krause et al.);
wherein the seal 51/20 comprises a body 51/24/25/26, wherein the body defines an interior channel (formed by seal portions 24/25/26) configured to receive a portion of the second window 40 with the second window in the first position (as shown in Figs. 1-2 of Krause et al.), the interior channel formed on a side of the body that neighbors a side on which an exterior surface of the body is directly sealed to a surface of the first window 44 (as shown in Fig. 2 of Krause et al.).
It 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, with a reasonable expectation of success, to combine the teaching of Krause et al. with the vehicle disclosed by Ling for the advantage of its cost-effective production a universal configuration satisfying the various requirements on the seal in the individual functional portions (Krause et al., paragraph [0004]).
With respect to claim 2, Krause et al. disclose that the second window 40 is offset from the first window 44 in a direction perpendicular to an inner surface of the first window (as show in Fig. 2 of Krause et al.).
With respect to claim 3, Ling discloses a cargo body 16 coupled to the chassis 12 (as shown in Fig. 1 of Ling).
With respect to claim 4, Krause et al. disclose that the interior channel comprises a pair of inwards facing sealing portions 25/26, wherein the inwards facing sealing portions 25/26 are configured to engage opposite surfaces of the second window 40 when the second window is translated into the first position (as shown in Fig. 2 of Krause et al.).
With respect to claim 5, Krause et al. disclose the second window 40 is received within a door panel (“The window pane 40 can be lowered into a cavity of the door 50,” Krause et al., paragraph [0031]) of the door of the cab when the second window 40 translates into the second position.
With respect to claim 6, Krause et al. disclose that the second window 40 is configured to translate into an inner volume of the door of the cab (“The window pane 40 can be lowered into a cavity of the door 50,” Krause et al., paragraph [0031]) when transitioned into the second position.
With respect to claim 7, Krause et al. disclose that the seal 51/20 extends along an edge of the first window 44 between the first window 44 and the second window 40 and the seal 51/20 is fixedly coupled with the first window 40 (Krause et al., paragraph [0035; Figs. 1-2).
With respect to claim 8, in the combination of Ling and Krause et al., 8. the first window 44 extends between an A-pillar and a B-pillar of the cab 14 of the vehicle when the door is in a closed position as shown below in the image take from Fig. 1 of Ling:
[AltContent: textbox (A-pillar)][AltContent: textbox (B-pillar)][AltContent: ][AltContent: ]
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media_image1.png
460
454
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With respect to claim 16, Ling discloses the claimed delivery vehicle except that they are silent on the details of the window assembly and seal. Ling discloses a vehicle, comprising:
a chassis 12;
a cab 13 coupled to the chassis; and
a window assembly positioned on a door of the cab 14 (as shown in Fig. 1 of Ling).
Krause et al. teach a vehicle including a door and window assembly50 comprising:
a first window 44 capable of being releasably fixed with a support column via a door (see above 112(b) rejection for claim interpretation);
a second window 40 translatably coupled with the first window 44 (Krause et al., paragraph [0031]), the second window 40 translatable between a first position (as shown in Fig. 1 of Krause et al.) and a second position (when the second window 40 is located in the door cavity of the door 50, Krause et al,. paragraph [0031]); and
a seal 51/20 extending between the first window 44 and the second window 40, wherein the seal comprises a body 51/24/25/26 defining an interior channel (formed by 24/25/26), the interior channel comprising a plurality of sealing protrusions 25/26 extending inward to engage opposite surfaces of the second window 40 with the second window in the first position (as shown in Fig. 2 of Krause et al.), the interior channel formed on a side of the seal that neighbors a side on which the seal 51/20 is directly sealed to the first window 44 (as shown in Fig. 2 of Krause et al.);
wherein the second window 40 is offset from the first window 44 in a direction perpendicular to an inner surface of the first window (as shown in Fig. 2 of Krause).
With respect to claim 17, The delivery vehicle of Claim 16, wherein the seal 51/20 is fixedly coupled with the first window 44 and directly sealed to the first window 44 and is configured to sealingly engage the second window 40 when the second window is in the first position (as shown in Fig. 2 of Krause et al.).
With respect to claim 18, Krause et al. disclose the second window 40 is received within a door panel (“The window pane 40 can be lowered into a cavity of the door 50,” Krause et al., paragraph [0031]) of the door of the cab when the second window 40 translates into the second position.
With respect to claim 19, Krause et al. disclose that the second window 40 is configured to translate into an inner volume of the door of the cab (“The window pane 40 can be lowered into a cavity of the door 50,” Krause et al., paragraph [0031]) when transitioned into the second position.
With respect to claim 20, Krause et al. disclose that the seal 51/20 extends along an edge of the first window 44 between the first window 44 and the second window 40 and the seal 51/20 is fixedly coupled with the first window 40 (Krause et al., paragraph [0035; Figs. 1-2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Young and Wenner et al. are cited to show other examples of a window assembly including a first fixed window and a second movable window with a seal extending between the first window and the second window, wherein the seal includes an interior channel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/ Primary Examiner, Art Unit 3612
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