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 .
Terminal Disclaimer
The terminal disclaimer filed on 9/8/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,109,915 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Drawings
Replacement drawings were received on 9/8/2026. These drawings are acceptable.
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.
(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 Armin (GB 2702931).
With respect to claim 9, Armin discloses a window assembly capable of use for a delivery vehicle, positioned on a door of a cab of the delivery vehicle, the window assembly comprising:
a first window 12 capable of being fixedly coupled with a support column via a door;
a second window 14 translatably coupled with the first window 12, the second window translatable 14 between a first position (when the window is fully closed as shown in Fig. 1 of Armin) and a second position (when the window is lowered into the door, Armin, paragraph [0024]); and
a seal 22 extending between the first window 12 and the second window 14; wherein a body of the seal is molded as a single piece, extending continuously in a plane to which a length of the seal is orthogonal as shown below in the image taken from Fig. 5 of Armin:
[AltContent: textbox (plane in which body of seal extends continuously in )]
[AltContent: textbox (side that neighbors a side on which an exterior surface of the body is directly sealed to a surface of the first window )][AltContent: arrow]
[AltContent: textbox (a side on which an exterior surface of the body is directly sealed to a surface of the first window)][AltContent: ][AltContent: ]
[AltContent: textbox (cavity)][AltContent: textbox (interior channel)][AltContent: ][AltContent: ][AltContent: textbox (orthogonal length of seal)][AltContent: ]
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wherein the seal defines an interior channel configured to receive a portion of the second window 14 with the second window in the first position (as shown above), 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 (as indicated above), wherein the body further defines a cavity that neighbors the interior channel (as indicated above).
With respect to claim 10, Armin discloses that the second window 14 is offset from the first window 12 in a direction perpendicular to an inner surface of the first window 12 (as shown in the above image).
With respect to claim 11, Armin discloses that the seal 22 is fixedly coupled with the first window 12 and is configured to sealingly engage the second window 14 when the second 14 window is in the first position (Armin, paragraphs [0027] and [0031]).
With respect to claim 12, Armin discloses that 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 14 when the second window 14 is translated into the first position as shown in the image below taken from Fig. 5 of Armin:
[AltContent: textbox (pair of sealing portions)][AltContent: ][AltContent: ]
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With respect to claim 13, it is noted that the language “the second window is received within a door panel of the door of the cab when the second window translates into the second position” does not further limit the claimed window assembly, but instead, indicates an intended use of the window assembly. The window assembly disclosed by Armin could be used in such a manner.
With respect to claim 14, while claim 14 only appears to recite an intended use of the window assembly, it is noted that Armin discloses the second window 14 is configured to translate into an inner volume of the door of a cab when transitioned into the second position (Armin, paragraph [0008).
With respect to claim 15, Armin discloses that the seal 22 extends along an edge of the first window 12 between the first window 12 and the second window 14 (a shown in Fig. 5 of Armin) and the seal 22 is fixedly coupled with the first window 12 (the guide element 15 is fixed to the seal 22, Armin, paragraph [0031], and the seal 12 is attached to the guide element 15, Armin, paragraph [0027]).
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 Corcoran et al., (US 2004/0232731) in view of Armin (GB 2702931).
With respect to claim 1, Corcoran et al. disclose the claimed vehicle except for a first window releasably fixed with a support column via a door; 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, wherein the seal comprises a body, wherein the body is molded as a single piece, extending continuously in a plane to which a length of the seal is orthogonal, and 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, wherein the body defines a cavity that neighbors the interior channel. Corcoran et al. disclose a vehicle, comprising:
a chassis 18 (as shown in Fig. 9 of Corcoran et al.);
a cab 10 coupled to the chassis 18; and
a window assembly positioned on a door of the cab (as shown in Fig. 9 of Corcoran et al.), wherein a window of the window assembly is releasably fixed with a support column 268 via a door (Corcoran et al., Figs. 9 and 14–when the door is opened, the window is released from being fixed to the support column 268).
Armin teach a similar window assembly for a vehicle including
a first window 12 releasably fixed via a door;
a second window 14 translatably coupled with the first window 12, the second window 14 translatable between a first position (when the window is fully closed as shown in Fig. 1 of Armin) and a second position (when the window is lowered into the door, Armin, paragraph [0024]); and
a seal 22 extending between the first window 12 and the second window 14, wherein the seal 22 is fixedly coupled with the first window 12 and is configured to sealingly engage the second window 14 when the second window is in the first position (the guide element 15 is fixed to the seal 22, Armin, paragraph [0031], and the seal 12 is attached to the guide element 15, Armin, paragraph [0027]),
wherein the seal comprises a body, wherein the body is molded as a single piece extending continuously in a plane to which a length of the seal is orthogonal as shown below in the image taken from Fig. 5 of Armin:
[AltContent: textbox (plane in which body of seal extends continuously in )]
[AltContent: textbox (side that neighbors a side on which an exterior surface of the body is directly sealed to a surface of the first window )][AltContent: arrow]
[AltContent: textbox (a side on which an exterior surface of the body is directly sealed to a surface of the first window)][AltContent: ][AltContent: ]
[AltContent: textbox (sealing protrusions)][AltContent: ][AltContent: ][AltContent: textbox (cavity)][AltContent: textbox (interior channel)][AltContent: ][AltContent: ][AltContent: textbox (orthogonal length of seal)][AltContent: ]
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wherein the seal 22 defines an interior channel configured to receive a portion of the second window 14 with the second window in the first position (as shown above), 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 (as indicated above), wherein the body defines a cavity that neighbors the interior channel (as indicated above).
With respect to claim 2, Armin teaches that the second window 14 is offset from the first window 12 in a direction perpendicular to an inner surface of the first window (as shown above).
With respect to claim 3, Corcoran et al. disclose a cargo body coupled to the chassis 18 (as shown in Fig. 9 of Corcoran et al.).
With respect to claim 4, Corcoran discloses that 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 (as indicated above).
With respect to claim 5, Armin teaches that the second window 14 is received within a door panel of the door of the cab when the second window translates into the second position (Armin, paragraph [0008]).
With respect to claim 6, Armin teaches that the second window 14 is configured to translate into an inner volume of the door of the cab when transitioned into the second position (Armin, paragraph [0008]).
With respect to claim 7, Armin teaches that the seal 22 extends along an edge of the first window 12 between the first window and the second window 14 (as shown above) and the seal is fixedly coupled with the first window (the guide element 15 is fixed to the seal 22, Armin, paragraph [0031], and the seal 12 is attached to the guide element 15, Armin, paragraph [0027]).
With respect to claim 8, Corcoran et al. disclose that the window assembly extends between an A-pillar 158 and a B-pillar 268 (as shown in Fig. 14 of Corcoran et al.), thus, in the combination the first window 12 (as taught by Armin) would between an A-pillar and a B-pillar of the cab of the vehicle when the door is in a closed position.
With respect to claim 16, Corcoran et al. disclose the claimed delivery vehicle except for the second window translatable coupled with the first window and the seal extending between the first window and the second window. Corcoran et al. disclose a delivery vehicle, comprising:
a chassis 18 (as shown in Fig. 9 of Corcoran et al.);
a cab 10 coupled to the chassis; and
a window assembly positioned on a door of the cab 10 (as shown in Fig. 9 of Corcoran et al.) wherein a window of the window assembly is releasably fixed with a support column 268 via a door (Corcoran et al., Figs. 9 and 14–when the door is opened, the window is released from being fixed to the support column 268).
Armin teaches a vehicle including a door and window assembly comprising:
a first window 12 fixedly coupled releasably fixed with a support column via a door;
a second window 14 translatably coupled with the first window 12, the second window 14 translatable between a first position (when the window is fully closed as shown in Fig. 1 of Armin) and a second position (when the window is lowered into the door, Armin, paragraph [0024]); and
a seal 22 extending between the first window 12 and the second window 14, wherein the seal 22 comprises a body which is molded as a single piece (as shown in Fig. 2 of Armin), extending continuously in a plane to which a length of the seal 22 is orthogonal as shown below in the image taken from Fig. 2 of Armin:
[AltContent: textbox (plane in which body of seal extends continuously in )]
[AltContent: textbox (side that neighbors a side on which an exterior surface of the body is directly sealed to a surface of the first window )][AltContent: arrow]
[AltContent: textbox (a side on which an exterior surface of the body is directly sealed to a surface of the first window)][AltContent: ][AltContent: ]
[AltContent: textbox (sealing protrusions)][AltContent: ][AltContent: ][AltContent: textbox (cavity)][AltContent: textbox (interior channel)][AltContent: ][AltContent: ][AltContent: textbox (orthogonal length of seal)][AltContent: ]
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the body defining an interior channel and a cavity neighboring the interior channel (as indicated above), the interior channel comprising a plurality of sealing protrusions extending inward to engage opposite surfaces of the second window 14 with the second window 14 in the first position (as indicated above), the interior channel formed on a side of the seal 22 that neighbors a side on which the seal is directly sealed to the first window (as indicated above); wherein the second window 14 is offset from the first window in a direction perpendicular to an inner surface of the first window (as shown above).
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 Armin with the delivery vehicle disclosed by Corcoran et al. for the advantage of
With respect to claim 17, Armin teaches that the seal 22 is fixedly coupled with the first window 12 and directly sealed to the first window 12 and is configured to sealingly engage the second window 14 when the second window is in the first position (Armin, paragraphs [0027] and [0031]).
With respect to claim 18, Armin teaches that the second window 14 is received within a door panel of the door of the cab when the second window translates into the second position (Armin, paragraph [0008]).
With respect to claim 19, Armin teaches that the second window 14 is configured to translate into an inner volume of the door of the cab when transitioned into the second position (Armin, paragraph [0008]).
With respect to claim 20, Armin teaches that the seal 22 extends along an edge of the first window 12 between the first window 12 and the second window 14 and the seal 22 is fixedly coupled with the first window (the guide element 15 is fixed to the seal 22, Armin, paragraph [0031], and the seal 12 is attached to the guide element 15, Armin, paragraph [0027]).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
An update search revealed the references to Armin and Corcoran et al. which read on the claims as outlined above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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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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