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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 2/26/2026 is acknowledged.
Drawings
Figures 7A-9E should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 line 5 recites “the attaching portion is configured to attach to sandwich and attachable portion”. The phrase “to attach to sandwich” appears to be incomplete, perhaps “to attach to and to sandwich” was meant.
Appropriate correction is required.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US patent 11235711 to Takeda (hereinafter Takeda).
Regarding claim 1, the sealing member is shown in Takeda in figures 1-8 with
a sealing member (10) having an extrusion- molded part (10A) and a die-formed part (10B),
wherein the extrusion-molded part (10A) includes an attaching portion (21,22,23) with a U-shaped cross section that has a protrusion portion (21a) protruding from an opposing side of the U-shape in the opposing direction, and
the die-formed part (10B) is molded so that at least a portion of which is continuous with the attaching portion (figures 2 and 3) by using a die.
Examiner notes that extrusion molding and die-molding are product by process limitations, including the details of the die used in the die-molding process and interaction of the sealing member parts and the die (i.e. the location of the protruding member). As noted in MPEP 2113, patentability of a product (in the present case a sealing member) is defined by the product itself and does not depend on the method of production. While the structure implied by the process steps is considered when determining patentability of a product, there is no structure implied by the present steps other than that recited with respect to the product itself (i.e. the process steps are all directed to the details of the die and the engagement of the sealing parts in the die and do not imply structure to the finished product).
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.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takeda.
Regarding claim 2, the extrusion- molded part (10A) is a glass run upper part (figure 2) configured to be installed on a frame upper part (3a) of a window frame of a vehicle,
the die-formed part (10B) is a corner part (figure 2) connected with a rear end of the glass run upper part,
the attaching portion (21,22,23) is configured to attach to sandwich an attachable portion (figure 4) protruding from the frame upper part (3a) outward of the vehicle, and
the protrusion portion (21a) protrudes in the direction of sandwiching the attachable portion to be caught by a hook (8a) provided in the attachable portion at intervals in a longitudinal direction of the attachable portion in Takeda.
However, Takeda is silent as to whether there are a plurality of hooks or a single long hook.
Examiner notes a plurality of hooks would be a design choice.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sealing member of Takeda with a plurality of hooks because a plurality of hooks because a plurality of hooks provided good engagement between attaching part protrusion and frame.
Regarding claim 3, the limitation is a product by process limitation as it is directed to the engagement of the extrusion-molded part and the die (i.e. the section is defined by location in and engagement with the die) and as such in considered as read over by Takeda teaching the product.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/Primary Examiner, Art Unit 3619
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