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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains multiple paragraphs. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-11 and 13-14 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 lines 4-7 recites “…where the connection element (14) defines a connection direction which defines a minimum angle (18) of at least 45° together with a main extension direction (50) of the wiper blade (10) in a perpendicular projection onto a provided wiping plane of the wiper blade (10).” Based on the applicant’s disclosure, the examiner interprets this angle to be the angle represented by reference number 18 in Figure 2. However, it is unclear what is meant by “the wiper blade in a perpendicular projection onto a provided wiping plane of the wiper blade”?
In claim 5 it is unclear what is meant by “the connection element (14) is configured in addition to a mechanic attachment to a wiper arm (64).” What is meant by the term “configured”?
Claim 6 recites the limitation "the connection directions" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the mechanical fastening" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the connection to the heat energy source" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 line 3 it is unclear what is meant by “in a material locking fashion”.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maerkle, DE 102019212251 A1 (see also English translation; also published as US 11,872,962).
Regarding claims 1 and 13, Maerkle discloses a wiper device comprising a wiper blade (16a, Figure 1), at least one heating element (26a), and a connection element (connection unit 38a and 40a, Figure 3; connection unit 38b and 40b, Figure 4) at least for connecting the heating element to a heat energy source (battery 20a, Figure 1; paragraph [0021] of English translation), wherein the connection element defines a connection direction which defines a minimum angle of at least 45°, and at least 60°, together with a main extension direction of the wiper blade in perpendicular projection onto a provided wiping plane of the wiper blade (the connection direction is approximately 90° to the extension direction of the wiper blade in perpendicular projection onto a wiping plane of the blade as best understood, in Figure 3 see direction arrow 80a, paragraph [0027] and connecting axis 84b in Figure 4, also paragraph [0035]). Regarding claim 2, the minimum angle that the connection direction defines is at least substantially 90° at least in the perpendicular projection onto the provided wiping plane of the wiper blade together with the main extension direction of the wiper blade (the angle is at least substantially 90°, see Figures 3-4 and paragraphs [0037] and [0035]). Regarding claim 3, the connection direction of the connection element is at least substantially parallel to the provided wiping plane of the wiper blade (see Figures 1 and 3 in particular, 84a is a connection axis, the connection direction is along this axis and is parallel to the wiper plane as presented in Figure 1). Regarding claim 4, the connection element is configured as a positive locking plug (at 42a, see paragraph [0023] and Figure 3; at 42b, see Figure 4). Regarding claim 5, the connection element is configured in addition to a mechanical attachment to a wiper arm (the mechanical attachment is the blade adapter that connects to the wiper arm, 30a or 30b; see Figures 1, 3-4). Regarding claim 6, the connection directions of the connection element are identical to a mechanical fastening to the wiper arm and to connection to the heat energy source (as best understood, the direction for each of the connection element, the direction of the mechanical attachment of the blade adapter to the arm, and the connection of the arm to the heat energy source are all the direction of the axis 84a, 114a, 116a in Figure 3; or 84b in Figure 4). Regarding claim 7, the heating element (26a) is arranged in the main extension direction of the wiper blade over at least a part of a total longitudinal extension of the wiper blade (26a, Figure 1 and paragraph [0021]). Regarding claim 8, the heating element is connected to the wiper blade in a “material locking fashion” (in that the heating unit is integral to the wiper blade, they are fixed together as one wiper device unit; see Figures 1 and paragraph [0021]). Regarding claim 9, the connection element is formed integrally with a wiper blade adapter (adapters 30a or 30b, see Figures 3-4, the connection element 40a or 40b is formed in an integral unit) and to a positive locking installation of the wiper blade having a wiper arm (as they are locked and installed in Figures 1, 3-4). Regarding claim 10, the connection element comprises a guide unit (outer walls of 40a, 40b; form a plug collar, see paragraph [0023]) which guides a movement of the wiper blade along the connection direction when the wiper blade is coupled to a wiper arm (connection direction is along axis 84a in Figure 3; see paragraph [0030]). Regarding claim 11, there is a wiper having the wiper device that has at least a wiper arm (14a, Figure 1). Regarding claim 12, there is a method for installing a wiper device having a wiper blade (16a) with at least one heating element (26a) and with a connection element (includes 38a and 40a; 38b and 40b) at least for connecting the heating element to a heat energy source (20a), wherein the connection element and a mechanical attachment for attaching a wiper blade to a wiper arm (30a or 30b) are connected to the wiper arm in a common step (step of plug connection, see paragraph [0003], also see paragraphs [0006] and [0023]). Regarding claim 14, the guide unit is different from connecting pins (connection pin, see paragraphs [0003] or [0023], pin in region 44 different from outer walls of 40a or 40b which serve to guide).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 102019203686 A1 to Depondt et al. teach a wiper device comprising a wiper blade and an electrical connection element (19, 28) that forms a connection direction of about 45° (Figures 2-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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