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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the two sets of driving assemblies of claim 13 and the automobile of claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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 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) 1-6 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olberding (U.S. 4,995,195).
Regarding claim 1, Olberding teaches a window structure comprising: a carrier (14) provided with a window opening (see fig 1), a side of the window opening being an opening and closing side (as seen in fig 1); a window assembly (10) comprising a first door window (26 left side as seen in fig 1) and a second door window (26 right side as seen in fig 1) that are arranged along an extending direction of the opening and closing side (see fig 1), the first door window (26 left side as seen in fig 1) and the second door window (26 right side as seen in fig 1) being configured to cooperate with each other to open or close the window opening (as seen in fig 2, windows 26 open and close along the direction arrows); and a driving assembly (30) comprising a driving member (34), a first transmission member (62 as seen in fig 4), and a second transmission member (62 as seen in fig 5), the first transmission member and the second transmission member (all 62) being arranged along the extending direction of the opening and closing side (see figs 4 and 5), and both the first transmission member and the second transmission member (all 62) being movably connected to the carrier (14, see figs 1 and 2); wherein the first door window (26 left side as seen in fig 1) is connected to the first transmission member (62 as seen in fig 4, via bracket 60), and the second door window (26 right side as seen in fig 1) is connected to the second transmission member (62 as seen in fig 5, via bracket 60), a power input portion of the driving member (36) is spaced apart from the first transmission member (62 as seen in fig 4) and the second transmission member (62 as seen in fig 5) along a height direction of the window opening (see figs 4 and 5), the driving member (34) comprises a first output portion (49) and a second output portion (48) arranged along the extending direction of the opening and closing side (as seen in fig 4), the first output portion (49) is connected to the first transmission member (62 as seen in fig 4), so as to drive the first transmission member (62 as seen in fig 4) to drive the first door window (26 left side as seen in fig 1) to move relative to the window opening (along directional arrows as seen in fig 1), and the second output portion (49) is connected to the second transmission member (62 as seen in fig 5), so as to drive the second transmission member (62 as seen in fig 5) to drive the second door window (26 right side as seen in fig 1) to move relative to the window opening (along directional arrows as seen in fig 1).
Regarding claim 2, Olberding teaches the window structure of claim 1. Olberding further teaches wherein the first door window and the second door window (both 26) move in opposite directions to cooperate with each other to open or close the window opening (as indicated by the directional arrows in figs 1 and 2).
Regarding claim 3, Olberding teaches the window structure of claim 1. Olberding further teaches wherein the carrier (14) is connected to a guide rail (22), the guide rail (22) is provided with a sliding groove (as defined in annotated fig 3) extending along the extending direction of the opening and closing side (see fig 5), the first transmission member and the second transmission member (all 62) are both movably provided in the sliding groove (as defined in annotated fig 3), the driving member (34) is provided in the sliding groove (see annotated fig 3), the power input portion of the driving member (36) is arranged with the first transmission member and the second transmission member (all 62) along a depth direction of the sliding groove (see annotated fig 3), and the depth direction of the sliding groove corresponds to the height direction of the window opening (see fig 5).
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Regarding claim 4, Olberding teaches the window structure of claim 3. Olberding further teaches wherein the sliding groove (as defined in annotated fig 3) comprises a first groove body (defined in annotated fig 3) and a second groove body (defined in annotated fig 3) that are arranged in a misaligned manner along the height direction of the window opening (as seen in annotated fig 3) and are in communication with each other (see annotated fig 3), the first groove body (as defined in annotated fig 3) is closer to the window opening than the second groove body (see annotated fig 3), the first transmission member and the second transmission member (all 62) are provided in the first groove body (as seen in fig 3 and 5), and the driving member (34) is provided in the second groove body (via connection to bracket 60).
Regarding claim 5, Olberding teaches the window structure of claim 4. Olberding further teaches wherein a side wall of the first groove body adjacent to the second groove body (top wall of first groove body as seen in annotated fig 3) is provided with a limiting through hole extending along the extending direction of the opening and closing side (slot as taught in column 2 line 65-column 3 line 2), the first groove body is in communication with the second groove body through the limiting through hole (slot as taught above), the first transmission member comprises a first transmission portion (62 as connected to bracket 60 as seen in fig 4) extending through the limiting through hole (as seen in figs 3 and 5) and connected to the first output portion (49), and the second transmission member comprises a second transmission portion (62 as connected to bracket 60 as seen in fig 5) extending through the limiting through hole (as seen in figs 3 and 5) and connected with the second output portion (48).
Regarding claim 6, Olberding teaches the window structure of claim 5. Olberding further teaches wherein the first transmission portion is a first rack portion (62 as connected to bracket 60 as seen in fig 4), the second transmission portion is a second rack portion (62 as connected to bracket 60 as seen in fig 5), the first output portion (49) is engaged with the first rack portion (as seen in fig 4), so as to drive the first rack portion to drive the first door window (26 left side as seen in fig 1, moves along directional arrows) to move, and the second output portion (48) is engaged with the second rack portion (as seen in fig 5), so as to drive the second rack portion to drive the second door window (26 right side as seen in fig 1, moves along directional arrows) to move.
Regarding claim 13, Olberding teaches the window structure of claim 3. Olberding further teaches wherein the guide rail comprises a first guide rail (22) and a second guide rail (18), the first guide rail (22) and the second guide rail (18) are arranged along the height direction of the window opening (as seen in fig 1), the sliding groove (as defined in annotated fig 3) is formed on one of the first guide rail (22) and the second guide rail or the sliding groove is formed on each of the first guide rail and the second guide rail, two sets of the driving assemblies are provided, each set of the driving assembly is correspondingly arranged in one set of the sliding groove, and the first door window (26 left side as seen in fig 1) and the second door window (26 right side as seen in fig 1) are arranged between the first guide rail (22) and the second guide rail (18, see fig 1).
Regarding claim 14, Olberding teaches the window structure of claim 1. Olberding further teaches a door window assembly (10) comprising the window structure according to claim 1 (see fig 1)
Regarding claim 15, Olberding teaches the door window assembly of claim 14. Olberding further teaches an automobile (12) comprising the door window assembly (10).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olberding (U.S. 4,995,195) in view of Snider (U.S. 2017/0356231).
Regarding claim 7, Olberding teaches the window structure of claim 5. Though Olberding teaches a power input portion of the driving member, it is silent that the power input portion is a driving rack.
Snider teaches a similar window structure where the power input portion of the driving member is a driving rack (24a, see fig 5). The driving rack (24a) and each of the fist rack portion and the second rack portion are arranged along the height direction of the window opening (as seen in fig 5).
The combination then of Olberding and Snider teaches the first output portion (49 Olberding) comprises a first driving gear (37 Olberding left side as seen in fig 6) and a reversing member (40 Olberding), the second output portion (48 Olberding) comprises a second driving gear (37 Olberding right side as seen in fig 6), the first driving gear (37 Olberding left side as seen in fig 6) is engaged with the driving rack (24a Snider), the second driving gear (37 Olberding right side as seen in fig 6) is engaged with both the driving rack (24a Snider) and the second rack portion (of 62, see figs 4 and 6 Olberding), the reversing member (40 Olberding) is engaged with the first rack portion (via 49 Olberding), and the reversing member (40 Olberding) is engaged with the first driving gear (37 Olberding, via 49), so that under a transmission of the reversing member (40 Olberding), the first rack portion moves in a direction opposite to a moving direction of the second rack portion (column 2 ,lines 45-51 Olberding).
Olberding and Snider are considered to be analogous to the claimed invention because they are in the same field of powered window assemblies. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Olberding to incorporate the teachings of Snider and provide a driving rack as the power input portion of the driving member. Doing so would ensure both the first door window and second door window open and close at the same rate.
Regarding claim 8, the combination of Olberding and Snider teaches the window structure of claim 7. Olberding and Snider further teach wherein the reversing member (40 Olberding) comprises at least one reversing gear (40 Olberding is connected to the reversible motor 34, the driving rack of Snider as per the combination above is therefore the reversing gear), and the first driving gear (37 Olberding) is in transmission cooperation with the first rack portion (of 62 Olberding) through the at least one reversing gear (reversible motor 34 Olberding).
Regarding claim 9, the combination of Olberding and Snider teaches the window structure of claim 7. Olberding and Snider further teach wherein a side wall of the second groove body (bottom wall of second groove body as seen in annotated fig 3) is further provided with a limiting groove extending along an extending direction of the second groove body (slot as taught in column 2 line 65-column 3 line 2 Olberding), and the driving rack (24a Snider) is movably provided in the limiting groove (via connection through bracket 60 Olberding).
Regarding claim 10, the combination of Olberding and Snider teaches the window structure of claim 7. Olberding and Snider further teach wherein the driving assembly further comprises a driving source (shaft on which 24a Snider rotates, see fig 5), the driving source further comprises a driving gear portion (outer gear of 24a Snider, see fig 5), the driving gear portion is engaged with the driving rack (24a Snider) to drive the driving rack to move (see fig 5 Snider), and the driving rack drives the first driving gear (37 left side as seen in fig 6 Olberding) and the second driving gear (37 right side as seen in fig 6 Olberding) to rotate.
Regarding claim 11, the combination of Olberding and Snider teaches the window structure of claim 10. Olberding further teaches wherein the first driving gear, the reversing member, the second driving gear, and the driving gear portion are spaced apart along an extending direction of the second groove body (see fig 2 and 4).
Regarding claim 12, the combination of Olberding and Snider teaches the window structure of claim 11. Olberding and Snider further teach wherein the driving gear portion (outer gear of 24a Snider) is provided between the first driving gear (37 left side as seen in fig 6 Olberding) and the second driving gear (37 right side as seen in fig 6 Olberding), and the first driving gear (37 left side as seen in fig 6 Olberding) is provided between the reversing member (70 Olberding) and the driving gear portion (outer gear of 24a Snider).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11,331,984, US 7,509,773, and US 4,671,013 (teach dual slider windows for a vehicle).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan M Heschel whose telephone number is (571)272-6621. The examiner can normally be reached Monday-Friday 8:00 am-4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571)270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUSAN M. HESCHEL/Examiner, Art Unit 3637
/Muhammad Ijaz/Primary Examiner, Art Unit 3631