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 .
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.
Claim 10 is 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 10 requires the third member to be the rear panel while depending from claim 8 which requires the third member to be a roof panel. This is a contradiction. Applicant can amend claim 10 to read –wherein the second member is a rear panel--. Alternatively, claim 8 could be amended to claim the second member is the roof panel and the third member comprises a water channel outlet.
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 1-6, 11-14, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hill et al. (US 2014/0123495).
Hill et al. discloses a vehicle comprising a first member (410), a second member (430) joined to the first member (410) to form a channel, as shown in Figures 3F and 4. A welding glue deposition (340) extends across a width of the channel, as shown in Figure 3F. An electrophoretic coating is disposed on the first member (410), the second member (430), and the channel, as disclosed in paragraph [0025].
In reference to claim 2, the channel comprises a water channel, as shown in Figure 3F.
In reference to claim 3, the channel is an elongated channel, as shown in Figures 3F-6.
In reference to claim 4, the elongated channel is oriented longitudinally relative to the vehicle, as shown in Figures 3F-6.
In reference to claim 5, the welding glue deposition is disposed laterally within the channel relative to the vehicle, as shown in Figures 3F and 5.
In reference to claim 6, the first member (410) comprises a body panel (410), as shown in Figure 4.
In reference to claim 11, the method includes joining the first member (410) and the second member (430) to form a channel by forming a welding glue deposition across the channel, as shown in Figures 3F-6 and paragraph [0046]. The welding glue deposition and the channel are coated with electrophoretic material, as disclosed in paragraph [0025]. The first and second members (410,430) are heated in an oven, as disclosed in paragraphs [0030]. Some of the electrophoretic material is retained in the channel during heating to produce the disclosed coating.
In reference to claim 12, a welding glue (312,322) is applied between the first and second members (410,430) to join them, as shown in Figure 3E.
In reference to claim 13, a channel is formed by joining the first and second members (410,430), as shown in Figures 3F-6.
In reference to claim 14, the channel formed by joining the first and second members (410,430) is an elongated channel oriented longitudinally relative to the vehicle, as shown in Figures 3F-6.
In reference 16, a third member (not shown) is joined to the first and second members (410,430) to form the channel, as disclosed in paragraph [0044]. The third member is the rear header.
In reference to claim 18, the welding glue deposition and the channel are coated with cataphoretic material, as disclosed in paragraph [0025].
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.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hill et al. (US 2014/0123495) in view of Kim (US 2021/0171117).
Hill et al. discloses a vehicle comprising a first member (410), a second member (not shown) joined to the first member (410) such that at least the first member forms a channel, as shown in Figures 3F and 4 and disclosed in paragraph [0044]. The second member is the rear header. A welding glue deposition (614) extends across a width of the channel, as shown in Figures 3F and 6. There is a lateral component to the deposition. An electrophoretic coating is disposed on the first member (410), the second member, and the channel, as disclosed in paragraph [0025].
In reference to claim 2, the channel comprises a water channel, as shown in Figure 3F.
In reference to claim 3, the channel is an elongated channel, as shown in Figures 3F-6.
In reference to claim 4, the elongated channel is oriented longitudinally relative to the vehicle, as shown in Figures 3F-6.
In reference to claim 5, the welding glue deposition is disposed laterally within the channel relative to the vehicle, as shown in Figures 3F and 6. There is a lateral component to the deposition, as shown in Figure 6.
In reference to claim 6, the first member (410) comprises a body panel (410), as shown in Figure 4.
In reference to claim 8, the first member (410) comprises a body panel and a third member comprises a roof panel (430), as shown in Figure 4.
In reference to claim 9, the welding glue deposition (614) is at least partially disposed at the rear of the channel, as shown in Figure 6.
In reference to claim 10, the vehicle includes a rear panel (not shown) and a roof panel (430), as disclosed in paragraph [0044]. The rear panel is the rear header.
In reference to claim 11, the method includes joining the first member (410) and the second member (not shown) such that the first member forms part of a channel by forming a welding glue deposition across the channel, as shown in Figures 3F-6 and paragraph [0046]. The second member is the rear header, as disclosed in paragraph [0044]. The welding glue deposition and the channel are coated with electrophoretic material, as disclosed in paragraph [0025]. The first member (410) and second member are heated in an oven, as disclosed in paragraphs [0030]. Some of the electrophoretic material is retained in the channel during heating to produce the disclosed coating.
In reference to claim 12, a welding glue is applied between the first member (410) and second member to join them, as disclosed in paragraph [0044].
In reference to claim 13, a channel is formed by joining the first member (410) and second member, as shown in Figures 3F-6.
In reference to claim 14, the channel formed by joining the first member (410) and second member is an elongated channel oriented longitudinally relative to the vehicle, as shown in Figures 3F-6.
In reference 16, a third member (430) is joined to the first member (410) and second member to form the channel, as disclosed in paragraph [0044].
In reference to claim 17, the first member is a body panel (410) and the third member is a roof panel (430). The first, second, and third members are joined together, as disclosed in paragraph [0044].
In reference to claim 18, the welding glue deposition and the channel are coated with cataphoretic material, as disclosed in paragraph [0025].
However, Hill et al. does not explicitly state the rear panel/second member has a water channel outlet.
Kim teaches forming a channel between a roof panel (1), a side panel (2), and a rear panel (5), as shown in Figure 2. The rear panel (5) has a water channel outlet, as shown in Figure 2.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the second member/rear panel of Hill et al. with a water channel outlet that forms part of a water channel, as taught by Kim, with a reasonable expectation for success resulting in the rear portion of the welding glue deposition at least partially disposed at the water channel to provide an outlet for water collected in the water channel to provide effective water management.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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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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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 July 23, 2026
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