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
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner suggests referencing the rear of the vehicle and the roof of the vehicle in the title.
The disclosure is objected to because of the following informalities: paragraph 0046 states that “the second downwardly projecting ridge 102 is at least partially defined along the lower surface of the flat main section 64 and the concaved area 104 is at least partially defined along the lower surface of the rearwardly extending flange 70”. As best understood at least from figure 5, the concaved area 104 is at least partially defined along the lower surface of the flat main section 64, and the second downwardly projecting ridge 102 is at least partially defined along the lower surface of the rearwardly extending flange 70. Appropriate correction is required.
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, 2, 5-7, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shoda (US 4775181 A). Shoda discloses a vehicle body structure (figure 6), comprising:
(claim 1) a vehicle roof structure (including roof panel #1, rear header #5, roof side rail #6) that includes a rear roof bow (rear header #5) adjacent to a rear hatch door opening (opening for back door #2), the rear roof bow having a concaved area (generally downwardly stepped portion formed by rear header upper panel #10, rear header inner panel #11, hinge reinforcement #17) with a first hinge portion (portion including hinge reinforcement #17) located adjacent to the concaved area (figures 1-3, 7, 8);
an accessory panel (including peripheral frame #2a of the back door #2) having a second hinge portion (portion including hinge assembly #20) that couples to the first hinge portion (portion including hinge reinforcement #17) such that the accessory panel is pivotal between an open position and a stowed position (column 3, lines 19-40);
wherein in the open position the concaved area (generally downwardly stepped portion formed by rear header upper panel #10, rear header inner panel #11, hinge reinforcement #17) is exposed and in the closed position the concaved area is at least partially concealed (closed and concealed position can be seen in figure 8; when in the open position, back door frame #2a moves away from weather strip #24 and thus concaved area of rear header #5 would be exposed);
(claim 2) wherein the rear roof bow (#5) includes a downwardly projecting ridge (downwardly projection wall of rear header upper panel #10, rear header inner panel #11, and/or hinge reinforcement #17) that extends in a vehicle lateral direction adjacent to the concaved area (generally downwardly stepped portion formed by rear header upper panel #10, rear header inner panel #11, hinge reinforcement #17), the downwardly projecting ridge defining the first hinge portion (portion including hinge reinforcement #17; figures 7, 8);
(claim 5) wherein the first hinge portion (portion including hinge reinforcement #17) includes a pair of slots (openings #18, 19) spaced apart from one another by a first distance (figure 8; column 3, lines 34-36);
(claim 6) wherein the second hinge portion (portion including hinge assembly #20) includes a pair of non-planar projections (bolt members #21) spaced apart from one another by the first distance extending from one end of the accessory panel (#2a) such that the non-planar projections are inserted into corresponding ones of the pair of slots (#18, 19; figure 8; column 3, lines 34-36);
(claim 7) at least one accessory device (including hinge assembly #20) attached to the accessory panel (#2a) such that the at least one accessory device is accessible with the accessory panel in the open position and is at least partially concealed within the concaved area with the accessory panel in the closed position (closed and concealed position can be seen in figure 8; when in the open position, back door frame #2a moves away from weather strip #24 and thus hinge assembly #20 would be accessible);
(claim 10) at least one accessory device (including hinge assembly #20) attached to the rear roof bow (#5) that is accessible with the accessory panel (#2a) in the open position and is at least partially concealed with the accessory panel in the closed position (closed and concealed position can be seen in figure 8; when in the open position, back door frame #2a moves away from weather strip #24 and thus hinge assembly #20 would be accessible).
Claim(s) 1, 2, 7, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mori et al. (US 7290798 B2). Mori et al. discloses a vehicle body structure (figure 1), comprising:
(claim 1) a vehicle roof structure (including rear portion of roof #21 of vehicle #20) that includes a rear roof bow (rear roof rail #25a) adjacent to a rear hatch door opening (opening for rear door #26), the rear roof bow having a concaved area (generally downwardly stepped portion formed by rear roof rail #25a) with a first hinge portion (portion including weather strip #29) located adjacent to the concaved area (figures 5-7, 9, 11);
an accessory panel (roof headlining #24) having a second hinge portion (portion including rear end portion #24a) that couples to the first hinge portion (portion including weather strip #29) such that the accessory panel is pivotal between an open position (figures 6, 7) and a stowed position (figures 5, 9, 11; column 5, lines 5-25; column 6, lines 15-26);
wherein in the open position (figures 6, 7) the concaved area (generally downwardly stepped portion formed by rear roof rail #25a) is exposed and in the closed position (figures 5, 9, 11) the concaved area is at least partially concealed;
(claim 2) wherein the rear roof bow (#25a) includes a downwardly projecting ridge (rear wall of rear roof rail #25a receiving weather strip #29) that extends in a vehicle lateral direction adjacent to the concaved area (generally downwardly stepped portion formed by rear roof rail #25a), the downwardly projecting ridge defining the first hinge portion (portion including weather strip #29; figures 5-7, 9, 11);
(claim 7) at least one accessory device (including airbag #13 and/or inflator #12) attached to the accessory panel (#24) such that the at least one accessory device is accessible with the accessory panel in the open position (figures 6, 7) and is at least partially concealed within the concaved area with the accessory panel in the closed position (figures 5, 9, 11);
(claim 10) at least one accessory device (including airbag #13 and/or inflator #12) attached to the rear roof bow (#25a) that is accessible with the accessory panel (#24) in the open position (figures 6, 7) and is at least partially concealed with the accessory panel in the closed position (figures 5, 9, 11).
Claim(s) 1, 2, 7, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mori et al. (US 7290798 B2). In an alternative interpretation, Mori et al. discloses a vehicle body structure (figure 1), comprising:
(claim 1) a vehicle roof structure (including rear portion of roof #21 of vehicle #20) that includes a rear roof bow (rear roof rail #25a) adjacent to a rear hatch door opening (opening for rear door #26), the rear roof bow having a concaved area (generally downwardly stepped portion formed by rear roof rail #25a) with a first hinge portion (portion including weather strip #29 and/or hinge mechanism #27) located adjacent to the concaved area (figures 5-7, 9, 11);
an accessory panel (rear door #26) having a second hinge portion (portion including weather strip #29 and/or hinge mechanism #27) that couples to the first hinge portion (portion of rear roof rail #25a including weather strip #29 and/or hinge mechanism #27) such that the accessory panel is pivotal between an open position and a stowed position (column 5, lines 14-17);
wherein in the open position the concaved area (generally downwardly stepped portion formed by rear roof rail #25a) is exposed and in the closed position the concaved area is at least partially concealed (closed and concealed position can be seen in figures 5-7, 9, 11; when in the open position, rear door #26 moves away from weather strip #29 and thus concaved area of rear roof rail #25a would be exposed);
(claim 2) wherein the rear roof bow (#25a) includes a downwardly projecting ridge (rear wall of rear roof rail #25a receiving weather strip #29) that extends in a vehicle lateral direction adjacent to the concaved area (generally downwardly stepped portion formed by rear roof rail #25a), the downwardly projecting ridge defining the first hinge portion (portion including weather strip #29; figures 5-7, 9, 11);
(claim 7) at least one accessory device (including hinge mechanism #27) attached to the accessory panel (#26) such that the at least one accessory device is accessible with the accessory panel in the open position and is at least partially concealed within the concaved area (generally downwardly stepped portion formed by rear roof rail #25a) with the accessory panel in the closed position (closed and concealed position can be seen in figures 5-7, 9, 11; when in the open position, rear door #26 moves away from weather strip #29 and thus hinge mechanism #27 would be accessible; figures 5-7, 9, 11);
(claim 10) at least one accessory device (including hinge mechanism #27) attached to the rear roof bow (#25a) that is accessible with the accessory panel (#26) in the open position and is at least partially concealed with the accessory panel in the closed position (closed and concealed position can be seen in figures 5-7, 9, 11; when in the open position, rear door #26 moves away from weather strip #29 and thus hinge mechanism #27 would be accessible; figures 5-7, 9, 11).
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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoda (US 4775181 A) in view of Ito et al. (JP 2010179704 A; translation from EPO website attached). Shoda does not disclose wherein the at least one accessory device includes a seatbelt retraction device, or a seatbelt D-ring. Ito et al. teaches a rear vehicle body structure (including rear portion of roof #2 of vehicle #V; figure 1), comprising at least one accessory device includes a seatbelt retraction device (including retractor #11; figures 1-8) and a seatbelt D-ring (including anchor portion #16a of seatbelt anchor #16; figures 3, 5, 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle body structure of Shoda to include at least one accessory device includes a seatbelt retraction device and a seatbelt D-ring, as taught by Ito et al., so as to locate a seatbelt D-ring and seatbelt retractor in a space that does not negatively impact rearward visibility for occupants or convenience of the cargo area (Ito et al.: paragraphs 0024, 0046, 0051).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoda (US 4775181 A) in view of Watanabe (US 10378265 B2). Shoda does not disclose an electric motor connected to the rear door hinge structure (including hinge assembly #20). Watanabe teaches a vehicle body structure (including rear portion of vehicle body #103 of vehicle #100; figures 2A-3B), comprising at least one accessory device is an electric motor (including motor #2 of drive unit #10; figures 4-8) connected to a rear door hinge structure (including hinge #102; figures 2A-3B), the electric motor being operable to move a rear door (#101) from an open orientation (figures 3A, 3B) exposing a rear hatch door opening and a closed orientation (figures 2A, 2B) covering the rear hatch door opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle body structure of Shoda to include an electric motor, as taught by Watanabe, so as to provide the added convenience and efficiency of an electrically powered back door that can be automatically operated (discussed throughout Watanabe), and providing a mechanical or automatic means to replace manual activity which has accomplished the same results involves only routine skill in the art (MPEP 2144.04 (III)).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 7290798 B2) in view of Ito et al. (JP 2010179704 A; translation from EPO website attached). Neither interpretation of Mori et al. discloses wherein the at least one accessory device includes a seatbelt retraction device, or a seatbelt D-ring. Ito et al. teaches a rear vehicle body structure (including rear portion of roof #2 of vehicle #V; figure 1), comprising at least one accessory device includes a seatbelt retraction device (including retractor #11; figures 1-8) and a seatbelt D-ring (including anchor portion #16a of seatbelt anchor #16; figures 3, 5, 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle body structure of Mori et al. to include at least one accessory device includes a seatbelt retraction device and a seatbelt D-ring, as taught by Ito et al., so as to locate a seatbelt D-ring and seatbelt retractor in a space that does not negatively impact rearward visibility for occupants or convenience of the cargo area (Ito et al.: paragraphs 0024, 0046, 0051).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 7290798 B2) in view of Watanabe (US 10378265 B2). Neither interpretation of Mori et al. discloses an electric motor connected to the rear door hinge structure (including hinge mechanism #27). Watanabe teaches a vehicle body structure (including rear portion of vehicle body #103 of vehicle #100; figures 2A-3B), comprising at least one accessory device is an electric motor (including motor #2 of drive unit #10; figures 4-8) connected to a rear door hinge structure (including hinge #102; figures 2A-3B), the electric motor being operable to move a rear door (#101) from an open orientation (figures 3A, 3B) exposing a rear hatch door opening and a closed orientation (figures 2A, 2B) covering the rear hatch door opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle body structure of Mori et al. to include an electric motor, as taught by Watanabe, so as to provide the added convenience and efficiency of an electrically powered back door that can be automatically operated (discussed throughout Watanabe), and providing a mechanical or automatic means to replace manual activity which has accomplished the same results involves only routine skill in the art (MPEP 2144.04 (III)).
Allowable Subject Matter
Claims 3 and 4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the allowable subject matter of claim 3 is the slots being defined along the downwardly projecting ridge, in combination with other features of claim 3 and preceding claims 1 and 2. Shoda (US 4775181 A) discloses wherein the first hinge portion (portion including hinge reinforcement #17) includes a pair of slots (openings #18, 19) spaced apart from one another by a first distance (figure 8), but does not disclose the slots being defined along the downwardly projecting ridge (downwardly projection wall of rear header upper panel #10, rear header inner panel #11, and/or hinge reinforcement #17; figures 8, 9). Mori et al. (US 7290798 B2) does not disclose slots defined on the downwardly projecting ridge (rear wall of rear roof rail #25a receiving weather strip #29) of the first hinge portion (portion of rear roof rail #25a including weather strip #29; figures 5-7, 9, 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses rear vehicle roof structures. Of specific note:
Kobayashi (US 6854766 B2), Lee (US 7377550 B2), Amano (US 7819429 B2), Okamoto (US 11285912 B2), Kobori et al. (US 11572032 B2), (JP 3680534 B2), (JP 5499134 B2), (JP 5585435 B2), Hirata (JP 2000095061 A), Nakajima et al. (JP 2001191898 A), Iketani et al. (JP 2002362308 A), and Ito et al. (US 8336914 B2) each disclose a rear vehicle roof structure with a concealed location for seatbelt anchor components;
Lathwesen (US 9186965 B2), Omori et al. (US 7144066 B2), and Sitzler et al. (US 9103154 B2) each disclose a powered rear hatch door with a specific space to accommodate a drive mechanism to power the hatch door;
May et al. (US 2008/0122239 A1) discloses a vehicle overheard console storage space.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
Prosecution Insights