DETAILED ACTION
This action is a first action on the merits. The claims filed on October 1, 2024 have been entered. Claims 1-20 are pending and addressed below.
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 .
Information Disclosure Statement
The information disclosure statement filed on October 1, 2024 has been considered by the Examiner.
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 the recitation of “Embodiments described herein” in line 1 is considered to be an implied phrase. 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 § 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 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mellary et al., US 2010/0269412 (hereinafter Mellary)
Claim 1: Mellary discloses a window assembly (backlite assembly 10, as shown in Fig 1), comprising:
a fixed panel (first and second fixed windows 25a and 25b) defining a front side (exterior side of 25a, 25b), a back side (interior side of 25a, 25b), and a perimeter (periphery of backlite assembly 169) having a top edge (top edge of 169), a bottom edge opposite the top edge (bottom edge of 169), a first side edge (left side edge, see Fig 2), and a second side edge (right side edge, see Fig 2) opposite the first side edge (as shown in Fig 2) (see par [0039]);
a moving panel (movable window 14) that slides with respect to the fixed panel (25a, 25b) in a direction between the first side edge and the second side edge (movable window 14 slides between a closed position in Fig 2 and an open position not shown, par [0025]), the moving panel (14) and the fixed panel (25a, 25b) forming a rear sliding window for a vehicle (backlite assembly 10 for vehicle such as truck, abstract);
a motor (motor assembly 30) mounted to the fixed panel (25a) in a direction between the first side edge and the second side edge (top and bottom edge of periphery 169, as seen in Fig 2); and a
drive components (sliding mechanism 11 includes belt 45 and bushings 40a, 40b) operable by the motor (30) to slide the moving panel (18) (see Fig 1-3, par [0032]).
Claim 14: Mellary discloses a window assembly (backlite assembly 10, as shown in Fig 1), comprising:
a fixed panel (first and second fixed windows 25a and 25b) defining a front side (exterior side of 25a, 25b), a back side (interior side of 25a, 25b), and a perimeter (periphery of backlite assembly 169) having a top edge (top edge of 169), a bottom edge opposite the top edge (bottom edge of 169), a first side edge (left side edge, see Fig 2), and a second side edge (right side edge, see Fig 2) opposite the first side edge (as shown in Fig 2) (see par [0039]);
a moving panel (movable window 14) that moves with respect to the fixed panel (25a, 25b) in a direction between the first side edge and the second side edge (movable window 14 slides between a closed position in Fig 2 and an open position not shown, par [0025]), the moving panel (14) and the fixed panel (25a, 25b) forming a rear sliding window for a vehicle (backlite assembly 10 for vehicle such as truck, abstract);
a motor (motor assembly 30) mounted to the fixed panel (25a) between the top edge and the bottom edge (top and bottom edge of periphery 169, as seen in Fig 2); and
drive components (sliding mechanism 11 includes belt 45 and bushings 40a, 40b) operable by the motor (30) to slide the moving panel (18) (see Fig 1-3, par [0032]),
wherein the window assembly (10) has a shipping condition, in which the window assembly is shipped, and an install condition, in which the window assembly (10) is installed to a vehicle, wherein the shipping condition and the install condition are substantially identical (backlite assemblies described can be assembled substantially fully and can be shipped from the manufacturer to the OEM for installation in a vehicle, they can be kept in their assembled state and inserted into the window opening in one piece, par [0043]).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dufour et al., US 2008/0229667 (hereinafter Dufour).
Claim 1: Dufour discloses a window assembly (as shown in Fig 1), comprising:
a fixed panel (fixed panels 12) defining a front side (exterior side of fixed panels 12), a back side (interior side of fixed panels 12), and a perimeter (frame 16) having a top edge (top edge of 16), a bottom edge opposite the top edge (bottom edge of 16), a first side edge (left side edge, Fig 1), and a second side edge (right side edge, Fig 1) opposite the first side edge (as shown in Fig 1);
a moving panel (center or slider panel 18) that slides with respect to the fixed panel (12) in a direction between the first side edge (left edge of 12) and the second side edge (right edge of 12) (slider panel moves right to left and left to right to open and close opening 14).
a motor (electrically powered drive assembly 20) mounted to the fixed panel (12) between the top edge and the bottom edge (as seen in Fig 1-3); and
drive components (drive gear 30, drive rack 26, par [0032]) operable by the motor to slide the moving panel (18) (see Fig 1-3, par [0032]).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-5 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Dery et al., US 2007/0277442 (hereinafter Dery).
Claim 2: Dufour fails to disclose wherein the drive components include:
rails attached to the back side, the rails including a top rail adjacent to the top edge and a bottom rail adjacent to the bottom edge, wherein the moving panel slides along the rails; and
cables connected to the motor and the moving panel, the cables including a top cable disposed within the top rail and a bottom cable disposed within the bottom rail, wherein the motor operates the cables in a push-pull manner to slide the moving panel along the rails.
Dery discloses a motorized in-line sliding window (see abstract) wherein the drive components include:
rails (upper and lower slide rails 12, 12’) attached to the back side (slide rails 12, 12’ retained within the horizontal stiles 9, 9’), the rails including a top rail adjacent to the top edge (upper slide rail 12 is located adjacent the top edge of window frame 11) and a bottom rail adjacent to the bottom edge (lower slide rail 12’ is located adjacent the top edge of window frame 11), wherein the moving panel (displaceable window panel 15) slides along the rails (12, 12’) (see Fig 1, par [0017]); and
cables (flexible cables 19, 19’) connected to the motor (drive motor 18) and the moving panel (15), the cables including a top cable (flexible cable 19) disposed within the top rail (located within channel of upper slide rail 12, par [0025]) and a bottom cable (flexible cable 19’) disposed within the bottom rail (located within channel of lower slide rail 12, par [0025]), wherein the motor (18) operates the cables in a push-pull manner to slide the moving panel along the rails (drive motor 18 displaces flexible attachment means, herein provided by flexible cables 19 and 19, par [0019], cable 19, 19’can be displaced longitudinally by the rotation of the sprocket disc 27 of motor 18, par [0021], [0026]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to substitute drive components of Dufour for the drive components as disclosed by Dery as the results of the substation would have been predictable and provided a manner in which to open and close the moving panel. Further, Dufour discloses that any other suitable type of drive components (drive system) can be alternatively used such as for example a cable (Dufour, par [0032]).
Claim 3: Dufour, as modified Dery, discloses wherein the cables (flexible cables 19, 19’) pass through the motor housing (housing at 18) (Dery, flexible cables 19 and 19' are connected at one end to a sprocket disc gear 27 of the electric motor 18) and extend toward the rails (12. 12’) substantially following the perimeter (frame 11) and offset from the perimeter (Dery, see Fig 1-2, 8, par [0017], [0023], [0025]).
Claim 4: Dufour, as modified Dery, discloses a cover (Dufour, motor cover 50) attached to the back side between the fixed panel (interior side of fixed panels 12) and the motor (Dufour, electrically-powered drive assembly 20), wherein the cover (50) substantially blocks viewing of at least one of the motor (20) and the drive components through the front side (Dufour, exterior side of fixed panels 12) (Dufour, cover 50 encloses the drive motor 28, drive gear 30, and the gear box 38, Fig 1-2, 8, par [0034], as such the cover 50 would block view of at least the motor from the front side).
Claim 5: Dufour, as modified Dery, discloses further comprising a cover (Dufour, 50) that blocks visibility through a portion of the fixed panel (12) (Dufour, cover 50 encloses the drive motor 28, drive gear 30, and the gear box 38, Fig 1-2, 8, par [0034], as such the cover 50 would block visibility through the fixed panel), wherein the cover (Dufour, 50) defines a cover edge offset from the perimeter (Dufour, edge of cover 50 is offset from frame 16), and wherein an area between the cover edge (Dufour, edge of cover 50) and at least one of the first side edge (left side) and the second side edge (right side) defines a packaging space for the motor (28) to be mounted to the fixed panel (12) (Dufour, cover 50 encloses the drive motor 28, drive gear 30, and the gear box 38, Fig 1-2, 8, par [0034]).
Claim 8: Dufour discloses a window assembly (as shown in Fig 1), comprising:
a fixed panel (fixed panels 12) defining a front side (exterior side of fixed panels 12), a back side (interior side of fixed panels 12), and a perimeter (frame 16) having a top edge (top edge of 16), a bottom edge opposite the top edge (bottom edge of 16), a first side edge (left side edge, Fig 1), and a second side edge (right side edge, Fig 1) opposite the first side edge (as shown in Fig 1);
a moving panel (center or slider panel 18) that slides with respect to the fixed panel (12) in a direction between the first side edge (left edge of 12) and the second side edge (right edge of 12) (slider panel moves right to left and left to right to open and close opening 14).
a motor (electrically powered drive assembly 20) housed in a motor housing (cover 50) that is adhered to t the fixed panel (12) between the top edge and the bottom edge (as seen in Fig 1-3); and
drive components (drive gear 30, drive rack 26, par [0032]) operable by the motor to slide the moving panel (18) (see Fig 1-3, par [0032]).
Dufour fails to disclose the drive components including rails and cables, the cables being operable by the motor to slide the moving panel along the rails.
Dery discloses a motorized in-line sliding window (see abstract) wherein the drive components include:
rails (upper and lower slide rails 12, 12’) and cables (flexible cables 19, 19’), the cables being operable by the motor (drive motor 18) to slide the moving panel (15) along the rails (drive motor 18 displaces flexible attachment means, herein provided by flexible cables 19 and 19, par [0019], cable 19, 19’can be displaced longitudinally by the rotation of the sprocket disc 27 of motor 18, par [0021], [0026]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to substitute drive components of Dufour for the drive components or rails and cables as disclosed by Dery as the results of the substitution would have been predictable and provided a manner in which to open and close the moving panel. Further, Dufour discloses that any other suitable type of drive components (drive system) can be alternatively used such as for example a cable (Dufour, par [0032]) and one of ordinary skill would have been cable of making the substitution.
Claim 9: Dufour, as modified by Dery discloses wherein the rails are attached (upper and lower slide rails 12, 12’) attached to the back side (slide rails 12, 12’ retained within the horizontal stiles 9, 9’), and include a top rail adjacent to the top edge (upper slide rail 12 is located adjacent the top edge of window frame 11) and a bottom rail adjacent to the bottom edge (lower slide rail 12’ is located adjacent the top edge of window frame 11), wherein the moving panel (displaceable window panel 15) is supported within the rails (12, 12’) (see Fig 1, par [0017]); and
wherein the cables (flexible cables 19, 19’) are attached to the motor (drive motor 18) and the moving panel (15), and include a top cable (flexible cable 19) disposed within the top rail (located within channel of upper slide rail 12, par [0025]) and a bottom cable (flexible cable 19’) disposed within the bottom rail (located within channel of lower slide rail 12, par [0025]), wherein the motor (18) operates the cables in a push-pull manner to slide the moving panel along the rails (drive motor 18 displaces flexible attachment means, herein provided by flexible cables 19 and 19, par [0019], cable 19, 19’ can be displaced longitudinally by the rotation of the sprocket disc 27 of motor 18, par [0021], [0026]).
Claim 10: Dufour, as modified by Dery discloses further comprising substantially rigid tubes (Dery, guide tubes 50) that house the cables and that extend between the motor housing (Dery, 18) and the rails (12, 12’), following the perimeter (Dufour, frame 16, Dery, frame 11) and offset from the perimeter (11) (see Dery, Fig 1, 9, par [0026]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Galer, US 2004/0134131 (hereinafter Galer).
Claim 6: Dufour further discloses wherein the fixed panel (Dufour, 12, 12) and the moving panel (Dufour, 18) form a rear sliding window for a vehicle (slider window assembly 10), and further comprising a cover (frame 16) that divides a viewing area of the fixed panel (12, 12) into at least one trapezoidal window (fixed panels 12, 12, are trapezoidal), wherein an area between the window (12, 12) and one of the first side edge and the second side edge (left and right sides of frame 16) creates packaging space (at mounting bracket 44) for the motor to be mounted to the fixed panel (mounting bracket 44 to enclose the drive motor 28 and fixed to a fixed panel 12).
Dufour fails to disclose at least one rectangular window and one trapezoidal window, wherein an area between the rectangular window and one of the first side edge and the second side edge creates packaging space for the motor to be mounted to the fixed panel, and wherein the trapezoidal window is on a passenger side of the vehicle for increased visibility, for a driver of the vehicle, through the fixed panel.
Galer discloses a vehicular rear window assembly for a vehicle. The window assembly includes at least two fixed windows (fixed panes 14, 16). The fixed windows are generally trapezoidal in shape but alternatively may be substantially rectangular-shaped or triangular-shaped, or other shape depending on the application (par [0058]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the window assembly of Dufour to include at least one rectangular window and one trapezoidal window as suggested by Galer, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Galer. Further, one of ordinary skill in the art would have recognized that applying the known technique of a trapezoidal window on a passenger side of the vehicle would necessarily have provided increased visibility, for a driver of the vehicle, through the fixed panel.
Claim(s) 7, 12-15, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Mellary.
Claim 7: Dufour is silent as to further comprising an attachment indication on the back side substantially following the perimeter and offset from the perimeter, wherein the window assembly is shipped with the motor and drive components provided on the fixed panel within the attachment indication.
Mellary discloses wherein the window assembly (backlite assembly 10) is shipped with the motor (motor 100) and drive components (worn gear 101, output gear 102, drive sprocket 103, par [0026]) provided on the fixed panel (first and second fixed windows 25a, 25b) within the attachment indication (backlite assemblies described can be assembled substantially fully and can be shipped from the manufacturer to the OEM for installation in a vehicle, they can be kept in their assembled state and inserted into the window opening in one piece, par [0043]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the window assembly of Dufour to be shipped with the motor and drive components as disclosed by Mellary, as one of ordinary skill in the art would have understood that applying the known technique of a shipping the window assembly with the motor and drive components provided on the fixed panel install condition would have yielded the predictable results of shipping and installation of the window assembly with relatively little work (Mellary, par [0043]).
Dufour, as modified by Mellary, is silent as to an attachment indication on the back side substantially following the perimeter and offset from the perimeter.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, for the window assembly of Dufour and Mellary. to have an attachment indication on the back side substantially following the perimeter and offset from the perimeter, as one of ordinary skill in the art would have recognized that attaching the window assembly to the vehicle by inserting the backlite assembly into the window opening in a single piece as disclosed by Mellary would have necessarily required an attachment indication offset from the permit of the backlite assembly in order to affix the backlite assembly into the window opening (Mellary, par [0043]).
Claim 12: Dufour, as modified by Mellary, discloses further comprising a cover (Dufour, 50) that blocks visibility through a portion of the fixed panel (12) (Dufour, cover 50 encloses the drive motor 28, drive gear 30, and the gear box 38, Fig 1-2, 8, par [0034], as such the cover 50 would block visibility through the fixed panel), wherein the cover (Dufour, 50) defines a cover edge offset from the perimeter (Dufour, edge of cover 50 is offset from frame 16), and wherein an area between the cover edge (Dufour, edge of cover 50) and at least one of the first side edge (left side) and the second side edge (right side) defines a packaging space for the motor (28) to be mounted to the fixed panel (12) (Dufour, cover 50 encloses the drive motor 28, drive gear 30, and the gear box 38, Fig 1-2, 8, par [0034]).
Claim 13: Mellary further discloses wherein the window assembly (backlite assembly 10) is shipped with the motor (motor 100) and drive components (worn gear 101, output gear 102, drive sprocket 103, par [0026]) provided on the fixed panel (first and second fixed windows 25a, 25b) within the attachment indication (backlite assemblies described can be assembled substantially fully and can be shipped from the manufacturer to the OEM for installation in a vehicle, they can be kept in their assembled state and inserted into the window opening in one piece, par [0043]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the window assembly of Dufour to be shipped with the motor and drive components as disclosed by Mellary, as one of ordinary skill in the art would have understood that applying the known technique of a shipping the window assembly with the motor and drive components provided on the fixed panel install condition would have yielded the predictable results of shipping and installation of the window assembly with relatively little work (Mellary, par [0043]).
Dufour, as modified by Mellary, is silent as to an attachment indication on the back side substantially following the perimeter and offset from the perimeter.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, for the window assembly of Dufour and Mellary. to have an attachment indication on the back side substantially following the perimeter and offset from the perimeter, as one of ordinary skill in the art would have recognized that attaching the window assembly to the vehicle by inserting the backlite assembly into the window opening in a single piece as disclosed by Mellary would have necessarily required an attachment indication offset from the permit of the backlite assembly in order to affix the backlite assembly into the window opening (Mellary, , par [0043]).
Claim 14: Dufour discloses a window assembly (as shown in Fig 1), comprising:
a fixed panel (fixed panels 12) defining a front side (exterior side of fixed panels 12), a back side (interior side of fixed panels 12), and a perimeter (frame 16) having a top edge (top edge of 16), a bottom edge opposite the top edge (bottom edge of 16), a first side edge (left side edge, Fig 1), and a second side edge (right side edge, Fig 1) opposite the first side edge (as shown in Fig 1);
a moving panel (center or slider panel 18) that moves with respect to the fixed panel 12) in a direction between the first side edge (left edge of 12) and the second side edge (right edge of 12) (slider panel moves right to left and left to right in order to open and close opening 14), the moving panel (18) and the fixed panel (12) forming a rear sliding window for a vehicle (as seen in Fig 1, abstract);
a motor (electrically-powered drive assembly 20) mounted to the fixed panel (12) between the top edge and the bottom edge (as seen in Fig 3); and
drive components (drive gear 30, drive rack 26, par [0032]) operable by the motor to slide the moving panel (18) (see Fig 1-3, par [0032]),
Dufour is silent as to wherein the window assembly has a shipping condition, in which the window assembly is shipped, and an install condition, in which the window assembly is installed to a vehicle, wherein the shipping condition and the install condition are substantially identical.
Mellary discloses a backlite window assembly (10) (see Fig 2) has a shipping condition, in which the window assembly is shipped, and an install condition, in which the window assembly (10) is installed to a vehicle, wherein the shipping condition and the install condition are substantially identical (backlite assemblies described can be assembled substantially fully and can be shipped from the manufacturer to the OEM for installation in a vehicle, they can be kept in their assembled state and inserted into the window opening in one piece, par [0043]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the window assembly of Dufour to have a shipping condition and an install condition which are which are substantially identical as disclosed by Mellary, as one of ordinary skill in the art would have understood that applying the known technique of a shipping condition substantially identical to an install condition would have yielded the predictable results of shipping and installation of the window assembly with relatively little work (Mellary, par [0043]).
Claim 15: Dufour, as modified by Mellary, discloses wherein, in the shipping condition and the install condition, the motor (30) and the drive components (Mellary, worn gear 101, output gear 102, drive sprocket 103, par [0026]) are provided on the fixed panel (Mellary, first and second fixed windows 25a, 25b) (Mellary, backlite assemblies described can be assembled substantially fully and can be shipped from the manufacturer to the OEM for installation in a vehicle, they can be kept in their assembled state and inserted into the window opening in one piece, par [0043])
Dufour, as modified by Mellary, are silent as to the motor and drive components provided on the fixed panel within an attachment indication that is located on the back side, substantially follows the perimeter, and is offset from the perimeter.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, for the window assembly of Dufour and Mellary. to have an attachment indication on the back side substantially following the perimeter and offset from the perimeter, as one of ordinary skill in the art would have recognized that attaching the window assembly to the vehicle by inserting the backlite assembly into the window opening in a single piece as disclosed by Mellary would have necessarily required an attachment indication offset from the permit of the backlite assembly in order to affix the backlite assembly into the window opening (Mellary, par [0043]).
Claim 17: Dufour, as modified by Mellary, discloses the install condition does not require an installer to handle the motor or route the drive components during installation of the window assembly to the vehicle (Mellary, backlite assemblies described can be assembled substantially fully and can be shipped from the manufacturer to the OEM for installation in a vehicle, they can be kept in their assembled state and inserted into the window opening in one piece, par [0043], and therefore would necessarily not require and installer to handle the motor or route the drive components as they are already assembled substantially fully).
Claim 18: Dufour, as modified by Mellary, discloses further comprising a wire harness (Dufour, power cable or wire 36, par [0031]) that electrically connects the motor (20) to the vehicle (extending downward through the frame 16 and into the vehicle structure to the vehicle power source, par [0031]), wherein the wire harness (36) is attached to the fixed panel (12) within the perimeter in the shipping condition (Dufour, Fig 1, Mellary, Fig 9).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Mellary as applied to claim 8, and further in view of Cicala, US 2009/0113802 (hereinafter Cicala).
Claim 11: Dufour, as modified Mellary, discloses further comprising a cover (Dufour, motor cover 50) attached to the back side between the fixed panel (interior side of fixed panels 12) and the motor (Dufour, electrically-powered drive assembly 20), wherein the cover (50) substantially blocks viewing of at least one of the motor (20) and the drive components through the front side (Dufour, exterior side of fixed panels 12) (Dufour, cover 50 encloses the drive motor 28, drive gear 30, and the gear box 38, Fig 1-2, 8, par [0034], as such the cover 50 would block view of at least the motor from the front side).
Dufour, as modified Mellary, fails to disclose the cover attached to the back side between the fixed panel and the motor and wherein the cover is a ceramic film.
Cicala discloses further comprising a cover (opaque ceramic frit layer or coating my cover all or a portion of the moving glazing panel 16) attached to the back side between the fixed panel and the interior of the vehicle, wherein the cover substantially blocks viewing of components through the front side, and wherein the cover is a ceramic film (frit layer provides an appearance of depth and richness which blends with surrounding painted or glass surfaces of the motor vehicle 12 and/or hides and conceals components mounted to the moving glazing panel 16 within the motor vehicle 12, par [0042]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the cover of the window assembly of Dufour and Mellary with the ceramic film cover as disclosed by Cicala to block the viewing of components through the front side as one of ordinary skill in the art would have recognizes that applying the known technique of a ceramic film cover would have yielded the predictable results of hiding components mounted to the fixed panel thereby resulting in an improved window assembly appearance (Cicala, par [0042]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Mellary as applied to claim 15, and further in view of Hulst et al., US 2015/0167372 (hereinafter Hulst).
Claim 16: Dufour, as modified by Mellary, fails to disclose wherein the attachment indication is a guide for placing adhesive on the fixed panel, and wherein the attachment indication substantially aligns with a body flange of the vehicle such that the fixed panel is adhered to the body flange during installation.
Hulst discloses glass windows are assembled in corresponding opening in the body of a vehicle (par [0002], [0020]). An attachment indication (location of urethane or other adhesives) is a guide for placing adhesive on the fixed panel (glass is applied to the flange using urethane or other adhesives), and wherein the attachment indication substantially aligns with a flange (glass flange 114) of the vehicle such that the fixed panel is adhered to the body flange during installation (body has a glass flange around the opening that the glass is attached to, flange is shaped to receive the glass and the glass is applied to the flange using urethane or other adhesives, par [0002], [0020]).It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the window assembly of Dufour and Mellary to include to include a body flange for aligning the attachment indication with adhesive such that the fixed panel is adhered to the vehicle during installation as disclosed by Hulst as one of ordinary skill in the art would have recognized that applying the known techniques of adhesive and a flange to the window assembly would have yielded the predictable results of affixing the window assembly to the vehicle body (Hulst, par [0002], [0020]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Mellary as applied to claim 14, and further in view of Kishino, US 4,511,129 (hereinafter Kishino).
Claim 19: Dufour, as modified by Mellary, is silent as to wherein, when the fixed panel is installed to the vehicle, the motor is substantially hidden from a view of an occupant of the vehicle by a C-pillar garnish of the vehicle.
Kishino discloses that it is known to provide a pillar garnish on a pillar to improve the external appearance (col 1, ln 22-23).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the window assembly of Dufour, as modified by Mellary to include the motor is substantially hidden from a view of an occupant of the vehicle by a C-pillar garnish of the vehicle as one of ordinary skill in the art would have recognized that applying the known technique of a garnish as disclosed by Kishino would have yielded the predictable results of improving the external appearance by hiding the motor from a view of an occupant assembly.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dufour in view of Mellary as applied to claim 14, and further in view of Dery.
Claim 20: Dufour, as modified by Mellary, fails to disclose wherein the drive components include: a rail attached to the back side adjacent to the bottom edge, wherein the moving panel is mounted within the rail; and
a cable attached to the motor and the moving panel adjacent to the bottom edge, wherein the motor operates the cable to slide the moving panel along the rail, wherein the rail and the cable are substantially hidden from a view of an occupant of the vehicle by one or more rear seats of the vehicle.
Dery discloses a motorized in-line sliding window (see abstract) wherein the drive components include:
a rail (lower slide rails 12’) attached to the back side (slide rails 12, 12’ retained within the horizontal stiles 9, 9’) adjacent to the bottom edge (lower slide rail 12’ is located adjacent the top edge of window frame 11), wherein the moving panel (displaceable window panel 15) is mounted within the rails; and
a cable (flexible cables 19’) attached to the motor (drive motor 18) and the moving panel (15) adjacent to the bottom edge (as seen in Fig 3), wherein the motor (18) operates the cable (19’) to slide the moving panel (15) along the rail (12’), wherein the rail (12’) and the cable (19’).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to substitute drive components of Dufour for the drive components as disclosed by Dery as the results of the substation would have been predictable and provided a manner in which to open and close the moving panel. Further, Dufour discloses that any other suitable type of drive components (drive system) can be alternatively used such as for example a cable (Dufour, par [0032]).
Dufour, Mellary, and Dery are silent as to wherein the rail and the cable are substantially hidden from a view of an occupant of the vehicle by one or more rear seats of the vehicle.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, for the rail and the cable to be substantially hidden from a view of an occupant of the vehicle by one or more rear seats of the vehicle, as the rail and cable are part of the window assembly (10) located at the rear of the vehicle, and one of ordinary skill in the art would understand that the window assembly would necessarily be blocked by the one or more rear seats of the vehicle thereby hiding the rail and cable from the vehicle occupants (see Dufour, Fig 1, Dery, Fig 1).
Conclusion
Claims 1-20 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
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