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 § 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 1-4, 6, 8-12, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grasso (US Pub. No. 2014/0352096).
Regarding claim 1, Grasso discloses: a wiper blade (Figures 1-10 and see also paragraph 0061) for a windshield wiper arrangement (10) (see Figure 1), comprising:
a base body (2) (element 6) which extends along a longitudinal direction (25) (see figures 1 and 4 annotated below Detail A),
a heating element (3) (elements 1/15), which is configured to heat the wiper blade (1) (see paragraph 0072), wherein the base body (2) comprises a fastening rail (4) (elements 6a/6b) having a fastening groove (5) (see figure 4 showing long narrow channel having an empty space where the heating element (elements 1/15) resides within), in which the heating element (3) can be fastened (see figure 4),
wherein the fastening groove (5) is open on one side in an opening direction (26) (see figure 4 annotated below Detail B) orthogonal to the longitudinal direction (25) (see figure 4 annotated below), and
wherein the fastening rail (4) comprises fastening arms (41) (see figure 4 annotated below Detail C) configured to retain the heating element (3) in the fastening groove (5) (see figure 4 annotated below).
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Regarding claim 2, Grasso discloses: the wiper blade according to claim 1, wherein the fastening arms (41) of the fastening rail (4) are configured to exert a clamping force (49) on the heating element (3) when fastened in the fastening groove (5) (Giving that the prior art discloses the fastening arms (see figure 4 annotated above Detail C) fastening portions of the heating element (elements 1/15) in the fastening groove, and giving that there is no additional structure or structural difference, thus the prior art would be capable of having the fastening arms exert a clamping force on the heating element when fastened in the fastening groove, as recited.).
Regarding claim 3, Grasso discloses: the wiper blade according to claim 1, wherein the heating element (3) comprises a support element (31) (element 1) and a heating wire (32) (element 15 and see also paragraph 0073 where the prior art discloses element 15 as a “heating wire”).
Regarding claim 4, Grasso discloses: the wiper blade according to claim 3, wherein the support element (31) comprises a support groove (31a) (see figure 9 annotated below Detail A), in which the heating wire (32) is fastened (see figure 4).
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Regarding claim 6, Grasso discloses: the wiper blade according to claim 1, wherein the heating element (3) includes a flat bar-shaped geometry (see figure 1 showing a portion (middle portion of element 1) of the heating element (elements 1/15) including a flat bar-geometry).
Regarding claim 8, Grasso discloses: the wiper blade according to claim 1, wherein the fastening arms (41) are configured to be elastically resilient (see paragraph 0065 where the prior art discloses element 6 (body) which comprises the fastening arms (see figure 4 annotated above Detail C) is made of “elastomer” which is well known in the art to be elastically resilient), so that the heating element (3) can be removed from the fastening groove (5) along the opening direction (26) by elastic deformation of the fastening arms (41) and can be inserted into the fastening groove (5) (Giving that the prior art discloses the fastening arms (see figure 4 annotated above Detail C) being elastomer (see paragraph 0065) and giving that there is no additional structure or structural difference, thus the prior art would be capable of having the fastening arms be elastically resilient, so that the heating element can be removed from the fastening groove along the opening direction by elastic deformation of the fastening arms and can be inserted into the fastening groove, as recited.).
Regarding claim 9, Grasso discloses: the wiper blade according to claim 1, wherein the base body (2) is configured as a single component that is integral with the fastening rail (4) and the fastening arms (41) (see figure 4).
Regarding claim 10, Grasso discloses: the wiper blade according to claim 1, wherein the base body (2) comprises a backbone region (6) (see figure 4 annotated below Detail A) having at least one backbone element (61) (element 3) along the opening direction (26) adjacent to the fastening rail (4) (see figure 4 annotated below).
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Regarding claim 11, Grasso discloses: the wiper blade according to claim 1, further comprising a wiper lip (7) (element 5) extending along the longitudinal direction (26) (see figure 1 annotated above on page 3).
Regarding claim 12, Grasso discloses: the wiper blade according to claim 1, further comprising at least one fluid channel (8) (elements 7a/7b and see also paragraph 0069) in the base body (2) (see figure 4) for supplying fluid to a windshield washer device (11) (see paragraphs 0069/0071).
Regarding claim 15, Grasso discloses: the wiper blade according to claim 4, wherein the heating wire (32) is fastened in the support groove (31a) by a clamp connection (see figure 5 showing the heating wire (element 15) fastened in the support groove (see figure 9 annotated above Detail A) in the form of a clamp connection).
Regarding claim 16, Grasso discloses: the wiper blade according to claim 6, wherein the heating element (3) has an oval cross-section (see figure 3 showing a front portion (element 15) of the heating element (elements 1/15) in an oval shape, thus would necessarily have an oval cross-section).
Regarding claim 17, Grasso discloses: the wiper blade according to claim 2, wherein the heating element (3) includes a flat bar-shaped geometry (see figure 1 showing a portion (middle portion of element 1) of the heating element (elements 1/15) including a flat bar-geometry).
Regarding claim 18, Grasso discloses: the wiper blade according to claim 17, wherein the heating element (3) has an oval cross-section (see figure 3 showing a front portion (element 15) of the heating element (elements 1/15) in an oval shape, thus would necessarily have an oval cross-section).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Grasso (US Pub. No. 2014/0352096).
Regarding claim 5, Grasso discloses: the wiper blade according to claim 4, wherein the heating wire (32) extends within the support grooves (31a) (see figure 4 annotated below) around a circumference of the support element (31) (see figure 1 annotated below showing portions of the heating wire (element 15) extending around a circumference portion (Detail A) of the support element (element 1)).
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Furthermore, Grasso discloses alternate embodiments of the support element (see figures 14-19), but appears to be silent wherein the support element (31) comprises opposing support grooves (31a) open in opposite directions.
Grasso alternate embodiment (Figure 1) discloses a wiper blade comprising a base body (element 27) and a heating element (elements 3 and see figure 16 annotated below Detail A) comprising a support element (element 3) having support grooves (see figure 16 annotated below Detail B) and a heating wire (see figure 16 annotated below Detail A). Grasso alternate embodiment further teaches wherein the support element (31) comprises opposing support grooves (31a) open in opposite directions (see figure 16 annotated below showing one of the support grooves (left support groove of Detail B) having an open side on towards the right direction and the other of the support grooves (right support groove of Detail B) having an open side on towards the left direction, thus comprising opposing support grooves open in opposite directions).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Grasso to incorporate the teachings of Grasso alternate embodiment to provide wherein the support element (31) comprises opposing support grooves (31a) open in opposite directions. One of ordinary skill in the art would recognize that having the support element openings at a desired orientation including the open in opposite directions would necessarily allow the support element to continue to function as intended in order to continuously secure the heating wiper within the wiper blade, thus preventing the heating wire from falling off and being damaged during operations.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Grasso (US Pub. No. 2014/0352096) in view of Holland (US Patent No. 5,749,118).
Regarding claim 7, Grasso discloses all the limitations as stated in the rejection of claim 1, but appears to be silent wherein the heating element (3) is at least partially made of an electrically conductive material having an electrical resistance which has a positive temperature coefficient.
Holland is also concern in providing a wiper blade (Figures 1-5 element 1 and see also col. 3, ll. 1-3) comprising a base body (element 60) and a heating element (element 70 and see also col. 3, ll. 4-5). Holland further teaches wherein the heating element (3) is at least partially made of an electrically conductive material (element 75) having an electrical resistance which has a positive temperature coefficient (see col. 3, ll. 44-60).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Grasso to incorporate the teachings of Holland to provide wherein the heating element (3) is at least partially made of an electrically conductive material having an electrical resistance which has a positive temperature coefficient. One of ordinary skill in the art would recognize that providing the heating element with a desired electrically conductive material as claimed would necessarily allow the PTC (positive temperature coefficient) material to enable the temperature of the heating element to be self-regulating as the temperature of PTC material increases past its Curie Point or Curie Temperature, electrical resistance increases substantially and current flow is impeded, thus resulting in a stable top end temperature as disclosed by Holland (see col. 4, ll. 9-19).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over of Egner-Walter (US Pub. No. 2012/0005855) in view of Grasso (US Pub. No. 2014/0352096).
Regarding claim 13, Egner-Walter discloses: a windshield wiper arrangement (Figures 1-2 and 4 and see also paragraph 0022/0032) comprising a wiper arm (14) (element 1) and a wiper blade (1) (element 6), wherein the wiper blade (1) is fastened to the wiper arm (14) (see figure 1).
Furthermore, Egner-Walter discloses utilizing the wiper blade (element 6) in combination with the wiper arm (see figure 1) for a vehicle windscreens (element FS and see also paragraph 0022). However, Egner-Walter appears to be silent wherein the wiper blade is according to claim 1.
Grasso teaches it was known in the art to have a wiper blade (Figures 1-10 and see also paragraph 0061) comprising the wiper blade is according to claim 1 (see rejection of claim 1 above on pages 2-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Egner-Walter to incorporate the teachings of Grasso to provide the wiper blade is according to claim 1. One of ordinary skill in the art would understand that providing a known wiper blade with the added features of having a heating element would necessarily provide the predictable result of easily clearing rain, snow, ice, washer fluid, and dirt from a vehicle's windshield to maintain a clear view of the road.
Regarding claim 14, Egner-Walter modified discloses: the windshield wiper arrangement according to claim 13, further comprising a windshield washer device (11) (elements 23/24 and see also paragraphs 0029/0030) having at least one washer nozzle (11a) (element 23) arranged on the wiper blade (1) (see figure 2).
Conclusion
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/A.S./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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