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 § 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.
Claims 1-8, 10, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Erner (9,259,994) in view of Whitmer (5,396,746).
Erner discloses a window assembly for a vehicle having a body panel (50) comprising at least one panel (10) supported on the body panel (50) and comprising a peripheral edge (13), a garnish (31) supported on the body panel (50), and an encapsulation (11), as shown in Figures 1-3. The garnish (31) has an outer surface (44), an inner surface opposite to the outer surface (44), a peripheral surface between the inner surface and the outer surface (44), and at least one engagement structure (42) extending from the inner surface in a direction opposite to the outer surface (44), as shown in Figure 3. The garnish (31) is disposed adjacent to the at least one panel (10) such that the garnish (31) and the at least one panel (10) lie in a same plane and together define a gap therebetween, as shown in Figure 3. The encapsulation (11) is disposed at least partially between the at least one panel (10) and the garnish (31) to cover the gap, as shown in Figure 3. The encapsulation is fixedly coupled to at least one panel (10), as shown in Figure 3. The encapsulation (11) and the at least one panel (10) are flush with each other, as shown in Figure 3. The encapsulation (11) comprises at least one slot (39) configured to at least partially receive the corresponding the at least one engagement structure (42) of the garnish (31) in order to couple the encapsulation (11) and the garnish (31), as shown in Figure 3.
In reference to claim 2, the at least one engagement structure (42) comprises a locking feature configured to be received within the corresponding at least one slot (39), as shown in Figure 3.
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In reference to claim 3, the locking feature comprises a stopper (43) configured to prevent a removal of the locking feature upon insertion of the locking feature within the at least one slot (39), as shown in Figure 3. The stopper (43) facilitates retention of the at least one engagement structure (42) within the at least one slot (39), as shown in Figure 3.
In reference to claim 4, the locking feature has a shape of a cone or polygon and the slot has a shape of a rectangle or a square, as shown in Figure 3 and disclosed on line 57 of column 7 and line 4 of column 8. The locking feature and the slot have an elongated shape along the bottom of the windshield when there is a single elongated engagement structure (42) forming a rectangular shape.
In reference to claim 5, upon receiving the at least one engagement structure within the corresponding slot, the at least one engagement structure (42) is coupled to the encapsulation (11) via a snap-fit or press fit, as shown in Figure 3 and disclosed on line 57 of column 7 and line 4 of column 8.
In reference to claim 6, upon receiving the at least one engagement structure (42) within the corresponding slot (39), the garnish (31) moves towards the encapsulation (11) in order to facilitate flushing of the encapsulation and garnish (31), as shown in Figure 3 and disclosed on line 57 of column 7 and line 4 of column 8.
In reference to claims 7 and 17, the encapsulation (11) comprises a first part spaced apart from the garnish and comprising at least one slot and a second part (36,38,41) extending from the first part at least partially towards the at least one panel (10), as shown in Figure 3.
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In reference to claims 8 and 18, the second part comprises a first lateral surface flush with the peripheral surface of the garnish (31), an external surface extends from the first lateral surface towards the at least one panel (10), a second lateral surface extending from the external surface towards the body panel (50) and flush with the peripheral edge of the at least one panel (10), and an internal surface extending from the second lateral surface away from the first lateral surface, as shwon in Figure 3. The internal surface of the second part engages with an inner surface of the at least one panel (10), as shown in Figure 3.
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In reference to claim 10, the encapsulation (11) is integral with the at least one panel (10), as broadly claimed, as shown in Figure 3. Once the encapsulation (11) is adhered to the panel (10) the encapsulation is integral with the panel.
In reference to claim 12, the encapsulation (11) is made of rubber, plastic, or a polymer material, as disclosed on lines 25-44 of column 7.
In reference to claim 13, a support rubber (14) is arranged between the at least one panel (10) and the body panel (50) to provide cushioning to the at least one panel (10) during mounting of the at least one panel (10) to the body panel (50), as shown in Figure 3.
In reference to claim 14, the at least one engagement structure (42) comprises a plurality of engagement strutures arrayed linearly such that each engagement structure from the plurality of engagement structures is evenly spaced apart from each other and the at least one slot (39) comprises a plurality of slots disposed corresponding to the plurality of evenly spaced engagement structures, as disclsoed on lines 58-61 of column 7.
In reference to claim 15, the at least one panel (10) is made of a transparent material since the panel (10) is the windshield.
In reference to claim 16, the vehicle comprises a body panel (50) and a window assembly supported on the body panel (50), as shown in Figures 1-3. The remaining limitations duplicate the limitations of claim 1.
In reference to claim 19, a window assembly for a vehicle having a body panel (50) comprising at least one panel (10) supported on the body panel (50) of the vehicle, as shown in Figures 1-3. The at least one panel (10) comprising a peripheral edge (13) and an encapsulation (11) fixedly coupled to the at least one panel (10), as shown in Figure 3. The encapsulation (11) comprises at least one slot (39), as shown in Figure 3. A garnish (31) is supported on the body panel (50) and disposed adjacent to the at least one panel (10), as shown in Figure 3. The garnish (31) and the at least one panel (10) lie in a same plane and together define a gap therebetween, as shown in Figure 3. The garnish (31) comprises an outer surface (44), an inner surface opposite to the outer surface (44), a peripheral surface between the inner surface and the outer surface (44), and at least one engagement structure (42) extending from the inner surface in a direction opposite to the outer surface (44), as shown in Figure 3. The at least one engagement structure (42) of the garnish (31) is configured to be at least partially received within the corresponding at least one slot (39) of the encapsulation (11) in order to couple the encapsulation (11) and the garnish (31), as shown in Figure 3. The encapsulation (11) and the garnish (31) are flush with each other and cover the gap between the at least one panel (10) and the garnish (31), as shown in Figure 3.
In reference to claim 20, the encapsulation (11) comprises a first part spaced apart from the garnish and comprising at least one slot and a second part (36,38,41) extending from the first part at least partially towards the at least one panel (10), as shown in Figure 3. The second part comprises a first lateral surface flush with the peripheral surface of the garnish (31), an external surface extends from the first lateral surface towards the at least one panel (10), a second lateral surface extending from the external surface towards the body panel (50) and flush with the peripheral edge of the at least one panel (10), and an internal surface extending from the second lateral surface away from the first lateral surface, as shwon in Figure 3. The internal surface of the second part engages with an inner surface of the at least one panel (10), as shown in Figure 3.
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However, Erner does not disclose the encapsulation is fixedly coupled directly to the peripheral edge of the at least one panel.
Whitmer teaches an encapsulation (30) that is fixedly coupled directly to the peripheral edge of the at least one panel (18) via an adhesive (36), as shown in Figures 1 and 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an adhesive to fix the encapsulation to the peripheral edge of the at least one panel of Erner, as taught by Whitmer, with a reasonable expectation for success to improve/strengthen the connection between the encapsulation and the at least one panel.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Erner (9,259,994) in view of Whitmer (5,396,746), as applied to claim 1.
Erner, as modified, discloses the first lateral surface of the second part is inclined to the peripheral surface of the garnish at a small non-zero angle and further inclined to the first part at a large angle less than 90 degrees.
However, Erner, as modified, does not disclose the specific angles.
It would have been obvious to one of ordinary skill in the art before the effective filing to form the first lateral surface of the second part of Erner, as modified, with an incline to the peripheral surface of the garnish at an angle ranging from 1 degree to 20 degrees and further inclined to the first part at an angle ranging from 70 degrees to 89 degrees as an obvious design choice providing specific angles for the disclosed structure that does not alter the function or operation of the structure.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Erner (9,259,994) in view of Whitmer (5,396,746), as applied to claim 1, in view of Deissen et al. (US 2014/0327267).
Erner, as modified, does not disclose the encapsulation is injection molded to the peripheral edge of the at least one panel.
Deussen et al. teaches providing an encapsulation (10) to the peripheral edge (92) of at least one panel (90) by injection molding, as disclosed in paragraph [0133].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the encapsulation to the peripheral edge of the at least one panel of Erner, as modified, by injection molding, as taught by Deussen et al., with a reasonable expectation for success as an alternative construction that results in less components by eliminating the adhesive between the encapsulation and the at least one panel.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indicating allowable subject matter is the first lateral surface of the second part is angled away from the peripheral surface of the garnish when moving in a direction from the external surface to the internal surface of the second part. This feature is shown in applicant’s Figure 2. Erner shows the opposite.
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 22, 2026
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