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 Objections
Claims 1-7 are objected to because of the following informalities:
In claim 1, the second to last line, it is thought that the second instance of “the” should be deleted because it precedes the first mention of “at least one of a lower edge”.
Appropriate correction is required.
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.
Claims 1-7 are 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.
In claim 1, the third from then last line, “portion of the window” lacks clear antecedent basis.
Double Patenting
Statutory Type
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 2 and 17 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 13, respectively, of prior U.S. Patent No. 12,157,354. This is a statutory double patenting rejection. See the table below which shows that the language in claims 2 and 17 is identical to the language in claims 1 and 13, respectively, of prior U.S. Patent No. 12,157,354
Nonstatutory Type
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-16 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,157,354. The table below illustrates how the current claims 1, 3-16 and 18-20 correspond to claims 1-17 of U.S. Patent No. 12,157,354. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1, 3-16 and 18-20 are a broader recitation of the subject matter of claims 1-17 of U.S. Patent No. 12,157,354. The mentioned claims of U.S. Patent No. 12,157,354 are more specific. Thus the invention of the more specific claims of U.S. Patent No. 12,157,354 is in effect a “species” of the invention of claims 1, 3-16 and 18-20 of the instant application. Since it has been held that the generic invention is anticipated by the species, claims 1, 3-16 and 18-20 are not patentably distinct from the mentioned claims of U.S. Patent No. 12,157,354. See In re Goodman, 29 USPQ2d 2010 (Fed Cir. 1993.)
Current Invention
(SN 18/928,492)
U.S. Patent No. 12,157,354
(SN 18/378,046)
1. A door, comprising: an outer wall coupled with an inner wall, the outer wall spaced apart from the inner wall to form a space, wherein the door is configured to move between a closed position in which the inner wall is engaged with a cab of a vehicle and an open position in which the inner wall is separated from the cab, and wherein in the closed position at least a portion of the space is laterally outwards of a panel of the cab; and a window assembly comprising a window coupled with the door, the window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in the portion of the space; wherein the door is configured to be received at an opening of the cab that extends into an interior of the cab, wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of a lower edge of the opening or a floor of the cab.
1. A door, comprising: an outer wall coupled with an inner wall, the outer wall spaced apart from the inner wall to form a space, wherein the door is configured to move between a closed position in which the inner wall is engaged with a cab of a vehicle and an open position in which the inner wall is separated from the cab, and wherein in the closed position at least a portion of the space is laterally outwards of a panel of the cab; and a window assembly comprising a window coupled with the door, the window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in the portion of the space; wherein the door is configured to be received at an opening of the cab that extends into an interior of the cab, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
2. The door of claim 1, wherein a portion of the window is disposed outboard from the opening proximate to at least one of the lower edge of the opening or the floor of the cab.
3. The door of claim 1, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
2. The door of claim 1, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
4. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at a lower end of the door.
3. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in a longitudinal direction is greater proximate to the cutout than at a lower end of the door.
5. The door of claim 1, wherein in the retracted position the window is fully disposed within the portion.
4. The door of claim 1, wherein in the retracted position the window is fully disposed within the portion.
6. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
5. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
7. The door of claim 6, wherein in the retracted position, the window is completely removed from the cutout.
6. The door of claim 5, wherein in the retracted position, the window is completely removed from the cutout.
8. A vehicle, comprising: a door coupled to a cab of the vehicle, the door comprising: an inner wall; an outer wall coupled to the inner wall, the outer wall spaced apart from the inner wall to form a space; a window assembly comprising a window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in a portion of the space; and an opening that extends into an interior of the cab, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
7. A vehicle, comprising: a door coupled to a cab of the vehicle, the door comprising: an inner wall; an outer wall coupled to the inner wall, the outer wall spaced apart from the inner wall to form a space, wherein the door is configured to move between a closed position in which the inner wall is at least partially engaged with the cab and an open position in which the inner wall is at least partially separated from the cab, and wherein in the closed position at least a portion of the space is laterally outwards of a panel of the cab; a window assembly comprising a window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in the portion of the space; and an opening that extends into an interior of the cab, wherein the door covers the opening in the closed position, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
9. The vehicle of claim 8, wherein the door is configured to move between a closed position in which the inner wall is at least partially engaged with the cab and an open position in which the inner wall is at least partially separated from the cab, and wherein in the closed position at least a portion of the space is laterally outwards of a panel of the cab.
10. The vehicle of claim 8, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
8. The vehicle of claim 7, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
11. The vehicle of claim 8, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at a lower end of the door.
9. The vehicle of claim 7, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in a longitudinal direction is greater proximate to the cutout than at a lower end of the door.
12. The vehicle of claim 8, wherein in the retracted position the window is fully disposed within the portion.
10. The vehicle of claim 7, wherein in the retracted position the window is fully disposed within the portion.
13. The vehicle of claim 8, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
11. The vehicle of claim 7, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
14. The vehicle of claim 13, wherein in the retracted position, the window is completely removed from the cutout.
12. The vehicle of claim 11, wherein in the retracted position, the window is completely removed from the cutout.
15. A vehicle, comprising: a door coupled to a cab of the vehicle, the door comprising: a window assembly, comprising: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends in a direction that is substantially parallel with the rear edge; a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door; and a window slidably engaged to both the first track and the second track, wherein the window is configured to move between an extended position and a retracted position, wherein in the retracted position a lower end of the window is laterally outwards from a panel of the cab; and wherein the cab further comprises an opening that extends into an interior of the cab, wherein the door is received at the opening, wherein a width of a portion of the window in a longitudinal direction is greater than a width of the opening proximate to at least one of a lower edge of the opening or a floor of the cab.
13. A vehicle, comprising: a door coupled to a cab of the vehicle, the door comprising: a window assembly, comprising: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends in a direction that is substantially parallel with the rear edge; a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door; and a window slidably engaged to both the first track and the second track, wherein the window is configured to move between an extended position and a retracted position, wherein in the retracted position a lower end of the window is laterally outwards from a panel of the cab; and wherein the cab further comprises an opening that extends into an interior of the cab, wherein the door is received at the opening, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
16. The vehicle of claim 15, wherein in the extended position the lower end of the window is disposed at a first lateral position, wherein in the retracted position the lower end of the window is disposed at a second lateral position proximate to a lower end of the door, and wherein the second lateral position is farther from a longitudinal axis of the vehicle than the panel of the cab; wherein the second lateral position is farther from the longitudinal axis of the vehicle than the first lateral position.
14. The vehicle of claim 13, wherein in the extended position the lower end of the window is disposed at a first lateral position, wherein in the retracted position the lower end of the window is disposed at a second lateral position proximate to a lower end of the door, and wherein the second lateral position is farther from a longitudinal axis of the vehicle than the panel of the cab; wherein the second lateral position is farther from the longitudinal axis of the vehicle than the first lateral position.
17. The vehicle of claim 15, wherein the portion of the window is disposed outboard from the opening proximate to at least one of the lower edge of the opening or the floor of the cab.
18. The vehicle of claim 15, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at the lower end of the door.
15. The vehicle of claim 13, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in a longitudinal direction is greater proximate to the cutout than at the lower end of the door.
19. The vehicle of claim 15, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
16. The vehicle of claim 13, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
20. The vehicle of claim 19, wherein in the retracted position, the window is completely removed from the cutout.
17. The vehicle of claim 16, wherein in the retracted position, the window is completely removed from the cutout.
Claims 1-8 and 10-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,813,930. The table below illustrates how the current claims 1-8 and 10-14 correspond to claims 1-14 of U.S. Patent No. 11,813,930. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-8 and 10-14 are a broader recitation of the subject matter of claims 1-14 of U.S. Patent No. 11,813,930. The mentioned claims of U.S. Patent No. 11,813,930 are more specific. Thus the invention of the more specific claims of U.S. Patent No. 11,813,930 is in effect a “species” of the invention of claims 1-8 and 10-14 of the instant application. Since it has been held that the generic invention is anticipated by the species, claims 1-8 and 10-14 are not patentably distinct from the mentioned claims of U.S. Patent No. 11,813,930. See In re Goodman, 29 USPQ2d 2010 (Fed Cir. 1993.)
Current Invention
(SN 18/928,492)
U.S. Patent No. 11,813,930
(SN 18/118,427)
1. A door, comprising: an outer wall coupled with an inner wall, the outer wall spaced apart from the inner wall to form a space, wherein the door is configured to move between a closed position in which the inner wall is engaged with a cab of a vehicle and an open position in which the inner wall is separated from the cab, and wherein in the closed position at least a portion of the space is laterally outwards of a panel of the cab; and a window assembly comprising a window coupled with the door, the window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in the portion of the space; wherein the door is configured to be received at an opening of the cab that extends into an interior of the cab, wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of a lower edge of the opening or a floor of the cab.
1. A door, comprising: an inner wall configured to engage with a cab of a vehicle; an outer wall coupled to the inner wall, the outer wall spaced apart from the inner wall to form an interior cavity, wherein the door is configured to move between a closed position in which the inner wall is engaged with the cab and an open position in which the inner wall is separated from the cab, and wherein in the closed position at least a portion of the interior cavity is configured to be disposed outboard from a rocker panel of the cab in a lateral direction; and a window assembly comprising a window, the window slidably engaged to the door, the window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in the portion of the interior cavity.
2. The door of claim 1, wherein the door is configured to be received at an opening of the cab that extends into an interior of the cab, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
2. The door of claim 1, wherein a portion of the window is disposed outboard from the opening proximate to at least one of the lower edge of the opening or the floor of the cab.
3. The door of claim 1, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
3. The door of claim 1, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
4. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at a lower end of the door.
4. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at a lower end of the door.
5. The door of claim 1, wherein in the retracted position the window is fully disposed within the portion.
5. The door of claim 1, wherein in the retracted position the window is fully disposed within the portion.
6. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
6. The door of claim 1, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
7. The door of claim 6, wherein in the retracted position, the window is completely removed from the cutout.
7. The door of claim 6, wherein in the retracted position, the window is completely removed from the cutout.
8. A vehicle, comprising: a door coupled to a cab of the vehicle, the door comprising: an inner wall; an outer wall coupled to the inner wall, the outer wall spaced apart from the inner wall to form a space; a window assembly comprising a window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in a portion of the space; and an opening that extends into an interior of the cab, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
8. A vehicle, comprising: a chassis; a vehicle body comprising a cab disposed on a forward end of the chassis; and a door coupled to the cab, the door comprising: an inner wall; an outer wall coupled to the inner wall, the outer wall spaced apart from the inner wall to form an interior cavity, wherein the door is configured to move between a closed position in which the inner wall is engaged with the cab and an open position in which the inner wall is separated from the cab, and wherein in the closed position at least a portion of the interior cavity is disposed outboard from a rocker panel of the cab in a lateral direction; and a window assembly comprising a window, the window slidably engaged to the door, the window configured to move between an extended position and a retracted position, wherein in the retracted position the window is at least partially disposed in the portion of the interior cavity.
9. The vehicle of claim 8, wherein the cab further comprises an opening that extends into an interior of the cab, wherein the door covers the opening in the closed position, wherein a portion of the window is disposed outboard from the opening proximate to at least one of a lower edge of the opening or a floor of the cab, and wherein a width of the portion of the window in a longitudinal direction is greater than a width of the opening proximate to the at least one of the lower edge of the opening or the floor of the cab.
10. The vehicle of claim 8, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
10. The vehicle of claim 8, wherein the window assembly further comprises: a first track coupled to the door and disposed proximate to a rear edge of the door, wherein the first track extends between an upper end and a lower end of the door; and a second track coupled to the door and oriented parallel to the first track, wherein the second track is disposed proximate to a forward edge of the door, wherein the window is slidably engaged to both the first track and the second track, and wherein the first track and the second track are angled at least partially laterally with respect to the inner wall.
11. The vehicle of claim 8, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at a lower end of the door.
11. The vehicle of claim 8, wherein the door further comprises a cutout disposed proximate to an upper end of the door, and wherein a width of the door in the longitudinal direction is greater proximate to the cutout than at a lower end of the door.
12. The vehicle of claim 8, wherein in the retracted position the window is fully disposed within the portion.
12. The vehicle of claim 8, wherein in the retracted position the window is fully disposed within the portion.
13. The vehicle of claim 8, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
13. The vehicle of claim 8, wherein the door further comprises a cutout disposed proximate to an upper end of the door, wherein in the extended position the window is disposed within the cutout, and wherein in the retracted position the window is at least partially pulled away from the cutout.
14. The vehicle of claim 13, wherein in the retracted position, the window is completely removed from the cutout.
14. The vehicle of claim 13, wherein in the retracted position, the window is completely removed from the cutout.
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.
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.
Claims 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. US 8,720,977 in view of Hern US 4,126,202.
Regarding claim 1, and with reference to annotated Figures 1, 3 and 6 below, Nakamura et al. disclose a door (25; Figs. 1, 3 and 6), comprising: an outer wall (28; Fig. 6) coupled with an inner wall (27; Fig. 6), the outer wall (28; Fig. 6) spaced apart (as can be seen in Fig. 6) from the inner wall (27; Fig. 6), to form a space (identified in annotated Fig. 6), wherein the door (25; Figs. 1, 3 and 6), is configured to move between a closed position in which the inner wall (27; Fig. 6), is engaged with a cab (10; Fig. 1); of a vehicle and an open position in which the inner wall (27; Fig. 6), is separated from the cab (10; Fig. 1), as is the function of a vehicle door; and wherein in the closed position at least a portion of the space (identified in annotated Fig. 6) is laterally outwards of a steering wheel (note that the structure identified in annotated Fig. 1 is associated with steering wheel (11; Fig. 1), and a portion of the space is laterally outwards of this structure) of the cab (10; Fig. 1); and a window assembly comprising a window (29; Figs. 1, 3 and 6) coupled with the door (25; Figs. 1, 3 and 6), the window (29; Figs. 1, 3 and 6) configured to move between an extended position and a retracted position (by way of window regulator 30, Figs 3 and 6), wherein in the retracted position the window (29; Figs. 1, 3 and 6) is at least partially disposed in the portion of the space (identified in annotated Fig. 6); wherein the door is configured to be received at an opening (the opening provided in the cab for ingress and egress which is selectively closed by the door (25; Fig.1)) of the cab (10; Fig. 1) that naturally extends into an interior of the cab, wherein a width of the portion of the window in a longitudinal direction (identified by boxed text at the top of the right edge of annotated Fig. 1 below) is greater than a width of the opening proximate to a lower edge of the opening (identified by boxed text at the bottom right corner of annotated Fig. 1 below).
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Regarding claim 4, Nakamura et al. disclose the door of claim 1, as explained above, wherein the door (25; Figs. 1, 3 and 6) further comprises a cutout (as pointed out in annotated Fig. 1 above) disposed proximate to an upper end of the door (25; Figs. 1, 3 and 6), and wherein a width of the door (25; Figs. 1, 3 and 6) in the longitudinal direction (of the vehicle) is greater proximate to the cutout than at a lower end of the door, as can be seen in annotated Fig. 1 above.
Regarding claim 5, Nakamura et al. disclose the door of claim 1, as explained above, wherein in the retracted position the window (29; Fig. 6) is naturally fully disposed within the portion as provided for by the lengths of the tracks (41; Fig. 3). See annotated Figs. 1 and 3 above.
Regarding claim 6, Nakamura et al. disclose the door of claim 1, as explained above, wherein the door (25; Figs. 1, 3 and 6) further comprises a cutout (pointed out in annotated Fig. 1 above) disposed proximate to an upper end of the door (25; Fig. 1), wherein in the extended position (raised) the window (29; Fig. 6) is disposed within the cutout (see annotated Fig. 1), and wherein in the retracted position the window (29; Fig. 6) is at least partially pulled away (lowered away from) from the cutout so that, when in a fully retracted or lowered position, the window (29; Fig. 6) is completely removed from the cutout.
Regarding claim 7, Nakamura et al. disclose the door of claim 6, as explained above, wherein in the retracted position, the window (29; Fig. 6) is completely removed from the cutout (pointed out in annotated Fig. 1 above) due to the lengths of the tracks (annotated Figs. 1 and 3) to accommodate the window in such a retracted position.
Nakamura et al. disclose a structure (annotated Fig. 1 above) associated with steering wheel (11; Fig. 1) which is arranged so that a portion of the space is laterally outward thereof as can be seen using Figures 1 and 6. However, Nakamura et al. do not specifically identify such structure as being a (instrument) panel.
However, Hern discloses a cab for a work vehicle with a structure (76; Fig. 3) and identified in annotated Figure 2 below) associated with a steering wheel 50 (Figs. 2 and 3). Such structure (76; Figs. 2 and 3) is a (instrument) panel. See column 3, lines 12-13.
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Therefore, it 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 to construct the structure associated with the steering wheel of Nakamura et al. as an instrument panel as taught by Hern with a reasonable expectation of success in order to provide a location for various gauges and instruments. Motivation provided by lines 6-7 of Hern.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. US 8,720,977 in view of Hern US 4,126,202 as applied above to claim 1 and further in view of Szerdahelyi et al. US 5,979,115.
Regarding claims 3, Nakamura et al., in view of Hern, disclose the door of claim 1, as explained above, wherein the window assembly further comprises: a first track (as pointed out in annotated Fig. 1 above) coupled to the door (25; Figs. 1, 3 and 6) and disposed proximate to a rear edge of the door (25; Figs. 1, 3 and 6), wherein the first track extends between an upper end and a lower end of the door (25; Figs. 1, 3 and 6); and a second track (as pointed out in annotated Fig. 1 above) coupled to the door (25; Figs. 1, 3 and 6) and oriented parallel to the first track (as shown in Fig. 1), wherein the second track is disposed proximate to a forward edge of the door (25; Figs. 1, 3 and 6), wherein the window (29; Fig. 6) is slidably engaged to both the first track and the second track by operation of the window regulator (30; Fig. 3).
Nakamura et al. do not disclose that the first track and the second track are angled at least partially laterally with respect to the inner wall.
However, Szerdahelyi et al. disclose a door construction where a first track (5b; Fig. 3d) and a second track (5a; Fig. 3c) of a door window raising and lowering arrangement are angled at least partially laterally with respect to the door inner wall. See annotated Figs. 3c and 3d below with dashed, angled orientations of the tracks being shown, where a door with an outwardly curved outer panel is provided. See Fig. 3c and 3d.
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Therefore, it 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 to construct the door of Nakamura et al., in view of Hern, to have an outwardly curved outer wall as taught by Szerdahelyi et al. with a reasonable expectation of success in order to provide greater lateral space to the cab interior near a floor region thereof. In addition, it would also 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 to construct the first and second tracks of the door with an outwardly curved outer wall of Nakamura et al., in view of Hern and Szerdahelyi et al., to be angled at least partially laterally with respect to the door inner wall as taught by Szerdahelyi et al. with a reasonable expectation of success in order raise and lower the window in a manner which cooperates with the door having an outwardly curved wall.
Claims 15, and 18-20 are ejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. US 8,720,977 in view of Hern US 4,126,202.
Regarding claim 15, Nakamura et al. disclose a vehicle, comprising: a door (25; Figs. 1, 3 and 6) coupled to a cab (10; Fig. 1); of the vehicle, the door (25; Figs. 1, 3 and 6) comprising: a window assembly, comprising: a first track (as pointed out in annotated Fig. 1 above) coupled to the door (25; Figs. 1, 3 and 6) and disposed proximate to a rear edge of the door (25; Figs. 1, 3 and 6), wherein the first track extends in a direction that is substantially parallel with the rear edge (as shown in Fig. 1); a second track (as pointed out in annotated Fig. 1 above) coupled to the door and oriented parallel to the first track (as shown in Fig. 1), wherein the second track is disposed proximate to a forward edge of the door (as shown in Fig. 1); and a window (29; Fig. 6) slidably engaged to both the first track and the second track by operation of the window regulator (30; Fig. 3), the window (29; Figs. 1, 3 and 6) configured to move between an extended position and a retracted position (by way of window regulator 30, Figs 3 and 6), wherein in the retracted position a lower end of the window is laterally outwards from a steering wheel (note that the structure identified in annotated Fig. 1 is associated with steering wheel (11; Fig. 1); and wherein the cab (10; Fig. 1); further comprises an opening (the opening provided in the cab for ingress and egress which is selectively closed by the door (25; Fig.1)) that naturally extends into an interior of the cab, wherein the door (25; Figs. 1, 3 and 6) is received at the opening (as can be seen in Fig. 1), wherein a width of a portion of the window (29; Fig. 6) in a longitudinal direction is greater than a width of the opening proximate to a lower edge of the opening, as is illustrated in annotated Fig.1 above.
Regarding claim 18, Nakamura et al. disclose the door of claim 15, as explained above, wherein the door (25; Figs. 1, 3 and 6) further comprises a cutout (as pointed out in annotated Fig. 1 above) disposed proximate to an upper end of the door (25; Figs. 1, 3 and 6), and wherein a width of the door (25; Figs. 1, 3 and 6) in the longitudinal direction (of the vehicle) is greater proximate to the cutout than at a lower end of the door, as can be seen in annotated Fig. 1 above.
Regarding claim 19, Nakamura et al. disclose the door of claim 15, as explained above, wherein the door (25; Figs. 1, 3 and 6) further comprises a cutout (pointed out in annotated Fig. 1 above) disposed proximate to an upper end of the door (25; Fig. 1), wherein in the extended position (raised) the window (29; Fig. 6) is disposed within the cutout (see annotated Fig. 1), and wherein in the retracted position the window (29; Fig. 6) is at least partially pulled away (lowered away from) from the cutout so that, when in a fully retracted or lowered position, the window (29; Fig. 6) is completely removed from the cutout.
Regarding claim 20, Nakamura et al. disclose the door of claim 19, as explained above, wherein in the retracted position, the window (29; Fig. 6) is completely removed from the cutout (pointed out in annotated Fig. 1 above) due to the lengths of the tracks (annotated Figs. 1 and 3) to accommodate the window in such a retracted position.
Nakamura et al. disclose a structure (annotated Fig. 1 above) associated with steering wheel (11; Fig. 1) which is arranged so that a portion of the space is laterally outward thereof as can be seen using Figures 1 and 6. However, Nakamura et al. do not specifically identify such structure as being a (instrument) panel.
However, Hern discloses a cab for a work vehicle with a structure (76; Fig. 3) and identified in annotated Figure 2 above) associated with a steering wheel 50 (Figs. 2 and 3). Such structure (76; Figs. 2 and 3) is a (instrument) panel. See column 3, lines 12-13.
Therefore, it 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 to construct the structure associated with the steering wheel of Nakamura et al. as an instrument panel as taught by Hern with a reasonable expectation of success in order to provide a location for various gauges and instruments. Motivation provided by column 3, lines 6-7 of Hern.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. US 8,720,977 in view of Hern US 4,126,202, as applied above to claim 15 and further in view of Tomforde US 4,917,433.
Regarding claim 16, Nakamura et al., in view of Hern, disclose the vehicle of claim 15, as explained above, except wherein in the extended position the lower end of the window is disposed at a first lateral position, wherein in the retracted position the lower end of the window is disposed at a second lateral position proximate to a lower end of the door, and wherein the second lateral position is farther from a longitudinal axis of the vehicle than the panel of the cab; wherein the second lateral position is farther from the longitudinal axis of the vehicle than the first lateral position.
However, Tomforde discloses a vehicle door (1; Fig. 2) having an outwardly curved outer panel (3; Fig. 2) and having a window (2; Fig. 2) wherein in the extended position (raised position shown in Fig. 2) the lower end of the window (2; Fig. 2) is disposed at a first lateral position (as pointed out in annotated Fig. 2 below), wherein in the retracted position (behind the door outer panel (3; Fig. 2)) the lower end of the window (2; Fig. 2) is disposed at a second lateral position (as pointed out in annotated Fig. 2 below), proximate to a lower end of the door (see annotated Fig. 2 below), and wherein the second lateral position is farther from the longitudinal axis (pointed out at the left edge of annotated Fig. 2 below) of the vehicle than the first lateral position as indicated with dashed arrows showing the respective distances and as identified in the box text in annotated Fig. 2 below.
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Therefore, it 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 to construct the door of Nakamura et al., in view of Hern, to have an outwardly curved outer panel as taught by Tomforde with a reasonable expectation of success in order to provide greater lateral space to the cab interior near a floor region thereof. In addition, it would also 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 to configure the window of the door of Nakamura et al., in view of Hern and Tomforde, so that a second, lowered, retracted position of the window lower end is farther from the longitudinal axis of the vehicle that a first, raised, extended position of the lower end of the window as taught by Tomforde in order to raise and lower the window in a manner which cooperates with the door having an outwardly curved wall. Note that the window of the door of Nakamura et al. as thrice modified, is farther from a longitudinal axis of the vehicle than the panel in a second, lowered, retracted position.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shibata Us 2008/0093883 discloses a vehicle door which is wider in the middle in a longitudinal direction of the vehicle than at the bottom edge thereof. See Figure 1. This door configuration is recited in current claims 1, 8 and 15. However, the window of Shibata is not disclosed as being positionable in a retracted position in a space between inner and outer door panels so that it is laterally outwards of a panel of the vehicle as recited in current claims 1, 8 and 15.
DE 4011787 A1 discloses a vehicle cab having a door (7; Fig. 1) with a lower portion which is laterally outboards of a panel (4; Fig. 1) when the door is closed. However, DE 4011787 A1 fails to disclose how a window of the door is configured in regards to its position with respect to the panel (4; Fig. 1). Therefore, DE 4011787 A1 lacks a door window which is positionable in a retracted position in a space between inner and outer door panels so that it is laterally outwards of a panel of the vehicle as recited in current claims 1, 8 and 15.
Hampel US 7,216,926 discloses a vehicle door which is wider in the middle in a longitudinal direction of the vehicle than at the bottom edge thereof as shown in Figure 3. However, the window of Shibata is not retractable into a space between inner and outer door panels so that it is laterally outwards of a panel of the vehicle as recited in current claims 1, 8 and 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612
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