Detailed Action
Notice of Pre-AIA or AIA Status
1. 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 § 112
2. 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 1-20 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.
Claim 1 recites the limitation "two sidewalls" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "two sidewalls" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "two sidewalls" in in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
3. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-10 and 12-18 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent No. 9,511,748 to Piotrowski et al.
Referring to claim 1, Piotrowski et al. discloses a spacer member of an adapter assembly for a wiper system, the spacer member – at 100, comprising, a front end and a rear end longitudinally opposite to the front end – see front end at the front of 108,110,142, and rear end at the opposite end of 108,110,142 proximate items 158,160, in figures 1a-4, two side walls – at 108,110,156 and front of 146,148 proximate 106, extending longitudinally between the front end and the rear end – see figures 1a-4, the side walls – at 108,110,156 and front of 146,148, being spaced apart from each other and connected to each other by an upper wall – see upper part of 142 between items 140 and 150 as seen in figures 1a-4, a flexible leg – at 106,120-126 and150-160, extending longitudinally towards the rear end from a shoulder – at top of 142 proximate 152 – see figures 1a-4, of the upper wall – top of 142, the flexible leg including at least a cantilever portion – at 150, being vertically offset from the upper wall – top of 142 – see slot – at 140 in figures 1a-4, a locking tab – at 155, provided at a predefined location on the cantilever portion – at 150, of the flexible leg – at 106,120-126 and 150-160 – see figures 1a-4, the locking tab – at 155, extending towards the upper wall – top of 142 – see figures 1a-4, and a stud – see not labeled but proximate items 114,118,128 in figure 1c, formed on an inner surface of at least one of the side walls – see figure 1c, the stud being configured to be received in corresponding orifice – see open area between top of 102 and bottom of sloped wall proximate 132 in figure 1c, provided in a base member – at 102, of the adapter assembly – at 100 – see figures 1a-4.
Referring to claim 2, Piotrowski et al. further discloses a projection – at 124,126, extending in longitudinally forward direction from the shoulder of the upper wall – at the top of 142 proximate item 152, the projection having a predefined curvature – see at 124,126 in figures 1a-4.
Referring to claim 3, Piotrowski et al. further discloses the flexible leg includes a base portion – at 152, fixed to the shoulder of the upper wall – see figures 1a-4, and the cantilever portion – at 150, extends longitudinally rearwards from the base portion – at 152 – see figures 1a-4.
Referring to claim 4, Piotrowski et al. further discloses the flexible leg includes a lip – at 160, formed at an end of the cantilever portion – at 150, longitudinally opposite to the base portion – a 102 – see figures 1a-4.
Referring to claim 5, Piotrowski et al. further discloses the locking tab – at 155, includes an inclined surface facing in longitudinally rearward direction – see the portion of 155 in which the reference numeral lead line is touching in figure 2, and a protrusion formed on longitudinally opposite side of the inclined surface – see opposite end of 155 in figure 2.
Referring to claim 6, Piotrowski et al. further discloses each of the side walls – at 108,110,156 and front of 146,148, include a front portion formed near the front end of the spacer member – see proximate 106 in figures 1a-4, a rear portion formed near the rear end of the spacer member – see proximate 158,160 in figures 1a-4, and a middle portion connecting the front portion with the rear portion – see portions between each end of 108,110,156 and 146,148 in figures 1a-4.
Referring to claim 7, Piotrowski et al. further discloses the stud – not labeled but shown in figure 1c, is provided on the middle portion of at least one of the side walls – see stud disposed forward of the front end in figure 1c, the stud having substantially cylindrical shape – see figure 1c.
Referring to claim 9, Piotrowski et al. further discloses the middle portion further includes a supporting tab – at 128, formed near a lower edge of the middle portion – see figures 1a-1c, the supporting tab extending transversely outwards from the middle portion – see at 128 in figures 1a-1c.
Referring to claim 10, Piotrowski et al. further discloses an adapter assembly for a wiper system, the adapter assembly comprising, a base member – at 102,106,130, having a front end and a rear end longitudinally opposite to the front end – see opposite ends of 102 in figures 1a-4, and a spacer member – at 104, having two side walls – at 108,110,156 and 146,148 proximate 146, spaced apart from each other – see figures 1a-4, and connected to each other by an upper wall – top of 142 – see figures 1a-4, the spacer member being releasably mounted on the base member – see via 130 in figures 1a-1c, wherein the spacer member includes a flexible leg – at 106,120-126 and 150-16-, extending longitudinally rearwards from a shoulder – see 142 proximate 152, of the upper wall – at top of 142, of the spacer member – see figures 1a-4, the flexible leg including at least a cantilever portion – at 150, being vertically offset from the upper wall of the spacer member – a 142 – see slot – at 140 in figures 1a-4, and wherein the spacer member further includes a stud – see cylindrical member not labeled but shown proximate 114,118,128 in figures 1c, formed on an inner surface of at least one of the side walls – see figure 1c, the stud being configured to secure the spacer member – at 104, to the base member – at 102,106,130 – see figure 1c where the stud is disposed between items 130 and 102 of the base to facilitate securing between the components.
Referring to claim 12, Piotrowski et al. further discloses the base member includes a pair of longitudinal walls – see sides of 102 and 130 in figures 1a-4, extending along a longitudinal axis – see figures 1a-4, the longitudinal walls being spaced apart from each other and connected to each other by an upper wall – top of 102 – see figures 1a-4.
Referring to claim 13, Piotrowski et al. further discloses the base member includes a head – at 106, formed at the front end of the base member – at 102,106 – see figures 1a-4, the head – at 106, being connected to the longitudinal walls and the upper wall of the base member – at 102 – see figures 1a-4.
Referring to claim 14, Piotrowski et al. further discloses the base member further includes a receiving space continuously formed in the upper wall and the head of the base member – see space formed in upper wall of 102 in figures 1a-1c in combination with the spaces formed by items 120,126 of item 106 as seen in figures 1a-1c.
Referring to claim 15, Piotrowski et al. further discloses the spacer member further includes a projection – at inwardly projecting ledge at 122 and above 116,118 in figure 1a, extending in longitudinally forward direction from the shoulder of the upper wall of the spacer member – at the top of 142 – see figures 1a-4, the projection being received through the receiving space of the base member – see 102,106 – see received by 106 in figures 1a-4.
Referring to claim 16, Piotrowski et al. further discloses the base member further includes an orifice formed on at least one of the longitudinal walls – see open space below item 130 touching item 130, to receive the stud – not labeled but shown in figure 1c, provided on at least one of the side walls of the spacer member – at 104 – see figure 1c, the stud being received in corresponding orifice – see open area between top of 102 and bottom of sloped wall proximate 132 in figure 1c.
Referring to claim 17, Piotrowski et al. further discloses the spacer member further includes a locking tab – at 155, provided at a predefined location on the cantilever portion – at 150 of the flexible leg – see figures 1a-4, the locking tab – at 155, extending towards the upper wall of the spacer member – at the top of 142 – see figures 1a-4.
Referring to claim 18, Piotrowski et al. further discloses the locking tab – at 155, includes an inclined surface facing in longitudinally rearward direction – see the portion of 155 in which the reference numeral lead line is touching in figure 2, and a protrusion formed on longitudinally opposite side of the inclined surface – see opposite end of 155 in figure 2.
Referring to claim 19, Piotrowski et al. discloses a wiper system for a motor vehicle, the wiper system comprising, a connector – at 106, attached to a wiper blade – see figures 10a-10c, an adapter assembly – at 102,104, pivotally connected to the connector – at 106 – see figures 1a-1b, and a wiper arm – at 208, releasably connected and secured to the adapter assembly – at 102,104 – see figures 10a-10c, wherein the wiper arm – at 208, includes a yoke – at 208, having a top wall connecting two side walls – see at 208 in figures 10a-10c, the top wall of the yoke – at 208, including a cut-out – at 212 – see figures 10a-10c, wherein the adapter assembly – at 102,104, includes a spacer member – at 104, having two side walls – at 108,110,156 and front of 146,148 proximate 106, spaced apart from each other and connected to each other by an upper wall – top of 142 – see figures 1a-4, and a flexible leg – at 106,120-126 and150-160, extending longitudinally rearwards from a shoulder – at top of 142 proximate 152 – see figures 1a-4 of the upper wall – at top of 142 – see figures 1a-4, wherein the spacer member – at 104, is releasably mounted on a base member – at 102 – see figures 1a-4, wherein the flexible leg includes at least a cantilever portion – at 150, being vertically offset from the upper wall – at top of 142, of the spacer member – at 104 – see via slot 140 in figures 1a-4, wherein the flexible leg further includes a locking tab – at 155, configured to cooperate with the cut-out – at 212, of the yoke – at 208, of the wiper arm – at 208 – see figures 10a-10c, and wherein at least one of the side walls at 108,110,156 and front of 146,148 proximate 106, of the spacer member – at 104, includes a stud – see not labeled but proximate items 114,118,128 in figure 1c, formed on an inner surface of at least one of the side walls – see figure 1c, configured to be received in corresponding orifice – see open area between top of 102 and bottom of sloped wall proximate 132 in figure 1c, provided in the base member – at 102 – see figures 1a-1c, to secure the spacer member – at 104, to the base member – at 102 – see figures 1a-4 where the stud is disposed between items 130 and 102 of the base to facilitate securing between the components.
Referring to claim 20, Piotrowski et al. further discloses the spacer member – at 104, further includes a projection – at the ledge – at 122 and above 116,118 as seen in figure 1c, extending in longitudinally forward direction from the shoulder of the upper wall – at top of 142, of the spacer member – at 104 – see figure 1c, the projection being received through a receiving space provided in the base member – in a space at least partially bounded by items 131,132 along the thickness of items 131-132 of the base – at 102 as seen in figures 1a-1c.
Claim Rejections - 35 USC § 103
4. 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.
Claim(s) 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piotrowski et al. as applied to claims 7 or 10 above.
Referring to claims 8 and 11, Piotrowski et al. further discloses the stud – see figure 1c, includes a slope portion formed on lower portion of the stud – see sloping toward the bottom of stud in figure 1c, the slope portion facing in vertically downward direction – see bottom half of the stud in figure 1c. Piotrowski et al. does not disclose the stud includes a slant portion/is slanted. However, it would have been obvious to one of ordinary skill in the art to take the device of Piotrowski et al. have the stud in any desired shape including the clamed slant portion, so as to yield the predictable result of allowing for the stud to be placed on the device so as to not interfere with the other components of the device as desired.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following patents are cited to further show the state of the art with respect to wiper devices and associated adapter assemblies in general:
U.S. Pat. No. 8,479,349 to Boland et al. – shows wiper adapter assembly
U.S. Pat. No. 9,731,684 to Ku – shows wiper adapter assembly
U.S. Pub. No. 2021/0245716 to Kim et al. – shows wiper adapter assembly
U.S. Pat. No. 11,529,931 to Tufts et al. – shows wiper adapter assembly
U.S. Pat. No. 12,122,330 to Gaucher et al. – shows wiper adapter assembly
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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