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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 1/5/2026 is acknowledged.
Claims 16-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/5/2026.
Drawings
The drawings are objected to under 37 CFR 1.84(h)(5) because Figures 2-4, 6, and 7 show(s) modified forms of construction in the same view (for example a side view and a cross-section in figure 2).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 5b.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 5d.
The drawings are objected to because:
Per 37 C.F.R. 1.84(q) lead lines are required for every reference character except those indicating the surface or cross section on which they are placed. The extra reference characters in the lower right corner of figure 1 (1: 15,16 and 7: 12,13) to indicate the relationship between structures rather than the structures themselves are not in keeping with this requirement. All reference characters not indicating a structure in the figure should be removed.
Per 37 C.F.R. 1.84(p)(1) reference characters should not be used in association with brackets. Brackets should be removed from the figures. The proper way to indicate a structure or section generally, such as slider 6 in figure 3, is with an arrow per 37 C.F.R. 1.84(r)(1).
Reference numeral 7 for the garnish in figure 4 appears to indicate only the garnish plate 13. Either the reference numeral should be changed from 7 to 13or the reference line should be changed to an arrow not touching the structure to indicate the garnish as a whole.
The reference line for guide pin 2a in figure 4 points to a hole for engaging screw 20, not the pin engaging locating hole 15 as evidenced by the dashed line connecting the screw to the purported pin. The reference line should be moved to properly indicate the pin, located above the hole currently labelled 2a.
It is unclear what is being shown in figure 6. The exploded view portion is identical to figure 1 except for the addition of cut-through line K-K. Cut through lines should not be used on exploded views as it is not possible to tell where the cross-section is taken in an exploded view, i.e. the cross-section view is in an assembled state and the cut-through line covers the disassembled exploded view and doesn’t cut through all the parts shown in the cross-section (e.g. doesn’t cut through rail 2). The cross-section in figure 6 is identical to figure 2 cross-section except for the addition of the assembly direction. As the cross-sections are identical is appears that the cross-section of figure 6 is in fact taken at the cut through line A-A in figure 2. Examiner suggests removing the exploded portion of figure 6 and amending the specification to indicate the figure shows the cross-section at line A-A.
A similar issue occurs in figure 7, which also includes another exploded view identical to figure 1 except for the addition of a label <EXPLODED VIEW OF FLUSH DOOR>. In general legends are not used and the legend in figure 7 is unnecessary as it is clearly and exploded view. As with figure 6 examiner suggest removing the exploded view in figure 7 as it adds nothing new or different to the figures that is not already shown in figure 1.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 11 and 12 are objected to because of the following informalities:
Claim 11 line 4 recites “the sealant”. There is no sealant recited in claim 1, from which claim 11 depends, the only previous recitation was in claim 7. Either the dependency of claim 11 should be changed from claim 1 to claim 7 or the antecedent of sealant should be changed from the to a.
Claim 12 line 2 recites “the garnish cover”. There is no garnish cover previously recited, only the garnish plate. Correct antecedent is “a garnish cover.
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 1-15 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 line 2 recites “a door body in white (BIW)”. The phrase “body in white” is a term of art meaning the partially assembled vehicle before final assembly (e.g. installing engine) and finishing and as such generally indicates an intermediate product. The intermediate product typically does not include moving pieces such as the door glass or finishing pieces such as the garnish so it is unclear what the scope of the claimed door body in white is as the claim also recites the glass and garnish and thus would appear to be later in the manufacturing process than the body in white phase. Further, it is unclear if applicant intends to claim only the intermediate product at the body in white phase or the finished flush door for a vehicle. For purposes of examination “body in white” will be read broadly as a vehicle door that has passed through the body in white phase at some point but includes the finished product (i.e. a general door body). If applicant does not intend to claim only the intermediate product examiner suggests the “in white” recitation be removed from the claims and the disclosure.
Claim 1 line 4 recites “a glass configured to be moved up and down by the door module”. It is unclear what is meant by door module. The term in the art typically refers to the door module as the panel or structure carrying components such as the window lifter, however, it is the subcomponent of the window lifter that moves the glass not the module itself. The disclosure does not include details of the module so it is unclear if it means the carrying panel and its subcomponents or if the door module means the window lifter as the module is described as moving the glass and the glass is moved by the window lifter. The latter interpretation appears supported by paragraph [0050] reciting the module including a motor as the motor is part of the window lifter subcomponent while figure 1 appears to point to a plate carrying components as module 4. Given the ambiguity of the disclosure and in the interest of compact prosecution, both alternative interpretations will be rejected below.
Claim 5 lines 2-3 recite “a micro clearance structure is included in the U-shaped section”. U-shaped section requires structures forming a U, i.e. two legs connected at one end by a third perpendicular leg. The micro clearance structure 19,7a in applicant’s disclosure is shown in figure 2 toward the right end of garnish plate 13 away from the U-shape formed by the plate 13 and the rail 2, i.e. there is no overlap of the rail and slider at the location of the micro clearance structure. It is unclear what the scope of U-shaped is as the disclosure indicates it is where the rail and garish overlap but the micro clearance structure is clearly not where the rail and garnish overlap. Limitation will be interpreted broadly in view of what is shown in applicant’s figure 2.
Claim 15 lines 1-2 recite “the door BIW is configured by covering an inner panel cover by the coupling the door frame and a door inner panel”. This limitation does not make sense in view of the disclosure. The inner panel cover 9 is not covered by anything and as such cannot be covered by coupling the door frame and inner panel. The limitation appears to be out of order, from the disclosure it seems like “the door BIW is configured by the coupling the door frame and a door inner panel, the door frame and the inner panel are covered by an inner panel cover” or something similar was meant.
Dependent claims are rejected as depending from a rejected claim.
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(s) 1-8, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US patent 6880293 to Ishikawa (hereinafter Ishikawa) in view of US patent 6698140 to Tatsumi (hereinafter Tatsumi).
Regarding claim 1, as best understood, the flush door is shown in Ishikawa in figures 1-7F with
a door body (main structure of door 11, see figure 1) having a door frame (with outer body panel 65);
a door module (window regulator 30) mounted on the door frame;
a glass (25) configured to be moved up and down by the door module (30); and
a slider (49) including a movement guide including a connection part (56) connected to the glass (25) and a body part (55) located in a U-shaped section formed by a rail (45) and a garnish plate (27),
wherein the rail (45) and the garnish plate (27) are configured separately, and
wherein the garnish plate (27) covers an open section of the rail (45) and guides movement of the slider (49).
As noted in the above 112s it is unclear if door module refers to the carrying plate with components such as a window lifter or the window lifter itself. If the window lifter is intended the module is shown in Ishikawa. However, Ishikawa is silent as to a plate carrying components if the more typical definition of door module is intended.
A door module carrying components is shown in Tatsumi in figure 1 where door module (7) carries components including a window lifter (6) and is mounted to a door body (4).
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 flush vehicle door of Ishikawa with the door module carrying components of Tatsumi because door modules were known in the art to provide for easy pre-assembly of the components such as the window lifter to the module and then installation of the module with components to the door body.
Regarding claim 2, the rail (45), slider (49) and garnish plate (27) are made of hard material (i.e. are rigid) in Ishikawa.
Regarding claim 3, the rail (45) and the garnish plate (27) form the U-shaped section in an overlapping section in which the open section of the rail (45) is covered by the garnish plate (27) while the rail (45) and the garnish plate (27) are spaced apart from one another (spacing for receiving slider 49) in Ishikawa.
Regarding claim 4, the U-shaped section supports a reaction force of the door body generated by upward/downward movements of the glass (25) in Ishikawa.
Regarding claim 5 as best understood, a micro clearance structure (88,111 similar to applicant’s disclosed structure of a nut and bolt) is included in the U-shaped section (between garnish plate and door frame, similar to applicant’s figure 2), and wherein the micro clearance structure (88,111) constrains the glass (25) at a location according to the upward/downward movement of the glass (25) in Ishikawa.
Regarding claim 6, a glass run inner lip (94) is assembled to the rail (45), and wherein the glass run inner lip (94) forms an airtight seal at an inside of the glass (25) in Ishikawa.
Regarding claim 7, the glass (25) is connected to the connection part (56) by adhesion of a sealant (104) in Ishikawa.
Regarding claim 8, the body part (55) of the slider (49) absorbs a distribution of the U-shaped section in Ishikawa.
Regarding claim 13, the door frame (with 65) is provided with a location hole (87) and a bolt hole (113); the rail (45) is constrained by coupling a guide pin (86) with the location hole (87); and the garnish plate (27) is constrained by coupling an insert bolt (111) and the bolt hole (113) in Ishikawa.
Regarding claim 15 as best understood, the door body is configured by the coupling the door frame (with 65) and a door inner panel (66), the door frame (65) and inner panel (66) are covered by an inner panel cover (81), and wherein an inner panel cover lip (82) assembled to the inner panel cover (81) forms an airtight seat at an inside the glass (25) in Ishikawa.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa (and Tatsumi) as applied to claim 8 (as well as claims 1-7, 13, and 15) above, and further in view of US patent 9925850 to Yoshida (hereinafter Yoshida).
Regarding claim 9, Ishikawa is silent as to the slider (49) having a tension part.
A tension part is shown in Yoshida in figures 1-13B where slider (23) has a tension part (28b).
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 flush vehicle door of Ishikawa (having the door module carrying components of Tatsumi) with the tension part of Yoshida because tension parts provided the known benefit of an elastic or spring connection between slider and rail.
Regarding claim 10, Ishikawa is silent as to the slider (49) end shape.
A circular end is shown in Yoshida in figures 1-13B where slider (23) has a circular end (28c).
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 flush vehicle door of Ishikawa (having the door module carrying components of Tatsumi) with the circular ends of Yoshida because circular ends provided the known benefit of limiting jamming of the slider (i.e. by having a curved end rather than a flat end).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa (and Tatsumi) as applied to claim 1 (as well as claims 2-8, 13, and 15) above, and further in view of KR 20040039630 to Song (hereinafter Song).
Regarding claim 11, the galls (25) and slider (49) are connected by bonding sealant (104) to the connection part (56) in Ishikawa.
However, Ishikawa is silent as to the slider (49) having grease.
Grease is shown in Song in figures 1-2 where slider (40) has grease (80) between body part (50) and rail (30).
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 flush vehicle door of Ishikawa (having the door module carrying components of Tatsumi) with the grease of Song because grease provided the known benefit of friction reduction.
Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa (and Tatsumi) as applied to claim 1 (as well as claims 2-8, 13, and 15) above, and further in view of Official Notice.
Regarding claim 12, Ishikawa shows a single piece garnish (27), not a two piece garnish plate and cover.
Examiner takes Official Notice that two piece garnishes were old and well known.
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 flush vehicle door of Ishikawa (having the door module carrying components of Tatsumi) with the known two piece garnish because two piece garnishes provided the benefit of having the fastening members (88 and 111 in Ishikawa) on the durable plate member while allowing the visible garnish cover to be a simpler construction (i.e. without 111).
Regarding claim 14, a nut (111) is applied to a fixing portion of the garnish (27) and a screw (86) is applied to a fixing portion of the rail in Ishikawa.
However, Ishikawa does not teach a pad.
Examiner takes Official Notice that pads were old and well known.
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 flush vehicle door of Ishikawa (having the door module carrying components of Tatsumi) with the known pad because pads provided the benefit of a softer or dampened engagement between abutting surfaces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/Primary Examiner, Art Unit 3619