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 .
Drawings
Examiner notes that although the response filed December 2, 2025 states the replacement drawings are included therewith and includes the one page cover sheet for such replacement drawings the drawings themselves are not present in the file. All 15 pages of the submission have been reviewed to ensure the drawings were not mislabeled. As such the objections below remain.
The drawings are objected to because:
The drawings fail to meet the standards for lines set forth in 37 C.F.R. 1.84(l). Per 37 C.F.R. 1.84(l) “Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined.” The present figures all contain lines that are not uniformly thick but instead are pixelated and as such do not reproduce well (figures become blurry on reproduction as shown in PG Pub). Further, figure 4 does not have black lines but instead appears to be medium grey.
The reference arrow for slot 211 in figure 4 points to the upper end of the exterior plate 21, not to the slot between plate 21 and glass 3.
Figures 9-11 include reference numerals only for the end caps and ribs and as such it is difficult to determine which side of the beltline seal is being shown. Examiner suggests labeling the lip (appears to be lip 141 in figures 9 and 10).
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 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) 1-3, 7, 9, 13, and 14 are is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 216231623 to Bai (from IDS filed 3/27/2025, hereinafter Bai) in view of DE 102015014819 to Fisch (from IDS of 3/27/2025, hereinafter Fisch).
Regarding claim 1, the concealed beltline molding is shown in Bai in figures 1 and 2 with
an exterior beltline molding (3), configured to be assembled between a side door assembly (figure 1) and a window glass (4) of a vehicle (translated abstract), wherein when assembled on the vehicle, the exterior beltline molding (3) has a highest point lower than an upper edge (figure 2) of a side door exterior plate (1); the exterior beltline molding (3) comprises a main body (35), a sealing lip (31,32) and a glass abutting lip (34), the main body (3) is configured to be fixedly connected with an side door interior plate (plate 2 and unnumbered plate, see annotated figure 2 below) of the vehicle, and the sealing lip (31,32) and the glass abutting lip (34) extend from the main body (35) to the side door exterior plate (1) and the window glass (4) of the vehicle respectively; the glass abutting lip (34) is configured to abut against the window glass (4) of the vehicle;
the sealing lip (31,32) comprises a first sealing lip (32) and a second sealing lip (31); the first sealing lip (32) extends from an upper part of the main body (35) toward the side door exterior plate (1), and is configured to abut against the side door exterior plate (1) at a position lower than the upper edge (figure 2) of the side door exterior plate (1); the second sealing lip (31) is disposed below the first sealing lip (32), extends obliquely from a surface of the main body (35) facing the side door exterior plate (1) toward the side door interior plate (2,unnumbered plate), and is configured to abut against the side door interior plate (abuts portion 2);
wherein the main body (35) is configured to be fixedly connected with the side door interior plate (2,unnumbered plate) comprising a first plate member (2) and a second plate member (unnumbered plate), the second sealing lip (31) is configured to abut against the first plate member (2), and the main body (35) is configured to be fixedly connected with the second plate member (unnumbered plate).
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However, Bai does not teach the main body being U-shaped with an assembly lip.
A U-shaped main body is shown in Fisch in figures 1 and 2 with beltline (20) having a main body (32) that is U-shaped (figure 2) and the man body (32) is configured to be clamped to the second plate member (40) with an opening facing downwards; the assembly lip (figure 2, unnumbered shown engaging flange 44 inside U-shaped portion of main body) extends from an inner side wall toward another inner side wall opposite to the inner side wall inside the main body (32), and the assembly lip is configured to abut against the second plate member (40) extending into the main body (32).
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 vehicle with beltline molding of Bai with the U-shaped main body having an assembly lip of Fisch because the U-shaped body provided the known benefit of improved connection between beltline and door without the need for a separate connector (i.e. the U-shaped is a connector) and the assembly lip facilitates the frictional connection of the U-shaped main body with the door plate.
Regarding claim 2, the first plate member (2) is fixedly connected with the side door exterior plate (1) and is disposed on a side of the second plate member (unnumbered plate) close to outside of the vehicle (to the left in figure 2); lower parts of the first plate member (2) and the second plate member (unnumbered plate) are fitted with each other (figure 2), and upper ends of the first plate member (2) and the second plate member (unnumbered plate) extend toward a direction in which the side door exterior plate (1) is disposed and a direction in which the window glass (4) is disposed, respectively in Bai.
Regarding claim 3, the glass abutting lip (34) comprises a first abutting lip (34, first lip does not require a second lip), the first abutting lip (34) is spaced apart from the first sealing lip (32) and extends from the upper part of the main body (35) toward the window glass (4) of the vehicle; the first abutting lip (34) is configured to abut against the window glass (4) of the vehicle, and is configured to cooperate with the main body (35) and the first sealing lip (32) to seal a gap between the side door exterior plate (1) and the window glass (4) in Bai.
Regarding claim 7, the vehicle is shown in Bai in figures 1 and 2 with
An exterior beltline molding (3), and further comprising a side door exterior plate (1) and a side door interior plate (2,unnumbered plate); wherein the side door interior plate (2,unnumbered plate) comprises a first plate member (2) and a second plate member (unnumbered plate); the first plate member (2) is fixedly connected with the side door exterior plate (1) and is disposed on a side (left in figure 2) of the second plate member (unnumbered plate) close to outside of the vehicle; lower ends of the first plate member (2) and the second plate member (unnumbered plate) are fitted with each other (figure 2), and upper ends of the first plate member (2) and the second plate member (unnumbered plate) extend toward a direction in which the side door exterior plate (1) is disposed and a direction in which a window glass (4) is disposed, respectively; the second plate member (unnumbered plate) is fixedly connected with the main body (35);
the exterior beltline molding (3), configured to be assembled between a side door assembly (figure 1) and the window glass (4) of a vehicle (translated abstract), wherein when assembled on the vehicle, the exterior beltline molding (3) has a highest point lower than an upper edge (figure 2) of a side door exterior plate (1); the exterior beltline molding (3) comprises a main body (35), a sealing lip (31,32) and a glass abutting lip (34), the main body (3) is configured to be fixedly connected with an side door interior plate (plate 2 and unnumbered plate, see annotated figure 2 below) of the vehicle, and the sealing lip (31,32) and the glass abutting lip (34) extend from the main body (35) to the side door exterior plate (1) and the window glass (4) of the vehicle respectively; the glass abutting lip (34) is configured to abut against the window glass (4) of the vehicle;
the sealing lip (31,32) comprises a first sealing lip (32) and a second sealing lip (31); the first sealing lip (32) extends from an upper part of the main body (35) toward the side door exterior plate (1), and is configured to abut against the side door exterior plate (1) at a position lower than the upper edge (figure 2) of the side door exterior plate (1); the second sealing lip (31) is disposed below the first sealing lip (32), extends obliquely from a surface of the main body (35) facing the side door exterior plate (1) toward the side door interior plate (2,unnumbered plate), and is configured to abut against the side door interior plate (abuts portion 2);
wherein the main body (35) is configured to be fixedly connected with the side door interior plate (2,unnumbered plate), and the second sealing lip (31) is configured to abut against the first plate member (2), and the main body (35) is configured to be fixedly connected with the second plate member (unnumbered plate).
However, Bai does not teach the main body being U-shaped with an assembly lip.
A U-shaped main body is shown in Fisch in figures 1 and 2 with beltline (20) having a main body (32) that is U-shaped (figure 2) and the man body (32) is configured to be clamped to the second plate member (40) with an opening facing downwards; the assembly lip (figure 2, unnumbered shown engaging flange 44 inside U-shaped portion of main body) extends from an inner side wall toward another inner side wall opposite to the inner side wall inside the main body (32), and the assembly lip is configured to abut against the second plate member (40) extending into the main body (32).
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 vehicle with beltline molding of Bai with the U-shaped main body having an assembly lip of Fisch because the U-shaped body provided the known benefit of improved connection between beltline and door without the need for a separate connector (i.e. the U-shaped is a connector) and the assembly lip facilitates the frictional connection of the U-shaped main body with the door plate.
Regarding claim 9, the glass abutting lip (34) comprises a first abutting lip (34, first lip does not require a second lip), the first abutting lip (34) is spaced apart from the first sealing lip (32) and extends from the upper part of the main body (35) toward the window glass (4) of the vehicle; the first abutting lip (34) is configured to abut against the window glass (4) of the vehicle, and is configured to cooperate with the main body (35) and the first sealing lip (32) to seal a gap between the side door exterior plate (1) and the window glass (4) in Bai.
Regarding claim 13, the upper end (figure 2) of the second plate member (unnumbered plate) is disposed between the first plate member (2) and the window glass (4) of the vehicle, and the upper end (figure 2) of the first plate member (2) extends into a slot (figure 2) provided on an upper portion (figure 2) of the side door exterior plate (1); the slot is formed by bending an upper edge of the side door exterior plate (1) toward a side of interior of the vehicle, and the first sealing lip abuts against the upper portion of the side exterior plate (1) in Bai.
Regarding claim 14, a first angle (see annotated figure 2 above) is formed between portions of the first plate member (2) and the second plate member (unnumbered plate) close to a connecting position of the first plate member (2) and the second plate member (unnumbered plate), and a second angle (see annotated figure 2 above) is formed between the side door exterior plate (1) and the sealing lip 32), the second angle is an acute angle.
However, the first angle appears to be 90 degrees, not acute in Bai.
An acute angle is shown in Fisch in figure 2 where the angle between first plate (38) and second plate (40) close to their connecting portion is acute (figure 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 the vehicle with beltline molding of Bai, having the U-shaped main body of Fisch, with the acute first angle of Fisch because the acute angle allows for increased spacing between exterior plate and first plate member as shown in Fisch and thereby can allow for easier insertion of a U-shaped connector as in Fisch (see also MPEP 2144.04 IV Section B change in shape obvious).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bai and Fisch as applied to claim 7 (as well as claims 1-3, 9, 13, and 14) above, and further in view of US PG Pub 2017/0129318 to Uemura (hereinafter Uemura).
Regarding claim 15, Bai does not teach a boss on the first plate member engaging the second sealing lip.
A boss engaging a sealing lip is shown in Uemura in figure 4 where plate member (60) has a boss (60B) engaging a sealing lip (80).
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 vehicle with beltline molding of Bai, having the U-shaped main body of Fisch, with the boss of Uemura because the boss provides the known benefit of better frictional engagement with the sealing lip, i.e. smaller space between lip and plate and thus more compression as shown in Uemura figure 4 with compression of lip 80 (see also MPEP 2144.04 IV Section B change in shape obvious).
Allowable Subject Matter
Claims 5, 6, 11, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/2/2025 have been fully considered but they are not persuasive.
In regards to applicant’s arguments directed to the 102 rejections, examiner notes that as applicant has rolled up the limitations of claims 4 and 10, previously rejected under 103, the 102 rejections have been removed in favor of 103 rejections.
In regards to applicant’s arguments directed to the 103 rejections (particularly claims 4 and 10), examiner disagrees and maintains the combination of Bai and Fisch reads over the claimed invention.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument that Bai cannot be provided with the U-shaped member of Fisch as Bai includes a groove, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Examiner maintains that both grooves and flanges were known beltline engagement means as shown in Bai and Fisch and such known means are not opposites that cannot replace each other as argued by applicant but instead are known means that can be substituted for one another. Further examiner notes that Bai does not teach away from the attachment of Fisch nor does Fisch render Bai unsuitable for its intended purpose (see MPEP 2143.01). As such examiner maintains the combination is proper and reads over the present invention as currently claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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