DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6382701 B1 (cited on IDS dated 04/24/2026).
Regarding claim 1, US 6382701 B1 discloses (shown in Figures 1 to 4 in column 3, line 25 - column 4, line 20) discloses a convertible top (in column 3, lines 25-26), comprising a roof covering arrangement and a top frame (in column 2, lines 60-65), by means of which the roof covering arrangement can be moved between a top position covering a vehicle interior and an interior-position and one can be adjusted to a storage position that opens up the vehicle interior upwards (in column 1, lines 51- 58) and this is on both sides with respect to a vertical central plane of the roof includes a link arrangement (main column 3 and connecting rod 5 in column 3, lines 30-45), which is pivotably mounted on a respective main bearing (1 in column 3, lines 25-33), which can be displaced along a guide rail (16 in column 3, lines 45-50) by means of a drive arrangement (drive cable 11, cable linkage 20 and a hose-like jacket or a tube 21 in column 3, lines 57-61), wherein the drive arrangement (drive cable 11, cable linkage 20 and a hose-like jacket or a tube 21 in column 3, lines 57-61) includes a lever arrangement (connection rod 18 in column 3, lines 50-60), which is articulated to the main bearings (1 in column 4, lines 10-12) and is driven by at least one drive motor (in column 3, line 62 - column 4, line 8).
A professional understands 'drive arrangement' to mean all types, forms, and designs (levers, cables, bearings, etc.) considered as drives according to the state of the art, which fulfill the function of driving something, so that they can freely choose the appropriate one. The same applies to the feature 'lever arrangement,' where this includes one or more levers, links, etc., which are in direct or indirect connection with each other and can be taken into account by the professional.
Regarding claim 2, US 6382701 B1 discloses the convertible top
(in column 3, lines 25-26) according to claim 1, wherein the lever arrangement (connection rod 18 in column 3, lines 50-60) comprises a plurality of links
(main column 3 on each side of the vehicle shown in Figures 2-5 in column 4, lines 28-36) which are pivotable (hinge 23 in column 4, lines 28-36) in the transverse convertible-top direction.
Regarding claim 3, US 6382701 B1 discloses the convertible top
(in column 3, lines 25-26) according to claim 1, wherein the lever arrangement (connection rod 18 in column 3, lines 50-60) comprises two main links (main column 3 on each side of the vehicle shown in Figures 2-5 in column 4, lines 28-36) which are each hinged (hinge 23 in column 4, lines 28-36) to one of the main bearings (1 in column 3, lines 25-33) and whose respective end facing away from the respective main bearing (1 in column 3, lines 25-33) is guided on a guide track (16 in column 3, lines 45-50) extending in the transverse convertible-top direction.
Regarding claim 4, US 6382701 B1 discloses the convertible top
(in column 3, lines 25-26) according to claim 3, wherein each main link
(main column 3 on each side of the vehicle shown in Figures 2-5 in column 4, lines 28-36) is connected to a drive link arrangement (drive cable 11, cable linkage 20 and a hose-like jacket or a tube 21 in column 3, lines 57-61) which is driven by the drive motor (9 in column 3, lines 50-60).
Regarding claim 5. US 6382701 B1 discloses the convertible top
(in column 3, lines 25-26) according to claim 3, wherein each main link
(main column 3 on each side of the vehicle shown in Figures 2-5 in column 4, lines 28-36) is connected to one support link (connecting rod 5 in column 3, lines 30-45), which supports itself on a vehicle-mounted bearing (1 in column 3, lines 25-33) with its end facing away from the respective main link (main column 3 on each side of the vehicle shown in Figures 2-5 in column 4, lines 28-36).
Regarding claim 6, US 6382701 B1 discloses the convertible top
(in column 3, lines 25-26) according to claim 3, but does not show wherein the drive motor (9 in column 3, lines 60-67) is mounted on a connecting element between the guide tracks (16 in column 3, lines 60-67) extending in the transverse convertible-top direction.
In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 6, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the convertible top of US 6382701 B1 where the drive motor is mounted on a connecting element between the guide tracks extending in the transverse convertible-top direction, with a reasonable expectation of success because the location of the drive motor would not have modified the operation of the convertible top.
Regarding claim 7, US 6382701 B1 discloses the convertible top
(in column 3, lines 25-26) according to claim 1, wherein the drive motor
(9 in column 3, lines 60-67) is an electric motor (in column 3, lines 50-60).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 5645309 A teaches a drive arrangement for a retractable folding roof.
US 5015030 A teaches a drive linkage for automobile sunroof.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
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