DETAILED ACTION
This action is a first action on the merits. The claims filed on December 6, 2024 have been entered. Claims 1-13 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims foreign priority to the Federal Republic of Germany Patent Application Nos. DE 10 2023 136 552.5, filed on December 22, 2023 and DE10 2024 103 228.6 filed on February 6, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed December 6, 2024 and June 3, 2026 have been considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the “rear main-link arrangement”, “front bearing link”, “a stop surface”, and “the convertible top part” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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
Claim 1 is objected to because of the following informalities: the recitation of "Appropriate
Claim 8 is objected to because of the following informalities: The recitation of “wherein a stop lock which secures” should likely be --wherein a stop lock secures--.
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 3, 5-6, and 11 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 3 recites the limitation "the rigid convertible top" and “its active position” in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the Examiner has assumed that “the rigid convertible top” is the same as the rigid cover element recited in claim 1 and the “active position” is the same position as “the storage position” as recited in claim 1.
Claim 5 recites “the bearing link” in line 2, it is unclear as to which “bearing link” is being referred to as claim 1 recites both a “main bearing” and “a front bearing link”. For the purposes of examination, the examiner has assumed that “the bearing link” is the same as the front bearing link recited in claim 1.
Claim 11 recites “the front closing drive” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 is subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6, 8-9, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Podolski et al., US 2020/0198450 (hereinafter Podolski).
Claim 1: Podolski discloses a convertible top (top 10), comprising:
a convertible top linkage (top linkage 16), by which a convertible top cover (top cover 14) is displaceable between a cover position spanning a vehicle interior (straightened position as shown in Fig 3, par [0025]) and a storage position releasing the vehicle interior towards the top (bent position, see Fig 5, par [0025]) and which comprises a link arrangement on each of two sides in relation to a vertical longitudinal convertible-top center plane (Fig 3-5, par [0021]),
the link arrangements each comprising a rear main-link arrangement (two main links 30, 32), which is pivotably mounted on a corresponding main bearing (main bearing 33), and a front bearing link (top linkage 16 which has a link assembly 38), on which a rigid cover element (convertible top 12 made of panel bows 24, 26 and 28) is fastened which extends in the transverse convertible-top direction (see Fig 1) and is fixable to a front header of the vehicle in question when in the cover position (Fig 2, par [0020]);
wherein a stop link arrangement (fabric deflection lever 60 at stop 70) is pivotably mounted on the front bearing link (link assemblies 18 comprise two main links 30, 32) and comprises a stop link (fabric deflection lever 60) having a stop surface (at stop 70), the stop link (60) taking up a rest position, where the stop surface (at 70) is exposed, when in the cover position (as shown in Fig 3) and being pivoted to an active position (see Fig 5), where the stop surface (at 70) abuts against counter stop element (link 38), when in the storage position (as shown in Fig 5).
Claim 2: Podolski discloses wherein the counter stop element (link 38) is disposed on a convertible-top part (panel bows 24, 26 and 28) whose trajectory in relation to the main bearing (33) is prespecified by the pivoting behavior of the rear main-link arrangement (two main links 30, 32) (link 38 is hinged to roof middle link 34 and coupling link 44 which are connected to main links 32, 52, par [0024], the pivoting behavior of link 38 relative to the main bearing 33 is necessarily controlled by the two main links 32, 52 as seen in Fig 2-4).
Claim 3: Podolski discloses wherein the stop link (60, 70) engages over an edge of the rigid convertible-top element (panel bows 24, 26 and 28) when in its active position (when in the storage position as shown in Fig 5).
Claim 4: Podolski discloses wherein the stop link arrangement forms a multi-bar arrangement (fabric deflection lever 60 at stop 70 and front links 36, 38) formed on the front bearing link (link assemblies 18 comprise two main links 30, 32 which are connected to front links 36, 38, as shown in Fig 3-5).
Claim 5: Podolski discloses wherein the stop link arrangement (38, 60) is pivotable in relation to the bearing link (link assemblies 18 comprise two main links 30, 32) by means of a drive rod (support 40), which is articulated on an intermediate link (coupling link 44) disposed between the main-link arrangement (two main links 30, 32) and the bearing link (top linkage 16 which has a link assembly 38) (as shown in Fig 3-5).
Claim 6: Podolski discloses wherein the intermediate link (44) is a component of a multi-bar arrangement (coupling link 44, roof middle link 34, and coupling levers 46 and 48 comprise multi-bar arrangement, see Fig 3-5, par [0024]) between the main-link arrangement (30, 32) and the front bearing link (38).
Claim 8: Podolski discloses wherein a stop lock (surface at 70) which secures the front bearing link (link 38) to the counter stop element (front end of link 38 which engages 70) when in the storage position (as shown in Fig 5, par [0028]).
Claim 9: Podolski discloses wherein the stop lock (at stop 70) is pivotably mounted on the stop link arrangement (stop 70 is located on fabric deflection lever 60, see Fig 5, par [0028]).
Claim 12: Podolski discloses wherein the convertible-top cover (12) comprises at least two rigid roof shells and in that one of the roof shells is the rigid cover element which is fastened to the front bearing link and the other roof shell is mounted on the rear main-link arrangement.
Allowable Subject Matter
Claims 7, 10, and 13 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.
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claims 7, 10-11, and 13 contain allowable subject matter over the prior art as cited above.
Regarding claim 7: Podolski fails to disclose wherein the stop link has a pivot axis which coincides with a pivot axis of a locking hook of a front closing mechanism.
Kopp et al., US 2016/0318382 (hereinafter Kopp) discloses a locking hook (locking hook 34) of a front closing mechanism (closing unit 30). There is no motivation to modify the stop link of Podolski to have a pivot axis which coincides with a pivot axis of a locking hook of a front closing mechanism as disclosed by Kopp as the stop link of Podolski is not located near the front of the convertible top where the closure is located.
Regarding claim 10: Podolski discloses wherein the stop lock (at stop 70) is connected to a front closing element (front bow 20) via a coupling link (hinged to a support 40 for front bow 22).
Podolski fails to disclose the stop lock is drivable by a front closing drive.
Kopp discloses a drive device (locking element 46 is connected via a hinge point 50 to a hydraulic cylinder 52, par [0029]). However, there is no motivation to specifically modify the stop lock of Podolski to be drivable by a driving device.
Regarding claim 11: Podolski fails to disclose wherein the counter stop element forms a lock counter element in the cover position, the lock counter element interacting with a closing hook which is pivotably mounted on the front bearing link and is drivable by the front closing drive.
Regarding claim 13: Podolski fails to disclose wherein the main bearing is displaceable on a guide rail.
It would not have been obvious to modify the main bearing of Podolski to be displaceable on a guide rail as the main bearing (33) is rigidly attached to the vehicle and the function of the convertible top requires the main bearing (33) to be rigidly attached.
Conclusion
Claims 1-6, 8-9, and 11-12 are rejected. Claims 7, 10, and 13 are objected to. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676
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