DETAILED ACTION
This action is a first action on the merits. The claims filed on December 6, 2024 have been entered. Claims 1-7 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 .
Election/Restrictions
This application claims foreign priority to German Patent Application No. DE10 2023 136 565.7 filed on December 22, 2023 and German Patent Application No. DE 10 2024 103 222.7 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 statement (IDS) filed on December 6, 2024 and April 23, 2026 has been considered by the Examiner.
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 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 (folding top for a convertible vehicle), comprising:
a first curved roof shell (panel bow 24),
a second curved roof shell (panel bow 26) and
a convertible top linkage, by which the two roof shells (24, 26) are displaceable between a cover position (straightened position as shown in Fig 3), which spans a vehicle interior and in which the two roof shells are disposed one behind the other in the longitudinal roof direction (as seen in Fig 3, par [0025]), and a storage position (bent position, Fig 5, par [0025]), which opens the vehicle interior towards the top and in which the two roof shells (24, 26) are received by a convertible top storage space (accommodated in a rear top storage box 12, par [0020]) and are disposed one behind the other in an upright position in the same curve direction (as seen in Fig 5, par [0023]),
the convertible top linkage (top linkage 16) comprising a link arrangement (link assembly 18) on each of two sides in relation to a vertical longitudinal center convertible-top (10) plane (see abstract, par [0021]),
the link arrangements (18) each comprising a first multi-bar arrangement (main links 30 and 32 pivotably mounted on a main bearing 33 attached to a vehicle body (not shown) and which form a main multi-bar linkage or main four-bar linkage together with a roof middle link 34, par [0024]), a second multi-bar arrangement, which is driven by the first multi-bar arrangement, and a main bearing (main bearing 33), on which the first multi-bar arrangement is articulated and which is adjustable in height (main links 30 and 32 pivotably mounted on a main bearing 33 attached to a vehicle body, par [0024], which adjusts the height of the main links 30, 32, see Fig 3-5).
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willard, US 2004/0041437 (hereinafter Willard).
Claim 1: Willard discloses a convertible top (convertible top roof system, abstract), comprising:
a first curved roof shell (hard-top front roof 23),
a second curved roof shell (hard-top rear roof 25) and
a convertible top linkage (top stack mechanism 27) by which the two roof shells (23, 25) are displaceable between a cover position (as shown in Fig 5), which spans a vehicle interior and in which the two roof shells (23, 25) are disposed one behind the other in the longitudinal roof direction (fully raised and closed positions covering a passenger compartment 33, see Fig 1, par [0025]) and a storage position, which opens the vehicle interior towards the top and in which the two roof shells are received by a convertible top storage space and are disposed one behind the other in an upright position in the same curve direction (fully retracted and open positions, show in Fig 3, 10, wherein roofs 23 and 25 are stowed in a roof storage area or compartment 35, see Fig 3, 10, par [0025]);
the convertible top linkage (27) comprising a link arrangement (first four-bar linkage assembly 51, a second four-bar linkage assembly 53) on each of two sides in relation to a vertical longitudinal center convertible-top plane (top stack mechanism 27 is in mirrored symmetry in both outboard sides of the vehicle, par [0026])
the link arrangements (51, 53) each comprising a first multi-bar arrangement (a second four-bar linkage assembly 53), a second multi-bar arrangement (first four-bar linkage assembly 51), which is driven by the first multi-bar arrangement (53), and a main bearing (mounted bracket 73), on which the first multi-bar arrangement is articulated and which is adjustable in height (second four-bar linkage assembly 53 is rotated on bracket 73 and is adjustable in height by said rotation on backet 73, par [0027]).
Claim 2: Willard discloses wherein the first multi-bar arrangement (53) is a four-bar arrangement (second four-bar linkage assembly 53) and a link of the four-bar arrangement is a bearing link (link 77), to which the second roof shell (25) is connected (distal end of link 77 is enlarged and is pivotally attached to plate 61 attached to rear roof 25, par [0027]) and which is a main link (distal link 77 is a main link as shown in Figs 5- 7), which is pivotably mounted on the main bearing (parallel links 75 and 77 which each have a proximal end pivotally coupled to bracket 73, see Fig 7, par [0027]).
Claim 3: Willard discloses wherein a drive motor is fastened to the bearing link (77) for the four-bar arrangement (53) (hydraulic actuator 55 is pivotally coupled to a middle section of link 77, par [0028], electric motor actuators can be used in place of one or more of the disclosed hydraulic actuators, par [0036]).
Claim 4: Willard discloses wherein the first multi-bar arrangement (53) drives the second multi-bar arrangement (first four-bar linkage assembly 51) via a coupling link (control linkage mechanism includes a first drive link 81 and a second drive link 83 pivotally coupled to the first drive link, par [0036]).
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Willard in view of Wullrich, US 2011/0049941 (hereinafter Wullrich).
Claim 5: Willard discloses wherein a link of the second multi- bar arrangement is a bearing link (single link 63), to which the first roof shell (23) is connected.
Willard fails to disclose the second multi-bar arrangement (52) is a seven-bar arrangement.
Wullrich discloses a first four-bar arrangement with the pivot points. It has to be understood that further pivot points can be provided, the first four-bar arrangement thus forming, in particular, part of a seven-bar arrangement or of a multi-bar arrangement of some other configuration (par [0011]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second multi-bar arrangement of Willard to include further pivot points forming a seven-bar arrangement as disclosed by Wullrich as it is understood in the art that further pivot-points can be added to a four-bar arrangement to form a seven-bar arrangement and one of ordinary skill in the art would have been capable of making the modification of the four-bar arrangement to the seven bar arrangement with reasonable expectations of success.
Claim 6: Willard, as modified by Wullrich, further discloses the first and second multi-bar arrangements are connected to one another by shared links (Willard, top stack mechanism 27, Fig 5-7, Wullrich, folding top arrangement 100 as seen Fig 3).
Willard, as modified by Wullrich, are silent as to a link of the seven-bar link is formed by a main link of the first multi-bar arrangement, which is pivotably mounted on the main bearing.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second seven-bar link arrangement to be formed with a main link of the first multi-bar arrangement, which is pivotably mounted on the main bearing as one of ordinary skill in the art would have recognized that applying the known technique of the first and second multi-bar arrangements sharing a main link pivotably mounted on the main bearing would have yielded the predictably results of forming top stack mechanism for moving the front and rear roofs of the convertible top (Willard, par [0025]). One of ordinary skill in the art would clearly be capable of making such a modification.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Willard in view of Koch, US 2008/0309116 (hereinafter Koch).
Claim 7: Willard fails to disclose wherein the main bearing is displaceable on a guide rail to be adjustable in height.
Koch discloses a that it is advantageous to design the front main bearings in each case of each control linkage to be height-adjustable in relation to the associated bracket (par [0010]). A main bearing (bracket 46) is displaceable on a guide rail (control path 56) to be adjustable in height (as seen in Fig 7-9, par [0038]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the front main bearings of Willard to be height adjustable as disclosed by Koch, as Koch discloses that it is advantageous to design the front main bearings to be height-adjustable in relation to the associated bracket (Koch, par [0038]) and one or ordinary skill in the art would have had a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Neuberger et al., German Patent No. DE 102009035190 A1 (hereinafter Neuberger) which discloses a folding top for a passenger car and the disclosure of Fuchs et al., PCT No. WO 03/104006 A1 (hereinafter Fuchs) which discloses a folding-top compartment hood housing covering for vehicles, are relevant to the claims but were not relied upon in the current rejection.
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. 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, 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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