DETAILED ACTION
This action is a first action on the merits. The claims filed on December 19, 2024 have been entered. Claims 1-10 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
This application claims benefit of Federal Republic of Germany Application No. DE102024103397.5 filed on February 7, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the recitation of “The invention” in lines 1 and 4 and is consider to be purported merits. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 2 and 3 is objected to because of the following informalities: The recitation of “an electric surface heater” in line 1 should likely be --the one or more electric surface heaters-- . Appropriate correction is required.
Claims 1-9 are objected to because of the following informalities: The recitation of “Pop-up roof” in line 1 should likely be --A pop-up roof-- in claim 1 and --The pop-up roof-- in claims 2-9. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: The recitation of “Recreation vehicle” in line 1 should likely be --The recreational vehicle-- in claim 10. 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 1-10 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.
Claims 1-3: The phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 5-6: The limitation "the upper shell and/or lower shell" in claims 5-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 7: The phrases "in particular" and “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 8: The phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 9: The limitation "the electrical connection” and “the pivotable mounting of the upper shell” in claim 9. There is insufficient antecedent basis for this limitation in the claim.
Claims 4 and 10 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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) 1-6, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozzi et al., US 2023/0136637 (hereinafter Gozzi) in view of Webasto, German Patent No. DE 20 2012 100 862 U1 (hereinafter Webasto) (all citations are to the English translation dated 2026).
Claim 1: Gozzi discloses a pop-up roof (pop-up roof 1 including rigid top 4 and foldable screen means 5) for a recreational vehicle (vehicle V) (see Fig 1, par [0046]).
Gozzi fails to disclose wherein at least one electric surface heater, in particular a heating foil, is integrated.
Webasto discloses a vehicle roof with a headliner comprising a heating device (22) formed on the carrier element (18) of the roof. The heating device (22) is formed from a heating foil (22) arranged on the side of the carrier element facing the vehicle interior (pg 2-3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the roof of Gozzi to include an electric surface heater of a heating foil as disclosed by Webasto, as one of ordinary skill in the art would have recognized that applying the known technique of a roof located heat source in the pop-up roof would yield the predictable results of assisting in bringing the additional space of the pop-up to a comfortable temperature for occupants (Webasto, pg 1). Further, Gozzi discloses that a common drawback with pop-up roofs is poor climatic comfort found in the additional pop-up volume (Gozzi, par [0013]) and one of ordinary skill in the art would have been motivated to modify of the pop-up roof of Gozzi with the heating foil of Webasto in order to help to solve this problem.
Claim 2: Gozzi, as modified by Webasto, discloses wherein an electric surface heater (Webasto, 22) is arranged on an upper shell of the pop-up roof (Gozzi, rigid top 4) and in particular is integrated into the upper shell (Webasto, heating device/ heating foil 22 is arranged on the side of the carrier element facing the vehicle interior, see Fig 2, pg 2-3).
Claim 3: Gozzi, as modified by Webasto, discloses wherein an electric surface heater (Webasto, 22) is arranged on a lying surface (Webasto, carrier element 18) of the pop-up roof (Gozzi, rigid top 4) and in particular is arranged on a lower shell of the pop-up roof (side of pop-up roof facing the interior) or is integrated into the lower shell (Webasto, heating device/ heating foil 22 is arranged on the side of the carrier element facing the vehicle interior, see Fig 2, pg 2-3).
Claim 4: Gozzi further disclose the pop-up roof (1) includes a sidewall (foldable screen means 5) in a flexible material (50) such as an awning made of suitable technical fabric (Fig 1-2, par [0046]).
Webasto further discloses the heating device can be formed from a heatable fabric in the tissue woven heating cables, such as copper cables, carbon or carbon fibers or the like, which heat when applying an electrical voltage (Webasto pg 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the pop-up roof sidewall of Gozzi to include the electric surface heater formed from a heatable fabric as disclosed Webasto, as one of ordinary skill in the art would have recognized that applying the known technique of a roof located heat source in the pop-up roof would yield the predictable results of assisting in bringing the additional space of the pop-up to a comfortable temperature for occupants (Webasto, pg 1). Further, Gozzi discloses that a common drawback with pop-up roofs is poor climatic comfort found in the additional pop-up volume (Gozzi, par [0013]) and one of ordinary skill in the art would have been motivated to modify of the pop-up roof of Gozzi with the heating foil of Webasto in order to help to solve this problem.
Claim 5: Gozzi further discloses the pop-up roof (1) includes an upper shell (rigid top 4 includes high roof H, par [0046]) and/or the lower shell (low roof P, Fig 5A-5B, par [0046]) of the pop-up roof (1).
Webasto further discloses at least one supporting layer (support element 18) and an optional further layer (cover fleece 20, decorative material 24), wherein the electric surface heater (22) is inseparably connected to at least one of the layers (Webasto, pg 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to further modify the upper shell of the pop-up roof of Gozzi with the at least one supporting layer and an optional further layer, as disclosed by Webasto, as one of ordinary skill in the art would have recognized that applying this modification would have provided the means for connecting the electric surface heater with the upper and/or lower shell of the pop-up roof while maintaining the visual appearance of the roof (Webasto, pg 3).
Claim 6: Gozzi further discloses wherein the upper shell and/or the lower shell of the pop-up roof (Gozzi, upper roof H and lower roof P with rigid roof 4) comprises at least a supporting layer (internal layers of rigid top 4) and an insulation material layer (rigid top 4 has layer of heat-insulating material 40), and a serving spacing (43)
Gozzi, as modified by Webasto, fails to disclose wherein the electric surface heater is embedded in the insulation material layer or applied thereto.
Webasto discloses the heating device formed from heatable fabric by in the fabric (tissue) woven heating cables.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to further modify the pop-up roof of Gozzi with the electric surface heater embedded into the insulating layer disclosed by Webasto, as one of ordinary skill in the art would have recognized that applying the known technique of applying the electric surface heater into the insulation layer would have yielded the predictable results of installing the electric surface heater and preventing unwanted heat loss and thereby assisting in bringing the additional space of the pop-up to a comfortable temperature for occupants (Webasto, pg 1).
Claim 8: Gozzi, as modified by Webasto, further discloses wherein the electric surface heater comprises a heatable textile (Gozzi, heatable fabric), in particular a sheet-like textile such as a woven fabric, knitted fabric, fleece and/or felt (flexible material 50, par [0046], [0061]).
Claim 10: Gozzi, as modified by Webasto, discloses a recreational vehicle (vehicle V) comprising a pop-up roof (1) according to claim 1 one of the preceding claims (Gozzi, see Fig 1).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozzi in view of Webasto as applied to claim 1 and further in view of Okamoto et al., US 2012/0061365 (hereinafter Okamoto).
Claim 7: Gozzi, as modified by Webasto, are silent as to wherein the electric surface heater, in particular heating foil, has at least one, preferably a plurality of recesses.
Okamoto discloses a radiation heating system (1) for a vehicle. The radiation heating system (1) includes a, electric heater (2), an exterior member (3) and a backside member (4). The exterior member (3) has a plurality of recesses (as shown in Fig 3A-3B, par [0043]-[0045]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the electric surface heater of Webasto to further include recesses as disclosed by Okamoto, as one of ordinary skill in the art would have recognized that applying the known technique of recesses in the electric surface heater would have yield the predictable results of allowing the heat of the electric surface heater to be transmitted directly to the space created by the pop-up roof and its occupants (Okamoto, par [0045]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozzi in view of Webasto as applied to claim 1 and further in view of Wittig et al., German Patent No. DE 102012015375 A1 (hereinafter Wittig).
Claim 9: Gozzi further discloses a pivotable mounting (lever mechanism 3) of the upper shell of the pop-up roof (rigid top 4) (see Fig 1-2, par [0042]).
Gozzi, as modified by Webasto, are silent as to the electrical connection of the electric surface heater is arranged in the region of the pivotable mounting of the upper shell of the pop-up roof.
Wittig discloses an electric surface heater (planer resistance heating element) with an electrical connection (contact tape 32) connected positively and non-detachably with one portion of the heating element (see abstract, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the electric surface heater of Gozzi as modified with Webasto, to include an electrical connection as one of ordinary skill in the art would have recognized that applying the known technique of an electrical connection to an electrical surface heater would have yielded the predictable result of providing electric power for operating the electrical surface heater.
Gozzi, Webasto, and Wittig are silent as to the location of the electrical surface heater in the region of the pivotable mounting of the upper shell.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, for the electrical connection to be arranged in the region of pivotable mounting of the upper shell of the pop-up roof, as one of ordinary skill in the art would recognized that the pivotable mounting is connected to the lower part of the roof and that the electrical connection would also need to be connected to the lower part of the roof, therefore placing the electrical connection in the region of the pivotable mounting would have minimized the need of connection locations of the upper part of the roof with the lower part of the roof. Further, one of ordinary skill in the art could have pursued said modification with a reasonable expectation of success.
Conclusion
Claims 1-10 are rejected. 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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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
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