DETAILED ACTION
This non-final Office action is in response to the claims filed on February 24, 2025.
Status of claims: claims 1-20 are hereby examined 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 18, 2025 and July 15, 2025 were considered by the examiner.
Drawings
The drawings are objected to because: the recitation of claim 13, including the “slide rail,” is not illustrated in the figures.
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
Claims 4, 6, 19 and 20 are objected to because of the following informalities:
Claims 4 and 20 – “wherein a first quantity of the at least one fastening point is the same as a second quantity of the components” is awkwardly written and perhaps should be amended to something along the lines of “wherein the quantity of the at least one fastening point is the same quantity of the components.”
Claim 6, line 2 – perhaps “wherein” should be amended to “wherein the”
Claim 19, line 2 – perhaps “located configured” should be amended to “configured”
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 1-20 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 pre-AIA the applicant regards as the invention.
Claims 1, 15, 17, and 18 – the term “elastic” in the claims is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the claims are deemed indefinite.
Further, claims dependent on a rejected claim are rejected for at least being dependent upon a rejected claim.
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 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.
Claims 1, 4-7, 10, 11, 13-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP S6160344A to Sugiyama et al. (hereinafter “Sugiyama”)
Sugiyama discloses a fastening apparatus, comprising:
a multi-stage telescopic member comprising a plurality of components 26,27, wherein the components are slidably and sequentially sleeved, and wherein the components comprise a top component 27 configured to couple to a mobile apparatus 20; (see FIGS. 1-3 below)
an elastic connecting member 28 configured to:
be disposed between the top component and the mobile apparatus; and
(see FIGS. 1 and 3 below; note a portion of the elastic connecting member 28 is disposed between a portion of the top component 27 and the mobile apparatus 20)
extend or retract the multi-stage telescopic member as the mobile apparatus moves; and
at least one fastening point 29 disposed on the multi-stage telescopic member and configured to fasten a harness 25, (see FIG. 3 below)
wherein a first end of the harness is configured to couple to the mobile apparatus, and
wherein a second end of the harness is configured to couple to a power supply apparatus to supply power to the mobile apparatus through the harness. (see FIG. 3 below and page 2 of the applicant provided translation of Sugiyama) (claim 1)
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Sugiyama further discloses wherein the first quantity of the at least one fastening point is the same as a second quantity of the components, and wherein one fastening point (see points 29 and 30 in FIG. 3 above) of the at least one fastening point is disposed on each of the components. (claim 4)
Sugiyama further discloses wherein each of the components is of a hollow structure and is configured to accommodate the harness. (see FIG. 3 above) (claim 5)
Sugiyama further discloses wherein the components further comprises a bottom component 26, wherein top component comprises a first hole (see FIG. 3 above) configured to lead out the first end and wherein the bottom component comprises a second hole configure to lead out the second end. (claim 6)
Sugiyama further discloses wherein the at least one fastening point comprises:
a first fastening point 29 disposed on the top component; (see FIG. 3 above) and
a second fastening point 30 disposed on the bottom component,
wherein a portion of the harness between the first fastening point and the second fastening point is configured to be distributed in a U shape (see FIG. 4 of Sugiyama) when the multi-stage telescopic member is retracted to be shortest. (claim 7)
Sugiyama further discloses wherein each of the components is a baffle plate, wherein the fastening apparatus further comprises an accommodation portion comprising an opening (see annotated FIG. 1 above) disposed opposite to the multi-stage telescopic member, and wherein a range of the opening covers the at least one fastening point.
(note: the specification fails to disclose “baffle.” Thus, the examiner relied upon the Merriam Webster Dictionary for a definition of baffle (see below). And the examiner submits that the components of Sugiyama deflect the passage of at least sound; thus reading on the recited term “baffle.”) (claim 10)
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BAFFLE Definition & Meaning - Merriam-Webster
Sugiyama further discloses wherein the accommodation portion further comprises an upper end and a lower end, wherein the components further comprise a bottom component 26, and wherein the fastening component further comprises:
a first hole provided at the upper end or the top component and configured to lead out the first end; (see FIG. 3 above) and
a second hole provided at the lower end or the bottom component and configured to lead out the second end. (see FIG. 3 above) (claim 11)
Sugiyama further discloses the accommodation portion is configured to mount a slide rail of the mobile apparatus. (Note: “configured to mount a slide rail of the mobile apparatus” constitutes an intended use recitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.) (claim 13)
Sugiyama further discloses wherein the harness is a flat harness. (Note, when lying flat, the harness is in fact a “flat harness.”) (claim 14)
Sugiyama discloses a vehicle door 10, comprising:
a mobile apparatus 20 configured to move; (see FIGS. 1-3 above)
a harness 25 comprising:
a first end configured to couple to the mobile apparatus; and
a second end configured to couple to a power supply apparatus to supply power to the mobile apparatus through the harness; and
a fastening apparatus, comprising:
a multi-stage telescopic member comprising a plurality of components 26,27, wherein the components are slidably and sequentially sleeved, wherein the components comprise a top component 27 configured to couple to the mobile apparatus;
an elastic connecting member 22,28 configured to:
be disposed between the top component and the mobile apparatus; and
(see FIGS. 1 and 3 above; note a portion of the elastic connecting member 28 is disposed between a portion of the top component 27 and the mobile apparatus 20)
to extend or retract the multi-stage telescopic member as the mobile apparatus moves; and
at least one fastening point 29 disposed on the multi-stage telescopic member and configured to fasten the harness. (claim 15)
Sugiyama further discloses wherein the mobile apparatus is a liftable vehicle door glass 20 (see FIG. 1 above) coupled to the fastening apparatus. (claim 16)
Sugiyama further discloses wherein the liftable vehicle door glass is coupled to the fastening apparatus through the elastic connecting member. (see FIGS. 1-3 above) (claim 17)
Sugiyama discloses a vehicle comprising:
a vehicle door 10, comprising:
a mobile apparatus 20 configured to move; (see FIGS 1-3 above)
a harness 25 comprising:
a first end configured to couple to the mobile apparatus; and
a second end configured to couple to a power supply apparatus to supply power to the mobile apparatus through the harness; (see FIGS 1-3 above) and
a fastening apparatus comprising:
a multi-stage telescopic member comprising a plurality of components 26,27, wherein the components are slidably and sequentially sleeved, wherein the components comprise a top component configured to couple to the mobile apparatus;
an elastic connecting member 28 configured to:
be disposed between the top component and the mobile apparatus; and
(see FIGS. 1 and 3 above; note a portion of the elastic connecting member 28 is disposed between a portion of the top component 27 and the mobile apparatus 20)
to extend or retract the multi-stage telescopic member as the mobile apparatus moves; and
at least one fastening point 29 disposed on the multi-stage telescopic member and configured to fasten the harness. (claim 18)
Sugiyama further discloses wherein a first quantity of the at least one fastening point 29,30 is the same as a second quantity of the components 26,27, and wherein one fastening point of the at least one fastening point is disposed on each of the components. (see Fig. 3 above) (claim 20)
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 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.
Claims 2, 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama, as applied to claims 1 and 18 above, in view of US 335286 to Jones.
Sugiyama discloses wherein the components further comprise a bottom component 26 (see FIG. 3 above) configured to couple to a support base 23 wherein the fastening apparatus further comprises a connector disposed between the bottom component and the support base to rotate the multi-stage telescopic member along an axis of the connector. (see FIG. 1 and 3 above. Note a connector, extending through the hole in element 26a illustrated in FIG. 3, connects the bottom component 26 to the support base 23.) However, Sugiyama fails to disclose a rotating shaft.
Jones teaches of a rotating shaft. (screw; see FIG. 1)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to connect the Sugiyama bottom component and support base with a rotating shaft, as taught by Jones, with a reasonable expectation of success in order to assist with assembly of the fastening apparatus to the vehicle door and to ensure a strong, yet removable, connection between the bottom component and support base. (Note: when disposing the shaft between the bottom component and the support base, the shaft must rotate to ensure the connection between the bottom component, support base, and door panel.) (claims 2 and 19)
Sugiyama, as applied above, further discloses wherein the rotating shaft comprises a rotating rod or pivot rotating shaft a. (see FIG. 1 of Jones) (claim 3)
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama, as applied to claim 1 above, in view of US 20230151670 to Carl et al. (hereinafter “Carl”)
Sugiyama fails to disclose the harness is a drag chain harness.
Carl teaches of a drag chain harness (“drag chain-like guide element for guiding the cable”: the examiner has interpreted the “drag chain-like guide element” and “cable” to read on a “drag chain harness;” see [0011])
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the harness disclosed in Sugiyama with the drag chain harness taught in Kida with a reasonable expectation of success in order to assist with guiding of the harness during movement of the telescoping member. (claim 8)
Sugiyama, as applied above, further discloses wherein each of the components further comprises a surface having an opening. (see FIG. 3 above; each end of each component has a surface with an opening, wherein the harness extends through each opening) (claim 9)
Allowable Subject Matter
Claim 12 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 7:30 -4 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Daniel Cahn can be reached on 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634