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 § 102
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) 1,3,4 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abreu (FR 2952144).
The Abreu reference discloses a vehicle window assembly (see Figure 3) comprising a first window 2, a second window 1, a first seal 13 with a hook (17,17a) and a second seal (proximate reference numeral 19) with at least one flange (20,19), wherein the first and second seal interface together to seal a gap (see Figure 3), as claimed.
In regard to claims 3, 4, 6, see Figure 3.
In regard to claim 7, the hook (17,17a) would clearly be turned down when the windows would be turned or viewed on their sides.
In regard to claim 8, see upper flange (proximate reference numeral 20) and lower flange 19 in Figure 3.
In regard to claim 9, the height of the upper flange is defined by the thickness of the flange 20 and the height of the lower flange is the length of flange 19 in Figure 3.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz (US 6,332,645) in view of Abreu (FR 2952144).
The Schwarz reference discloses a vehicle window assembly comprising a first window 2, a second window 1, a first seal 9 and a second seal 8 that are configured to seal a gap 3. The Schwarz reference fails to disclose the first seal as having a hook and the second seal as having at least one flange, as claimed. Attention is directed to the Abreu reference which discloses another vehicle window assembly having a first seal 13 with a hook (17,17a) and a second seal (proximate reference numeral 19) with at least one flange (20,19), wherein the first and second seal interface together to seal a gap (see Figure 3), as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a first and second seal arrangement having respective hook and at least one flange, as, for example, taught by Abreu for the first and second seal arrangement of Schwarz, wherein so doing would merely amount to the substitution of one known seal arrangement for another that would work equally as well in the window assembly of Schwarz et al.
In regard to claims 2 and 5, the Schwarz windows are for the roof of a vehicle and the gap clearly runs in a cross-vehicle direction.
In regard to claims 3, 4, 6, see Figure 3 of Abreu.
In regard to claim 8, see upper flange (proximate reference numeral 20) and lower flange 19 in Figure 3 of Abreu.
In regard to claim 9, the height of the upper flange is defined by the thickness of the flange 20 and the height of the lower flange is the length of flange 19 in Figure 3 of Abreu.
Conclusion
Claims 10-14 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.
Claims 15-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record, with the Abreu reference being the closest prior art device, alone or in combination, teach Applicant’s invention of a window assembly inclusive of details regarding at least one flange that seals against an topside of a hook when a first window is installed prior to a second window and configured to seal to the underside of the hook with the first window is installed after the second window. To modify the closest prior art device to have such limitations would involve teachings gleaned only from the instant application for patent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN O DOUGLAS whose telephone number is (571)272-4885. The examiner can normally be reached Monday - Thursday 5:30-4:00 EST.
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/STEVEN O DOUGLAS/Primary Examiner, Art Unit 3612
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