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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/31/2025 has been entered.
Response to Amendment
2. Amendments filed 8/31/2025 have been entered, wherein claims 1-12 are pending. Claims 1-8 remain withdrawn. Accordingly, claims 9-12 have been examined herein. The previous claim objections have been withdrawn except for those maintained below.
Claim Objections
3. Claim 9 is objected to because of the following informalities:
Claim 9, line 6, “a single first assembly and a single second assembly” should read “a single first universal windshield wiper assembly and a single second universal windshield wiper assembly” to provide proper antecedent basis for the later introduced terms and to provide increased clarity
Claim 9, line 12, “a first universal windshield wiper assembly” should read “[[a]] the first universal windshield wiper assembly”
Claim 9, line 22, “a second universal windshield wiper assembly” should read “[[a]] the second universal windshield wiper assembly”
Claim 9, line 33, “installing a first side mount configured for” should read “installing a first side mount of the specific mounts configured for” to provide proper antecedent basis and reference the previously introduced specific mounts.
Claim 9, line 17 from bottom, “performs the proper torque and speed” should read “performs the [[proper]] required torque and speed” to remain consistent in terminology and avoid the antecedent basis issue.
Claim 9, line 15, “installing a second side mount configured for” should read “installing a second side mount of the specific mounts configured for” to provide proper antecedent basis and reference the previously introduced specific mounts.
Claim 9, line 2 from bottom, “performs the proper torque and speed” should read “performs the [[proper]] required torque and speed” to remain consistent in terminology and avoid the antecedent basis issue.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, the language of “a first shaft attached directly to said first gear box with no intermediary part therebetween” in line 15 of claim 9 and “a second shaft attached directly to said second gear box with no intermediary part therebetween” in line 25 of claim 9 appears to fail to comply with the written description requirement. The specification and disclosure does not appear to provide support for these limitations. Additionally, instant figure 2 appears to include an intermediary part between a shaft 28 and gear box 26. Overall, it does not appear that the instant disclosure provides support for the identified limitations. Claims 10-12 are rejected for depending upon a rejected base claim.
Claim Rejections - 35 USC § 103
5. 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Srinivas et al. (US PGPUB 20200391699), hereinafter Srinivas, in view of Wehrspann (US Patent 5274876), and further in view of Servin et al. (US PGPUB 20230146572), hereinafter Servin.
Regarding claim 9, Srinivas teaches a method of installing a universal windshield wiper assembly set on all models of aircraft (figs. 1 and 7; Additionally, Srinivas teaches the reversing circuit 120 allows the predetermined sweep range to be defined in software rather than hardware, simplifying the integration of the windshield wiper assembly into different types of vehicles, e.g., aircraft having windshields with differently sized viewing regions [0047])), said method comprising the steps of:
providing the universal windshield wiper assembly set (fig. 1, wherein the set includes two wiper assemblies as shown in fig. 1), said universal windshield wiper assembly set configured as a single first assembly and a single second assembly (fig. 1, wherein the set includes two wiper assemblies as shown in fig. 1), said first and second single assemblies configured to be utilized on multiple types of aircraft (figs. 1 and 7; Additionally, Srinivas teaches the reversing circuit 120 allows the predetermined sweep range to be defined in software rather than hardware, simplifying the integration of the windshield wiper assembly into different types of vehicles, e.g., aircraft having windshields with differently sized viewing regions [0047]) and mounted thereon with specific mounts configured for specific types of aircraft (figs. 1-2, wherein the prior art includes specific mounts (mount of first assembly and mount of second assembly as shown; wherein the faceplate 114 is interpreted as the mount structure) that are configured for specific types of aircraft (configured for the specific types of aircraft as shown)), said universal windshield wiper assembly set further comprising:
a first universal windshield wiper assembly further comprising (fig. 1 showing two windshield wiper assemblies):
a first gear box (fig. 2, gearbox 116) with a first gear therein [0045];
a first shaft attached to said first gear box (fig. 2, shaft 106; [0039]) for affixing to a first windshield wiper arm (fig. 2, wiper arm 104),
a first motor (electric motor 118) to turn said first gear in said first gear box [0045]; and
a first motor cover (see annotated fig. 2 below. The indicated structure is interpreted as a first motor cover of the first motor);
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a second universal windshield wiper assembly (fig. 1, other windshield wiper assembly) further comprising:
a second gear box (fig. 2, gearbox 116) with a second gear therein [0045];
a second shaft attached to said second gear box (fig. 2, shaft 106; [0039]) for affixing to a second windshield wiper arm (fig. 2, wiper arm 104),
a second motor (electric motor 118) to turn said second gear in said second gear box [0045]; and
a second motor cover (see annotated fig. 2 below. The indicated structure is interpreted as a second motor cover of the second motor);
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installing a first side mount configured for a specific type of aircraft (faceplate 114 via second fastener pattern 144 arranged to receive therein fasteners for fixation of the faceplate to the airframe [0042], wherein the faceplate is configured for the specific type of aircraft as shown) to be permanently affixed to said specific aircraft (The faceplate 114 is attached to the airframe [0042] for a duration of operation which is interpreted as being permanently affixed to the airframe throughout the duration of operation. Additionally, the faceplate is capable of being permanently affixed to the airframe) with a first set of electronics (fig. 2, circuit 120 and controller 124) that are pre- programmed with presets to match specifications of said specific type of aircraft to control a speed and torque required for said first windshield wiper arm for said specific type of aircraft (Srinivas teaches the reversing circuit 120 allows the predetermined sweep range to be defined in software rather than hardware, simplifying the integration of the windshield wiper assembly into different types of vehicles, e.g., aircraft having windshields with differently sized viewing regions [0047]. The sweep range includes a speed and torque of the first windshield wiper arm. Therefore, the electronics are preprogrammed with presets to match specification of said specific type of aircraft to control a speed and torque required for said first windshield wiper arm for said specific type of aircraft, wherein the control includes a speed and torque of the first windshield wiper arm to allow the wiper arm to operate in the defined sweep range) on to a first side of a windshield of said specific type of aircraft (fig. 1), said first side mount being designed for said specific type of aircraft (fig. 1);
affixing said first universal windshield wiper assembly on to said first side mount on said first side of said windshield of said specific type of aircraft (figs. 1-2);
testing on said first side to ensure said first set of electronics of said first motor accurately performs the proper torque and speed for said specific type of aircraft (fig. 7, steps 310-360); and
installing a second side mount configured for said specific type of aircraft (faceplate 114 of other windshield wiper assembly of fig. 1 via second fastener pattern 144 arranged to receive therein fasteners for fixation of the faceplate to the airframe [0042]) to be permanently affixed to said specific aircraft (The faceplate 114 is attached to the airframe [0042] for a duration of operation which is interpreted as being permanently affixed to the airframe throughout the duration of operation. Additionally, the faceplate is capable of being permanently affixed to the airframe) with a second set of electronics (fig. 2, circuit 120 and controller 124 of other windshield wiper assembly of fig. 1) that are pre-programmed with presets to match specifications of said specific type of aircraft to control a speed and torque required for said second windshield wiper arm for said specific type of aircraft (Srinivas teaches the reversing circuit 120 allows the predetermined sweep range to be defined in software rather than hardware, simplifying the integration of the windshield wiper assembly into different types of vehicles, e.g., aircraft having windshields with differently sized viewing regions [0047]. The sweep range includes a speed and torque of the second windshield wiper arm. Therefore, the electronics are preprogrammed with presets to match specification of said specific type of aircraft to determine a speed and torque required for said second windshield wiper arm for said specific type of aircraft, wherein the control includes a speed and torque of the second windshield wiper arm to allow the wiper arm to operate in the defined sweep range) on to a second side of a windshield of said specific type of aircraft (fig. 1), said second side mount being designed for said specific type of aircraft (fig. 1);
affixing said second universal windshield wiper assembly on to said second side mount on said second side of said windshield of said specific type of aircraft (figs. 1-2);
testing on said second side to ensure said second set of electronics of said second motor accurately performs the proper torque and speed for said specific type of aircraft (fig. 7, steps 310-360).
Srinivas does not explicitly teach
the first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
the second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
wherein each set of electronics are embedded within the respective mount.
However, Wehrspann teaches a universal windshield wiper mechanism which includes a circuit including motor 12, switch 32 and wires of the circuit (fig. 2, col. 4, lines 19-32). Additionally, Wehrspann teaches bracket 40 and protective case 42 (fig. 3) which provide for the attachment of wiper unit to a vehicle as desired. The protective case protects the various components from the elements (col. 4, lines 54-61). Overall, Wehrspann teaches wherein the set of electronics (motor 12, switch 32 and wires of the circuit) are embedded within the mount (fig. 3, wherein the bracket 40 and protective case 42 are together interpreted as the mount).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Srinivas to incorporate the teachings of Wehrspann to provide wherein each set of electronics are embedded within the respective mount. Specifically, it would have been obvious to incorporate a protective case (of Wehrspann) into each wiper configuration of Srinivas, wherein the incorporated protective case and the faceplate (114 of Srinivas) are together interpreted as the respective mount. Doing so would protect the various components from the elements (col. 4, lines 54-61 of Wehrspann), thereby promoting longevity of the assembly.
Srinivas, as modified, does not explicitly teach
the first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
the second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon.
However, Servin teaches a housing and assembly for a wiper configuration [0001], wherein the assembly includes an electric motor 3 (fig. 1), a housing 5 for a gear mechanism [0037], and an output shaft 12 of the gear mechanism (fig. 7). Overall, Servin teaches the first shaft 12 attached directly to said first gear box (fig. 7, wherein the shaft 12 extends directly into the gear box 5) with no intermediary part therebetween (fig. 7, the shaft 12 extends directly into said first gear box with no intermediary part therebetween the connection of the shaft to the gear box. Specifically, the shaft 12 is attached directly to the gear box at a lower end of the shaft 12 as seen in fig. 7), said shaft being cylindrical (fig. 1, shaft 12 is cylindrical) with a smooth surface having no protruding elements thereon (fig. 7, the shaft has a smooth surface (surface indicated by element 12), wherein the smooth surface has no protruding elements thereon).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Srinivas to incorporate the teachings of Servin to provide the first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon; the second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon. Specifically, it would have been obvious to incorporate Servin’s explicit teaching and configuration of an output shaft of the gear housing into each assembly of Srinivas. Doing so would allow power to be transferred from the gear assembly (of Srinivas) to the wiper arm (of Srinivas), wherein Srinivas does not explicitly teach a shaft directly attached to the gear assembly. Additionally, doing so would allow the device to function as intended by Srinivas and transfer power from the gear assembly to the wiper arm.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Srinivas et al. (US PGPUB 20200391699), hereinafter Srinivas, in view of Wehrspann (US Patent 5274876), and further in view of Servin et al. (US PGPUB 20230146572), hereinafter Servin, as applied to claim 9 above, and further in view of Kuwae et al. (US PGPUB 20200159010), hereinafter Kuwae.
Regarding claim 10, Srinivas, as modified, teaches the claimed invention as rejected above in claim 9. Srinivas, as modified, does not explicitly teach wherein said first and second motors are internally commutated.
However, Kuwae teaches a wiper assembly wherein a wiper motor (1330, fig. 13) acts to drive a cleaning mechanism (1323) which can be a wiper blade (paragraph 0156). Kuwae also teaches the wiper motor can be of many different types, including self (internally) commutated or externally commutated [0158].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Srinivas, as modified, to incorporate the teachings of Kuwae to provide wherein said first and second motors are internally commutated. Specifically, it would have been obvious to provide wherein the first and second motors of Srinivas are internally commutated. Doing so would have been a simple substitution (MPEP 2143) of one known motor type (of Kuwae) for another known motor type (of Srinivas) to obtain the predictable results of providing a motor to drive the wiper.
Regarding claim 11, Srinivas, as modified, teaches the claimed invention as rejected above in claim 9. Srinivas, as modified, does not explicitly teach wherein said first and second motors are externally commutated.
However, Kuwae teaches a wiper assembly wherein a wiper motor (1330, fig. 13) acts to drive a cleaning mechanism (1323) which can be a wiper blade (paragraph 0156). Kuwae also teaches the wiper motor can be of many different types, including self (internally) commutated or externally commutated [0158].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Srinivas, as modified, to incorporate the teachings of Kuwae to provide wherein said first and second motors are externally commutated. Specifically, it would have been obvious to provide wherein the first and second motors of Srinivas are externally commutated. Doing so would have been a simple substitution (MPEP 2143) of one known motor type (of Kuwae) for another known motor type (of Srinivas) to obtain the predictable results of providing a motor to drive the wiper.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Srinivas et al. (US PGPUB 20200391699), hereinafter Srinivas, in view of Wehrspann (US Patent 5274876), and further in view of Servin et al. (US PGPUB 20230146572), hereinafter Servin, as applied to claim 9 above, and further in view of Moein et al. (US PGPUB 20030213087), hereinafter Moein.
Regarding claim 12, Srinivas, as modified, teaches the claimed invention as rejected above in claim 9. Srinivas, as modified, does not explicitly teach wherein said first and second motors are asynchronous relative to each other.
However, Moein teaches a wiper assembly including motor electronics (130, figs. 7,8), wherein the motor electronics may include a complex microprocessor with memory capable of retaining instructions to particularly control the wiper motor [0060]. Additionally, Moein teaches the wiper motor of the wiper assembly can be an induction (asynchronous) motor (claim 16).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Srinivas, as modified, to incorporate the teachings of Moein to provide wherein said first and second motors are asynchronous relative to each other. Specifically, it would have been obvious to provide wherein the motors of Srinivas are induction (asynchronous) motors. Doing so would have been a simple substitution (MPEP 2143) of one known motor type (of Moein) for another known motor type (of Srinivas) to obtain the predictable results of providing a motor to drive the wiper.
Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 9-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-11 of copending Application No. 18/439,414 in view of Wehrspann (US Patent 5274876), and further in view of Srinivas et al. (US PGPUB 20200391699), hereinafter Srinivas, and further in view of Servin et al. (US PGPUB 20230146572), hereinafter Servin.
Instant Application 19/043,770
CoPending Application 18/439,414
9. A method of installing a universal windshield wiper assembly set on all models of aircraft, said method comprising the steps of:
9. [CURRENTLY AMENDED] A method of installing a universal windshield wiper assembly set on all models of aircraft, said method comprising the steps of:
providing the universal windshield wiper assembly set, said universal windshield wiper assembly set configured as a single first assembly and a single second assembly, said first and second single assemblies configured to be utilized on multiple types of aircraft and mounted thereon with specific mounts configured for specific types of aircraft, said universal windshield wiper assembly set further comprising:
providing a universal windshield wiper assembly set, said universal windshield wiper assembly set being mountable and adaptable on all models of aircraft, said universal windshield wiper assembly set further comprising:
a first universal windshield wiper assembly further comprising:
a first universal windshield wiper assembly further comprising:
a first gear box with a first gear therein;
a first gear box;
a first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
a first shaft attached to said first gear box for affixing to a first windshield wiper arm;
a first motor to turn said first gear in said first gear box; and a first motor cover;
a first motor to turn said first gear box;
a first motor cover;
a first motor cover
a second universal windshield wiper assembly further comprising:
a second universal windshield wiper assembly further comprising:
a second gear box with a second gear therein;
a second gear box;
a second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
a second shaft attached to said second gear box for affixing to a second windshield wiper arm;
a second motor to turn said second gear in said second gear box; and
a second motor to turn said second gear box;
a second motor cover;
a second motor cover
installing a first side mount configured for a specific type of aircraft to be permanently affixed to said specific aircraft with a first set of electronics embedded therein that are pre- programmed with presets to match specifications of said specific type of aircraft to control a speed and torque required for said first windshield wiper arm for said specific type of aircraft on to a first side of a windshield of said specific type of aircraft, said first side mount being designed for said specific type of aircraft;
installing a first side mount on to a first side of a windshield of said particular aircraft, said first side mount being designed for said particular aircraft;
a first set of electronics embedded in said first gear box that are pre-programmed with presets to match specifications of a particular aircraft to determine the speed and torque required for said particular aircraft;
affixing said first universal windshield wiper assembly on to said first side mount on said first side of said windshield of said specific type of aircraft;
affixing said first universal windshield wiper assembly on to said first side mount on said first side of said windshield of said particular aircraft
testing on said first side to ensure said first set of electronics of said first motor accurately performs the proper torque and speed for said specific type of aircraft; and
testing on said first side to ensure said first set of electronics of said first motor accurately performs the proper torque and speed for said particular aircraft;
installing a second side mount configured for said specific type of aircraft to be permanently affixed to said specific aircraft with a second set of electronics embedded therein that are pre-programmed with presets to match specifications of said specific type of aircraft to control a speed and torque required for said second windshield wiper arm for said specific type of aircraft on to a second side of a windshield of said specific type of aircraft, said second side mount being designed for said specific type of aircraft;
installing a second side mount on to a second side of said windshield of said particular aircraft, said second side mount being designed for said particular aircraft;
a second set of electronics embedded in said second gear box that are pre-programmed with presets to match specifications of said particular aircraft to determine the speed and torque required for said particular aircraft;
affixing said second universal windshield wiper assembly on to an opposing second side mount on said opposing second side of said windshield of said specific type of aircraft;
affixing said second universal windshield wiper assembly on to an opposing second side mount on said opposing second side of said windshield of said particular aircraft
testing on said second side to ensure said second set of electronics of said second motor accurately performs the proper torque and speed for said specific type of aircraft.
testing on said second side to ensure said second set of electronics of said second motor accurately performs the proper torque and speed for said particular aircraft.
10. The method as defined in claim as defined claim 9 wherein said first and second motors are internally commutated.
10. [PREVIOUSLY PRESENTED] The method as defined in claim as defined claim 9 wherein said first and second motors are internally commutated.
11. The method as defined in claim 9 wherein said first and second motors are externally commutated.
11. [PREVIOUSLY PRESENTED] The method as defined in claim 9 wherein said first and second motors are externally commutated.
Claim 9 of the copending application does not explicitly teach
said universal windshield wiper assembly set configured as a single first assembly and a single second assembly, said first and second single assemblies configured to be utilized on multiple types of aircraft and mounted thereon with specific mounts configured for specific types of aircraft,
wherein each set of electronics are embedded within the respective mount,
a first gear box with a first gear therein;
a first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
a first motor to turn said first gear in said first gear box;
a second gear box with a second gear therein;
a second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon.
a second motor to turn said second gear in said second gear box; and
installing a first side mount to be permanently affixed to a specific aircraft;
installing a second side mount to be permanently affixed to a specific aircraft.
However, Wehrspann teaches a universal windshield wiper mechanism which includes a circuit including motor 12, switch 32 and wires of the circuit (fig. 2, col. 4, lines 19-32). Additionally, Wehrspann teaches bracket 40 and protective case 42 (fig. 3) which provide for the attachment of wiper unit to a vehicle as desired. The protective case protects the various components from the elements (col. 4, lines 54-61). Overall, Wehrspann teaches wherein the set of electronics (motor 12, switch 32 and wires of the circuit) are embedded within the mount (fig. 3, wherein the bracket 40 and protective case 42 are together interpreted as the mount).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified claim 9 of the copending application to incorporate the teachings of Wehrspann to provide wherein each set of electronics are embedded within the respective mount. Specifically, it would have been obvious to incorporate a protective case (of Wehrspann) into each wiper configuration of claim 9, wherein the incorporated protective case and the mount (of the copending application) are together interpreted as the respective mount (as claimed). Doing so would protect the various components from the elements (col. 4, lines 54-61 of Wehrspann), thereby promoting longevity of the assembly.
Claim 9 of the copending application, as modified, does not explicitly teach
said universal windshield wiper assembly set configured as a single first assembly and a single second assembly, said first and second single assemblies configured to be utilized on multiple types of aircraft and mounted thereon with specific mounts configured for specific types of aircraft,
a first gear box with a first gear therein;
a first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
a first motor to turn said first gear in said first gear box;
a second gear box with a second gear therein;
a second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon.
a second motor to turn said second gear in said second gear box; and
installing a first side mount to be permanently affixed to a specific aircraft;
installing a second side mount to be permanently affixed to a specific aircraft.
However, Srinivas teaches a windshield wiper assembly including
said universal windshield wiper assembly set configured as a single first assembly and a single second assembly (fig. 1, wherein the set includes two wiper assemblies as shown in fig. 1), said first and second single assemblies configured to be utilized on multiple types of aircraft (figs. 1 and 7; Additionally, Srinivas teaches the reversing circuit 120 allows the predetermined sweep range to be defined in software rather than hardware, simplifying the integration of the windshield wiper assembly into different types of vehicles, e.g., aircraft having windshields with differently sized viewing regions [0047]) and mounted thereon with specific mounts configured for specific types of aircraft (figs. 1-2, wherein the prior art includes specific mounts (mount of first assembly and mount of second assembly as shown; wherein the faceplate 114 is interpreted as the mount structure) that are configured for specific types of aircraft (configured for the specific types of aircraft as shown)),
a first gear box (fig. 2, gearbox 116) with a first gear therein [0045];
a first motor to turn said first gear in said first gear box [0045];
a second gear box (figs. 1-2, gearbox 116) with a second gear therein [0045];
a second motor to turn said second gear in said second gear box [0045]; and
installing a first side mount to be permanently affixed to a specific aircraft (The faceplate 114 is attached to the airframe [0042] for a duration of operation which is interpreted as being permanently affixed to the airframe throughout the duration of operation. Additionally, the faceplate is capable of being permanently affixed to the airframe);
installing a second side mount to be permanently affixed to a specific aircraft (The faceplate 114 is attached to the airframe [0042] for a duration of operation which is interpreted as being permanently affixed to the airframe throughout the duration of operation. Additionally, the faceplate is capable of being permanently affixed to the airframe).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified claim 9 of the copending application, as modified, to incorporate the teachings of Srinivas to provide said universal windshield wiper assembly set configured as a single first assembly and a single second assembly, said first and second single assemblies configured to be utilized on multiple types of aircraft and mounted thereon with specific mounts configured for specific types of aircraft, a first gear box with a first gear therein; a first motor to turn said first gear in said first gear box; a second gear box with a second gear therein; a second motor to turn said second gear in said second gear box; and installing a first side mount to be permanently affixed to a specific aircraft; installing a second side mount to be permanently affixed to a specific aircraft. Specifically, it would have been obvious to include wherein the set includes a single first assembly and a single second assembly which are configured to be utilized on multiple types of aircraft and mounted thereon with specific mounts configured for specific types of aircraft, wherein the gear boxes includes gears therein and wherein the mounts are permanently affixed to the specific aircraft. Including a single first assembly and a single second assembly which are configured to be utilized on multiple types of aircraft would increase the utility of the device and allow the device to have a customized sweep range. Including gears therein would allow the rotary motion to be transferred from the motor to the wiper as intended. Permanently affixing the mounts would promote longevity of the assembly and also prevent damage to the system during operation.
Claim 9 of the copending application, as modified, does not explicitly teach
a first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
a second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon.
However, Servin teaches a housing and assembly for a wiper configuration [0001], wherein the assembly includes an electric motor 3 (fig. 1), a housing 5 for a gear mechanism [0037], and an output shaft 12 of the gear mechanism (fig. 7). Overall, Servin teaches the first shaft 12 attached directly to said first gear box (fig. 7, wherein the shaft 12 extends directly into the gear box 5) with no intermediary part therebetween (fig. 7, the shaft 12 extends directly into said first gear box with no intermediary part therebetween the connection of the shaft to the gear box. Specifically, the shaft 12 is attached directly to the gear box at a lower end of the shaft 12 as seen in fig. 7), said shaft being cylindrical (fig. 1, shaft 12 is cylindrical) with a smooth surface having no protruding elements thereon (figs. 1 and 7, the shaft has a smooth surface (surface indicated by element 12), wherein the smooth surface has no protruding elements thereon).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified claim 9 of the copending application, as modified, to incorporate the teachings of Servin to provide a first shaft attached directly to said first gear box with no intermediary part therebetween for affixing to a first windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon;
a second shaft attached directly to said second gear box with no intermediary part therebetween for affixing to a second windshield wiper arm, said shaft being cylindrical with a smooth surface having no protruding elements thereon.
Specifically, it would have been obvious to incorporate Servin’s explicit teaching and configuration of an output shaft of the gear housing into each assembly of Claim 9 of the copending application as modified. Doing so would allow power to be transferred from the gear assembly to the wiper arm. Additionally, doing so would allow the device to function as intended and transfer power from the gear assembly to the wiper arm.
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
7. Applicant's arguments filed 8/31/2025 have been fully considered but they are not persuasive.
Applicant argues the prior art of record fails to teach the amended independent claim. Accordingly, dependent rejections are moot. However, Srinivas et al. (US PGPUB 20200391699), hereinafter Srinivas, in view of Wehrspann (US Patent 5274876), and further in view of Servin et al. (US PGPUB 20230146572), hereinafter Servin, was relied upon to teach the amended independent claim. The dependent claims have been rejected accordingly. See above rejection for more details.
Applicant argues Srinivas is not universal and that it does not offer the ability to be utilized on multiple types of aircraft with a single assembly, with the exception of mounts for specific aircraft. Furthermore, it only applies to sweep range and not torque or speed. The examiner respectfully disagrees. Srinivas, as modified, teaches the amended language as rejected above. That is, Srinivas, as modified, teaches the amended language as presented. Srinivas, as modified, teaches the capability of being utilized on multiple aircrafts with a single assembly via adjusting the sweep range. By controlling the range, the torque and speed are also controlled to achieve the range. Overall, the language of claim 1 does not include specific details (specific torque, speed or mount details) that overcome Srinivas, as modified.
Applicant argues Wehrspann does not house embedded electronics that are embedded because the mount is specific to each type of aircraft. However, Srinivas, as modified (which includes the incorporated teachings of Wehrspann) teaches all limitations of the independent claim 1. Further, the submission that the instant mount is not used to protect electrical connections as in Wehrspann does not disqualify Wehrspann as a teaching reference. See above rejection for more details.
Applicant argues Wehrspann is not analogous because it is a single windshield wiper assembly and used for a motorcycle and would never work on an airplane, which requires two assemblies per windshield. The examiner respectfully disagrees. The windshield wiper assembly of Wehrspann is from the same field of endeavor as the claimed invention (windshield wiper assemblies) and both assemblies include wiper arms and wipers. See above rejection for more details.
Applicant argues structural differences exist which includes a face plate between the gear box and the shaft of Srinivas. Applicant argues the inclusion of the face plate eliminates the simplicity. Applicant similarly argues the protruding stopping member of Srinivas removes all the simplicity and universality of the instant invention. However, Servin was relied upon to teach the amended language regarding the direct attachment of the shafts. See above rejection for more details. Overall, Srinivas, as modified, teaches the claimed language, and any additional teachings of Srinivas (protruding stopping member) do not change that Srinivas, as modified, teaches the claimed language. See above rejection for more details.
Overall, the examiner recommends amending the claims to include specific structural details of the assemblies and mounts to differentiate from Srinivas, as modified.
Regarding the double patenting rejection, Applicant argues the rejection is moot because the copending application will go abandoned. However, the application is still copending. The double patenting rejections have been updated and maintained. See above for more details.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A GUMP whose telephone number is (571)272-2172. The examiner can normally be reached Monday- Friday 9:00-5:30.
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/MICHAEL A GUMP/Examiner, Art Unit 3723