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 .
Election/Restrictions
Applicant's election with traverse of Invention I, drawn to a living hinge, and claims 1-12, in the reply filed on 09-10-2026 is acknowledged. The traversal is on the ground(s) that “The identified groups share common structural components, present an overlapping field of search, and can be efficiently evaluated together without placing an undue administrative or technical burden on the Examiner.” Upon further consideration, this argument is persuasive in-part as dependent claims 5-9 are claiming the combination of the living hinge and window. Consequently, the restriction requirement as set forth in the Office action mailed on 07-22-2026 is hereby withdrawn.
In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claim 11, 12, 14, 15, 19, and 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 11, line 4, “the one or more second fastening elements” lacks antecedent basis.
In claim 12, the following phrases lack antecedent basis: “the one or more fastening elements”; “the large opening’; “the small opening”; and “the neck”. The applicant is advised to amend claim 12 to depend from claim 11.
In claim 14, line 4, “the one or more second fastening elements” lacks antecedent basis.
Claim 15 is rejected under 35 U.S.C. 112(b) as it depends from a rejected claim.
In claim 19, line 4, “the one or more second fastening elements” lacks antecedent basis.
In claim 20, the following phrases lack antecedent basis: “the one or more fastening elements”; “the large opening’; “the small opening”; and “the neck”. The applicant is advised to amend claim 20 to depend from claim 19.
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.
Claims 1-5, 7-10, 13, and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacPhail-Fausey (US#7753434).
Regarding claim 1, MacPhail-Fausey discloses a living hinge 24 (Fig. 7) comprising: a flange (first resilient leg 26); one or more hinge sections 52 connected to the flange; and a base section (second resilient leg 26) connected to the one or more hinge sections, wherein the one or more hinge sections are configured to allow a window 10 to move relative to a support 12, and wherein the flange is configured to allow removal of the window from the support.
Regarding claim 2, wherein the one or more hinge sections includes: a first curved hinge section (curved intersection of one end of the base 52 and non-free end of the first resilient leg 26); a second curved hinge section (curved intersection of the other end of the base and non-free end of the second resilient leg 26); and a planar section between the first curved hinge section and the second curved hinged section (see Fig. 7).
Regarding claim 3, wherein the flange, the one or more hinge sections, and the base section form an inverted u-shape as shown in Fig. 7.
Regarding claim 4, wherein: the flange (see left resilient leg 26 in Fig. 2) comprises an end surface (free end) configured to interface to the window; and the base section (see right resilient leg 26 in Fig. 2) is configured to be affixed to the support 12.
Regarding claim 5, wherein: the window 10 comprises a recess 50 formed from clip portion 22 thereof having two walls 48 and a bottom 46 (see Figs. 3-4); and the flange (see left resilient leg 26 in Fig. 2) is configured to interface with the recess such that an end surface of the flange interfaces with the bottom of the recess and opposite sides of the flange interface with the two walls of the recess as shown in Fig. 2.
Regarding claim 7, wherein the recess 50 is located along an edge (side edge) of the window 10 (see Fig. 3).
Regarding claim 8, wherein the window 10 comprises an encapsulation frame 20 surrounding glass 16 and wherein the recess is located in the encapsulation frame (see Fig. 3).
Regarding claim 9, wherein the base section (see right resilient leg 26 in Fig. 2) of the living hinge is affixed at least indirectly via clip 22 to a side of the encapsulation frame 20.
Regarding claim 10, the flange (see right resilient leg 26 in Fig. 2) is configured to interface with the support 12; and the base section (see left resilient leg 26 in Fig. 2)is configured to be affixed to the window 10.
Regarding claim 13, MacPhail-Fausey discloses a window 10 comprising: glass 16; an encapsulation frame 20 affixed to the glass; a living hinge 24 (Fig. 7) comprising: a flange (right resilient leg 26 in Fig. 2) configured to interface with a support 12; and a base section (left resilient leg 26 in Fig. 2) coupled to the flange via hinge section 52 and configured to be affixed to the encapsulation frame, wherein the base section is capable of flexing (via its resiliency) relative to the flange.
Regarding claim 16, wherein the base section (left resilient leg 26 in Fig. 2) of the living hinge 24 is affixed at least indirectly via clip 22 to a side of the encapsulation frame (see Fig. 3).
Regarding claim 17, wherein, when the base section (left resilient leg 26 in Fig. 2) flexes away from the flange (right resilient leg 26 in Fig. 2), the window is configured to achieve a venting (at least partially open) position relative to the support.
Regarding claim 18, MacPhail-Fausey discloses a vehicle 14 comprising: a support 12; a window 10 configured to interface with the support; a living hinge 24 (Fig. 7) configured to couple the window to the support, comprising: a flange (first resilient leg 26); one or more hinge sections 52 affixed to the flange; and a base section (second resilient leg 26) affixed to the one or more hinge sections opposite the flange, wherein the flange is capable of flexing (via its resiliency) relative to the base section to allow the window to move relative to the support.
Allowable Subject Matter
Claim 6 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.
Claims 11, 12, 14, 15, 19, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, MacPhail-Fausey discloses wherein: a first wall 48 of the two walls is positioned between the flange (see left resilient leg 26 in Fig. 2) and the base section (see right resilient leg 26 in Fig. 2). However, MacPhail-Fausey fails to disclose a second wall of the two walls is taller than the first wall and extends beyond the one or more curved hinge sections. MacPhail-Fausey teaches away from any such modification via its cooperation of the living hinge 24 with the clip 22 defining the first and second walls 48. It is noted the window is being claimed.
Regarding claims 11, 14, and 19, MacPhail-Fausey fails to disclose wherein: the flange comprises one or more first fastening elements each comprising a large opening and a small opening; the one or more second fastening elements each comprises a protrusion comprising a head and a neck coupling the head to the support; the large opening is sized to receive the head; and the small opening is sized to retain the head. MacPhail-Fausey teaches away from any such modification via its fastening elements 54 formed as barbs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted Rowland (US#11066862) discloses a hinge element 37 similar in structure to the applicant’s claimed living hinge.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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