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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Claim Objections
Claim 1 objected to because of the following informalities:
Re: claim 1, “abuts the other face” should read “abuts the upper face”.
Appropriate correction is required.
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 (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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiguchi et al. (JP H0348912 Y2).
Re: claim 1, Kiguchi et al. teaches a rail garnish (Fig. 2), comprising: a garnish main body (14) that is fitted onto an upper arch structure (3) of a vehicle body-side framework structure (1) and that extends along the upper arch structure (See Fig. 1 & 2); a plurality of clips (20) arrayed on a face (See Fig. 2 & 4) of the garnish main body (14) opposing one face of an outer side face (Annotated Fig. 4 – 1st side) of the upper arch structure (3) facing an outer side in a vehicle-width direction (See Fig. 2 & 4), and an upper face (Annotated Fig. 4 – 2nd side) of the upper arch structure (3), the clips (20) being arrayed along a direction in which the garnish main body extends (See Fig. 2), and being inserted into attachment holes (Annotated Fig. 4 – holes) opened in the one face (Annotated Fig. 4 – 1st side) of the upper arch structure (3) and fixing the rail garnish to the upper arch structure (See Fig. 4); and a protruding portion (Annotated Fig. 4 – protrusion) that protrudes from a face of the garnish main body (Fig. 4 – 14) facing the other face (Annotated Fig. 4 – 1nd side) of the outer side face of the upper arch structure (3) and the upper face (Annotated Fig. 4 – 2nd side), and that abuts the upper face (Annotated Fig. 4 – 2nd side) of the upper arch structure (3).
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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) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiguchi et al. in view of Hasegawa et al. (JP 2007145160 A).
Re: claim 2, Kiguchi et al. teaches claim 1. Kiguchi et al. fails to teach wherein the protruding portion is a plurality of protrusions arrayed along the garnish main body. Instead, Kiguchi et al. teaches the protruding portion (Annotated Fig. 4 – protrusion) is a single protrusion along the garnish main body (14).
However, Hasegawa et al. teaches wherein the protruding portion is a plurality of protrusions (Fig. 1 – 8) arrayed along (See Fig. 1) the garnish main body (1).
Kiguchi et al. and Hasegawa et al. are considered to be analogous to the claimed invention because both are in the same field of vehicle rail garnishes. Therefore, it would have been obvious to one of ordinary skill in the art before to the effective filing date of the given invention to modify Kiguchi et al.’s protrusion with those of Hasegawa et al.’s protrusions in order to provide the advantage of a system with increased positive engagement.
Re: claim 3, Hasegawa et al. further teaches wherein each of the protrusions (8) is disposed at a position between the clips (7) in the direction in which the garnish main body extends (See Fig. 1).
Re: claim 4, Kiguchi et al. and Hasegawa et al. fail to teach wherein the garnish main body includes a garnish outer member that makes up an aesthetic surface of a vehicle, and a garnish inner member that is situated on the upper arch structure side of the garnish outer member, and the garnish inner member is fitted with the clips and provided with the protrusions. Instead, Kiguchi et al. teaches wherein the garnish main body (14) includes a garnish outer face (Annotated Fig. 4 – outer face) that makes up an aesthetic surface of a vehicle, and a garnish inner face (Annotated Fig. 4 – inner face) that is situated on the upper arch structure side, and the garnish inner face (Annotated Fig. 4 – inner face) is fitted with the clips (20) and provided with the protrusions (14).
The Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04). With respect to the present application, the specification does not provide criticality to the separate members of the garnish main body and discloses that the inner member and outer member are joined by “welding, bonding, or the like”.
Re: claim 5, Kiguchi et al. teaches wherein the protrusion (Annotated Fig. 4 - protrusion) is fabricated integrally with the garnish inner face (Annotated Fig. 4 – inner face). Having modified the protrusions of Kiguchi et al. to those of the protrusions of Hasegawa et al., Hasegawa et al. fails to teach wherein the protrusions are fabricated integrally with the garnish inner face.
With respect to Hasegawa et al., the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Song (US 2024/0199127 A1) discloses an A-pillar rail garnish with arrayed clip positions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP C ADAMS whose telephone number is (571)272-3421. The examiner can normally be reached Monday-Thursday 7:30 - 4:00 CT.
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/PHILIP C ADAMS/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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