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
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.
Claim(s) 1-3, 5-7 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kuwahata et al. (US 2022/0314897).
Regarding claim 1, Kuwahata et al. (hereafter “D1”) discloses a cover member attachment structure comprising: a support member (console bracket 11) that is fixed to a roof member (ceiling part 1) of a vehicle ([0034]); a console member (3) that is fixed to the roof member (via bracket 11 – figure 3); and a cover member (camera cover 12) that is disposed so as to be adjacent to the console member in a vehicle front-rear direction (figure 2), such that a first end portion (left in figure 2) of the cover member in the vehicle front-rear direction is supported by a glass member (windshield 2) that separates an interior and exterior of the vehicle and a second end portion (right in figure 2) of the cover member in the vehicle front-rear direction is attached to the support member (11 – [0035]), the cover member being configured to house a housed object (camera) between the cover member and the glass member, wherein an elastic member (roof lining 4) is interposed between the second end portion of the cover member and the support member (figure 2).
Regarding claim 2, D1 discloses wherein the second end portion of the cover member includes a fitting portion (protruding parts 20) that is fitted in a hole portion (21) that is provided on the support member (11) ([0038]).
Regarding claim 3, D1 discloses wherein: the fitting portion (20) is provided with a flange portion (plate-shaped piece 40) that faces the support member (faces at least flanges of 11 as seen in figure 5, where at least part of elastic member 4 exists between flange of 11 and the fitting 20); and the elastic member is interposed between the flange portion and the support member.
Regarding claim 5, D1 discloses wherein the elastic member (4) is a roof lining that constitutes a roof of a vehicle cabin ([0030]).
Regarding claim 6, D1 discloses wherein an end portion (bottom flange below 3a – figure 6) of the console member (3) on a side of the cover member is provided with an extension portion that overlaps with an end portion of the cover member.
Regarding claim 7, D1 discloses wherein: the first end portion of the cover member is supported by the glass member through a cover support portion (camera bracket 6 – [0035]); and the cover support portion (6) is configured to allow movement of the cover member in the vehicle front-rear direction and a vehicle-width direction ([0048]).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwahata et al. (US 2022/0314897).
Regarding claim 4, D1 does not disclose the material for the elastic member. However, D1 does teach the use of resin material for other parts ([0035]). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to use a resin material for the elastic member in D1 to match with other members of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/ Primary Examiner, Art Unit 3631
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