DETAILED ACTION
This final Office action is in response to the April 21, 2026.
Status of claims: claims 5 and 6 are cancelled; claims 1-4 and 7-14 are hereby examined below.
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 Objections
Claims 1, 2-4 and 7-14 are objected to because of the following informalities:
Claim 1, line 4 – shouldn’t “travel” be amended to “travel path”?
Claim 1, line 10 – shouldn’t “travel” be amended to “travel path”?
Claim 7, line 3 – shouldn’t “the guide rail” be amended to “the guide rail element”?
Claim 11, line 4 – shouldn’t “pain” be amended to “pane”?
Claim 13, line 4 – shouldn’t “pain” be amended to “pane”?
Claims 1, 2-4 and 7-14 – “flexible” and “functionalized” are relative terms and perhaps should be deleted. The terms are not defined by the claim and the specification does not provide a standard for ascertaining the requisite degree.
Appropriate correction is required.
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.
Claims 1-4, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102009037674 to Boettger et al. (hereinafter “Boettger”) in view of US 5987820 to Shibanushi in view of US 20040074149 to Tatsumi et al. (hereinafter “Tatsumi”).
Boettger discloses an adjustment device for a functionalized window pane of a motor vehicle, the adjustment device comprising:
a window lifter S to adjust the functionalized window pane F along an adjustment travel; and (see FIGS. 2C and 3A-3E and [0003] of applicant provided machine translation)
a guide system 2,3,30 for a cable K that serves to conduct current to and/or to control the functionalized window pane and is connected or connectable to the functionalized window pane, the guide system having a flexible component 2,3 to receive the cable, (see FIGS. 2B, 2C and 3A-3E; see also [0021] “the guide element … comprises a flexible or elastic material” and see paragraphs [0028] and [0029] of applicant’s specification “flexible (elastic)” and “flexible, i.e., elastic”)) and a sliding element M,12 (FIG. 2C) coupled to the functionalized window pane, the sliding element being guided by a guide rail element 30 that is separated from the window lifter along the adjustment travel, (see FIG. 2B – note the guide rail element 30 is separate from window lifter S)
wherein the sliding element of the guide system is coupled to the functionalized window pane.
Boettger fails to disclose the sliding element of the guide system is coupled to the functionalized window pane or to a pane adapter connected to the functionalized window pane via a flexible connecting element, and
wherein the flexible connecting element extends from the sliding element and is hinged to the functionalized window pane or to the pane adapter.
Shibanushi teaches of a sliding element 24 of a guide system is coupled to a pane adapter 30 connected to a window pane via a connecting element 12, and wherein the connecting element extends from the sliding element and is hinged to the functionalized window pane or to the pane adapter. (see FIGS. 3 and 10)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the sliding element disclosed in Boettger with the connecting element and pane adapter taught in Shibanushi with a reasonable expectation of success in order to minimize “wrenching forces” on the window pane due to tilting of the window pane during window pane movement. (see columns 1 and 2 of Shibanushi)
Boettger, as applied above, fails to disclose the connecting element is flexible.
Tatsumi teaches of a sliding element with a flexible connecting element 19. (see FIGS. 1 and 10 and paragraph [0042], which states connecting element is plastic and plastic allows for at least some flex.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form at least the Boettger connecting element out of plastic as disclosed in Tatsumi with a reasonable expectation of success in order to form the connecting element out of a durable, lightweight and non-corrosive material. (claim 1)
Boettger, as applied above, further discloses wherein the flexible component is a hollow tube or a corrugated pipe, and/or wherein the flexible component is guided on and/or below the guide rail element of the guide system. (In this case, the flexible component is guided on and/or below the guide rail element of the guide system. see FIG. 2B) (claim 2)
Boettger, as applied above, further discloses wherein the flexible component encloses the cable at least in sections or at least substantially completely. (see FIGS. 2C and 3A-3E and [0040]; the examiner has interpreted the “additional sheath element” described in [0040] to be a part of the flexible component.) (claim 3)
Boettger, as applied above, further discloses wherein a first end of the flexible component is held in place by the sliding element of the guide system and a second end of the flexible component is fixedly held by a body part A of the motor vehicle, the body part being a door module or a door shell. (see FIG. 2B and [0064] and [0066]) (claim 4)
Boettger, as applied above, further discloses wherein the guide rail element of the guide system has a guide area for the flexible component, the guide area running in a longitudinal rail direction of the guide rail. (Note portion 3 of the flexible component within the guide rail element 30 in FIG. 2B) (claim 7)
Boettger discloses a guide system for a cable K that is connected or connectable to a functionalized window pane F and serves to conduct current to and/or to control the functionalized window pane, the guide system comprising:
a flexible component 2,3 that receives the cable; and
a sliding element M,12 that is coupled to the functionalized window pane, wherein the sliding element is guided on a guide rail element 30 and is connected to the flexible component.
Boettger fails to disclose the sliding element is coupled to the functionalized window pane via a flexible connecting element, wherein the flexible connecting element extends from the sliding element and is hinged to the functionalized window pane or to a pane adapter connected to the functionalized window pane.
Shibanushi teaches of a sliding element 24 that is coupled to the functionalized window pane via a connecting element 12, wherein the connecting element extends from the sliding element and is hinged to the functionalized window pane or to a pane adapter 30 connected to the functionalized window pane. (see FIGS. 3 and 10)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the sliding element disclosed in Boettger with the connecting element and pane adapter taught in Shibanushi with a reasonable expectation of success in order to minimize “wrenching forces” on the window pane due to tilting of the window pane during window pane movement. (see columns 1 and 2 of Shibanushi)
Boettger, as applied above, fails to disclose the connecting element is flexible.
Tatsumi teaches of a sliding element with a flexible connecting element 19. (see FIGS. 1 and 10 and paragraph [0042], which states connecting element is plastic and plastic allows for at least some flex.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form at least the Boettger connecting element out of plastic as disclosed in Tatsumi with a reasonable expectation of success in order to form the connecting element out of a durable, lightweight and non-corrosive material. (claim 10)
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Boettger in view of Shibanushi in view of Tatsumi, as applied to claims 1, 7, and 10 above.
Boettger, as applied above, further discloses wherein the flexible connecting element is hinged to the functionalized window pane or to the pane adapter via a pivot pin provided at a free end of the pane adapter that pivots within eyelets of the flexible connecting element. Boettger, as applied above, fails to disclose the pivot pin is provided at a free end of the flexible connecting element that pivots within eyelets of the functionalized window pane or the pane adapter.
On the other hand, it would have been obvious to a person of ordinary skill in the art to swap the positions of the pivot pin and eyelets since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. (claim 11)
Boettger, as applied above, further discloses wherein the guide area is a groove in the guide rail element that extends along the longitudinal rail direction, and wherein the flexible component is accommodated in the groove. (see FIG. 2B of Boettger) (claim 12)
Boettger, as applied above, further discloses wherein the flexible connecting element is hinged to the functionalized window pane or to the pane adapter via a pivot pin provided at a free end of the pane adapter that pivots within eyelets of the flexible connecting element. Boettger, as applied above, fails to disclose the pivot pin is provided at a free end of the flexible connecting element that pivots within eyelets of the functionalized window pane or the pane adapter.
On the other hand, it would have been obvious to a person of ordinary skill in the art to swap the positions of the pivot pin and eyelets since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. (claim 13)
Boettger, as applied above, further discloses wherein the guide rail element has a guide area for the flexible component, the guide area running in a longitudinal rail direction of the guide rail, wherein the guide area is a groove in the guide rail element that extends along the longitudinal rail direction, and wherein the flexible component is accommodated in the groove. (see FIG. 2B of Boettger) (claim 14)
Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0927806 to Rech in view of Boettger in view of Shibanushi in view of Tatsumi.
Rech discloses an adjustment device for a functionalized window pane 2 of a motor vehicle, the adjustment device comprising:
a window lifter 7,6,3 to adjust the functionalized window pane along an adjustment travel;
a cable (note the cable is not numbered but is illustrated connecting elements 9 and 12 in the only figure of Rech) that serves to conduct current to and/or to control the functionalized window pane and is connected or connectable to the functionalized window pane.,
Rech fails to disclose a guide system having a flexible component to receive the cable; and a sliding element coupled to the functionalized window pane, the sliding element being guided by a guide rail element that is separated from the window lifter along the adjustment travel,
wherein the sliding element of the guide system is coupled to the functionalized window pane or to a pane adapter connected to the functionalized window pane via a flexible connecting element, and
wherein the flexible connecting element extends from the sliding element and is hinged to the functionalized window pane or to the pane adapter.
Boettger teaches of a guide system having a flexible component 2,3 to receive a cable K; and a sliding element 12 coupled to the functionalized window pane, the sliding element being guided by a guide rail element 30 that is separated from a window lifter S along the adjustment travel.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Rech adjustment device with the flexible component, sliding element, and guide rail element, as taught by Boettger, in order to protect the cable and guide the cable and sliding element.
Additionally, Shibanushi teaches of a sliding element 24 of a guide system coupled to a window pane, the sliding element of the guide system is coupled to a pane adapter 30 connected to a window pane via a connecting element 12, and wherein the connecting element extends from the sliding element and is hinged to the functionalized window pane or to the pane adapter. (see FIGS. 3 and 10)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the sliding element disclosed in Rech, as applied above, with the connecting element and pane adapter taught in Shibanushi with a reasonable expectation of success in order to minimize “wrenching forces” on the window pane due to tilting of the window pane during window pane movement. (see columns 1 and 2 of Shibanushi)
Rech, as applied above, fails to disclose the connecting element is flexible.
Tatsumi teaches of a sliding element with a flexible connecting element 19. (see FIGS. 1 and 10 and paragraph [0042], which states connecting element is plastic and plastic allows for at least some flex.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form at least the Rech connecting element out of plastic as disclosed in Tatsumi with a reasonable expectation of success in order to form the connecting element out of a durable, lightweight and non-corrosive material. (claim 1)
Rech, as applied above, further discloses wherein the sliding element of the guide system is coupled to the window lifter exclusively via the functionalized window pane. (see the only figure of Rech; note the sliding element would be coupled to the functionalized Rech window pane below element 9, which is separated from element 7.) (claim 9)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over EP 0927806 to Rech in view of Boettger in view of Shibanushi in view of Tatsumi, as applied to claim 1 above, in further view of US 11318818 to Arimoto et al. (hereinafter “Arimoto”).
Rech, as applied above, further discloses wherein the window lifter has at least one guide rail 7 with a driver (carriage element on top of rail 7 attached to the window 2) for the functionalized window pane, which is guided by a sliding movement, and an adjustable drive or an electromotive drive 3 that is connected to the driver; and wherein the guide rail element for the sliding element of the guide system is arranged parallel to and separated from the at least one guide rail of the window lifter.
Rech, as applied above, fails to disclose an adjustable drive or an electromotive drive that is connected to the driver via a traction cable.
Arimoto teaches of an adjustable drive or an electromotive drive 18 that is connected to the driver 14 via a traction cable 20. (see FIGS. 2a-2c)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Rech adjustment device with an adjustable drive or an electromotive drive connected to the driver as taught by Arimoto with a reasonable expectation of success in order to facilitate movement of the window pane. (claim 8)
Response to Arguments
Applicant’s arguments with respect to claims 1, 9 and 10 have been considered but are moot because the new ground of rejection.
Applicant’s arguments with respect to claim 4 have been considered but are not persuasive. The first end of the flexible component 2,3 is held in place by the sliding element M,12. Element M has not been interpreted as part of the window lifter since the window lifter is not further defined in claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached M - F 7:30 -4 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARCUS MENEZES/Primary Examiner, Art Unit 3634
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