DETAILED ACTION
This non-final Office action is in response to the claims filed on February 25, 2025.
Status of claims: claims 1-10 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 7, 2025 was considered by the examiner.
Claim Objections
Claims 2, 4, 6, and 10 are objected to because of the following informalities:
Claim 2, line 2 – shouldn’t “a drag chain as a hollow tube” be amended to “a drag chain or as a hollow tube”
Claim 2, line 3 – shouldn’t “a hollow tube or as” be deleted? It seems repetitive.
Claim 4, line 2 – shouldn’t “in place in place” be amended to “in place?”
Claim 6 – it appears the claim 6 fails to further limit claim 5 since the examiner interpreted the “flexible connecting element” to not be positively recited.
Claim 10 – since claim 10 depends from claim 1, shouldn’t the following be amended for antecedent reasons:
Line 1 – replace “A guide system for a cable” with “The guide system for the cable”
Line 1 – replace “a functionalized” with “the functionalized”
Line 5 – replace “a flexible component” with “the flexible component”
Line 6 – replace “a sliding element” with “the sliding element”
Line 7 – replace “a rail-like guide element” with “the rail-like guide element”
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 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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102009037674 to Boettger et al. (hereinafter “Boettger”).
Boettger discloses an adjustment device for a functionalized window pane of a motor vehicle, the adjustment device comprising:
a window lifter S,M to adjust the functionalized window pane F along an adjustment travel; (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 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 3 (see [0066] and FIGS. 2C and 3A-3E) coupled to the window pane, the sliding element being guided by a rail-like guide element 30 (see FIG. 2B) that is separated from the window lifter along the adjustment travel. (claim 1)
Boettger further discloses wherein the flexible component is designed and/or effective in the manner of a drag chain (see the drag chain in FIGS. 6A,6B and [0108],[0109]) as a hollow tube or in the manner of a hollow tube or as a corrugated pipe, and/or wherein the flexible component is guided on and/or below the rail-like guide element of the guide system. (claim 2)
Boettger 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 further discloses wherein the flexible component is held in place in place by the sliding element of the guide system and fixedly by a body part A of the motor vehicle on a door module or on a door shell. (see FIG. 2B and [0064] and [0066]) (claim 4)
Boettger further discloses wherein the sliding element of the guide system is coupled or is adapted to be coupled via a flexible connecting element to the window pane or to a pane adapter connected to it.
(Note: the examiner has interpreted that the Boettger sliding element “is adapted to be coupled via a flexible connecting element to the window pane or to a pane adapter connected to it,” as recited. Also note that this recitation constitutes an intended use recitation and the Boettger structure is certainly capable of performing the intended use.) (claim 5)
Boettger further discloses wherein the flexible connecting element is hinged to the window pane or to the pane adapter and/or to the sliding element. (Note: “the flexible connecting element” was not interpreted as positively recited in claim 5.) (claim 6)
Boettger further discloses wherein the rail-like guide element of the guide system has a guide area for the component running in the longitudinal rail direction. (The area in front of the rail-like guide element 30 has been interpreted as the “guide area,” as recited. See at least FIG. 2B) (claim 7)
Claim Rejections - 35 USC § 103
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 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 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Boettger, as applied to claim 1 above, in further view of US 11318818 to Arimoto et al. (hereinafter “Arimoto”).
Boettger discloses wherein the window lifter has at least one guide rail S with a driver M for the window pane, which is guided by a sliding movement, and wherein the rail-like guide element for the sliding element of the guide system is arranged parallel to the guide rail and is separated from the window lifter. (see FIGS. 2B and 2C) Boettger 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 Boettger 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)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Boettger, as applied to claim 1 above, in view of US 4648206 to Moriya et al. (hereinafter “Moriya”).
Boettger further discloses a guide system 2,3,30 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 for the adjustment device according to claim 1, the guide system comprising: a flexible component 2 that receives the cable; and a sliding element 3 that is coupled to the window pane via a connecting element M, which is guided on a rail-like guide element 30 and is connected to the flexible component. (see FIGS. 2A-2C)
Boettger fails to disclose the connecting element is flexible.
Moriya teaches of a connecting element 32,72 that if flexible. (see FIG. 14 and col. 2)
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 make the Boettger connecting element flexible, as taught in Moriya with a reasonable expectation of success in order to facilitate engagement of the connecting element with the window pane. (claim 10)
Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0927806 to Rech in view of Boettger.
Rech discloses an adjustment device for a functionalized window pane of a motor vehicle, the adjustment device comprising:
a window lifter 7,6,3 to adjust the functionalized window pane 2 along an adjustment travel;
a guide system for 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, the guide system having a sliding element 9 coupled to the window pane. (see the only figure and note sliding element 9 is attached to the sliding window pane; thus sliding element 9 slides.)
Rech fails to disclose the guide system having a flexible component to receive the cable; and
the sliding element being guided by a rail-like guide element that is separated from the window lifter along the adjustment travel.
Boettger teaches of the guide system having a flexible component 2 to receive the cable K; and the sliding element 3 being guided by a rail-like guide element 30 that is separated from the window lifter M 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 and rail-like guide element, as taught by Boettger, in order to protect the cable and guide the cable and sliding element. (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 window pane. (see the only figure of Rech) (claim 9)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 on M - F 7:30 -4 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Daniel Cahn can be reached on 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