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 .
DETAILED ACTION
Examiner’s Comments
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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Drawings
The drawings are objected to because: where only a single view is used in an application to illustrate the claimed invention, it must NOT be numbered and the abbreviation "FIG." must not appear.
See 37CFR 1.84(u)(1), last sentence.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 5-8 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 pre-AIA the applicant regards as the invention.
Claim 5 lacks antecedent basis for the limitation “the decorative trim profile” in line 10. This is the first instance of the recitation and should perhaps instead be “a decorative trim profile of the roof decorative trim has…”.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over DE 10341904 in view of EP 1759960.
For claim 5, DE ‘904 discloses a passenger vehicle, comprising:
a vehicle roof (8) fixed on a vehicle body and designed as a hardtop roof;
a body outer skin (9) spaced apart from the vehicle roof (8) via a roof gap (7);
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a roof decorative trim (6) which at least partially covers the roof gap (7); and
at least one retaining clip (1,2,3,4) by which the roof decorative trim is fastened to the body (as seen above in FIG.2),
wherein the retaining clip (1,2,3,4) has at least one latching nose (11) on a side face (right-hand-most-side of FIG.2) facing away from the vehicle roof and at least one recess on a side face facing away from the body, and
a decorative trim profile of the decorative trim (6) has at least one latching projection (near to 11) which is operatively connected to the at least one latching nose (11), at least one guide projection (15) which is operatively connected to the at least one recess, and at least one terminating projection (14).
DE 904 fails to provide the vehicle roof having at least one roof projection on a side facing the retaining clip, and the recited terminating projection operatively connected to the roof projection.
This feature is known from at least EP ‘960 (EP 1759960) which teaches a vehicle roof (31; including roof panel 41) having at least one roof projection (see the side moulding 43 including body 48 for covering side edge 41a of roof panel 41, and a lip 49 projecting outwardly from the side moulding body 48) on a side facing a decorative trim (37), where the decorative trim (37) inclues a terminating projection (not numbered, FIG.6) operatively connected to the roof projection (49).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the roof of DE 904 similar to that of EP 960 with roof projection as an obvious expedient and to have modified the decorative trim of DE 904 to include a terminating projection as taught by EP 960 in order to allow water to be safely channeled away.
For claim 8, a seating lip (13) located on the decorative trim profile rests against the body outer skin.
Allowable Subject Matter
Claims 6-7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 20006801 discloses a decorative trim for vehicle body components. The body component including a projection which the trim overlaps (at 2; FIG.1).
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JPH 08188091 discloses a roof (2) having a projection (2b) and a trim (1; 1a,1b) where the trim includes a decorative trim profile having
at least one latching projection (1a) which is operatively connected to the at least one latching nose (5a) of at least one retaining clip (5), and
at least one terminating projection (1b) which is operatively connected to the roof projection (2b).
JPH 091 fails to provide the at least one guide projection which is operatively connected to the at least one recess of the clip.
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DE 102016004640 discloses a decorative trim for use with a vehicle window. The window includes a projection and the decorative has a cooperating projection (35) but the device is not explicitly intended for use with a roof.
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EP 1295745 discloses a vehicle door with finishing trim.
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DE 102025105571 teaches a roof having a projection and a trim have a cooperating projection but does not qualify as prior art based on the effective filing date of the current application.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Should you have questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
Prosecution Insights