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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the gap arranged entirely above the tensioning element in the installed state from claim 18, the motor vehicle having a motor vehicle side door with a driver element arranged therein from claim 21, and the window pane of claim 22 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim 18 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation “the receiving gap is arranged entirely above the tensioning element in the installed state, and/or the main part and the inner clamping element are designed in one piece.” As noted above in the drawing objection, the figures do not show the gap to be arranged entirely above the tensioning element. In light of the disclosure paragraph [0047], the examiner is interpreting claim 18 as “the receiving gap is arranged entirely above a screw of the tensioning element in the installed state”.
Claim Rejections - 35 USC § 102
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) 12 and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang (KR20030093391A).
Regarding claim 12, Jang teaches a driver element for securing a window pane of a motor vehicle to a guide device of a window lifter, the driver element comprising: an inner clamping element (103a) which comes into contact with the window pane face (101) which faces an interior of the motor vehicle in the installed state (see fig 3b), an outer clamping element (205) which comes into contact with the window pane face (101) which faces away from the interior of the motor vehicle in the installed state (see fig 3b), a main part (103) for attaching the driver element (200) to the guide device (13) and a tensioning element (115) which secures the outer clamping element (205) to the main part (103), wherein the inner clamping element (103a) and the outer clamping element (205) form a single receiving gap (see fig 3b) for the window pane (101), and wherein the outer clamping element (205) comprises a spring element (205b) which is arranged and designed so as to exert a clamping force, induced via the tensioning element (115), onto the window pane (101) located in the receiving gap in the installed state (as seen in figs 3a and 3b).
Regarding claim 18, Jang teaches the driver element of claim 12. Jang further teaches wherein: the receiving gap is arranged entirely above the tensioning element in the installed state, and/or the main part (103) and the inner clamping element (103a) are designed in one piece (as seen in fig 3b).
Regarding claim 19, Jang teaches the driver element of claim 12. Jang further teaches wherein the clamping force, induced via the tensioning element (115), acts in a motor vehicle width direction in the installed state (as seen in figs 1 and 3b).
Regarding claim 20, Jang teaches the driver element of claim 19. Jang further teaches characterized in that the tensioning element (115) has a screw (see fig 3b) which is secured in the main part (103) or is designed as such, wherein a longitudinal direction of the screw extends in the motor vehicle width direction in the installed state such that, by tightening the screw, the clamping force is increased in the motor vehicle width direction.
Regarding claim 21, Jang teaches the driver element of claim 12. Jang further teaches a motor vehicle having a motor vehicle side door with a driver element arranged therein, and a window lifter (as seen in fig 1a) with a guide device (13) connected to the driver element (200).
Claim(s) 12, 14, and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Medebach (DE102007054406A1).
Regarding claim 12, Medebach teaches a driver element for securing a window pane of a motor vehicle to a guide device of a window lifter, the driver element comprising: an inner clamping element (18) which comes into contact with the window pane face (43) which faces an interior of the motor vehicle in the installed state (see fig 4), an outer clamping element (10) which comes into contact with the window pane face (43) which faces away from the interior of the motor vehicle in the installed state (see fig 4), a main part (4) for attaching the driver element (2) to the guide device (as described in [0010] “a base body for attaching the follower to the guide device of the window regulator”) and a tensioning element (20) which secures the outer clamping element (10) to the main part (4) wherein the inner clamping element (18) and the outer clamping element (10) form a single receiving gap (22) for the window pane (43), and wherein the outer clamping element (10) comprises a spring element (24) which is arranged and designed so as to exert a clamping force, induced via the tensioning element (20), onto the window pane (43) located in the receiving gap in the installed state (as seen in fig 2 and described in [0022], 24 acts as a spring element between the clamping elements).
Regarding claim 14, Medebach teaches the driver element of claim 12. Medebach further teaches wherein the outer clamping element (10) comprises a tensioning plate (vertically shaped central area of 10, surrounding bore ) for exerting the clamping force, induced via the tensioning element (20), onto the window pane (43) located in the receiving gap (22), the upper end thereof (14) being in contact with the window pane face (43) which faces away from the interior of the motor vehicle in the installed state (see fig 4), and the lower end (surrounding opening in 10 for tensioning element 20) thereof being connected to the tensioning element (20) in the installed state (see fig 4).
Regarding claim 18, Medebach teaches the driver element of claim 12. Medebach further teaches wherein: the receiving gap (22) is arranged entirely above the tensioning element (20) in the installed state (see fig 4), and/or the main part and the inner clamping element are designed in one piece.
Regarding claim 19, Medebach teaches the driver element of claim 12. Medebach further teaches wherein the clamping force, induced via the tensioning element (20), acts in a motor vehicle width direction in the installed state (as seen in fig 4).
Regarding claim 20, Medebach teaches the driver element of claim 19. Medebach further teaches that the tensioning element (20) has a screw ([0034] describes 20 as a bolt with a screw head) which is secured in the main part (4, via hole 44, described in [0045]) or is designed as such, wherein a longitudinal direction of the screw extends in the motor vehicle width direction in the installed state such that, by tightening the screw, the clamping force is increased in the motor vehicle width direction.
Regarding claim 21, Medebach teaches the driver element of claim 12. Medebach further teaches a motor vehicle having a motor vehicle side door with a driver element arranged therein, and a window lifter with a guide device connected to the driver element (2, as described in [0010] “a base body for attaching the follower to the guide device of the window regulator”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (KR20030093391A) in view of Renggli (U.S. 10,316,695).
Regarding claim 13, Jang teaches the driver element of claim 12. Jang further teaches the outer clamping element (205) comprising a spring for exerting the clamping force, induced via the tensioning element (115), onto the window pane (101) located in the receiving gap (see fig 3b), the inner face thereof being in contact with the window pane face which faces away from the interior of the motor vehicle in the installed state (see fig 3b), the outer face thereof being connected to the tensioning element (115) via a tensioning plate (205a). Jang is silent as to the outer clamping element comprising a disk spring.
Renggli teaches a similar driver element, where the outer clamping element comprises a disk spring (126) for exerting the clamping force induced via the tensioning element.
Jang and Renggli are considered to be analogous to the claimed invention because they are in the same field of driver elements. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jang to incorporate the teachings of Renggli and provide a spring element on the outer clamping element that is a disk spring. Doing so would ensure additional points of contact between the spring element and the window pane to spread the clamping force over a larger area.
Regarding claim 16, the combination of Jang and Renggli teaches the driver element of claim 13. Renggli further teaches wherein the tensioning plate and/or the disk spring (126) comprise steel or consist thereof (column 8, lines 9-14 state metallic materials, of which steel is metallic).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Medebach (DE102007054406A1).
Regarding claim 17, Medebach teaches the driver element of claim 12. Medebach further teaches wherein an insert (24) is arranged in the receiving gap (22), the insert (24) being located in each case between the window pane (43) and the inner clamping element (18) and the outer clamping element (10) in the installed state (see fig 4).
Medebach discloses the claimed invention except for wherein the insert is made of plastic. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the insert out of a plastic material, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (KR20030093391A) in view of Reichenbacher (DE102006059853).
Regarding claim 17, Jang teaches the driver element of claim 12. Jang is silent as to a plastics insert arranged in the receiving gap (as previously defined above), the plastics insert bring located between the window pane (101) and the inner clamping element (103a) and the outer clamping element (205) in the installed state.
Reichenbacher teaches a similar driver element where there is a plastics insert arranged in the receiving gap between the window pane and the inner clamping element and the outer clamping element (as described in [0004]).
Jang and Reichenbacher are considered to be analogous to the claimed invention because they are in the same field of driver elements. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jang to incorporate the teachings of Reichenbacher and provide a plastic insert arranged in the receiving gap between the window pane and the inner clamping element and the outer clamping element. Doing so would provide a larger surface area for the clamping elements to grip the window pane, and also allow the clamping elements to clamp onto an element that is likely less prone to breakage than the window pane.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (KR20030093391A) in view of Freudenberg (DE3419542A1).
Regarding claim 22, Jang teaches the driver element of claim 21. Jang further teaches wherein the motor vehicle has a window pane (101) which is received in the receiving gap (seen in fig 3b) of the driver element (200). However, Jang is silent as to the inner and/or outer clamping element having dimensions such that in a closed state of the window pane, the protrude into a sill region of the window opening of the motor vehicle side door which is closed by the window pane.
Freudenberg teaches a similar driver element where the outer clamping element has dimensions such that in a closed state of the window pane (fig 1) protrudes into a sill region of a window opening of the motor vehicle side door which is closed by the window pane (as seen in fig 1, the outer clamping element extends to a sill region of a window opening).
Jang and Freudenberg are considered to be analogous to the claimed invention because they are in the same field of driver elements. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jang to incorporate the teachings of Freudenberg and locate the outer clamping element to protrude into a sill region of a window opening of the motor vehicle side door. Doing so would provide support the window pane assembly as it opens and closes.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Medebach (DE102007054406A1) in view of Freudenberg (DE3419542A1).
Regarding claim 22, Medebach teaches the driver element of claim 21. Medebach further teaches wherein the motor vehicle has a window pane (43) which is received in the receiving gap (22) of the driver element (2). However, Medebach is silent as to the inner and/or outer clamping element having dimensions such that in a closed state of the window pane, the protrude into a sill region of the window opening of the motor vehicle side door which is closed by the window pane.
Freudenberg teaches a similar driver element where the outer clamping element has dimensions such that in a closed state of the window pane (fig 1) protrudes into a sill region of a window opening of the motor vehicle side door which is closed by the window pane (as seen in fig 1, the outer clamping element extends to a sill region of a window opening).
Medebach and Freudenberg are considered to be analogous to the claimed invention because they are in the same field of driver elements. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Medebach to incorporate the teachings of Freudenberg and locate the outer clamping element to protrude into a sill region of a window opening of the motor vehicle side door. Doing so would provide support the window pane assembly as it opens and closes.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Clam 15 contains subject matter not taught or anticipated by the prior art, including wherein the tensioning plate comprises: two pressure arms which connect the lower end of the tensioning plate in the installed state to the upper end of the tensioning plate in the installed state, such that two pressure points located in a first row are formed at the upper end of the tensioning plate in the installed state between the tensioning plate and the window pane located in the receiving gap, and three pressure arms which extend from the upper end of the tensioning plate in the installed state in the direction of the lower end of the tensioning plate in the installed state, and which terminate above the lower end of the tensioning plate in the installed state, such that three pressure points located in a second row are formed between the tensioning plate and the window pane located in the receiving gap. While the closest prior art Jang (KR20030093391A) and Medebach (DE102007054406A1) both include a tensioning plate element, the specific configuration of the pressure arms and pressure points in the claim are not taught by the prior art and, absent hindsight reasoning, one of ordinary skill in the art would not have modified the prior art to arrive at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 12,467,303, US 11,499,361, US 11,168,501 (all of which teach a driver element for a window assembly).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan M Heschel whose telephone number is (571)272-6621. The examiner can normally be reached Monday-Friday 8:00 am-4:00 pm.
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, Daniel Troy can be reached at (571)270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from 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. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUSAN M. HESCHEL/Examiner, Art Unit 3637
/Muhammad Ijaz/Primary Examiner, Art Unit 3631