DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. The use of reference characters in parenthesis is to be considered as having no effect on the scope of the claims.
Claim Rejections - 35 USC § 112
3. 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.
4. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 1 and 9 recite the broad recitation “the roof assembly” and the claim also recites “particularly of the cover” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
All claims descendant from claims 1 and 9 are subsequently rejected due to similar phrasing and/or dependency.
It is respectfully requested amending the language to conform with the current amendments filed 21 July 2026.
Claim Rejections - 35 USC § 102
5. 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 8 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Brockhoff (US 2008/0197666).
Regarding claim 8, Brockhoff discloses a road vehicle comprising a movable wing assembly and a roof assembly at least partially adjacent to each other along a direction transverse to a standard direction of travel of the road vehicle (convertible vehicle with moveable roof assembly and moveable wing located in transverse fashion to the direction of travel; Brockhoff at Fig. 1, 0010, 0031)
Wherein the roof assembly comprises at least one roof retractable into a vehicular compartment and a cover bounding the vehicular compartment at the top (cover 6 encloses vehicle storage compartment for retractable roof assembly; Brockhoff at Fig. 5, 7, abstract).
Wherein the cover is movable between an open configuration and a closed configuration so as to selectively allow access or egress of the roof from the vehicular compartment (cover opens and closes to allow retractable roof assembly to be stowed or deployed; Brockhoff at abstract).
The road vehicle comprising a system1 for controlling the movable wing assembly and the roof assembly or the cover for the road vehicle (via motor or manual deployment; Brockhoff at 0044).
Prior Art
6. None of the prior art cited could anticipate or be combined to render obvious the invention of claims 1-7 and 9-14, as best understood.
Upon resolution of the above cited issues, independent claims 1 and 9 will be in condition for allowance.
Subsequently, claims 2-7 and 10-14 would be allowable due to dependence on their respective independent claims.
Citation of Additional Relevant Prior Art
7. The additional prior art made of record considered most pertinent to applicant's disclosure.
Koch (US 6,054,821) at Fig. 2, abstract, col 2 lines 46-51, col 3 lines 2-25, col 3 lines 34-57, col 4 lines 37-40, col 6 lines 46-67, col 6 lines 10-14 teaches a convertible vehicle with roof control, spoiler actuation, fault detection in roof movement, spoiler position sensing, roof retraction/extension positioning, and providing warning to the operator regarding potential safety hazards of traveling with the roof in unsafe positions.
Response to Arguments
8. Applicant’s contention (see page 10 filed 21 July 2026) with respect to the objection to the abstract has been fully considered and is persuasive in view of the amendments provided. Therefore, the objection to the abstract has been withdrawn.
9. Applicant’s contention (see page 11 filed 21 July 2026) with respect to the rejection of claim 82 under 35 U.S.C. 112(b) has been fully considered and is persuasive in view of the amendments provided. Therefore, the rejection of rejection of claim 8 under 35 U.S.C. 112(b) has been withdrawn.
However, upon further consideration, new grounds of rejection are warranted (see above) due to change in scope of claim 8.
10. Applicant’s contention (see pages 10-11 filed 21 July 2026) with respect to the rejection of independent claims 1 and 9 under 35 U.S.C. 112(b) has been fully considered and is not persuasive; while most of the language has been amended to overcome said rejection, the independent claims 1 and 9 still maintain the similarly worded broad/narrow recitation from which the claims were previously rejected. Therefore, the rejection of independent claims 1 and 9 under 35 U.S.C. 112(b) has been maintained.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M DAGER whose telephone number is (571)270-1332. The examiner can normally be reached on M-F 0830-1730.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Angela Ortiz can be reached on 571-272-1206. 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 Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, 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.
/JONATHAN M DAGER/
Primary Examiner, Art Unit 3663
21 September 2026
1 Any means to open and close the convertible roof assembly will anticipate “a system for controlling...”, as broadest reasonably interpreted.
2 Applicant correctly noted that the examiner’s intent was aimed at claim 8, not the stated claim 9.
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