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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Richardson et al. (WO 2017/184946) in view of Semran (US Pat 4,901,395).
Regarding claim 21, Richardson et al. disclose a vehicle body comprising: a first body panel 38; a second body panel 36 attached to an underside of the first body panel 38 such that a cavity 28 is formed between the first body panel 38 and the second body panel 36 (see Figures 3 and 5; Paragraphs 31 and 33); an insert 10 extending through the second body panel 36 and into the cavity 28 (see Figures 1-3; Paragraph 31); and an expandable foam 26 provided within the cavity 28, the insert 10 having a head 16, a shaft 18 and a plurality of fins 20, 22 disposed along the shaft 18, the shaft 18 and the fins 20, 22 being disposed in the cavity 28 and the head 16 being disposed outside the cavity 28 on a first side of the second body panel 36, the first side of the second body panel 36 being opposite a side of the second body panel 38 that faces the cavity 28 (see Figure 3; Paragraph 31), the fins 20, 22 having a sufficient flexibility to be deformed and inserted into the cavity 28 with the insert 10 (see Paragraph 31), and the expandable foam 26 being provided on an outer surface of at least one of the shaft 18 and one or more of the fins 20, 22 (see Figures 1-3; Paragraphs 30 and 32), and the expandable foam 26 having an initial width that is less than or equal to a maximum diameter of each of the one or more fins 20, 22 such that the expandable foam 26 can be inserted into the cavity 28 on the outer surface of the shaft 18 (see Figures 1-3; Paragraphs 28 and 30).
Richardson et al. fail to disclose that the fins are annular flanges.
Semran discloses an insert 20 extending through a body panel 10 into a cavity and having a head, a shaft 24, an annular fin 32, and an expandable foam 42 (see Figures 1-4; Col. 2, lines 36-65). The insert 20 is inserted through an opening 12 in the panel 10 and the annular shape of the fin 32 allows the insert 20 to flex as it is pushed through the opening 12 and retain position in the panel 10 (see Col. 2, line 66-Col. 3, line 14).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the fins of Richardson et al. as annular flanges, with a reasonable expectation of success, to ensure the fins can be inserted in an opening and obtain a loose fitting relationship with the body panel, as taught by Semran.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Richardson et al., as modified by Semran, in view of Quaderer et al. (US Pat 8,790,058).
Regarding claim 22, Richardson et al., as modified by Semran, disclose the vehicle body according to Claim 21.
Richardson et al., as modified by Semran, fail to disclose the fins each have a maximum diameter that is less than a diameter of the head.
Quaderer et al. disclose an insert 10 having a head 16, a shaft 18, and a plurality of fins 20 and an expandable foam 12 positioned on the insert 10 (see Figures 1-2; Col. 6, lines 62-67). A width W of the expandable foam 12 is less than a diameter of the plurality of fins 20 so that the fastener may be positioned in an opening (see Figures 1-4; Col. 3, lines 43-51; Col. 3, line 57-Col. 4, line 18). The diameter d1 of the head 16 exceeds the diameter d2 of the plurality of the fins 20 to prevent complete pull-through of the insert 10 through the opening (see Figures 3-4; Col. 3, lines 47-51; Col. 7, lines 1-4).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the maximum diameter of the plurality of fins of Richardson et al., as modified by Semran, to be less than the maximum diameter of the head, with a reasonable expectation of success, to prevent pull-through of the insert through the opening, as taught by Quaderer et al..
Allowable Subject Matter
Claims 1, 3-10, and 13-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 was previously indicated as allowable. The previously presented reasons for allowance are provided below for clarity of the record.
Claim 1 recites a vehicle body comprising: a first body panel; a second body panel attached to an underside of the first body panel such that a cavity is formed between the first body panel and the second body panel; and an insert extending through the second body panel and into the cavity, the insert having a head, a shaft and a plurality of fins disposed along the shaft, the shaft and the fins being disposed in the cavity and the head being disposed outside the cavity on a first side of the second body panel, the first side of the second body panel being opposite a side of the second body panel that faces the cavity, and the insert further including an expandable foam provided within the cavity on at least one of the shaft and one or more of the fins. A third body panel is attached to the underside of the first body panel so as to overlie the first side of the second body panel, the head of the insert being disposed on a second side of the third body panel, the second side of the third body panel being opposite a side of the third body panel that faces the first side of the second body panel. Chang et al. (US Pat 5,979,902) disclose a vehicle body having a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Chang et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity. Soderberg (US Pat 5,160,465) discloses a vehicle body having a first body panel, a second body panel, an insert, an expandable foam positioned on the insert, and a third body panel attached to an underside of the first body panel; however, Soderberg fails to disclose the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity. Hopton et al. (US Pat 6,253,524) disclose a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Hopton et al. (‘524) fail to disclose that the head of the insert is positioned outside the cavity on a first side of the second body panel opposite a side of the second body panel that faces the cavity. Hopton et al. (US Pat 6,475,577) disclose a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Hopton et al. (‘577) fail to disclose that the head of the insert is positioned outside the cavity on a first side of the second body panel opposite a side of the second body panel that faces the cavity. Richardson et al. (US Pat 10,161,543) disclose a multi-part insert having expandable foam; however, Richardson et al. fail to disclose the insert has a head, a shaft and a plurality of fins. Ui et al. (US PG Pub 2011/0086198) disclose a vehicle body having a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Ui et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity. Brichet et al. (US Pat 11,407,453) disclose a vehicle body having a body panel, an insert with a head, a shaft, and a plurality of fins, and an expandable foam on the insert; however, Brichet et al. fail to disclose a first body panel and a second panel and that the head of the insert is positioned outside the cavity between the first body panel and the second body panel. Etterli (US PG Pub 2025/0289377) discloses a vehicle body having a first body panel, a second body panel, an insert having a head and a plurality of fins, and an expandable foam positioned on the insert; however, Etterli fails to disclose a third body panel attached to an underside of the first body panel. Richardson et al. (US Pat 11,685,085) disclose an insert having a head, a shaft, a fin and an expandable foam; however, Richardson et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity.. Horvat et al. (US Pat 10,926,808) disclose a vehicle body having a first body panel, an insert having an expandable foam, and a cavity; however, Horvat et al. fail to disclose a second or third body panel. Quaderer et al. (US Pat 8,790,058) disclose an insert having a head, a shaft, a plurality of fins and an expandable foam; however, Quaderer et al. fail to disclose a first, second, or third body panel. Richardson et al. (WO 2017/184946) disclose an insert having a head, a shaft, a plurality of fins and an expandable foam; however, Richardson et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity. The prior art does not properly teach or suggest the recited configuration, making claim 1 allowable.
Claims 3-9 and 19 would be allowable because they are dependent on claim 1.
Claim 10 was previously indicated as allowable. The previously presented reasons for allowance are provided below for clarity of the record.
Claim 10 recites a method of sealing a cavity within a vehicle body, the method comprising attaching a first body panel to a second body panel such that a cavity is formed between the first body panel and the second body panel; inserting an insert having an expandable foam provided thereon through a first receiving opening of the second body panel such that the expandable foam is disposed within the cavity; applying a predetermined temperature to the first and second body panels to bake the first and second body panels such that the expandable foam expands within the cavity; attaching a third body panel to the second body panel so to overlie the second body panel; and aligning the first receiving opening of the second body panel with a second receiving opening of the third body panel. Chang et al. disclose a vehicle body having a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Chang et al. fail to disclose a third body panel attached to an underside of the first body panel and having a second receiving opening in which the insert is positioned. Soderberg discloses a vehicle body having a first body panel, a second body panel, an insert, an expandable foam positioned on the insert, and a third body panel attached to an underside of the first body panel; however, Soderberg fails to disclose the head of the insert is disposed in an second receiving opening in the third body panel. Hopton et al. (US Pat 6,253,524) disclose a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Hopton et al. (‘524) fail to disclose a third body panel having a second receiving opening through which the insert passes. Hopton et al. (US Pat 6,475,577) disclose a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Hopton et al. (‘577) fail to disclose a third body panel having a second receiving opening through which the insert passes. Richardson et al. (US Pat 10,161,543) disclose a multi-part insert having expandable foam; however, Richardson et al. fail to disclose the insert passes through a first or second receiving opening. Ui et al. (US PG Pub 2011/0086198) disclose a vehicle body having a first body panel, a second body panel, an insert, and an expandable foam positioned on the insert; however, Ui et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the insert passes through a second receiving opening in the third body panel. Brichet et al. (US Pat 11,407,453) disclose a vehicle body having a body panel, an insert, and an expandable foam on the insert; however, Brichet et al. fail to disclose a first body panel and a second panel. Etterli (US PG Pub 2025/0289377) discloses a vehicle body having a first body panel, a second body panel, an insert having an expandable foam positioned on the insert; however, Etterli fails to disclose a third body panel attached to overlie of the second body panel. Richardson et al. (US Pat 11,685,085) disclose an insert having an expandable foam; however, Richardson et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity.. Horvat et al. (US Pat 10,926,808) disclose a vehicle body having a first body panel, an insert having an expandable foam, and a cavity; however, Horvat et al. fail to disclose a second or third body panel. Quaderer et al. (US Pat 8,790,058) disclose an insert having an expandable foam; however, Quaderer et al. fail to disclose a first, second, or third body panel. Richardson et al. (WO 2017/184946) disclose an insert having a head, a shaft, a plurality of fins and an expandable foam; however, Richardson et al. fail to disclose a third body panel attached to an underside of the first body panel and positioned such that the head of the insert is disposed on a side of the third body panel opposite a first side of the second body panel that does not face the cavity. The prior art does not properly teach or suggest the recited method, making claim 10 allowable.
Claims 13-18 and 20 are allowable because they are dependent on claim 10.
Response to Arguments
Applicant’s arguments, see pages 6-7 of Remarks, filed June 1, 2026, with respect to the rejection of claim 21 under 35 USC 102 as being anticipated by Richardson et al. have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Richardson et al. and Semran.
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 VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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