Prosecution Insights
Last updated: April 19, 2026
Application No. 18/153,735

VEHICLE BODY PANEL INSERT

Non-Final OA §102
Filed
Jan 12, 2023
Examiner
CONDO, VERONICA MARIE
Art Unit
3612
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nissan North America, Inc.
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
87%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
156 granted / 190 resolved
+30.1% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
32 currently pending
Career history
222
Total Applications
across all art units

Statute-Specific Performance

§103
37.6%
-2.4% vs TC avg
§102
35.6%
-4.4% vs TC avg
§112
23.9%
-16.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 190 resolved cases

Office Action

§102
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 § 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 (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 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 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richardson et al. (WO 2017/184946). 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). 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 amended to include all subject matter of cancelled claim 2, which 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 amended to include all subject matter of cancelled claim 12, which 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 would be allowable because they are dependent on claim 10. Response to Arguments Applicant’s arguments, see pages 6-8 of Remarks, filed February 9, 2026, with respect to the 35 USC 103 rejection of claim 21 as being unpatentable over Chang et al. in view of Quaderer have been fully considered and are persuasive; therefore, the rejection of claim 21 has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Richardson et al. (WO 2017/184946). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takabatake (US Pat 5,806,915) discloses an insert for a vehicle body having a head, a shaft, a plurality of fins and an expandable foam positioned on an outer surface of the shaft. 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. 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, Amy Weisberg can be reached at (571) 270-5500. 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. /VERONICA M CONDO/Examiner, Art Unit 3612 /AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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Prosecution Timeline

Jan 12, 2023
Application Filed
May 28, 2025
Non-Final Rejection — §102
Aug 28, 2025
Response Filed
Nov 05, 2025
Final Rejection — §102
Jan 08, 2026
Response after Non-Final Action
Feb 09, 2026
Request for Continued Examination
Mar 01, 2026
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Feb 17, 2026
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2y 5m to grant Granted Feb 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
87%
With Interview (+4.7%)
2y 3m
Median Time to Grant
High
PTA Risk
Based on 190 resolved cases by this examiner. Grant probability derived from career allow rate.

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