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 .
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 9/8/2025 is acknowledged.
Claims 42-45 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/8/2025.
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 23 and 28 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 23 is not clearly understood because “the reinforcing rib” lacks a clear antecedent basis. Claim 23 depends from claim 1. The reinforcing rib is introduced in claim 18. The examiner believes the dependency should be corrected.
Claim 28 is not clearly understood because “the material” lacks a clear antecedent basis. Claim 28 depends from claim 26. The material is introduced in claim 27. The examiner believes the dependency should be corrected.
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.
Claims 1-32, 34, 35, and 39-41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leanza (US 2011/0133517).
In reference to claim 1, Leanza disclose a body unit comprising a body component (100) that comprises an elongate carrier element (105) and at least one injection molded part (200), as shown in Figures 1-6 and discloses in paragraph [0022]. The at least one molded part (200) is molded at least partially onto the carrier element (105), as shown in Figures 2-6. The injection molded part (200) holds at least one functional element (110) at a holding part of the functional element (110), as shown in Figures 2-4. The holding part can be different elements of functional element (110) like the flange along side (150), the undercut formed by the U-shaped cross section of the functional element, and the wall (170), as shown in Figures 1-6.
In reference to claim 2, the holding part comprises at least one flange portion at which the injection molded part (200), specifically section (230), holds the functional element (110), as shown in Figures 2-4.
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In reference to claim 3, the holding part has at least one undercut (165) formed by the concave U-shaped cross section of functional element (110), as shown in Figures 1-4. The injection molded part (200), specifically sections (235,245b,250), embraces the at least one undercut (165), as shown in Figures 2 and 3.
In reference to claim 4, the at least one undercut is an undercut in relation to a direction oriented from the holding part toward the carrier element (105), as shown in Figure 1.
In reference to claim 5, the holding part has at least one wall portion (170) that runs at least approximately parallel to the longitudinal extent of the carrier element, as shown in Figures 1-4. A portion (210) of the injection molded part (200) partly covers a side of the wall portion (170) remote from the carrier element (105), as shown in Figures 2 and 4.
In reference to claim 6, the holding part has at least one recessed element (165) formed by the concave U-shape cross section, as shown in Figures 1-3. The injection molded part (200) engages in the at least one recessed element (165) with an engaging portion (235,245b,250), as shown in Figure 3.
In reference to claim 7, the holding part has at least one aperture (140,145), as shown in Figures 1-4. The injection molded part (200) engages through the apertures (140,145), as shown in Figures 2-5 and disclosed in paragraph [0024].
In reference to claim 8, the holding part comprises at least one holding rib formed by the flange along side (150), as shown in Figure 2. The injection molded part (200) embraces the at least one holding rib, as shown in Figure 2.
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In reference to claim 9, the holding part has at least one receiving space (165) formed the concave U-shape cross section, as shown in Figures 1-3. The injection molded part (200), specifically sections (235,245b,250), engages the receiving space (165), as shown in Figure 3.
In reference to claim 10, at least one portion of the holding part that delimits the receiving space (165) has apertures (140,145), as shown in Figures 1 and 3.
In reference to claim 11, at least one holding rib (250) is arranged in the at least one receiving space (165), as shown in Figure 3. The claim does not require the holding rib to be part of the holding part.
In reference to claim 12, the body unit comprises a body component comprised of an elongate carrier element (105) and at least one injection molded part (200), as shown in Figures 1-6. The at least one injection molded part (200) is molded at least partly onto the carrier element (105), as shown in Figures 2-4. The injection molded part (200) forms at least one functional element (230), as shown in Figures 2-4.
In reference to claim 13, the functional element (230) takes the form of a securing element (230) for securing a vehicle functional unit (110), as shown in Figures 1-6.
In reference to claim 14, the functional element (230) takes the form of a securing element (230) for securing a further body component (110), as shown in Figures 1-6.
In reference to claim 15, the body unit comprises at least one further body component (110), as shown in Figures 1-6. The at least one further body component (110) is secured to the functional element (200), as shown in Figures 2-4.
In reference to claim 16, the at least one functional element (110) is at least partly made from metal, as disclosed in paragraph [0018].
In reference to claim 17, the functional element (230) is at least partly fiber-reinforced since the material can be glass filled, as disclosed in paragraph [0023].
In reference to claim 18, the at least one injection molded part (200) is at least molded onto the carrier element (105) and comprises a reinforcing component (235,240,245a-c,250), as shown in Figures 2 and 3.
In reference to claim 19, the injection molded part (200) comprises at least one reinforcing rib (235,240,245a-c,250), as shown in Figures 2 and 3. The at least one reinforcing rib (235,240,245a-c,250) reinforces a holding component (255,260) of the at least one injection molded part (200), as shown in Figures 2-4.
In reference to claim 20, the at least one reinforcing rib (235,240,245a-c,250) at least partly peripherally embraces the carrier element, as show in Figures 2 and 3.
In reference to claim 21, the at least one reinforcing rib (235,240,245a-c) is arranged in an internal region of the carrier element (105), as shown in Figure 3.
In reference to claim 22, the carrier element (105) has at least one through hole that is engaged by the injection molded part (200), as disclosed in paragraph [0021].
In reference to claim 23, a portion of the at least one injection molded part (200) that engages the through hole is molded onto a portion of a reinforcing rib that runs over the through opening much like holes (140,145) and reinforcing ribs (210,220,235,250,255,260), as shown in Figures 2 and 3 and disclosed in paragraphs [0026-0028].
In reference to claim 24, the carrier element (105) has a laterally open cross sectional shape, as shown in Figure 1.
In reference to claim 25, the carrier element (105) is made at least partly from a metallic material, as disclosed in paragraph [0018].
In reference to claim 26, the body unit comprises a body component comprising an elongate carrier element (105,230) and at least one injection molded part (210), as shown in Figures 1-6. The carrier element (105,230) is at least partly formed from an injection molded part, as disclosed in paragraph [0022].
In reference to claim 27, the carrier element (105,230) is made at least partly from a material comprising plastic material, as disclosed in paragraph [0023].
In reference to claim 28, the material of the carrier (105,230) comprises at least two different materials, as disclosed in paragraphs [0018] and [0023]. One of the at lest two different materials has a greater elastic modulus that the other of the two materials. Specifically, the injection molded material can be formed of EPDM rubber which has a lower elastic modulus than the metal forming element (105).
In reference to claim 29, the carrier element (105,230) is at least partly fiber reinforced due to the inclusion of glass fill in element (230), as disclosed in paragraph [0023].
In reference to claim 30, the carrier element is partly made from a fiber reinforced material due to the inclusion of glass fill in element (230), as disclosed in paragraph [0023].
In reference to claim 31, the carrier element (105,230) is fiber reinforced by a fiber reinforced reinforcing component (210), as shown in Figure 2 and disclosed in paragraph [0023].
In reference to claim 32, the carrier element (105,230) is fiber reinforced at least along a portion that, at least in respect of one operating mode, is on the driver’s side since element (230) extends away from each side (150,160) of element (110) along the carrier element, as shown in Figures 2-4. The carrier is a instrument panel structural frame main beam extending laterally in the vehicle and element (110) is a vertical support, as disclosed in paragraph [0003]. One side of element (110) is a driver side and the other side is the passenger. Since element (230) extends from both sides of element (110), it must extend on both the passenger side and the driver side.
In reference to claim 34, the injection molded part (210) is at least partly fiber reinforced, as disclosed in paragraph [0023].
In reference to claim 35, the fiber reinforcement takes the form of a fiber reinforced layer since the element (210) is fiber reinforced and forms a layer, as shown in Figure 2.
In reference to claim 39, a body of a motor vehicle comprises at least one body unit of claim 1, as disclosed in paragraphs [0003] and [0017].
In reference to claim 40, a motor vehicle has a body unit of claim 1, as disclosed in paragraphs [0003] and [0017].
In reference to claim 41, the at least one injection molded part (200) is at least partly fiber reinforced, as disclosed in paragraph [0023].
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 33 is rejected under 35 U.S.C. 103 as being unpatentable over Leanza (US 2011/0133517) in view of Birka (US 2015/0056428).
Leanza does not disclose reinforcement of the carrier element along it entire length.
Birka teaches overmolding a carrier element (12) along it entire length with a fiber reinforced reinforcement (14), as shown in Figure 11 and disclosed in paragraphs [0024] and [0039].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the fiber reinforced portion of the carrier element of Leanza such that it extends the entire longitudinal extent, as taught by Birka, with a reasonable expectation for success to improve strength and rigidity of the part and the vehicle to improve safety and the effectiveness of the suspension.
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Leanza (US 2011/0133517) in view of van Aken et al. (US 2019/0168818).
Leanza does not disclose the fibers are entwined with one another.
Van Aken teaches arranging fibers (186) entwined with one another as braids or commingled strands, as disclosed in paragraph [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the fibers of Leanza such that they are entwined with one another, as taught by van Aken, with a reasonable expectation for success to increase strength in at least one direction to improve strength and rigidity in the vehicle transverse direction for improve safety.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Leanza (US 2011/0133517) in view of van Aken et al. (US 2019/0168818).
Leanza does not disclose the fibers are oriented unidirectionally in at least one ply.
Van Aken teaches arranging fibers (186) unidirectionally in at least one ply or laminae, as disclosed in paragraphs [0051] and [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the fibers of Leanza unidirectionally in at least one ply, as taught by van Aken, with a reasonable expectation for success to increase strength and rigidity to improve safety.
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Leanza (US 2011/0133517) in view of van Aken et al. (US 2019/0168818).
Leanza does not disclose the plurality of plies having fibers.
Van Aken teaches arranging fibers (186) in a plurality of plies or laminae, as disclosed in paragraphs [0051] and [0052].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the fibers of Leanza in a plurality of plies, as taught by van Aken, with a reasonable expectation for success to increase strength and rigidity to improve safety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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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.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 November 25, 2025