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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu ’881 (CN 209111881).
Liu ’881 discloses a vehicle body rear part structure comprising a rear side inner panel (Fig. 1) which forms a part of a rear wheelhouse (see annotate Fig. below), wherein the rear side inner panel constitutes a part of an opening (see annotate Fig. below) provided at a vehicle body rear part and is joined to a rear pillar (see annotate Fig. below) extending in an up-down direction of a vehicle body, and the rear side inner panel comprises a skeleton part (2) extending in a front-rear direction of the vehicle body, wherein the rear pillar is located at a rear side of the rear side inner panel in the front-rear direction (see annotate Fig. below) wherein the skeleton part is formed to protrude toward a vehicle width direction outer side (Fig. 3).
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Regarding claim 2, Liu ’881 discloses the vehicle body rear part structure according to claim 1, wherein the skeleton part is formed so that a cross-sectional shape when cut perpendicularly to a longitudinal direction of the skeleton part protrudes in a vehicle width direction (Fig. 3).
Regarding claim 3, Liu ’881 discloses the vehicle body rear part structure according to claim 2, wherein a window (see annotated Fig. above) is formed at a side part of the vehicle body rear part by the vehicle body and the rear side inner panel, and the skeleton part extends in the front-rear direction of the vehicle body along a lower end part of the window (Fig. 1).
Regarding claim 4, Liu ’881 discloses the vehicle body rear part structure according to claim 3, wherein the skeleton part is formed so that a cross-sectional depth of the skeleton part when cut in the vehicle width direction along the longitudinal direction of the skeleton part increases toward a longitudinal middle part of the skeleton part (see annotated Fig. above).
Regarding claim 5, Liu ’881 discloses the vehicle body rear part structure according to claim 3, wherein the rear side inner panel (6) is integrally formed with a wheelhouse outer (4) which constitutes a vehicle width direction outer side of the rear wheelhouse, the rear wheelhouse comprises a wheelhouse inner (5) which constitutes a vehicle width direction inner side of the rear wheelhouse, a lower end part of a quarter pillar extending in the up-down direction of the vehicle body is connected to an upper end part side of the wheelhouse inner, and the quarter pillar is arranged at a predetermined interval with the rear pillar in the front-rear direction of the vehicle body, and the skeleton part extends from the quarter pillar to the rear pillar (Fig. 1).
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Regarding claim 6, Liu ’881 discloses the vehicle body rear part structure according to claim 1, wherein the rear side inner panel which comprises a plurality of openings (see annotated Fig. below), and comprises a plurality of load transmission parts (see annotated Fig. below) formed around each of the openings.
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Regarding claim 7, Liu ’881 discloses the vehicle body rear part structure according to claim 6, wherein the load transmission parts comprise a first load transmission part extending from an upper end part and a lower end part of the rear wheelhouse toward a longitudinal middle part side of the rear pillar (see annotated lines below).
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Regarding claims 8 and 10, Liu ’881 discloses the vehicle body rear part structure according to claim 7, wherein the load transmission parts comprise a pair of second load transmission parts, and one of the second load transmission parts extends from the upper end part of the rear wheelhouse to an upper end part of the rear pillar, and another of the second load transmission parts extends from the lower end part of the rear wheelhouse to a lower end part of the rear pillar (see annotated lines below).
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Regarding claim 9, Liu ’881 discloses the vehicle body rear part structure according to claim 8, wherein the load transmission parts comprise a third load transmission part which is formed along a longitudinal direction of the rear pillar and connects the first load transmission part and the second load transmission parts (see annotated lines below).
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Response to Arguments
The combination of Applicant’s amendments and arguments, see claims 1 and 9, filed July 8, 2026, with respect to the rejection(s) of claim(s) 1-6 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu ’881.
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 PATRICIA L ENGLE whose telephone number is (571)272-6660. The examiner can normally be reached Monday- Friday 7:30 am-4 pm.
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/Patricia L Engle/Primary Examiner
Art Unit 3991