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 .
Response to Amendment
This action is responsive to the amendment dated 4/29/2026. Independent claims 1 and 16 have been substantively amended. Claims 21-25 are newly presented. Claims 1-6, 8-9, 11-12, 15-17, and 20-25 remain pending. Any new ground(s) of rejection below have been made due to applicant’s amendment. This action is Final.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 21d from figure 3. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11 recites “subportions” in line 2 and then recites “subportion” in line 3 and “subportion” in line 4. The recitation of “subportion” in line 3 should be amended to recite --a subportion of the subportions-- and the recitation of “subportion” in line 4 should be amended to recite --a further subportion of the subportions--, in order to more clearly convey which of the subportions of the “subportions” recited in line 2 are being referred to. It is noted that applicant has included different reference numerals for each of the subportions recited in lines 3 and 4; however, they are not given weight in claim interpretation.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code 102 not included in this action can be found in a prior Office action.
Claim(s) 1, 5-6, 8-9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kia Corporation (KR2019980063554)(supplied by the applicant in the IDS dated 11/20/2025, machine translation included herewith and referred to below)(hereinafter “Kia”).
Kia discloses a frame (2) for carrying a concrete-distribution boom, comprising a carrier profile which has at least one force-absorption region absorbing a flow of force exerted by the concrete-distribution boom (such as a region toward the left end in fig. 1, with the region capable of absorbing any forces as it is structurally the same as the applicant’s device), and a force-dissipation region (such as a region toward the right end in fig. 1), which is spaced apart in the longitudinal direction of the carrier profile (fig. 1) dissipating the flow of force into the ground (the region is capable of dissipating force as it is structurally similar to that of the applicant’s claimed device), wherein the carrier profile comprises two profiled sheets (4, 5) which are each bent along at least one bending axis (see each having two bends) and are assembled along at least two connection lines (along 6 and 7) to form a hollow profile (fig. 4), wherein the hollow profile has a maximum cross-sectional width (from the outward facing surface on the left end of 5 to the outward facing surface on the right end of 4) and a maximum cross-sectional height (from the outward facing surface on the bottom end of 5 to the outward facing surface on the top end of 4), wherein the connection lines are diagonally opposite one another in an imaginary rectangle formed by the cross-sectional width and the cross-sectional height (see fig. 4, notice how 6 and 7 are diagonally opposite each other), and in the region of the connection lines, longitudinal edges of at least one profiled sheet abut against corresponding opposing surface regions of the respective other profiled sheet such that load is transferred from one profiled sheet into the other (see the points of contact of sheets 4 and 5 at the area of 6 and 7, for instance, sheet 5 has edge surfaces at the top left and lower right that contact surfaces of 4, these points of contact are considered edges as the term “edge” is broad and interpreted to mean the outer or furthest point of something or place or part farthest away from the center, the portions at the area of 6 and 7 are the farthest away from the center of the structure in the cross-sectional view shown; additionally and/or alternatively, notice the topmost surface of 5 at the top left portion facing upward which abuts against 4 at the area of 6 and a similar location at the bottom right of 5 in the area of 7).
Regarding claim 5, Kia further discloses wherein the connection lines and/or the bending axes are oriented parallel to the longitudinal direction of the carrier profile (left to right in fig. 1a and in the same manner as the applicant’s device).
Regarding claim 6, Kia further discloses wherein the profiled sheets are joined to one another along the connection lines to form the hollow profile (fig. 4, see also pg. 2 of the machine translation, the last two lines of the paragraph beginning with “As shown”).
Regarding claim 8, Kia further discloses wherein, as viewed in cross section, the profiled sheets are subdivided by the bending axes into subportions (forming vertically and horizontally extending portions for both 4 and 5), wherein outside subportions of a profiled sheet assume an angle with one another of between 45 degrees and 135 degrees (approximately 90 degrees for each as shown in fig. 4).
Regarding claim 9, Kia further discloses wherein, as viewed in cross section, the profiled sheets are subdivided by the bending axes into subportions (forming vertically and horizontally extending portions for both 4 and 5), wherein, in the region of the connection, an outside profiled sheet portion of one of the profiled sheets assumes an angle with an adjoining outside profiled sheet portion of the other of the profiled sheets of between 45 degrees and 135 degrees (fig. 4, for instance, see the vertically extending portion of 5 at the top left forming an angle with the horizontally extending portion of 4 at the top of about 90 degrees, the outward facing surfaces and thus considered “outside”).
Regarding claim 11, Kia further discloses wherein one of the profiled sheets has subportions which are defined by bending axes (such as the portion of 5 extending vertically on the left side, the horizontally extending portion, and the portion extending vertically downward on the right side), subportion forms an underside of the carrier profile (such as the horizontally extending portion) and subportion (the width of 5 at the portion extending vertically downward on the right side, in the area of numeral 7) has a width less than a maximum cross-sectional width of the hollow profile (as shown in fig. 4, which is less than the overall maximum width which further includes the width of element 4 on the right side).
Claim(s) 1-3, 5-6, 8-9, 11, and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kerr et al. (U.S. 2012/0086185).
Kerr discloses a frame for carrying a concrete-distribution boom, comprising a carrier profile (primarily shown in figs. 8-9) which has at least one force-absorption region (a region of 12) absorbing a flow of force exerted by the concrete-distribution boom, and a force-dissipation region (another region of 12, in the area of “A-A” in fig. 8, shown in cross-section in fig. 9), which is spaced apart in the longitudinal direction of the carrier profile dissipating the flow of force into the ground (fig. 8 and in the same manner as the applicant’s device), wherein the carrier profile comprises two profiled sheets (such as 23 and 35 on the right in fig. 9 forming one sheet and 24 and 35 on the left forming another sheet) which are each bent along at least one bending axis (see the bends at each of the four corners) and are assembled along at least two connection lines to form a hollow profile (at 30 and 31) , wherein the hollow profile has a maximum cross-sectional width and a maximum cross-sectional height (forming the overall rectangular shape as shown in fig. 9), wherein the connection lines are diagonally opposite one another in an imaginary rectangle formed by the cross-sectional width and the cross-sectional height (at the top left corner and bottom right corner in fig. 9, alternatively the top right corner and bottom left corner), and in the region of the connection lines, longitudinal edges of at least one profiled sheet abut against corresponding opposing surface regions of the respective other profiled sheet such that load is transferred from one profiled sheet into the other (see fig. 9, the overlapping portions at each corner which are edges as the term “edge” is broad and interpreted to mean the outer or furthest point of something or place or part farthest away from the center, additionally and/or alternatively see the top portions of 30 that abut against 23 at the area of 32/38 in fig. 9).
Regarding claim 2, Kerr further discloses wherein the two profiled sheets have a fastening opening for fixing an attachment part to the carrier profile (the openings for fasteners 37 in fig. 8, the openings for 25c in fig. 9, see also the openings near A-A in fig. 8, labeled 22 in fig. 7).
Regarding claim 3, Kerr further discloses wherein the fastening opening forms a passage to an inner region of the hollow profile (best shown in fig. 7, also, the openings for 37 and 25c).
Regarding claim 5, Kerr further discloses wherein the connection lines and/or the bending axes are oriented parallel to the longitudinal direction of the carrier profile (left to right in fig. 8).
Regarding claim 6, Kerr further discloses wherein the profiled sheets are joined to one another along the connection lines to form the hollow profile (fig. 9, see also para. 103 describing welding as being used as an option for the overlap joints 30 and 31).
Regarding claim 8, Kerr further discloses wherein, as viewed in cross section, the profiled sheets are subdivided by the bending axes into subportions (23 and 24 have bends at the left and right ends, forming 3 subportions), wherein outside subportions of a profiled sheet assume an angle with one another of between 45 degrees and 135 degrees (90 degrees).
Regarding claim 9, Kerr further discloses wherein, as viewed in cross section, the profiled sheets are subdivided by the bending axes into subportions (23 and 24 have bends at the left and right ends, forming 3 subportions), wherein, in the region of the connection line, an outside profiled sheet portion of one of the profiled sheets assumes an angle with an adjoining outside profiled sheet portion of the other of the profiled sheets of between 45 degrees and 135 degrees (90 degrees, see the area at 23a and 30 in the top left corner, with 23 extending horizontally which is 90 degrees with respect to 35).
Regarding claim 11, Kerr further discloses wherein one of the profiled sheets has subportions which are defined by bending axes (23 or 24 has a horizontal portion and vertically extending portions at each of the left and right ends where bends are located), subportion forms an underside of the carrier profile and subportion has a width less than a maximum cross-sectional width of the hollow profile (the width of the horizontally extending portion is less than the overall maximum width, see fig. 9).
Regarding claim 20, Kerr further discloses wherein one profiled sheet comprises an overhang which projects beyond the connection line along a length of the hollow profile (see the overhangs at 38).
Regarding claim 21, Kerr further discloses wherein the profiled sheets are joined by a continuous weld extending along the connection lines (see para. 103 describing welding as being used for the overlap joints 30 and 31).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code 103 not included in this action can be found in a prior Office action.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kia in view of Renault (FR759949)(supplied by the applicant in the IDS dated 6/16/2023, machine translation included in the Non-Final Rejection dated 7/14/2025).
Kia discloses the claimed invention but does not appear to explicitly disclose the two profiled sheets having a fastening opening for fixing an attachment part to the carrier profile.
Renault teaches it was known in the art to have a similar frame with profiled sheets (1, 2) that has a fastening opening (the opening for 4) for fixing an attachment part to the carrier profile (intended use, the opening is capable of fixing an attachment part).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kia by having a fastening opening the sheets as taught by Renault in order to provide openings for attachment members (such as the cross-member 4 of Renault, which is similar to the cross-member 3 of Kia but Kia is silent as to how the cross-member is attached to the carrier members) to provide structural rigidity to the frame.
Regarding claim 3, Kia as modified further discloses wherein the fastening opening forms a passage to an inner region of the hollow frame (as taught by Renault and as it is a through bore, see fig. 3 of Renault).
Regarding claim 4, Kia as modified discloses the claimed invention but does not appear to disclose wherein one of the two profiled sheets has an access opening arranged adjacent to the fastening opening, wherein the fastening opening has an area of more than 0.3 cm^2 or the access opening has an area of more than 100 cm^2.
Renault further teaches it was known in the art to have a frame with an access opening (the opening for 18, see figs. 2 and 4) for a frame and arranged adjacent to the fastening opening (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kia by having an access opening adjacent to the fastening opening as taught by Renault in order to provide openings for attachment members (such as member 18 of Renault) such as an axle or the like (like axle 18 in Renault).
It further would have been obvious to have the size of the fastening opening to have an area of more than 0.3cm^2 or more than 100 cm^2, since it has been held that a change in size of a component generally involves only routine skill in the art. The motivation for doing so would be to have the opening sized as desired by a user for a particular application or reception of a specifically sized component.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kia.
Kia discloses the claimed invention but does not appear to disclose at least one of the further features: the hollow profile has a cross-sectional width between 10 cm and 45 cm; the hollow profile has a cross-sectional height between 20 cm and 90 cm; the profiled sheet comprises an overhang which projects beyond the connection line and whose extent is preferably between 0.5 cm and 5 cm; the frame has a boom pedestal arranged in the force-absorption region for connecting to the concrete-distribution boom; the frame has a supporting system which is connected to the carrier profile in the force-dissipation region and which is designed to introduce the forces transmitted by the carrier profile into the ground.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kia such that the hollow profile has a cross-sectional width between 10 cm and 45 cm, since it has been held that a change of size of a component involves only routine skill in the art. See MPEP2144.04. The motivation for doing so would be to have the hollow profile be of a size desired by a user for a particular application, such as a vehicle frame.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kerr.
Kerr discloses the claimed invention but does not appear to disclose at least one of the further features: the hollow profile has a cross-sectional width between 10 cm and 45 cm; the hollow profile has a cross-sectional height between 20 cm and 90 cm; the profiled sheet comprises an overhang which projects beyond the connection line and whose extent is preferably between 0.5 cm and 5 cm; the frame has a boom pedestal arranged in the force-absorption region for connecting to the concrete-distribution boom; the frame has a supporting system which is connected to the carrier profile in the force-dissipation region and which is designed to introduce the forces transmitted by the carrier profile into the ground.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kerr such that the hollow profile has a cross-sectional width between 10 cm and 45 cm, since it has been held that a change of size of a component involves only routine skill in the art. See MPEP2144.04. The motivation for doing so would be to have the hollow profile be of a size desired by a user for a particular application, such as a vehicle frame.
Claim(s) 1, 5-6, 8-9, 11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (U.S. 6,755,212) in view of Kia.
Anderson discloses a frame (the frame/chassis for the truck in fig. 1, see also col. 7, ll. 25-28) for carrying a concrete-distribution boom (10, see fig. 1 including 12, 14, etc., see also col. 5, ll. 6-23) .
Anderson is silent as to the details of the frame.
Kia teaches it was known in the art to have a frame (2) for carrying a concrete-distribution boom, comprising a carrier profile which has at least one force-absorption region absorbing a flow of force exerted by the concrete-distribution boom (such as a region toward the left end in fig. 1, with the region capable of absorbing any forces as it is structurally the same as the applicant’s device), and a force-dissipation region (such as a region toward the right end in fig. 1), which is spaced apart in the longitudinal direction of the carrier profile (fig. 1) dissipating the flow of force into the ground (the region is capable of dissipating force as it is structurally similar to that of the applicant’s claimed device), wherein the carrier profile comprises two profiled sheets (4, 5) which are each bent along at least one bending axis (see each having two bends) and are assembled along at least two connection lines (along 6 and 7) to form a hollow profile (fig. 4), wherein the hollow profile has a maximum cross-sectional width (from the outward facing surface on the left end of 5 to the outward facing surface on the right end of 4) and a maximum cross-sectional height (from the outward facing surface on the bottom end of 5 to the outward facing surface on the top end of 4), wherein the connection lines are diagonally opposite one another in an imaginary rectangle formed by the cross-sectional width and the cross-sectional height (see fig. 4, notice how 6 and 7 are diagonally opposite each other), and in the region of the connection lines, longitudinal edges of at least one profiled sheet abut against corresponding opposing surface regions of the respective other profiled sheet such that load is transferred from one profiled sheet into the other (see the points of contact of sheets 4 and 5 at the area of 6 and 7, for instance, sheet 5 has edge surfaces at the top left and lower right that contact surfaces of 4, these points of contact are considered edges as the term “edge” is broad and interpreted to mean the outer or furthest point of something or place or part farthest away from the center, the portions at the area of 6 and 7 are the farthest away from the center of the structure in the cross-sectional view shown; additionally and/or alternatively, notice the topmost surface of 5 at the top left portion facing upward which abuts against 4 at the area of 6 and a similar location at the bottom right of 5 in the area of 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Anderson by having a frame with carrier profile which has at least one force-absorption region for absorbing a flow of force exerted by the concrete-distribution boom, and a force-dissipation region, which is spaced apart in the longitudinal direction of the carrier profile for dissipating the flow of force into the ground, wherein the carrier profile comprises at least two profiled sheets which are each bent along at least one bending axis and are assembled along at least two connection lines to form a hollow profile wherein the hollow profile has a maximum cross-sectional width and a maximum cross-sectional, wherein the connection lines are diagonally opposite one another in an imaginary rectangle formed by the cross-sectional width and the cross-sectional height and in the region of the connection lines, longitudinal edges of at least one profiled sheet abut against corresponding opposing surface regions of the respective other profiled sheet such that load is transferred from one profiled sheet into the other as taught by Kia as Anderson is silent as to the details of the frame and the frame of Kia is structurally strong and relatively lightweight due to the hollow construction and sheet metal formation.
Regarding claim 5, Anderson as modified further discloses wherein the connection lines and/or the bending axes are oriented parallel to the longitudinal direction of the carrier profile (as taught by Kia, left to right in fig. 1a and in the same manner as the applicant’s device).
Regarding claim 6, Anderson as modified further discloses wherein the profiled sheets are joined to one another along the connection lines to form the hollow profile (as taught by Kia, see fig. 4, see also pg. 2 of the machine translation, the last two lines of the paragraph beginning with “As shown”).
Regarding claim 8, Anderson as modified further discloses wherein, as viewed in cross section, the profiled sheets are subdivided by the bending axes into subportions (as taught by Kia, forming vertically and horizontally extending portions for both 4 and 5), wherein outside subportions of a profiled sheet assume an angle with one another of between 45 degrees and 135 degrees (as taught by Kia, approximately 90 degrees for each as shown in fig. 4).
Regarding claim 9, Anderson as modified further discloses wherein, as viewed in cross section, the profiled sheets are subdivided by the bending axes into subportions (as taught by Kia, forming vertically and horizontally extending portions for both 4 and 5), wherein, in the region of the connection, an outside profiled sheet portion of one of the profiled sheets assumes an angle with an adjoining outside profiled sheet portion of the other of the profiled sheets of between 45 degrees and 135 degrees (as taught by Kia, fig. 4, for instance, see the vertically extending portion of 5 at the top left forming an angle with the horizontally extending portion of 4 at the top of about 90 degrees, the outward facing surfaces and thus considered “outside”).
Regarding claim 11, Anderson as modified further discloses wherein one of the profiled sheets has subportions which are defined by bending axes (as taught by Kia, such as the portion of 5 extending vertically on the left side, the horizontally extending portion, and the portion extending vertically downward on the right side), subportion forms an underside of the carrier profile (such as the horizontally extending portion) and subportion (the width of 5 at the portion extending vertically downward on the right side, in the area of numeral 7) has a width less than a maximum cross-sectional width of the hollow profile (as shown in fig. 4, which is less than the overall maximum width which further includes the width of element 4 on the right side).
Regarding claim 15, Anderson as modified discloses a concrete pump having a frame of claim 1 (see the rejection of claim 1 above), comprising a concrete pumping device (30) and a concrete-distribution boom (12) which are connected to the frame in the force-absorption region (fig. 1, the frame is at least operatively connected to the pumping device and distribution boom and the force-absorption region is part of the frame.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kia in view of DiCesare (U.S. 7,275,296).
Kia discloses a method for producing a carrier profile, comprising the following steps: providing two sheets (4, 5), bends that are bent along a bending axis (see fig. 4 showing two bends for each sheet), each sheet comprising longitudinally extending portions forming an angle between 45 and 135 degrees (the bends forming an angle of 90 degrees with both horizontally and vertically extending portions), assembling the sheets to form a hollow profile having a cross-sectional width (from the outward facing surface on the left end of 5 to the outward facing surface on the right end of 4) and a cross-sectional height (from the outward facing surface on the bottom end of 5 to the outward facing surface on the top end of 4), connecting the profiled sheets by welding along two connection lines (along 6 and 7, see also pg. 2 of the machine translation, the last two lines of the paragraph beginning with “As shown” describing the welds), wherein the connection lines are diagonally opposite one another in an imaginary rectangle formed by the cross-sectional width and the cross-sectional height of the hollow profile (see fig. 4, notice how 6 and 7 are diagonally opposite each other), and in the region of the connection lines, longitudinal edges of at least one profiled sheet abut against corresponding opposing surface regions of the respective other profiled sheet such that load is transferred from one profiled sheet into the other (see the points of contact of sheets 4 and 5 at the area of 6 and 7, for instance, sheet 5 has edge surfaces at the top left and lower right that contact surfaces of 4, these points of contact are considered edges as the term “edge” is broad and interpreted to mean the outer or furthest point of something or place or part farthest away from the center, the portions at the area of 6 and 7 are the farthest away from the center of the structure in the cross-sectional view shown; additionally and/or alternatively, notice the topmost surface of 5 at the top left portion facing upward which abuts against 4 at the area of 6 and a similar location at the bottom right of 5 in the area of 7).
Kia does not appear to disclose the sheets being metal, producing at least one fastening hole in at least one of the sheets, after said producing at least one fastening hole, or bending each of the sheets along the bending axis to produce the two profiled sheets.
DiCesare teaches it was known in the art to get bends in sheet metal for a frame by bending (col. 2, ll. 42-47) and also producing fastening holes (see apertures 46 and 48).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kia by having the bends be formed by bending sheet metal and also having fastening hole(s) formed as taught by DiCesare as Kia is silent as to the means of forming the bends and bending sheet metal to achieve the bends is a relatively fast and inexpensive means to get bends in sheet metal and the providing of apertures allows for various components to be attached such as the cross-members (3) shown in Kia.
It is further noted that the steps of producing the holes and bending of the sheet metal can be arranged in any particular order/sequence without affecting the method of production and final product and thus it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the producing of the hole and the bending occur in any sequence, including the bending after producing the hole, in order to achieve the same desired product but allows for an easier bending after the holes are already formed rather than producing the holes in an already bent sheet metal member that can be more cumbersome and time consuming.
Regarding claim 17, Kia as modified further discloses wherein the at least one fastening hole is positioned to form a passage to an inner region of the hollow profile after the profiled sheets have been assembled (see the teaching by DiCesare above).
Claim(s) 16-17 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kerr in view of DiCesare.
Kerr discloses a method for producing a carrier profile (primarily shown in figs. 8-9), comprising the following steps: providing two sheets (such as 23 and 35 on the right in fig. 9 forming one sheet and 24 and 35 on the left forming another sheet), producing at least one fastening hole in at least one of the metal sheets (the openings for fasteners 37 in fig. 8, the openings for 25c in fig. 9, see also the openings near A-A in fig. 8, labeled 22 in fig. 7), bends that are bent along a bending axis (see the bends at each of the four corners), each sheet comprising longitudinally extending portions forming an angle between 45 and 135 degrees (the bends forming an angle of 90 degrees with both horizontally and vertically extending portions), assembling the sheets to form a hollow profile having a cross-sectional width and a cross-sectional height (forming the overall rectangular shape as shown in fig. 9), connecting the profiled sheets by welding along two connection lines (see para. 103 describing welding as being used for the overlap joints 30 and 31), wherein the connection lines are diagonally opposite one another in an imaginary rectangle formed by the cross-sectional width and the cross-sectional height of the hollow profile (at the top left corner and bottom right corner or the top right corner and bottom left corner), and in the region of the connection lines, longitudinal edges of at least one profiled sheet abut against corresponding opposing surface regions of the respective other profiled sheet such that load is transferred from one profiled sheet into the other (see fig. 9, the overlapping portions at each corner which are edges as the term “edge” is broad and interpreted to mean the outer or furthest point of something or place or part farthest away from the center, additionally and/or alternatively see the top portions of 30 that abut against 23 at the area of 32/38 in fig. 9).
While Kerr discloses at least some of the components being made of metal (para. 103, para. 115), Kerr does not appear to explicitly disclose the sheets being metal, producing the least one fastening hole in at least one of the sheets after said producing at least one fastening hole, or bending each of the sheets along the bending axis to produce the two profiled sheets.
DiCesare teaches it was known in the art to get bends in sheet metal for a frame by bending (col. 2, ll. 42-47) and also producing fastening holes (see apertures 46 and 48).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kerr by having the bends be formed by bending sheet metal as taught by DiCesare as Kerr is silent as to the means of forming the bends and bending sheet metal to achieve the bends is a relatively fast and inexpensive means to get bends in sheet metal.
It is further noted that the steps of producing the holes and bending of the sheet metal can be arranged in any particular order/sequence without affecting the method of production and final product and thus it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the producing of the hole and the bending occur in any sequence, including the bending after producing the hole, in order to achieve the same desired product but allows for an easier bending after the holes are already formed rather than producing the holes in an already bent sheet metal member that can be more cumbersome and time consuming.
Regarding claim 17, Kerr as modified further discloses wherein the at least one fastening hole is positioned to form a passage to an inner region of the hollow profile after the profiled sheets have been assembled (the openings for fasteners 37 in fig. 8, the openings for 25c in fig. 9, see also the openings near A-A in fig. 8, labeled 22 in fig. 7).
Regarding claim 23, Kerr as modified further discloses wherein one profiled sheet comprises an overhang which projects beyond the connection line along a length of the carrier profile (see the overhangs at 38).
Regarding claim 24, Kerr as modified further discloses wherein the profiled sheets are joined by a continuous weld extending along the connection lines (see para. 103 describing welding as being used for the overlap joints 30 and 31).
Allowable Subject Matter
Claims 22 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: it is not seen to be obvious to modify Kerr as the frame of Kerr at the point of the overhang is a generally weaker area as compared to the rest of the structure.
Response to Arguments
Applicant's arguments filed 4/29/2026 have been fully considered but they are not persuasive.
On pages 7-8, the applicant first argues that Kia is not concerned with a beam profile that has longitudinal edges of the bent parts arranged to bear against corresponding opposing surface regions in a force transmitting manner and the profile arrangement is not secured against relative displacement. However, the applicant’s amended language reciting the load transfer aspects is functional language and/or intended use. The structure of Kia is the same as that claimed by the applicant and thus is seen to meet this limitation with respect to the functional and/or intended use language. Further, the structure of Kerr is the same as that claimed by the applicant as well.
Applicant’s arguments on page 8 with respect to the welding have been noted. However, Kia and Kerr disclose the welding and the claims are not specific as to the type of welding process being used.
For at least the above reasons, applicant’s arguments have not been found persuasive.
Applicant’s amendment has necessitated further search and/or consideration and/or revision of the rejection and, as such, this action is Final.
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 MICHAEL R REID whose telephone number is (313)446-4859. The examiner can normally be reached on Monday-Friday 9am-5pm 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 supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607, or Ken Rinehart can be reached at 571-272-4881. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/MICHAEL R REID/ Primary Examiner, Art Unit 3753
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