DETAILED ACTION
This action is in response to the applicant’s reply filed on December 29, 2025. Claims 1-13 are now pending and addressed below.
Election/Restriction
Claims 1-4 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 5-12, directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on October 7, 2025 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Response to Amendment
Claims 1 and 3-4 are amended. Claims 5-12 previously withdrawn have been rejoined. Claims 13 is newly added. Claims 1-13 are pending and addressed below.
Response to Arguments
Applicant’s arguments, filed December 29, 2025, with respect to claims 1-4 have been fully considered and are persuasive. The rejections of claims 1-4 has been withdrawn.
Claim Objections
Claim 5 is objected to because of the following informalities: The recitation of “a punch” in lines 3-4 should likely be --the punch--. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: The recitation of “a punch” in lines 3-4 should likely be --the punch--. The recitation of “a separation prevention member” in line 6 should likely be --the separation prevention member--. The recitation of “a surface of the resin” in line 7 should likely be --the surface of the resin--.Appropriate correction is required.
Claim 7 is objected to because of the following informalities: The recitation of “a punch” in line 4 should likely be --the punch--.
Claim 8 is objected to because of the following informalities: The recitation of “a punch” in line 4 should likely be --the punch--.
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 5 and 9-12 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 5: The recitation of “the thickness gradually changing in an axial direction from one end side toward other end side” it is unclear as to which “end side” is being referred to. For the purposes of examination it appears as if “end side” is referring to an end of the tubular member. Appropriate correction and/or clarification is required.
Claims 9-12: The recitation of “a side” is unclear as to which side if being referred to. For example is “the side” an end of the tubular member or is it a side, such as a vertical wall of the tubular member. For the purposes of examination the Examiner has assumed that a side is an end of the tubular member. Appropriate correction and/or clarification is required.
Allowable Subject Matter
Claims 1-4 and 13 are allowed. Claims 6-8 are objected to.
Claims 5 and 9-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The claims are allowable over the closest prior art “herein Higai et al., Japanese Patent No. JP2020-100183A (hereinafter Higai) (all citations are to the English Translation dated 2025)” and “herein Shimoda et al., Japanese Patent No. 07137587 (hereinafter Shimoda) (all citations are to the English Translation dated 9/29/2025)”, for the following reasons:
Higai discloses a crash energy absorption part for an automobile (vehicle collision energy absorbing component 1, pg 2), the crash energy absorption part being provided in a front portion or a rear portion of an automotive body (provided in a front portion or a rear portion of a vehicle body, pg 3) and absorbing crash energy (absorb collision energy) when a crash load is input from a front or a rear of the automotive body (pg 3), the crash energy absorption part (1) comprising:
a top portion (top part 5a);
a tubular member (tubular member 3) including a side wall portion (vertical wall parts 5c) continuous with the top portion via a shoulder part of a punch (punch shoulder R parts 5b) (see Fig 1); and
a resin (resin 9) applied or patched to at least an inner surface of the shoulder part of a punch of the tubular member (3) (Fig 1-2, pg 3),
wherein the resin (resin 9) has a thickness from one end side toward other end side (Fig 1-2, pg 2, 3, 4),
a thickest portion of the thickness is 8 mm or less (pg 2, 3, 4), and
the resin (9) is bonded to the inner surface (inner surface of outer component 5) with an adhesive strength of 10 MPa or more and is axially crushed when the crash load is input (resin 9 is bonded to the outer component 5 with a bonding strength of 10 MPa or more, pg 2, 3, 4).
Higai is silent as to the resin has a thickness gradually changing in an axial direction starting from one end side toward other end side of the tubular member.
Shimoda discloses a bumper support device of a stay body extending in the front-rear direction of the vehicle (par [0004]). Fiber reinforced resin layers (15-18) are bonded to the inner surface of the stay body (10) wherein the resin has a thickness gradually changing (as seen in Fig 1-2, par [0007]-[0008]) in an axial direction (front-rear direction of the vehicle) from one end side toward the other end side (flanges 11, 12) (Fig 1-2, par [0005]-[0006], [0015]).
Shimoda does not disclose the resin having a thickness gradually changing in the axial direction starting at one end side toward the other end side of the tubular member. Specifically, although the fiber resin layer of Shimoda do have a thickness which gradually changes in an axial direction, this gradual change does not start at the one end side of the tubular member. The gradually change in thickness disclosed by Shimoda is centrally located along the axial direction (as shown in Fig 2) and the resin thickness adjacent the end sides of the tubular members is consistent starting at the one end side before gradually changing.
Higai and Shimoda fail to suggest alone, or in combination, the limitations of “the resin has a thickness gradually changing in an axial direction starting from one end side toward other end side of the tubular member” as recited in claim 1.
The Examiner is unaware of prior art which reasonably suggests alone, or is found obvious in combination, the limitations of the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm 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, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676