DETAILED ACTION
This action is in response to the applicant’s reply filed on March 31, 2026. Claims 1-17 are pending and addressed below.
Response to Amendment
In response to the applicant’s arguments providing further clarification for claim 17, the rejection of claim 17 under 35 USC 112(b) has been withdrawn.
Claim 1 is amended. Claims 1-17 are pending and addressed below.
The new ground of rejection set forth below for claims 1-17 under 35 USC 102 for this particular situation] is necessitated by Applicant’s amendment filed on March 31, 2026. In particular, claim 1 has been amended to include “an adhesion portion joining the outer panel member to the inner member or the resin member”. For these reasons, the present action is properly made final.
Response to Arguments
Applicant's arguments filed March 31, 2026 have been fully considered but they are not persuasive.
Regarding claim 1, the Applicant has argued that the feature of “an adhesion portion joining the outer panel member to the inner member or the resin member” is not disclosed by Iwase et al., US 2016/0339966 (hereinafter Iwase), however the Examiner disagrees with this position. Specifically, the resin layer 9 is an resin adhesive that is located between the outer layer (outer panel 2) and the inner layer (inner panel 3) (see Iwase, par [0077]-[0079]) thereby forming an interface with each of the outer layer (2) and the inner layer (3). This interface between the resin layer and the outer layer 2 can be considered the “adhesive portion” as claimed. As such Iwase clearly discloses the limitations of claim 1.
With respect to the rejection of claim 1 as anticipated by Masuda et al., Japanese Patent Application No., JP 2009-73406 A (hereinafter Masuda), the applicant has argued that because the vehicle body panel disclosed by Masuda is manufactured by compressing the layers while heating them, causing the layers to thermally bond, an adhesion portion is not necessary. However, it is the Examiner’s position that an “adhesion portion” is necessarily the portion where the two layers create an interface and bond or adhere together, and thus the “adhesion portion” does not require an adhesive. As such Masuda clearly discloses the limitations of claim 1.
Regarding claims 2-17, the arguments as presented above with respect to claim 1 are equally applicable to claims 2-17.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5-10, 14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwase et al., US 2016/0339966 (hereinafter Iwase).
Claim 1: Iwase discloses a vehicle panel structure comprising:
a sheet-like outer panel member (outer panel/plate 2) (see Fig 3-4);
an inner member (inner panel/plate 3) disposed to face an inner surface of the outer panel member (2) (as shown in Fig 4, par [0003]); and
an adhesion portion (interface of outer panel/plate 2 and adhesive layer 9, par [0004]) joining the outer panel member (outer panel/plate 2) to the inner member or the resin member (adhesive layer 9) (par [0077]-[0079]),
a resin member (adhesive layer 9) of which a material is a resin (adhesive layer 9, par [0004], [0079]) and which is joined to the inner surface of the outer panel member (as shown in Fig 9), wherein at least part of the inner member (3) is buried in the resin member (9) (as seen in Fig 4, par [0078]).
Claim 2: Iwase discloses wherein the inner member (3) extends along one direction in an in-plane direction of the outer panel member (2) (portion of inner plate 3 and outer plate 2 that are parallel as shown in Figs 2A, 2B, 4, par [0078]).
Claim 3: Iwase discloses wherein a cross-section portion perpendicular to the extending direction of the inner member (shown in Fig 2A, 2B, 4), in which the inner member (3) is entirely buried in the resin member, is provided (a portion of outer panel/plate 3 is entirely embedded in adhesive layer 9 as shown in Fig 4).
Claim 5: Iwase discloses wherein the inner member (3) has a sheet-like main body portion disposed to face the inner surface of the outer panel member (2) (inner panel/plate 3 is sheet like and faces the inner surface of outer panel 2), the main body portion has a protrusion portion (protruding section 3a) protruding toward the outer panel member (2), and a cross-section portion perpendicular to an in-plane direction of the outer panel member (shown in Fig 4), in which a tip end of the protrusion portion is buried in the resin member (9), is provided (tip of protruding section 3a is buried in resin 9 as shown in Fig 4, par [0064]-[0067]).
Claim 6: Iwase discloses wherein a cross-section portion perpendicular to the in-plane direction of the outer panel member (2) (see Fig 4), in which a surface of the protrusion portion (3a) close to the outer panel member (2) is entirely buried in the resin member (9), is provided (Fig 4, par [0064]-[0066]).
Claim 7: Iwase discloses the inner member (3) has a sheet-like main body portion (inner panel/plate 3, par [0003]) disposed to face the inner surface of the outer panel member (2) (as shown in Fig 4),
the main body portion (of inner plate/panel 3) has a projected portion (protruding section 3a) including a peripheral wall portion (portions of 3a which extend toward outer panel as shown by external shapes of the protruding section 3a, in Figs 5A-5G, par [0065]) which stands up toward the outer panel member (“hat shaped” protruding portion 3a is towards outer panel 2 as shown in Fig 4-5G) and a top portion which is bent (“hat shaped” upper portions of protruding portion 3a, see Fig 5a-5G, par [0065]) and extends from an end edge of the peripheral wall portion on an outer panel member side and has an opening portion formed at a center (protruding section 3a is hollow in the middle and opens towards outer panel 2, see Fig 4, par [0065]) and
a cross-section portion perpendicular to an in-plane direction of the outer panel member (3) (as seen in Fig 4), in which at least part of the top portion is buried in the resin member (9), is provided (Fig 4, par [0064]-[0066]).
Claim 8: Iwase discloses wherein a cross-section portion perpendicular to the in-plane direction of the outer panel member (3) (shown Fig 4), in which the top portion (top of 3a) is entirely buried in the resin member (9), is provided (as shown in Fig 4) (Fig 4, par [0064]-[0066]).
Claim 9: Iwase discloses wherein the resin member is a thermosetting resin (thermosetting resin adhesive, par [0004], [0078]).
Claim 10: Iwase discloses wherein the resin member is a thermoplastic resin (thermoplastic resin adhesive, par [0079]).
Claim 14: Iwase discloses wherein an adhesion portion joining the outer panel member (2) and the resin member (9) and an adhesion portion joining the outer panel member (2) and the inner member (3) are made of the same material (as shown by angled hash marks in Fig 4).
Claim 16: Iwase discloses wherein the outer panel member (2) has a sheet thickness of 0.30 m or greater and 0.55 mm or less (the plate thickness of the aluminum alloy plate for the outer panel 2 is generally selected from thicknesses in the range of 0.5 to 3 mm as appropriate, par [0063]).
Claim(s) 1-4 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masuda et al., Japanese Patent Application No., JP 2009-73406 A (hereinafter Masuda) (all citations are the English translation dated 7/13/2023).
Claim 1: Masuda a vehicle panel structure (panel 10A) comprising:
a sheet-like outer panel member (first layer 1);
an inner member (frame members 4) disposed to face an inner surface of the outer panel member (1) (see Fig 4); and
a resin member (second layer 2) of which a material is a resin (second layer 2 contains fibers comprising polylactic acid, par [0011], [0033], which is a thermoplastic resin) and which is joined to the inner surface of the outer panel member (as shown in Fig 4),
an adhesion portion (inface between the first layer 1 and second layer 2) joining the outer panel member (first layer 1) to the inner member or the resin member (second layer 2) (see Fig 4),
wherein at least part of the inner member (4) is buried in the resin member (2) (as shown in Fig 4, par [0033]).
Claim 2: Masuda discloses wherein the inner member (4) extends along one direction in an in-plane direction of the outer panel member (1) (as shown in Fig 4).
Claim 3: Masuda discloses wherein a cross-section portion perpendicular to the extending direction of the inner member (4), in which the inner member (frame member 4) is entirely buried in the resin member (2), is provided (as shown in Fig 4, par [0042]).
Claim 4: Masuda discloses wherein a plurality of the inner members (frame member 4 located in each panel 10A and laid on the roof as panel 10, 10’) are provided, and the plurality of inner members (4) are disposed in parallel to be separated from each other in a direction perpendicular to the one direction in the in-plane direction of the outer panel member (roof is composed of panels 10, 10’ each panel 10A having frame member 4, par [0029], frame members 4 are arranged parallel to each other and separated from each other in a direction perpendicular to the in-plane direction of first layer 1, see Fig 1-3).
Claim 11: Masuda discloses wherein a plurality of the resin members are provided (second layer 2 provided in each panel 10, 10’, 10A), and the plurality of resin members (second layer 2 located in each panel 10, 10’, 10A) are connected to each other along an in-plane direction of the outer panel member (first layer 1) (as shown in Fig 1, 4, par [0027], [0042]).
Claim 12: Masuda discloses wherein the plurality of resin members (2) are connected to each other with an adhesive (second layer 2 contains fibers comprising polylactic acid, par [0011], [0033], which is a thermoplastic resin).
Claim 13: Masuda discloses the plurality of resin members (second layers 2) are connected to each other by engagement (panels are engaged with each other as shown in Fig 1).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwase in view of Nishimura et al., PCT No. WO2021/200860 (hereinafter Nishimura) (all citations are to the English translation dated 11/6/2025).
Claim 15: Iwase is silent as to wherein the outer panel member has a tensile strength of 440 MPa or greater.
Nishimura discloses a vehicle panel including an outer panel (3). The outer panel has a tensile strength of 590 MPa or more (pg 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the tensile strength of the vehicle panel of Iwase to have a tensile strength of greater than 440 MPa as disclosed by Nishimura, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwase.
Claim 17: Iwase is silent as to wherein a part, having a maximum length in a direction perpendicular to an in-plane direction of the outer panel member, of the resin member has a thickness of 3 mm or greater and 60 mm or less.
It would have been an obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify as a matter of design choice to modify the thickness of the resin member to have as a thickness of 3 mm or greater and 60 mm or less, as selecting a given thickness of the resin member would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Conclusion
The disclosure of Ikeda et al., US 2015/0180078 drawn to a resin panel structure is relevant to the claims but was not relied upon in the current rejection.
Claims 1-17 are rejected. No claims are allowed.
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
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