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 of Species 7, Figure 5B, in the reply filed on 10/24/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). However, upon search and/or consideration of the claims being examined, the examiner has WITHDRAWN THE SPECIES RESTIRCTION REQUIREMENT set forth on 10/24/25. Specifically, after searching the elected species, the examiner has noted that the other species appear to be compassed by the search for Species 7. Therefore, the restriction requirement has been WITHDRAWN.
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 3, 4, 7 and 10-16 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 3 recites “an edge portion of a second through hole which is the through hole…” However, this is confusing and leaves the claim indefinite and unclear. Specifically, the term “second” appears to imply the existence of two holes. However, the claim stating “second through hole which is the through hole” then appears to imply that only one hole exists? For purposes of examination, the examiner assumes that the phrase “an edge portion of a second through hole which is the through hole…” is meant to recite “an edge portion of
Claim 4 recites the limitation "the same direction" in Line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites “sheet set constituting the joint member.” However, the term “set” implies multiple different elements. Therefore, it is indefinite and unclear as to how the “set sheet” relates to the other elements of the invention being claimed, such as the “first metal sheet” and the “target material”? I.e., are the “first metal sheet” and the “target material” part of the “sheet set” or is some other element part of the “sheet set” other than just the “joint member”?
Claim 10, Lines 1-2 recite “a protruding portion of the joint member…” However, it is indefinite an unclear as to how the “a protruding portion of the joint member…” of claim 10 relates to the “a protruding portion of the joint member…” as recited in lines 1-2 of claim 9? I.e., are they the same or different claim elements? Clarification is required.
Claim 13, Lines 1-2 recite “a protruding portion of the joint member…” However, it is indefinite an unclear as to how the “a protruding portion of the joint member…” of claim 13 relates to the “a protruding portion of the joint member…” as recited in lines 1-2 of claim 12? I.e., are they the same or different claim elements? Clarification is required.
Claim 16, Lines 1-2 recite “a protruding portion of the joint member…” However, it is indefinite an unclear as to how the “a protruding portion of the joint member…” of claim 16 relates to the “a protruding portion of the joint member…” as recited in lines 1-2 of claim 15? I.e., are they the same or different claim elements? Clarification is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2003260964 (Tarusawa).
Regarding Claims 1, 2 and 5, Tarusawa teaches: Claim 1 - a joint structure comprising: a first metal sheet (11) on which a cylindrical first rising portion (12a) is formed; at least one target material (22) in which a through hole (24) into which the first rising portion (12a) is inserted is formed and which is joined to the first metal sheet (11); and a joint member (104) which is inserted into the first rising portion (12a) and joins the first metal sheet (11) and the target material (22) which are superimposed on each other to each other, wherein the joint member (104) has a shaft portion which is inserted inside the first rising portion (12a), and a first surface (AA) which is a surface opposite to a surface (BB) facing the first metal sheet (11) of both surfaces of the target material (22) and a tip end portion (CC) of the first rising portion (12a) are at different positions in an axial direction of the first rising portion (12a), (Figures 1-6 and Annotated Figure 3 Below); Claim 2 - wherein the joint member (104) has a pair of protruding portions (104a and 104b) which are provided at both ends of the shaft portion and protrude radially outward of the shaft portion to join the first metal sheet (11) and the target material (22) to each other, (Figures 1-6 and Annotated Figure 3 Below); Claim 5 – wherein a rising portion (12a) is provided only in the first metal sheet (11), (Figures 1-6 and Annotated Figure 3 Below).
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Claim(s) 1, 2, and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102012003737 (Boscher et al.).
Regarding Claims 1, 2, and 6-9, Boscher et al. teaches: Claim 1 - a joint structure comprising: a first metal sheet (1) on which a cylindrical first rising portion (6) is formed; at least one target material (2) in which a through hole (4) into which the first rising portion (6) is inserted is formed and which is joined to the first metal sheet (1); and a joint member (7) which is inserted into the first rising portion (6) and joins the first metal sheet (1) and the target material (2) which are superimposed on each other to each other, wherein the joint member (7) has a shaft portion which is inserted inside the first rising portion (6), and a first surface which is a surface opposite to a surface facing the first metal sheet (1) of both surfaces of the target material (2) and a tip end portion (6a or 6b) of the first rising portion (6) are at different positions in an axial direction of the first rising portion (6), (Figures 1-6); Claim 2 - wherein the joint member (7) has a pair of protruding portions (AA and BB) which are provided at both ends of the shaft portion (7) and protrude radially outward of the shaft portion (7) to join the first metal sheet (1) and the target material (2) to each other, (Figures 1-6 and Annotated Figure 2 Below); Claim 6 – wherein a space inside the first rising portion (6) has a curved shape which tapers from a base portion of the first rising portion (6) toward a top portion of the first rising portion (6), and the protruding portion (AA) of the joint member (7) arranged on a side of the base portion of the first rising portion (6) has a curved shape along an inner surface of the first rising portion (6), (Figures 1-6 and Annotated Figure 2 Below); Claim 7 - wherein the first rising portion (6) protrudes from a surface of a sheet set constituting the joint member (7) and has a shape which is pressed and expanded along the surface of the sheet set, and the protruding portion of the joint member (7) in contact with the first rising portion (6) fixes the sheet set via the first rising portion (6), (Figures 1-6 and Annotated Figure 2 Below); Claim 8 – wherein the first rising portion (6) protrudes from the first surface of the target material (2), (Figures 1-6 and Annotated Figure 2 Below); Claim 9 – wherein a protruding portion of the joint member (7) which is arranged on a side of the first surface of the target material (2) covers the first rising portion (6) protruding from the first surface of the target material (1), (Figures 1-6 and Annotated Figure 2 Below).
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Claim(s) 1, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2010/0296894 (KANG et al.).
Regarding Claims 1, and 8-10, KANG et al. teaches: Claim 1 - a joint structure comprising: a first metal sheet (20) on which a cylindrical first rising portion (200) is formed; at least one target material (10) in which a through hole into which the first rising portion (200) is inserted is formed and which is joined to the first metal sheet (10); and a joint member (110/120) which is inserted into the first rising portion (200) and joins the first metal sheet (10) and the target material (20) which are superimposed on each other to each other, wherein the joint member (110/120) has a shaft portion (120) which is inserted inside the first rising portion (200), and a first surface which is a surface opposite to a surface facing the first metal sheet (10) of both surfaces of the target material (20) and a tip end portion of the first rising portion (200) are at different positions in an axial direction of the first rising portion (200), (Figures 1-8); Claim 8 – wherein the first rising portion (200) protrudes from the first surface of the target material (20), (Figures 1-8); Claim 9 – wherein a protruding portion of the joint member (110) which is arranged on a side of the first surface of the target material (20) covers the first rising portion (200) protruding from the first surface of the target material (10), (Figures 1-8); Claim 10 - wherein a protruding portion (110) of the joint member (110/120) which is arranged on a side of the first surface of the target material (20) is in contact with the first surface of the target material (20), (Figures 1-8).
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(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over DE 102012003737 (Boscher et al.) in view of JP 2021154375 (Fujimoto et al.).
Regarding Claim 17, Boscher et al. teaches the structure as described above, but does not teach: an adhesive arranged to one or more of mating surfaces of the plurality of metal sheets (Claim 17). However, Fujimoto et al. teaches: Claim 17 – a first sheet (1) and a target material (1) joined by a joint member (12), wherein the sheets (1) are additionally joined by an adhesive (see attached translation) on mating surfaces of the plurality of metal sheets (1), (Figures 1-13). Therefore, it would have been obvious to one of ordinary skill in the art to modify the structure of Boscher et al. to have an adhesive arranged to one or more of mating surfaces of the plurality of metal sheets (Claim 17) as taught by Fujimoto et al. for the purposes of creating a stronger connection between the first sheet and the target material of Boscher et al.
Allowable Subject Matter
Claims 3, 4, and 11-16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JOSHUA E RODDEN/Primary Examiner, Art Unit 3642