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 § 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.
Claim 17 is 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.
In lines 13-14 of claim 17, the limitation “an impact absorbing body configuring the door lining” is confusing and unclear. It is believed this limitation is meant to recite the position of the impact absorbing body on the door lining. Examiner interprets this limitation as “an impact absorbing body positioned on the door lining” when applying prior art.
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 1-4, 6-7, 10-11, 13-14, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nonaka et al. (WO 2019/026967).
Examiner Note: References to disclosure of Nonaka et al. are taken from provided English translation.
Regarding claim 1, Nonaka et al. disclose a vehicle door 1 provided in a vehicle and comprising: a door panel 2 serving as a base plate of the vehicle door 1 (see Figure 2; Paragraph 110); and a door lining 3 attached to a vehicle inside of the door panel 2 (see Figure 2; Paragraph 110), wherein the door panel 2 has an inner panel 4 disposed on the vehicle inside of the door panel 2 and a reinforcement member 7 attached to a side surface of the inner panel 4 on a vehicle outside (see Figure 2; Paragraph 111), formed so as to protrude to the vehicle outside, and having a U-shaped cross section (see Figure 2; Paragraph 111), the door lining 3 has an impact absorbing body 30 formed so as to become narrow in a stepwise manner toward the inner panel 4 (see Figure 2; Paragraphs 118-121), the reinforcement member 7 has a panel attachment portion 49 attached to the side surface of the inner panel 4 on the vehicle outside (see Figure 2; Paragraph 136), the panel attachment portion 49 is disposed at a position overlapping an outside end portion 36 of the impact absorbing body 30 on the vehicle outside in an up to down direction (see Figures 2-3; Paragraph 136), and a middle portion of the reinforcement member 7 in the up to down direction is disposed at a position below an upper end of the outside end portion 36 of the impact absorbing body 30 (see Figure 2; Paragraphs 136-137).
Regarding claim 2, Nonaka et al. disclose the vehicle door 1 according to claim 1, wherein the outside end portion 36 of the impact absorbing body 30 is provided at a position facing the inner panel 4 and disposed along the inner panel 4 (see Figure 2; Paragraph 136), the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 below), the upper panel attachment portion is disposed between the upper end and a lower end of the outside end portion 36 of the impact absorbing body 30 in the up to down direction, and the lower panel attachment portion is disposed at a position below the lower end of the outside end portion 36 of the impact absorbing body 30 (see annotated Figure 2 below; Paragraph 136).
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Regarding claim 3, Nonaka et al. disclose the vehicle door 1 according to claim 1, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion, and the lower panel attachment portion is disposed at a position overlapping a lower end 46 of an inside end portion 41 of the impact absorbing body 30 on the vehicle inside in the up to down direction (see Figure 4 and annotated Figure 2 above; Paragraph 136).
Regarding claim 4, Nonaka et al. disclose a vehicle, comprising: the vehicle door 1 according to claim 1; and a vehicle seat 60 provided in the vehicle, wherein the vehicle seat 60 has a seat cushion 63 supporting a seated occupant 100 from below, and a protruding end portion of the reinforcement member 7 on the vehicle outside is disposed at a position above an upper end of the seat cushion 63 (see Figure 2; Paragraph 139).
Regarding claim 6, Nonaka et al. disclose a vehicle, comprising: a vehicle door 1 provided in the vehicle; and a vehicle seat 60 provided in the vehicle (see Figure 2; Paragraph 139), wherein the vehicle door 1 includes a door panel 2 serving as a base plate of the vehicle door 1 and a door lining 3 attached to a vehicle inside of the door panel 2 (see Figure 2; Paragraph 110), the vehicle seat 60 includes a seat cushion 63 supporting a seated occupant 100 from below (see Figure 2; Paragraph 139), the door panel 2 has an inner panel 4 disposed on the vehicle inside of the door panel 2 and a reinforcement member 7 attached to a side surface of the inner panel 4 on a vehicle outside and formed so as to protrude to the vehicle outside (see Figure 2; Paragraph 110-111), the door lining 3 has an impact absorbing body 30 formed so as to become narrow in a stepwise manner toward the inner panel 4 (see Figure 2; Paragraph 118-121), an outer end portion 47 of the impact absorbing body on the vehicle outside is disposed at a position above an upper end of the seat cushion 63 (see Figure 2; Paragraph 139), the reinforcement member 7 has a panel attachment portion 49 attached to the side surface of the inner panel 4 on the vehicle outside (see Figure 2; Paragraph 136), and the panel attachment portion 49 is disposed at a position overlapping an outside end portion 36 of the impact absorbing body on the vehicle outside in an up to down direction (see Figure 2; Paragraphs 136-137).
Regarding claim 7, Nonaka et al. disclose the vehicle according to claim 6, wherein the reinforcement member 7 has a U-shaped cross section (see Figure 2; Paragraph 111), and a middle portion of the reinforcement member 7 in the up to down direction is disposed at a position above the upper end of the seat cushion 63 (see Figure 2; Paragraph 139).
Regarding claim 10, Nonaka et al. disclose the vehicle according to claim 6, wherein the outer end portion 47 of the impact absorbing body 30 is provided at a position facing the inner panel 4 and disposed along the inner panel 4 (see Figures 2 and 4; Paragraph 131-136), the reinforcement member 7 has a U-shaped cross section (see Figure 2; Paragraph 111), the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), the upper panel attachment portion is disposed between an upper end and a lower end of the outside end portion 36 of the impact absorbing body 30 in the up to down direction, and the lower panel attachment portion is disposed at a position below the lower end of the outside end portion of the impact absorbing body (see annotated Figure 2 above; Paragraph 136).
Regarding claim 11, Nonaka et al. disclose the vehicle according to claim 7, wherein the outer end portion 47 of the impact absorbing body 30 is provided at a position facing the inner panel 4 and disposed along the inner panel 4 (see Figures 2 and 4; Paragraph 131-136), the reinforcement member 7 has a U-shaped cross section (see Figure 2; Paragraph 111), the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), the upper panel attachment portion is disposed between an upper end and a lower end of the outside end portion 36 of the impact absorbing body 30 in the up to down direction, and the lower panel attachment portion is disposed at a position below the lower end of the outside end portion of the impact absorbing body (see annotated Figure 2 below; Paragraph 136).
Regarding claim 13, Nonaka et al. disclose the vehicle according to claim 6, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), and the lower panel attachment portion is disposed at a position overlapping a lower end 46 of an inside end portion 41 of the impact absorbing body on the vehicle inside in the up to down direction (see Figure 4 and annotated Figure 2 above; Paragraph 136).
Regarding claim 14, Nonaka et al. disclose the vehicle according to claim 7, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), and the lower panel attachment portion is disposed at a position overlapping a lower end 46 of an inside end portion 41 of the impact absorbing body on the vehicle inside in the up to down direction (see Figure 4 and annotated Figure 2 above; Paragraph 136).
Regarding claim 16, Nonaka et al. disclose the vehicle according to claim 10, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), and the lower panel attachment portion is disposed at a position overlapping a lower end 46 of an inside end portion 41 of the impact absorbing body on the vehicle inside in the up to down direction (see Figure 4 and annotated Figure 2 above; Paragraph 136).
Regarding claim 17, Nonaka et al. disclose a method for manufacturing a vehicle including a vehicle door 1 and a vehicle seat 60, the vehicle door having a door panel 2 serving as a base plate of the vehicle door 1 and a door lining 3 attached to a vehicle inside of the door panel 2 (see Figure 2; Paragraph 110), and the vehicle seat 60 having a seat cushion 63 supporting a seated occupant 100 from below (see Figure 2; Paragraph 139), the method, comprising: disposing an inner panel 4 configuring the door panel 2 on the vehicle inside of the door panel 2 (see Figure 2; Paragraph 110); attaching a panel attachment portion 49 of a reinforcement member 7 to a side surface of the inner panel 4 on a vehicle outside and disposing the reinforcement member 7 so as to protrude to the vehicle outside (see Figure 2; Paragraph 111); causing an impact absorbing body 30 positioned on the door lining 3 to protrude so as to become narrow in a stepwise manner toward the inner panel 4 (see Figure 2; Paragraph 118-121) and attaching the impact absorbing body 30 such that an outside end portion 36 of the impact absorbing body 30 on the vehicle outside overlaps the panel attachment portion 49 in an up to down direction (see Figure 2; Paragraph 136-137); and attaching the seat cushion 63 such that an outer end portion 47 of the impact absorbing body 30 on the vehicle outside is disposed at a position above an upper end of the seat cushion 63 (see Figure 2; Paragraph 139).
Claim Rejections - 35 USC § 103
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 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.
Claims 5, 8-9, 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nonaka et al. in view of Huttsell et al. (US Pat 7,341,277).
Regarding claim 5, Nonaka et al. disclose the vehicle according to claim 4, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see Figure 2; Paragraph 136), an upper end of the upper panel attachment portion is disposed at a position below the upper end of the outside end portion 36 of the impact absorbing body 30 (see Figure 2; Paragraph 137).
Nonaka et al. fail to disclose a lower end of the lower panel attachment portion is disposed at a position above the upper end of the seat cushion.
Huttsell et al. disclose a vehicle door 100 provided in a vehicle; wherein the vehicle door includes a door panel serving as a base plate of the vehicle door and a door lining 120 attached to a vehicle inside of the door panel (see Figure 1; Col. 4, lines 13-21), the door panel has an inner panel 108 disposed on the vehicle inside 104 of the door panel and a reinforcement member 116 attached to a panel 106 on a vehicle outside and formed so as to protrude to the vehicle outside (see Figure 1; Col. 4, lines 1-5, 31-39), the door lining 120 has an impact absorbing body 122 formed so as to become narrow toward the inner panel 108, an outer end portion of the impact absorbing body 122 on the vehicle outside is disposed at a position proximate an arm of a seat occupant 150 (see Figure 1; Paragraph 13-30), the reinforcement member 116 has a panel attachment portion 130 attached to the side surface of the panel 106 on the vehicle outside, and the panel attachment portion 130 is disposed at a position overlapping an outside end portion of the impact absorbing body 122 on the vehicle outside in an up to down direction (see Figures 1 and 7; Col. 4, lines 40-60).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to position a lower end of the lower panel attachment portion at a position above the upper end of the seat cushion of Nonaka et al., with a reasonable expectation of success, to protect the vehicle occupant from impact that occurs against an upper reinforcement member, as taught by Huttsell et al., while maintaining a secure attachment of the reinforcement member.
Regarding claim 8, Nonaka et al. disclose the vehicle according to claim 6, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above; Paragraph 136), an upper end of the upper panel attachment portion is disposed at a position below an upper end 35 of the outside end portion 36 of the impact absorbing body 30 (see Figure 2; Paragraph 137),
Nonaka et al. fail to disclose a lower end of the lower panel attachment portion is disposed at a position above the upper end of the seat cushion.
Huttsell et al. disclose a vehicle door 100 provided in a vehicle; wherein the vehicle door includes a door panel serving as a base plate of the vehicle door and a door lining 120 attached to a vehicle inside of the door panel (see Figure 1; Col. 4, lines 13-21), the door panel has an inner panel 108 disposed on the vehicle inside 104 of the door panel and a reinforcement member 116 attached to a panel 106 on a vehicle outside and formed so as to protrude to the vehicle outside (see Figure 1; Col. 4, lines 1-5, 31-39), the door lining 120 has an impact absorbing body 122 formed so as to become narrow toward the inner panel 108, an outer end portion of the impact absorbing body 122 on the vehicle outside is disposed at a position proximate an arm of a seat occupant 150 (see Figure 1; Paragraph 13-30), the reinforcement member 116 has a panel attachment portion 130 attached to the side surface of the panel 106 on the vehicle outside, and the panel attachment portion 130 is disposed at a position overlapping an outside end portion of the impact absorbing body 122 on the vehicle outside in an up to down direction (see Figures 1 and 7; Col. 4, lines 40-60).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to position a lower end of the lower panel attachment portion at a position above the upper end of the seat cushion of Nonaka et al., with a reasonable expectation of success, to protect the vehicle occupant from impact that occurs against an upper reinforcement member, as taught by Huttsell et al., while maintaining a secure attachment of the reinforcement member.
Regarding claim 9, Nonaka et al. disclose the vehicle according to claim 7, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above; Paragraph 136), an upper end of the upper panel attachment portion is disposed at a position below an upper end 35 of the outside end portion 36 of the impact absorbing body 30 (see Figure 2; Paragraph 137),
Nonaka et al. fail to disclose a lower end of the lower panel attachment portion is disposed at a position above the upper end of the seat cushion.
Huttsell et al. disclose a vehicle door 100 provided in a vehicle; wherein the vehicle door includes a door panel serving as a base plate of the vehicle door and a door lining 120 attached to a vehicle inside of the door panel (see Figure 1; Col. 4, lines 13-21), the door panel has an inner panel 108 disposed on the vehicle inside 104 of the door panel and a reinforcement member 116 attached to a panel 106 on a vehicle outside and formed so as to protrude to the vehicle outside (see Figure 1; Col. 4, lines 1-5, 31-39), the door lining 120 has an impact absorbing body 122 formed so as to become narrow toward the inner panel 108, an outer end portion of the impact absorbing body 122 on the vehicle outside is disposed at a position proximate an arm of a seat occupant 150 (see Figure 1; Paragraph 13-30), the reinforcement member 116 has a panel attachment portion 130 attached to the side surface of the panel 106 on the vehicle outside, and the panel attachment portion 130 is disposed at a position overlapping an outside end portion of the impact absorbing body 122 on the vehicle outside in an up to down direction (see Figures 1 and 7; Col. 4, lines 40-60).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to position a lower end of the lower panel attachment portion at a position above the upper end of the seat cushion of Nonaka et al., with a reasonable expectation of success, to protect the vehicle occupant from impact that occurs against an upper reinforcement member, as taught by Huttsell et al., while maintaining a secure attachment of the reinforcement member.
Regarding claim 12, Nonaka et al., as modified by Huttsell et al., disclose the vehicle according to claim 8, wherein the outer end portion 47 of the impact absorbing body 30 is provided at a position facing the inner panel 4 and disposed along the inner panel 4 (see Figures 2 and 4; Paragraph 131-136), the reinforcement member 7 has a U-shaped cross section (see Figure 2; Paragraph 111), the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), the upper panel attachment portion is disposed between an upper end and a lower end of the outside end portion 36 of the impact absorbing body 30 in the up to down direction, and the lower panel attachment portion is disposed at a position below the lower end of the outside end portion of the impact absorbing body (see annotated Figure 2 below; Paragraph 136).
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Regarding claim 15, Nonaka et al., as modified by Huttsell et al., disclose the vehicle according to claim 8, wherein the panel attachment portion 49 has an upper panel attachment portion and a lower panel attachment portion disposed at a position below the upper panel attachment portion (see annotated Figure 2 above), and the lower panel attachment portion is disposed at a position overlapping a lower end 46 of an inside end portion 41 of the impact absorbing body on the vehicle inside in the up to down direction (see Figure 4 and annotated Figure 2 above; Paragraph 136).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tamada (US Pat 10,006,515) disclose an impact absorbing body for use in a vehicle door having a stepwise narrowing shape. Sakuma (US Pat 10,625,583) disclose a vehicle door having an impact absorbing body disposed on an inner panel. Steinbrecher et al. (US Pat 9,259,995) disclose a vehicle door having an inner panel on which an impact absorbing body is positioned that narrows in a stepwise manner. Nonaka et al. (JP 2017170967) disclose an impact absorbing body that narrows in a stepwise manner and is mounted on a vehicle door lining. Wolff et al. (US Pat 8,827,354) disclose a vehicle door having a door lining and an impact absorbing body that narrows toward a vehicle outside. Onda et al. (US Pat 8,740,287) disclose a passenger protection device for a vehicle door having an impact absorbing body, a vehicle seat with a seat cushion, and a reinforcement member. Kim et al. (KR 101189906) disclose a vehicle door having an inner panel and a door lining on which an impact absorbing body is disposed. Spingler (US Pat 7,766,386) discloses an impact absorbing body for a vehicle that narrows in a stepwise manner. Tilli et al. (US Pat 7,237,825) disclose a vehicle door having a door lining with an impact absorbing body that narrows in a stepwise manner toward a vehicle outside. Fukutomi (US Pat 6,688,671) discloses a vehicle door having a door panel, a door lining, a reinforcement member, and an impact absorbing body. Kim (US Pat 6,364,398) discloses a vehicle door having an impact absorbing body and a reinforcement member. Kim (KR 200148108) discloses a vehicle door having an inner panel, an outer panel, a door lining, a reinforcement member, and an impact absorbing member. Yamada et al. (US Pat 5,749,600) disclose a vehicle door having a door lining on which an impact absorbing body is disposed and an inner panel on which a reinforcement member is disposed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612