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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 August 2026 has been entered.
RESPONSE TO AMENDMENT
Claims 1-6 and 8-15 are pending in the application, claims 8-12 withdrawn from consideration. Claim 7 has been cancelled. Claims 14 and 15 have been added.
Amendments to the claims 1, 4, 5, 8, and 12, filed on 18 August 2026, have been entered in the above-identified application.
Answers to Applicants' Arguments
Applicants' arguments in the response filed 18 August 2026, regarding the 35 U.S.C. §103 rejections made of record, have been fully considered but are deemed unpersuasive.
Applicants argue that there is no motivation to combine the undercut attachment of Keller with the hybrid component of Birkenstock, because Birkenstock requires an adhesion-promotor-based connection via an adhesion promotor disposed between the plastic support and sheet metal. The examiner respectfully disagrees. In the instant case, the adhesion promotor layer is not required to be coextensive (i.e., does not preclude the formation of additional undercuts of Keller), and a person of skill in the art would have been motivated to combine the undercut bonds for joining at isolated locations so as to prevent relative movement and increase bond strength between the materials ([0006] of Keller).
Furthermore, applicants argue that the undercuts of Keller are not in the microscale but in the macroscale. The examiner respectfully disagrees. While Keller does not explicitly recite the size scaling of the undercuts, a person having ordinary skill in the art could have interpreted at least a portion of the corners of the undercuts to be in the "micro-scale" domain as claimed. Additionally, Birkenstock discloses that the sheet metal has a thickness of from 0.2 to 1 mm (200 µm to 1000 µm), preferably 0.5 to 0.6 mm (500 µm to 600 µm); wherein base on the undercuts disclosed by Keller, would result in undercuts having sizes in the nano-scale to micro-scale size, which would at least overlap the claimed "micro-scale" size claimed.
Therefore, in light of the applicants arguments, the examiner contends that the rejections are still valid.
Priority
Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in Europe on 28 June 2021. It is noted, however, that applicants have not filed a certified copy of the WO2023/274490 application as required by 37 CFR 1.55.
New and Repeated Rejections
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 Rejections - 35 USC § 103
Claims 1, 2, 6, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Birkenstock (DE 102005032421 A1) in view of Keller et al. (DE 102015225955 A1) and Fischer et al. (US 2018/0117998 A1).
Regarding Claim 1: Birkenstock discloses a decorative trim piece, for use as an automotive part, consisting of a metal-plastic composite body, the metal-plastic composite body comprising a metal sheet part, preferably of an aluminum alloy, that forms a decorative area on a surface thereof, and a plastic support part, wherein the plastic support part is affixed to the metal sheet part with the assistance of an adhesion promoter, and wherein the decorative area is treated to have a glossy or colored surface ([0001], [0009]-[0013], [0015], [0021], and [0022] of Birkenstock). (In the instant case, the glossy or colored surface of the decorative area is considered to meet the claimed --color coating pattern generating a dedicated aesthetic design appeal--, since it provides the area with a number of desirable aesthetic features (e.g., embossed letters, debossed letters, colors) ([0015] of Birkenstock).) Specifically, Birkenstock provides for --a hybrid component for automotive applications, the hybrid component comprising: a sheet metal component; and at least one plastic support component connected to the sheet metal component; wherein a decor section of the sheet metal component includes a colour coating pattern--.
Birkenstock fails to disclose --a sheet metal component containing local micro-structuring in the form of undercuts; and at least one plastic support component positively connected to the sheet metal component; wherein form-locking micro-connections are formed between the plastic support component and the sheet metal component--.
Keller discloses a hybrid component comprising a first workpiece consisting of a first material (e.g., steel sheet) having raised sections that form undercuts, and a second material (e.g., plastic) applied in a form-fitting manner such that, with the help of the undercuts, create a positive connection (figures 1A to 2E, [0001], [0005], [0006], [0008], and [0009] of Keller).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have combined the hybrid component of Keller with the hybrid component disclosed by Birkenstock in order to have --a sheet metal component containing local micro-structuring in the form of undercuts; and at least one plastic support component positively connected to the sheet metal component; wherein form-locking micro-connections are formed between the plastic support component and the sheet metal component--. One of ordinary skill in the art would have been motivated to have combined the hybrid component of Keller with the hybrid component disclosed by Birkenstock, from the stand-point of creating high bond strength between the materials of the hybrid component in a form-fitting manner that prevents any relative movement between the two materials ([0004] and [0006] of Keller). (In the instant case, since Birkenstock discloses that the sheet metal has a thickness of 0.2 to 1 mm ([0016] of Birkenstock), the undercuts formed by Keller would necessarily be smaller than the thickness (i.e., would be in the microscale). As such, the undercuts would form micro-connections as claimed.)
Birkenstock in view of Keller fail to disclose that --the at least one plastic support component includes a stiffening structure and mounting elements positioned on the stiffening structure--.
Fischer discloses a module carrier for a door module of a motor vehicle door comprising a module carrier (ref. #1), where on the oppositely situated inner side of the module carrier, is a molded-on plastics material that forms respective fastening points (ref. #10a, #10b, or #10c) with screw bosses, which simultaneously transition into support and stiffening structures (ref. #11) with multiple ribs ([0013], [0075], and [0097] of Fischer).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have combined the fastening points disclosed by Fischer with the hybrid component disclosed by Birkenstock in view of Keller in order to have --the at least one plastic support component includes a stiffening structure and mounting elements positioned on the stiffening structure--. One of ordinary skill in the art would have combined the fastening points disclosed by Fischer with the hybrid component disclosed by Birkenstock in view of Keller, from the stand-point of having a means for fixing the module carrier in the plastic material ([0014] and [0097] of Fischer).
Regarding Claim 2: Birkenstock in view of Keller and Fischer discloses that the decor section includes an anodised layer, wherein the color coating pattern is enclosed in the anodised layer ([0015], [0021], and [0022] of Birkenstock). (In the instant case, Birkenstock discloses forming a colored oxide layer which is then subjected to a protective surface coating ([0022] of Birkenstock), which would involve the application of an anodised layer on the colour coating as claimed.)
Regarding Claim 6: Birkenstock in view of Keller and Fischer discloses that the sheet metal component includes an aluminum alloy ([0012] of Birkenstock).
Regarding Claim 13: Birkenstock in view of Keller and Fischer discloses the claimed hybrid component. The claimed limitation of --the undercuts are formed by chemical etching or laser patterning-- is a "product-by-process" limitation, wherein only the structure implied by the process steps are considered and any distinctive structural characteristics imparted by the process steps. See MPEP §2113(I). In the instant case, since the process steps of "chemical etching or laser patterning" do not impart any distinctive structural characteristics beyond the teachings of forming the claimed undercuts, and Birkenstock in view of Keller discloses the claimed "sheet metal component containing local micro-structure in the form of undercuts", the limitation is considered taught.
Regarding Claim 14: Birkenstock in view of Keller and Fischer discloses that the mounting elements comprise screw bosses ([0097] of Fischer).
Regarding Claim 15: Birkenstock in view of Keller and Fischer discloses that the stiffening structure is rib-shaped ([0097] of Fischer).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Birkenstock (DE 102005032421 A1) in view of Keller et al. (DE 102015225955 A1) and Fischer et al. (US 2018/0117998 A1) as applied to claim 1 above, and further in view of Muntean (DE 102014201439 A1).
Birkenstock in view of Keller and Fischer is relied upon as described above.
Regarding Claim 3: Birkenstock in view of Keller and Fischer fails to disclose --the decor section is covered by a transparent or translucent protection layer--.
Muntean discloses a vehicle trip part having different surface areas with different optical impressions, wherein a transparent glossy layer is formed on the first and second surface areas which can be form of metal ([0001], [0007]-[0008], and [0010] of Muntean). (In the instant case, while Muntean does not explicitly recite the glossy layer is a protection layer as claimed, in that it covers the underlaying material it can be considered to afford some protection (albeit minor) to the underlying surface, and would therefore be considered equivalent to a "protection layer".)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the shiny layer of Muntean with the hybrid component disclosed by Birkenstock in view of Keller and Fischer in order to have --the decor section be covered by a transparent or translucent protection layer--. One of ordinary skill in the art would have been motivated to have incorporated the shiny layer of Muntean with the hybrid component disclosed by Birkenstock in view of Keller and Fischer , from the stand-point of creating a particularly high-quality impression ([0008] of Muntean).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Birkenstock (DE 102005032421 A1) in view of Keller et al. (DE 102015225955 A1) and Fischer et al. (US 2018/0117998 A1) as applied to claim 1 above, and further in view of Misaras (US 2002/0101738 A1).
Birkenstock in view of Keller and Fischer is relied upon as described above.
Regarding Claim 4: Birkenstock in view of Keller and Fischer fails to disclose --the sheet metal component further includes at least one opening, wherein the opening is a sensor window or allows for backlighting--.
Misaras discloses backlighting for an automotive trim panel, wherein openings are formed through the trim panel to allow light to pass through (figures 1 to 3B and [0001] of Misaras).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the backlighting of Misaras with the sheet metal of the hybrid component disclosed by Birkenstock in view of Keller and Fischer in order to have --the sheet metal component further includes at least one opening, wherein the opening is a sensor window or allows for backlighting--. One of ordinary skill in the art would have been motivated to have incorporated the backlighting of Misaras with the sheet metal of the hybrid component disclosed by Birkenstock in view of Keller and Fischer, from the stand-point of backlighting an automotive trim panel ([0001] of Misaras).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Birkenstock (DE 102005032421 A1) in view of Keller et al. (DE 102015225955 A1) and Fischer et al. (US 2018/0117998 A1) as applied to claim 1 above, and further in view of De Wind et al. (US 2013/0130674 A1).
Birkenstock in view of Keller and Fischer is relied upon as described above.
Regarding Claim 4: Birkenstock in view of Keller and Fischer fails to disclose --the sheet metal component further includes at least one opening, wherein the opening is a sensor window or allows for backlighting--.
De Wind discloses a door handle assembly for a door of a vehicle that includes an illumination module, wherein the handle includes an aperture (ref. #18a) into which is disposed and connected an illumination module (ref. #16), and wherein the illumination module comprises a cover (ref. #26) directly contacting the aperture, and an illumination source (ref. #20) (figures 2 and 3, abstract, [0028], [0030], and [0032] of De Wind).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the Keller and Fischer module of De Wind with the sheet metal of the hybrid component disclosed by Birkenstock in view of Keller in order to have --the sheet metal component further includes at least one opening, wherein the opening is a sensor window or allows for backlighting--. One of ordinary skill in the art would have been motivated to have incorporated the illumination module of De Wind with the sheet metal of the hybrid component disclosed by Birkenstock in view of Keller and Fischer, from the stand-point of providing lighting at or along the exterior of the door handle to enhance viewability ([0006] of De Wind). (In the instant case, De Wind discloses adding illumination to a portion of a vehicle for enhancing viewability, which would be at least an aesthetic design choice to be incorporated into the hybrid component of Birkenstock.)
Regarding Claim 5: Birkenstock in view of Keller, Fischer, and De Wind further discloses a cover pane (ref. #26; "cover") inserted in the opening, and is connected to the sheet metal component and/or to the at least one plastic support component (figures 2 and 3, abstract, [0028], [0030], and [0032] of De Wind).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781
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