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 § 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.
Claims 1, 2, 4, 5, 7-13, 15-18, 21, and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kochert et al. (US 2008/0217960).
Kochert et al. discloses a device (2) for reinforcing a cavity within a half shells (1,1’), as shown in Figures 1-3. The device (2) has a carrier (2) having a length extending between a first end near direction arrow (A) and a second end near direction arrow (B), as shown in Figure 3. The carrier has one or more longitudinal structures and one or more transverse structures, as shown in Figure 3. A secondary material (13,14,15) is applied to the carrier (2), as shown in Figure 1 and disclosed in paragraph [0032]. The carrier (2) includes one or more rib structures (9) and one or more reinforcement cavities (8,11), as shown in Figure 3.
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The carrier tapers along at least a portion of the length from the first end towards a central portion of the carrier and from the second end towards the central portion of the carrier, as shown in Figure 5. The taper decreases in the width of the carrier, as shown in Figure 5.
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The one or more longitudinal structures comprise a pair of longitudinal walls extending along the length of the carrier and defining a center section between the longitudinal walls, as shown in Figure 3. The one or more rib structures (9) include one or more reinforcing ribs (9) extending between at least one outer edge of the carrier and the at least one of the longitudinal walls, as shown in Figures 3 and 5. The reinforcing ribs (9) are oriented at an angle relative to a longitudinal axis of the carrier, as shown in Figures 3 and 5. The center section includes one or more apertures extending from a first surface of the carrier to an opposing second surface of the carrier, as shown in Figures 3, 5, and 10.
In reference to claim 2, the device (2) is configured to attach to the cavity with one or more mechanical fasteners and the secondary material (13,14,15), as disclosed in paragraphs [0032] and [0033].
In reference to claim 4, the one or more mechanical fasteners are located on the carrier (2), as disclosed in paragraph [0033]. The mechanical fasteners includes clip (21), as shown in Figure 3.
In reference to claim 5, the carrier (2) has one or more attachment portions for accepting the one or more mechanical fasteners, as shown in Figures 3 and 5.
In reference to claim 7, the transverse structure is free from the secondary material (13,14,15), as shown in Figure 3.
In reference to claim 8, the longitudinal walls of the longitudinal structure are coated with secondary material (13,14,15) since flow channels (7,17) surround the longitudinal walls such that the secondary material will coat the longitudinal walls, as shown in Figure 3.
In reference to claim 9, the longitudinal walls of the longitudinal structure are positioned to form one or more channels on the carrier, as shown in Figure 3.
In reference to claim 10, the secondary material (13,14,15) is guided by the one or more channels to a desired location on the device, as disclosed in paragraphs [0032] and [0039].
In reference to claim 11, the carrier has a longitudinal profile, as shown in Figure 5.
In reference to claim 12, the carrier has a slightly curved profile, as shown in Figure 8.
In reference to claim 13, the carrier includes one or more guides (22) for locating the device into the cavity, as shown in Figure 7 and disclosed in paragraph [0040] and [0041].
In reference to claim 15, the longitudinal structure includes longitudinal walls, as shown in Figure 3. One longitudinal wall is connected with a transverse rib, as shown in Figure 3.
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In reference to claim 16, the transverse structure includes a transverse wall. The transverse wall is connected with a longitudinal rib, as shown in Figure 9.
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In reference to claim 17, the one or more longitudinal walls and the transverse wall form a reinforcement cavity, as shown in Figures 2, 3, 5, 6, and 9.
In reference to claim 18, the rib structures (9) includes the longitudinal rib, as discussed above. The longitudinal rib forms a reinforcement cavity, as shown in Figure 9.
In reference to claim 21, the carrier includes one or more holes forming through holes, access holes, and/or an aperture, as shown in Figures 2, 3, 5, 6, and 9. This includes flow holes (11).
In reference to claim 36, one mechanical fasteners (21) extends from the first end, as shown in Figure 3.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kochert et al. (US 2008/0217960) in view of Richardson et al. (US 2010/0117397).
Kochert et al. the device is configured to be slid into the cavity. However, Kochert et al. does not disclose the fasteners are placed through walls of the cavity from an outside into the device.
Richardson et al. teaches connecting a device by fasteners placed through walls of the cavity from an outside into the device, as disclosed in paragraph [0036]. Figure 4 shows a nut on the device. Fasteners are disclosed to attach additional devices like seat belt mechanisms. The fastener inherently has to be placed through the walls of the cavity from an outside into the device since the nut is on the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to fasten the device of Kochert et al. using fasteners placed through walls of the cavity from an outside into the device, as taught by Richardson et al., with a reasonable expectation for success to hold the device in place before activating the adhesive and attaching additional components like a seat belt mechanism.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Kochert et al. (US 2008/0217960) in view of Muteau et al. (US 2006/0008615).
Kochert et al. does not disclose the claimed shape of the aperture.
Muteau et al. teaches forming an opening that has a quadrilateral shape, as shown in Figure 4.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form at least one aperture of Kochert et al. with a quadrilateral shape, as taught by Muteau et al., with a reasonable expectation for success as an obvious design choice that does not alter the function or operation of the aperture.
Allowable Subject Matter
Claim 34 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indicating allowable subject matter of claim 34 is the center section is raised relative to at least a portion of the carrier immediately adjacent to the center section. The center section is defined between the longitudinal walls in claim 1. The closest prior art, Kochert et al., has a center section that is lower than the longitudinal walls so it teaches away from the claim limitation.
Response to Arguments
Applicant’s arguments, see remarks, filed 8/10/2026, with respect to the rejection(s) of claim(s) 1 under Muteau et al. (US 2006/0008615) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kochert et al. (US 2008/0217960).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 August 17, 2026
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