CTFR 18/411,024 CTFR 82149 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Arguments 07-37 AIA Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. On pages 5-6, Applicant argues that, Matsuda does not teach or suggest "wherein the energy absorption portion and the step portion are included in a single vehicle access step structure," as recited by claim 1. In Matsuda, the side step 12 and the energy absorbing member 14 are separate, distinct components. Specifically, "[t]he side step 12 is bolted to a plurality of stays 16 spaced apart in the longitudinal direction of the vehicle body, and the stay 16 is bolted to a mounting seat 22 provided at a joint between the rocker 18 and the floor 20 of the vehicle body." Matsuda , paragraph [0010]. The energy absorbing member 14 is a separate component that "is located between" the side step 12 and the frame 24. See Matsuda , paragraph [0012]. Thus, in Matsuda, the side step 12 and the energy absorbing member 14 are not included in a single structure, but rather are separate components that are bolted together and positioned relative to one another. In response, Examiner respectfully disagrees and submits that the limitation does not further limit the scope the previously presented claim. Specifically, the claim recites “a vehicle access step structure, comprising: an energy absorption portion […], and a step portion […].” Thus, the energy absorption portion and the step portion are included in the recited vehicle access step structure, which is by itself a single vehicle access step structure, not multiple vehicle access step structures . Matsuda discloses a vehicle access step structure (see Fig. 1 of Matsuda) comprising an energy absorption portion […], and a step portion […] as described in the Office Action. Clearly the energy absorption portion […], and the step portion are included in a single vehicle access step structure, i.e. not spread out into multiple vehicle access step structures . Applicant’s arguments with respect to Aitharaju and Chevalier references are moot in view of the discussion of Matsuda above . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda (JP H1016822 A – hereinafter Matsuda), Young et al. (US 2013/0270864 A1 – hereinafter Young), and Chevalier et al. (US 2005/0012295 A1 – hereinafter Chevalier) . Regarding claim 1, Matsuda discloses a vehicle access step structure (Fig. 3 – vehicle access step structure comprising absorbing member 14, stay 16, and side step 12) , the structure comprising: an energy absorption portion having an inner end, in a vehicle width direction, which is positioned below a side sill of a vehicle and which faces an outer end face, in the vehicle width direction, of a frame that needs to be protected from deformation, the energy absorption portion exhibiting an energy absorption function by deforming upon application of an external force of a predetermined size or greater (Fig. 1; page 3 – absorbing member 4, positioned below a side sill of a vehicle as shown in Fig. 1, deforms to absorb energy generated by a force exceeding a predetermined value applied inwardly to prevent the frame 24 from being impacted) ; a step portion positioned lower, and further toward an outer side, in the vehicle width direction, than the side sill, the step portion deforming upon application of the external force and exhibiting an energy absorption function together with the energy absorption portion (Fig. 1; page 3 – side step 12 positioned lower than the side sill as shown in Fig. 1, further toward an outer side in the vehicle width direction, deforming upon application of the force and exhibiting an energy absorption function together with the absorbing member 14, i.e. the side step is displaced inward in the vehicle width direction) . However, Matsuda does not disclose frame that needs to be protected from deformation comprises a battery configured to supply electric power to an electric motor that is a drive source of the vehicle; and an anti-slip portion provided at an upper surface of the step portion. Young discloses a battery configured to supply electric power to an electric motor (Fig. 2; [0031] – batteries 80 in battery support trays 90 to supply electric power to an electric motor of an electric or hybrid-electric vehicle) that is a drive source of the vehicle and needs to be protected from being deformed ([0032]; [0038]; [0045]; Fig. 2 - the increase in energy dissipation by the localized energy dissipation structure 130 may decrease the energy due to the impact event that is transferred towards the battery support tray 90, thereby reducing the likelihood of damage to the battery packs ) . One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Young into the vehicle access step structure taught by Matsuda to apply the structure into vehicles running on electricity provided by battery and to protect the battery from being deformed for performance and safety reason, i.e. preventing the battery pack from damage, explosion, or set on fire due to impact so that the vehicle can be reliably functioning without posing any danger to the driver and passengers. Matsuda and Young do not disclose an anti-slip portion provided at an upper surface of the step portion. Chevalier discloses an anti-slip portion provided at an upper surface of a step portion (Figs. 1-2; [0027] – a side step 12 comprising an upper surface 16 with an anti-slip means in the form of grooves within the upper surface thereof, forming the step surface) . One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Chevalier into the access step structure taught by Matsuda and Young to keep passengers from being fallen when entering or exiting the vehicle. Regarding claim 2, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 1 above, in which Chevalier also discloses the anti-slip portion comprises at least one groove formed at the upper surface of the step portion and extending in a vehicle front-rear direction (Figs. 1-2; [0027] – a side step 12 comprising an upper surface 16 with an anti-slip means in the form of grooves extending in a vehicle front-rear direction within the upper surface thereof) . The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above. Regarding claim 3, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 2 above, in which Chevalier also discloses the access step structure having the groove is an extrusion molded article ([0027]; Fig. 2) . The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above. Regarding claim 4, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 1 above, in which Chevalier also discloses an attachment groove extending in a vehicle front-rear direction is formed at the upper surface of the step portion, and the anti-slip portion comprises an anti-slip member provided at the attachment groove ([0027]; Fig. 2) . The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above. Regarding claim 5, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 1 above, in which Chevalier also discloses a portion of the access step structure other than the anti-slip member is an extrusion molded article ([0027]; Fig. 2) . The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above. Regarding claim 6, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 1 above. Young also discloses the battery comprises a battery case that is a hollow box-like member (Fig. 2 – a battery case provided by battery support tray 90 that is a hollow box-like member) , and a plurality of battery stacks housed inside the battery case (Fig. 2; [0038] – a plurality of battery stacks 80 housed within the battery support tray) , and an inner side end portion, in the vehicle width direction, of an energy absorption portion is configured to contact a side frame of the battery case of the battery (Fig. 9 – an energy absorption portion contacts a wall, which is a side frame, of the battery support tray) . The motivation for incorporating the teachings of Young into the access step structure has been discussed in claim 1 above. Regarding claim 7, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 1 above. Young also discloses an energy absorption portion and an step portion are portions of a common base portion having continuous upper and bottom plate portions extending across both the energy absorption portion and the step portion (Fig. 9; [0050]) . One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Young into the vehicle access step structure to increase the protection to an impact event (Young: [0050]) . Regarding claim 8, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 7 above. Young also discloses the base portion is a box-shaped member that is open at both front and rear ends and has a rectangular cross-section when cut along a plane perpendicular to a front-rear direction of the base portion (Fig. 9; Fig. 12 – having a rectangular cross-section as shown in Fig. 9 and open at both front and rear ends as shown in Fig. 12) . The motivation for incorporating the teachings of Young into the access step structure has been discussed in claim 7 above. Regarding claim 9, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 7 above. Young also discloses the base portion includes an outer side plate portion connecting outer side end portions of the upper and bottom plate portions to each other, and an inner side plate portion connecting inner side end portions of the upper and bottom plate portions to each other (Fig. 9) . The motivation for incorporating the teachings of Young into the access step structure has been discussed in claim 7 above. Regarding claim 10, Matsuda in view of Young and Chevalier also discloses the vehicle access step structure of claim 1, wherein the vehicle access step structure is positioned between front and rear wheel houses of the vehicle (Fig. 3) . Regarding claim 11, see the teachings of Matsuda, Young, and Chevalier as discussed in claim 1 above. Young also discloses force that has not been absorbed by the energy absorption portion is configured to be transmitted from an inner side end portion of the energy absorption portion to an outer side end portion of the battery ([0045] - the energy due to the impact event that is transferred towards the battery support tray 90) . The motivation for incorporating the teachings of Young into the access step structure has been discussed in claim 1 above. Conclusion 07-40 AIA 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 HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT. 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, Thai Q Tran can be reached at 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUNG Q DANG/Primary Examiner, Art Unit 2484 Application/Control Number: 18/411,024 Page 2 Art Unit: 2484 Application/Control Number: 18/411,024 Page 3 Art Unit: 2484 Application/Control Number: 18/411,024 Page 4 Art Unit: 2484 Application/Control Number: 18/411,024 Page 5 Art Unit: 2484 Application/Control Number: 18/411,024 Page 6 Art Unit: 2484 Application/Control Number: 18/411,024 Page 7 Art Unit: 2484 Application/Control Number: 18/411,024 Page 8 Art Unit: 2484 Application/Control Number: 18/411,024 Page 9 Art Unit: 2484 Application/Control Number: 18/411,024 Page 10 Art Unit: 2484
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