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 and 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kariya (JP2003-182472).
With respect to claim 1, Kariya discloses a structural support apparatus configured to extend laterally through a vehicle, the apparatus comprising:
a beam 1 defining an open channel (as shown in Fig. 3 of Kariya), the beam 1 including:
a first extremity wall; and
a second extremity wall spaced from the first extremity wall by the open channel as shown below in the image taken from Fig. 3 of Kariya:
[AltContent: textbox (second extremity wall )][AltContent: textbox (first extremity wall )][AltContent: ][AltContent: ]
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and, at least one bracket 20 (or alternatively, the bracket for mounting an airbag as mentioned in paragraph [014] of the machine translation of Kariya) bridging between the first extremity wall and the second extremity wall (as shown in Fig. 1 of Kariya).
With respect to claim 5, Kariya discloses that the at least one bracket mounts an airbag assembly with the beam (as mentioned in paragraph [0014] of the machine translation of Kariya).
With respect to claim 6, Kariya discloses that the at least one bracket 20 stiffens the beam (such a metal bracket 20, mounted in the location shown) would inherently provide additional stiffening to the beam 1).
With respect to claim 7, Kariya discloses that the at least one bracket 20 stiffens the beam proximal a steering column area (the steering column area identified by brackets 22-24, see paragraph [0014] of the machine translation of Kariya).
With respect to claim 8, Kariya discloses that the at least one bracket 20 is secured with the first extremity wall and the second extremity wall via a plurality of fasteners (see paragraph [0013] of the machine translation of Kariya, and the bolts depicted in the bracket 20 in Fig. 1).
With respect to claim 9, Kariya discloses that the beam 1 at least partially supports an electrical system 10 inside the open channel of the beam 1 (Kariya, abstract; Fig. 1).
With respect to claim 10, Kariya discloses that the electrical system 10 is secured within the open channel by the first extremity wall, the second extremity wall, and the at least one bracket 20 (as shown in Fig. 1 of Kariya).
With respect to claim 11, Kariya is silent on the method of making the beam 1. However, since claim 11 is directed to an apparatus, the method of making the apparatus only differentiates from the prior art if the ending apparatus has a structural difference than that of the prior art. IN this case, there is no structural difference between the claimed beam and that disclosed by Kariya.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over JP 4109390 in view of Kariya (JP 2003-182472).
With respect to claim 1, JP 4109390 discloses the claimed structural support apparatus except for the at least one bracket. JP 4109390 discloses a structural support apparatus configured to extend laterally through a vehicle, the apparatus comprising:
a beam 11 defining an open channel (as shown in Fig. 3 of JP 4109390), the beam 11 including:
a first extremity wall; and
a second extremity wall spaced from the first extremity wall by the open channel as shown below in the image taken from Fig. 3 of Kariya:
[AltContent: textbox (second cross-section)][AltContent: ][AltContent: textbox (first cross-section)][AltContent: ][AltContent: textbox (second extremity wall )][AltContent: ][AltContent: textbox (first extremity wall )][AltContent: ]
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Kariya teaches a similar structural support apparatus including a beam 1 defining an open channel and at least one bracket 20 bridging between the first extremity wall and the second extremity wall (as shown in Fig. 1 of Kariya).
It 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, with a reasonable expectation of success, to combine the teaching of Kariya with the structural support apparatus disclosed by JP 4109390 for the advantage of the bracket 20 which provides additional strength and stiffness to the structural support apparatus.
With respect to claim 2, JP 4109390 discloses that the beam 11 has a first cross-section configured to be distal from a steering column area 18 (as indicated above), and wherein the beam 11 has a second cross-section larger than the first cross section, the second cross-section configured to be proximal the steering column area 18 (as indicated above).
With respect to claim 3, JP 4109390 discloses that at least one of the first extremity wall and the second extremity wall define at least one recess 30 (as shown in Figs 1-2 of JP 4109390).
With respect to claim 4 JP 4109390 discloses that the at least one of the first extremity wall and the second extremity wall include a flange 35 around a periphery of the at least one recess 30.
Claims 12-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hellfritsch et al. (EP 1544085) in view of JP 4109390.
With respect to claim 12, Hellfritsch et al. disclose the claimed vehicle except for the recess being flanged. Hellfritsch et al. disclose a vehicle (see abstract of Hellfritsch et al.) comprising:
a structural support apparatus 1’ including:
a beam 2’ extending laterally within the vehicle,
wherein the beam 2’ defines an open channel configured to receive a loom of wiring (see bottom of pg. 5 of the machine translation of Hellfritsch), and
wherein the beam includes:
a rear extremity wall as shown below in the image taken from Fig. 6 of Hellfritsch:
[AltContent: textbox (bracket 3’)][AltContent: ][AltContent: textbox (rear extremity wall)][AltContent: textbox (front extremity wall)][AltContent: ][AltContent: ]
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a front extremity wall coupled with the rear extremity wall at a bottom of the beam (as shown above),
wherein the front extremity wall includes a recess 22’ for the loom to extend outwardly from the open channel of the beam 2’ (see bottom of pg. 5 of the machine translation of Hellfritsch); and
a plurality of brackets 5’/3’ coupled with the beam 2’ across the open channel (as shown in Fig. 6 of Hellfritsch),
wherein the plurality of brackets 5’/3’ is configured to:
increase a rigidity of the beam (inherent in the inclusion of brackets 5’/3’;
fasten with the beam 2’ to enclose the loom of the wiring within the open channel (as shown in Fig. 6 of Hellfritsch); and
unfasten from the beam 2’ to reveal the loom of the wiring within the open channel (“screw,” see top and middle of pg. 4 of the machine translation of Hellfritsch).
JP 4109390 teaches a similar structural support including a beam 10 with a flanged recess 30 (flange 35 as shown in Figs. 1-2 of JP 4109390).
It 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, with a reasonable expectation of success, to combine the teaching of JP 4109390 with the vehicle disclosed by Hellfritsch for the advantage of regulating the direction the loom travels outside the beam (JP 4109390, paragraph [0024]).
With respect to claim 13, the plurality of brackets 5’/3’ is further configured to provide a respective plurality of mounting locations (bracket 5’ is a mounting location for a steering column (see bottom of pg. 6 of the machine translation of Hellfritsch).
With respect to claim 17, Hellfritsch et al. discloses that the beam is made from a single or multiple sheet of metal (see middle of pg. 3 of the machine translation of Hellfritsch et al.). While Hellfritsch et al. is silent on how the beam is manufactured, it is noted that claim 17 is directed towards an apparatus. In and apparatus claim, the method of manufacture holds no patentable weight unless the manufacturing process results in a structural difference from the prior art. In this case, there appears to be no structural difference.
Alternative interpretation of Hellfritsch in view of JP 4109390
Claims 12, 15-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hellfritsch et al. (EP 1544085) in view of JP 4109390.
With respect to claim 12, Hellfritsch et al. disclose the claimed vehicle except for the recess being flanged. Hellfritsch et al. disclose a vehicle comprising:
a structural support apparatus 1 including:
a beam 2 extending laterally within the vehicle,
wherein the beam 2 defines an open channel configured to receive a loom of wiring (see bottom of pg. 5 of the machine translation of Hellfritsch and Fig. 2), and
wherein the beam includes:
a rear extremity wall as shown below in the image taken from Fig. 2 of Hellfritsch:
[AltContent: textbox (front extremity wall)][AltContent: ][AltContent: ][AltContent: textbox (rear extremity wall)]
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a front extremity wall coupled with the rear extremity wall at a bottom of the beam (as shown above),
wherein the front extremity wall includes a recess 22 for the loom to extend outwardly from the open channel of the beam 2 (see bottom of pg. 5 of the machine translation of Hellfritsch); and
a plurality of brackets 5/3 coupled with the beam 2 across the open channel (as shown in Fig. 1 of Hellfritsch),
wherein the plurality of brackets 5/3 is configured to:
increase a rigidity of the beam (inherent in the inclusion of brackets 5/3;
fasten with the beam 2 to enclose the loom of the wiring within the open channel (as shown in Fig. 2 of Hellfritsch et al.); and
unfasten from the beam 2 to reveal the loom of the wiring within the open channel (“screw,” see top and middle of pg. 4 of the machine translation of Hellfritsch et al.).
JP 4109390 teaches a similar structural support including a beam 10 with a flanged recess 30 (flange 35 as shown in Figs. 1-2 of JP 4109390).
It 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, with a reasonable expectation of success, to combine the teaching of JP 4109390 with the vehicle disclosed by Hellfritsch et al. for the advantage of regulating the direction the loom travels outside the beam (JP 4109390, paragraph [0024]).
With respect to claim 15, Hellfritsch et al. disclose a first cross-section at a first lateral end of the beam (see right side of image in Fig. 2 of Hellfritsch et al.); and
a second cross-section at a second lateral end of the beam (see left side of image in Fig. 2 of Hellfritsch et al.),
wherein the second cross-section is larger than the first cross section (as shown in Fig. 2 of Hellfritsch et al.).
With respect to claim 16, Hellfritsch et al. disclose that the beam defines a variable cross-section between the first cross-section and the second cross section, and wherein the variable cross-section increases from the first cross-section to the second cross section as shown below in the image taken from Fig. 2 of Hellfritsch et al.:
[AltContent: textbox (variable cross section)][AltContent: ][AltContent: rect]
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With respect to claim 18, Hellfritsch et al. disclose the claimed structural support apparatus except for the flange. Hellfritsch et al. disclose a structural support apparatus for a vehicle (see abstract of Hellfritsch et al.), the apparatus comprising:
a beam 2 extending laterally within the vehicle, the beam defining an open channel (as shown in Fig. 2 of Hellfritsch et al.),
wherein the beam 2 includes:
a rear extremity wall as shown below in the image taken from Fig. 2 of Hellfritsch:
[AltContent: textbox (first direction of lateral extent)][AltContent: arrow][AltContent: textbox (distance increasing between rear extremity wall and front extremity wall)][AltContent: ][AltContent: rect][AltContent: textbox (front extremity wall)][AltContent: ][AltContent: ][AltContent: textbox (rear extremity wall)]
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a front extremity wall coupled with the rear extremity wall at a bottom of the beam 2 (as shown above),
wherein the front extremity wall defines a recess 22;
a bracket 3 fastened with the rear extremity wall and the front extremity wall (as shown in Fig. 1 of Hellfritsch et al.),
wherein the bracket 3 bridges between the rear extremity wall and the front extremity wall (as shown above an in Fig. 1 of Hellfritsch et al.), and
wherein a distance between the rear extremity wall and the front extremity wall increases along a first direction of lateral extent (as indicated above); and
a loom of wiring enclosed within the open channel of the beam beneath the bracket 3, wherein the loom of wiring extends through the recess 22 (see bottom of pg. 5 of the machine translation of Hellfritsch).
JP 4109390 teaches a similar structural support including a beam 10 with a recess 30 with a flange 35 (as shown in Figs. 1-2 of JP 4109390).
It 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, with a reasonable expectation of success, to combine the teaching of JP 4109390 with the vehicle disclosed by Hellfritsch for the advantage of regulating the direction the loom travels outside the beam (JP 4109390, paragraph [0024]).
With respect to claim 20, Hellfritsch et al. disclose that the beam 2 is a unitary body formed from a single or multiple sheet of metal (see middle of pg. 3 of the machine translation of Hellfritsch et al.).
Allowable Subject Matter
Claims 14 and 19 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:
Claim 14 has been indicated as containing allowable subject matter primarily for the instrument panel coupling with at least one of the plurality of mounting locations.
Claim 19 has been indicated as containing allowable subject matter primarily for the instrument panel mounting with the beam at the bracket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612