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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (US 2025/0121890).
Regarding Claim 1, Zhang discloses a rear wheel cover 3; a rear side vehicle frame 103, provided on a lower side in a vehicle up and down direction of the rear wheel cover; a rear side inner panel, provided on an outer side in a vehicle-width-direction of the rear wheel cover (discussed but not shown; body panels welded or riveted to the shown structure outside of the structure; paragraph 0007); and an outrigger 18, extending from the rear side vehicle frame toward the outer side in the vehicle-width-direction (Fig. 1) and joining with a rear side lower end portion of the rear wheel cover (paragraph 0075), wherein the outrigger is joined with the rear side inner panel in a vehicle front and rear direction.
Allowable Subject Matter
Claims 2-9 are 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:
Regarding Claims 2-8, applicant’s use of an outrigger including a side wall that comprises a body portion and an extension portion, the body portion is joined with the rear wheel cover, the extension portion extends from the body portion toward the outer side in the vehicle-width-direction, and the extension portion is joined with the rear side inner panel in the vehicle front and rear direction, is novel.
Regarding claim 9, applicant’s use of a lower surface of a rear side vehicle frame provided with a sub vehicle frame fixing portion, the outrigger is provided in parallel with the floor beam member in the vehicle-width-direction, and the outrigger is provided at a position further rearward than the sub vehicle frame fixing portion in the vehicle front and rear direction, is novel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art relates to wheel well structures for passenger vehicles and the surrounding constructions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612