Prosecution Insights
Last updated: April 19, 2026
Application No. 18/466,715

ROCKER INSERT WITH PLURALITY OF ENCLOSED SECTIONS

Final Rejection §103
Filed
Sep 13, 2023
Examiner
MALIKASIM, JONATHAN L
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Shape Corp.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
79%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
281 granted / 352 resolved
+27.8% vs TC avg
Minimal -1% lift
Without
With
+-0.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
30 currently pending
Career history
382
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
27.5%
-12.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 352 resolved cases

Office Action

§103
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 . Response to Arguments The previous drawing objection(s) has/have been addressed and is/are withdrawn. The previous specification objection(s) has/have been addressed and is/are withdrawn. The previous claim objection(s) has/have been addressed and is/are withdrawn. The previous 35 U.S.C. 112(b) rejection(s) has/have been addressed and is/are withdrawn. Applicant s arguments with respect to claims 1-20 have been considered but are moot because the arguments do not apply to the new combination/interpretation of references being used in the current rejection. Claim Rejections - 35 USC § 103 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 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. Claim(s) 1-4 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. US10370040 in view of Tsubaki et al. US20220258802 and Ignes et al. US_20220315110. Regarding independent claim 1, Cooper discloses, in Figures 1-4, A vehicle rocker assembly (Cooper; Fig. 1-4) comprising: one or more of an outer sill (Cooper; rocker panel 18) or an inner sill (Cooper; floor side panel 16) to define an elongated hollow interior (Cooper; Fig. 3; cavity 58) defined by one or more of an inboard wall portion (Cooper; the wall of the floor side panel 16) of the inner sill and an outboard wall portion (Cooper; the wall of the rocker panel 18) of the outer sill; and a rocker insert (Cooper; external case/sleeve/container/sheath 46 that comprises internal channel 56) disposed within the elongated hollow interior, the rocker insert comprising: a channel section (Cooper; Fig. 3; internal channel 56) having a top wall (Cooper; top panel 50), a bottom wall (Cooper; bottom panel 52), and a side wall (Cooper; back panel 54) coupled to and extending between the top wall and the bottom wall (Cooper; Fig. 3), with the top wall, the bottom wall, and the side wall at least partially defining a second hollow interior (Cooper; Fig. 3; internal channel 56); and a stiffening member (Cooper; the assembly of crush cans 26 and webs 30) at least partially disposed within the second hollow interior and, the stiffening member comprising a plurality of enclosed sections (Cooper; crush cans 26) arranged along a length of the elongated hollow interior; a depth defined in a lateral vehicle direction between a first side edge and a second side edge of the plurality of enclosed sections (Cooper; the assembly of crush cans 26 and webs 30 has a first/outboard edge and a second/inboard edge); and wherein each of the plurality of enclosed sections are configured to carry a load path laterally between the inboard and outboard wall portions (Cooper; Fig. 1). PNG media_image1.png 681 1034 media_image1.png Greyscale PNG media_image2.png 682 1030 media_image2.png Greyscale PNG media_image3.png 958 675 media_image3.png Greyscale Cooper does not disclose a stiffening member defines a single integral extruded piece; wherein the plurality of enclosed sections comprises a uniform shape extending across a depth defined in a lateral vehicle direction between a first side edge and a second side edge of the plurality of enclosed sections. Tsubaki teaches wherein the plurality of enclosed sections comprises a uniform shape extending across a depth defined in a lateral vehicle direction between a first side edge and a second side edge of the plurality of enclosed sections (Tsubaki; Fig. 16-17; flat upper/crest and lower/base portions 23b and also flat flanges23c that extend in the horizontal/lateral plane). It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the shape of the enclosed sections as taught by Cooper so that they have a uniform shape at the upper/crest and lower/base surfaces and also at the webs/flanges extending across the lateral depth as taught by Tsubaki for the purpose of providing additional strength at the upper/crest and lower/base and webs/flanges surfaces of Cooper’s reinforcement structure 14 that comprises the crush cans 26. Modified Cooper does not teach a stiffening member defines a single integral extruded piece. Ignes teaches a stiffening member defines a single integral extruded piece (Ignes; [0059, 0062-0063] carrier produced by extrusion; [0063] extrusion facilitates production of ribs). It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the stiffening member as taught by Modified Cooper to be a single integral extruded piece as taught by Ignes for the purpose of facilitating the production of ribs such as Coopers webs 30. Regarding claim 2, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the plurality of enclosed sections (Cooper; crush cans 26) each comprise a crest with a flat surface extending across the depth (Cooper; Fig. 2) (Tsubaki; Fig. 16-17; flat upper/crest and lower/base portions 23b that extend in the horizontal/lateral plane). Regarding claim 3, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 2, wherein the plurality of enclosed sections (Cooper; crush cans 26) each comprise a base with a generally flat surface across the depth (Cooper; Fig. 2) (Tsubaki; Fig. 16-17; flat upper/crest and lower/base portions 23b that extend in the horizontal/lateral plane). Regarding claim 4, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the stiffening member (Cooper; the assembly of crush cans 26 and webs 30) is formed by extrusion (Ignes; [0059, 0062-0063] carrier produced by extrusion; [0063] extrusion facilitates production of ribs) (MPEP 2113 Product-by-Process Claims). Modified Cooper is silent regarding wherein the stiffening member is formed with an aluminum alloy. Tsubaki teaches wherein the stiffening member is formed with an aluminum alloy (Tsubaki; [0058] reinforcement member 23 made of extruded aluminum alloy; [0060] aluminum alloy provides “a higher level of material strength and elasticity to absorb collision energy” and also allows the reinforcement member to be “highly manufacturable”). It would have been obvious to one having ordinary skill at the effective filing date of the invention to select the stiffening member material as taught by Cooper to be an extruded aluminum alloy material as taught by Tsubaki for the purpose of providing “a higher level of material strength and elasticity to absorb collision energy” and also allowing the stiffening/reinforcement member to be “highly manufacturable” (Tsubaki; [0060] aluminum alloy provides “a higher level of material strength and elasticity to absorb collision energy” and also allows the reinforcement member to be “highly manufacturable”). Regarding claim 6, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the plurality of enclosed sections (Cooper; crush cans 26) comprise a shape with a series of highest points extending in parallel with each other (Cooper; Fig. 2). Regarding claim 7, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein a highest point (Cooper; Fig. 4; the highest point of a crush can 26 is indicated at the tip of the lead line for top panel 50) of the enclosed sections and a lowest point (Cooper; Fig. 4; the lowest point of a crush can 26 is indicated at the tip of the lead line for bottom panel 52) of the enclosed sections are disposed on the same vertical plane (Cooper; Fig. 4; the highest point of a crush can 26 and the lowest point of the crush can 26 is on the same vertical cross-sectional plane as shown in the cross-sectional view of Fig. 4.). Regarding claim 8, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein a highest point of the enclosed section (Cooper; crush cans 26) extends at least partially between the sill wall portions of the inner sill and the outer sill (Cooper; Fig. 4). Regarding claim 9, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the channel section of the rocker insert (Cooper; external case/sleeve/container/sheath 46 that comprises internal channel 56) is formed by a metal sheet (Cooper; col. 4:62-67 to col. 5:1 rolled sheet metal external case 46). Regarding claim 10, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the side wall (Cooper; back panel 54) is coupled (Cooper; weld 60) with the inner sill (Cooper; floor side panel 16) or the outer sill to support the rocker insert in the elongated hollow interior (Cooper; Fig. 4). Regarding claim 11, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the stiffening member (Cooper; the assembly of crush cans 26 and webs 30) comprises a series of interconnected walls (Cooper; walls 28) that surround the plurality of enclosed section (Cooper; crush cans 26) and extend in a lateral vehicle direction perpendicular to a horizontal plane extending along a longitudinal axis of a vehicle (Cooper; Fig. 1-2). Regarding claim 12, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the plurality of enclosed sections (Cooper; crush cans 26) comprise a plurality of repeating hollow shapes (Cooper; crush cans 26) selected from a circular shape, a hexagonal shape (Cooper; Fig. 2; crush cans 26; col. 2:55 “hexagonal shape”), a square shape, or a rectangular shape. Regarding independent claim 13, Modified Cooper teaches the invention substantially the same as described above, and, in Figures 1-4, the invention substantially the same as described above in reference to independent claim 1 above, and A reinforcement insert (Cooper; external case/sleeve/container/sheath 46 that comprises internal channel 56) disposed within an elongated interior (Cooper; Fig. 3; cavity 58) of a vehicle component (Cooper; the assembly of rocker panel 18 and floor side panel 16), the reinforcement insert comprising: a channel section (Cooper; Fig. 3; internal channel 56) at least partially surrounding a hollow interior; and a stiffening member (Cooper; the assembly of crush cans 26 and webs 30) at least partially disposed within the hollow interior, the stiffening member having a single integral extruded piece (Ignes; [0059, 0062-0063] carrier produced by extrusion; [0063] extrusion facilitates production of ribs) (MPEP 2113 Product-by-Process Claims) with a consistent cross-sectional shape (Cooper; Fig. 2) extending in a direction configured to carry a load path transverse to a length of the elongated interior of the vehicle component (Cooper; Fig. 1-2); wherein the single extruded piece of the stiffening member comprises a plurality of enclosed sections (Cooper; crush cans 26) disposed along the hollow interior of the channel and configured to be spaced along the length of the elongated interior of the vehicle component (Cooper; Fig. 1-2). Regarding claim 14, Modified Cooper teaches the invention substantially the same as described above, and The reinforcement insert of claim 13, wherein the plurality of enclosed sections comprise a crest and a base that each have a generally flat surface (Tsubaki; Fig. 16-17; flat upper/crest and lower/base portions 23b that extend in the horizontal/lateral plane) across a depth defined in a lateral vehicle direction between a first side edge and a second side edge of the plurality of enclosed sections (Cooper; the assembly of crush cans 26 and webs 30 has a first/outboard edge and a second/inboard edge). Regarding claim 15, Modified Cooper teaches the invention substantially the same as described above, and The reinforcement insert of claim 13, wherein the stiffening member (Cooper; the assembly of crush cans 26 and webs 30) comprise a series of interconnected walls (Cooper; walls 28) that surround the plurality of enclosed sections (Cooper; crush cans 26), and wherein the series of interconnected walls extending in the direction that is configured to axially carry the load path (Cooper; Fig. 1-2). Regarding claim 16, Modified Cooper teaches the invention substantially the same as described above, and The reinforcement insert of claim 15, wherein the plurality of enclosed sections (Cooper; crush cans 26) of the rocker insert are formed by extrusion (Ignes; [0059, 0062-0063] carrier produced by extrusion; [0063] extrusion facilitates production of ribs) (MPEP 2113 Product-by-Process Claims) in a direction oriented in a lateral vehicle direction (Cooper; Fig. 1-2). Regarding claim 17, Modified Cooper teaches the invention substantially the same as described above, and The reinforcement insert of claim 13, wherein a cross-sectional shape of the plurality of enclosed sections (Cooper; crush cans 26) comprises a shape with a series of highest points extending in parallel with each other (Cooper; Fig. 2). Regarding claim 18, Modified Cooper teaches the invention substantially the same as described above, and The reinforcement insert of claim 13, each of the plurality of enclosed sections have the same cross-sectional shape extending in a lateral vehicle direction (Cooper; Fig. 2; crush cans 26). Regarding claim 19, Modified Cooper teaches the invention substantially the same as described above, and The reinforcement insert of claim 13, wherein the channel section (Cooper; Fig. 3; internal channel 56) comprises a top wall (Cooper; top panel 50), a bottom wall (Cooper; bottom panel 52), and a side wall (Cooper; back panel 54) coupled to and extending between the top wall and the bottom wall (Cooper; Fig. 3), with the top wall, the bottom wall, and the side wall at least partially defining the hollow interior (Cooper; Fig. 3). Regarding independent claim 20, Modified Cooper teaches the invention substantially the same as described above, and, in Figures 1-4, the invention substantially the same as described above in reference to independent claims 1 and 13 above, and A vehicle rocker assembly (Cooper; Fig. 1-4) comprising: a sill section (Cooper; floor side panel 16) having a wall portion (Cooper; the wall of the floor side panel 16) that borders along an elongated hollow interior (Cooper; Fig. 3; cavity 58) of the sill section; and a rocker insert (Cooper; external case/sleeve/container/sheath 46 that comprises internal channel 56) disposed within the elongated hollow interior, the rocker insert comprising: a channel section (Cooper; Fig. 3; internal channel 56) having a top wall (Cooper; top panel 50), a bottom wall (Cooper; bottom panel 52), and a side wall (Cooper; back panel 54) coupled to and extending between the top wall and the bottom wall, with the top wall, the bottom wall, and the side wall at least partially defining a second hollow interior (Cooper; Fig. 3; internal channel 56); and a stiffening member (Cooper; the assembly of crush cans 26 and webs 30) at least partially disposed within the second hollow interior and defines a single integral piece (Ignes; [0059, 0062-0063] carrier produced by extrusion; [0063] extrusion facilitates production of ribs) (MPEP 2113 Product-by-Process Claims), the single integral piece of the stiffening member comprising a series of interconnected walls that surround a plurality of enclosed sections (Cooper; crush cans 26) extending along a length of the elongated hollow interior, and wherein the series of interconnected walls (Cooper; walls 28) is configured to axially carry a load path transverse to a length of the elongated hollow interior of the sill section (Cooper; Fig. 1-2). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. US10370040 in view of Tsubaki et al. US20220258802 and Ignes et al. US_20220315110 as applied to claim 1 above, and further in view of Munjurulimana et al. US12448049 and Gao et al. US10155542. Regarding claim 5, Modified Cooper teaches the invention substantially the same as described above, and The vehicle rocker assembly of claim 1, wherein the stiffening member comprises a plurality of stiffening sections (Cooper; the assembly of crush cans 26 and webs 30) arranged along the channel section, and wherein the plurality of stiffening sections include cross-sectional shapes configured to have stiffnesses at a corresponding section of the length of the hollow interior (Cooper; Fig. 1-2). Modified Cooper does not disclose wherein the plurality of stiffening sections include different cross-sectional shapes configured to have different stiffnesses at a corresponding section of the length of the hollow interior. Munjurulimana teaches wherein the plurality of stiffening sections include different cross-sectional shapes configured to have stiffnesses at a corresponding section of the length of the hollow interior (Munjurulimana; Fig. 4B; col. 10:7-22 first reinforcements 408 have different shapes in comparison to second reinforcements 410 that yields different deformations rates). It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the plurality of stiffening sections as taught by Modified Cooper to have different cross-sectional shapes as taught by Munjurulimana for the purpose of providing different deformations rates (Munjurulimana; Fig. 4B; col. 10:7-22 first reinforcements 408 have different shapes in comparison to second reinforcements 410 that yields different deformations rates). Modified Cooper does not teach wherein the plurality of stiffening sections include different cross-sectional shapes configured to have different stiffnesses at a corresponding section of the length of the hollow interior. Gao teaches a plurality of stiffening sections that include cross-sectional shapes configured to have different stiffnesses (Gao; col. 4:15-28 stepped stiffness arrangement provides “progressive deformation”). It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the relative stiffnesses as taught by Modified Cooper to have different stiffnesses as taught by Gao for the purpose of providing “progressive deformation” (Gao; col. 4:15-28 stepped stiffness arrangement provides “progressive deformation”). Conclusion 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 JONATHAN MALIKASIM whose telephone number is (313)446-6597. The examiner can normally be reached M-F; 8 am - 5 pm (CST). 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, Yuqing Xiao can be reached at 571-270-3603. 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. /JONATHAN MALIKASIM/ Primary Examiner, Art Unit 3645 3/30/26
Read full office action

Prosecution Timeline

Sep 13, 2023
Application Filed
Nov 14, 2025
Non-Final Rejection — §103
Feb 19, 2026
Examiner Interview Summary
Feb 19, 2026
Applicant Interview (Telephonic)
Feb 23, 2026
Response Filed
Mar 30, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
79%
With Interview (-0.9%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 352 resolved cases by this examiner. Grant probability derived from career allow rate.

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