DETAILED ACTION
This action is in response to the applicant’s reply filed on April 8, 2026. Claims 1, 3-4, 6, 9-13, 15, and 19-28 are pending and addressed below.
Response to Amendment
In response to the applicant’s amendments to the abstract, to remove an implied phrase, the objection to the Specification has been withdrawn.
In response to the applicant’s cancellation of claims 7 and 17 the rejections of claims 7-11 and 17-20 under 35 USC 112(b) have been withdrawn.
Claims 1, 3-4, 6, 9, 11-13, 15, and 19-20 have been amended. Claims 2, 5, 7-8, 14, and 16-18 are cancelled. Claims 21-28 are newly added. Claims 1, 3-4, 6, 9-13, 15, and 19-28 are pending.
The new ground of rejection set forth below for claims 1, 3-4, 6, 9, 11-13, 15, and 19-20 [under 35 USC 103, for this particular situation] are necessitated by Applicant’s amendment filed on April 8, 2026. In particular, claims 1 and 13 have been amended to include additional limitations to the claims. For these reasons, the present action is properly made final.
Response to Arguments
Applicant's arguments filed April 8, 2026 have been fully considered but they are not persuasive.
Regarding claims 1 and 13, the Applicant has argued that Iwano, US2015/0158531 (hereinafter Iwano) in view of Hammer, US 2017/0050597 (hereinafter Hammer) fails to disclose “a forming portion provided in each of the first bending joint and the second bending joint, respectively” as previously recited in claims 8 and 18 (now included in amended claims 1 and 13). Specifically, Applicant has indicated that the “opposite lateral edges 62 and 64” are not disclosed as being located in each of a first and second “deformation section ben downward relative to the panel mounting portion”. Therefore, the applicant indicates that Hammer fails to disclose “a forming portion provided in each of the first bending joint and the second bending joint, respectively”. The Examiner disagrees with this position.
Iwano discloses first bending joints, shown as dashed lines on either end of fender mounting portion 42 in Figure 3 and second bending joints at the first ridgeline 56A and the second ridgeline 60A. These joints are formed where two portions of the bracket 40 meet each other at different angles as seen in Fig 3. Hammer discloses a fender attachment bracket (52). The bracket (52) includes a forming portion (opposite lateral edges 62, 64) provided in each of the first bending joint (between connecting portion 66 and support leg 56) and the second bending joint (between connecting portion 66 and support leg 60), respectively. It is the Examiner’s position that one of ordinary skill in the art would have found it obvious to modify the first and second bending joints of Iwano to include the forming portions as disclosed by Hammer as one of ordinary skill in the art could have easily substituted the known bending joint of Iwano with the other known bending joint including a formation portion as disclosed by Hammer the results of said substitution would have been predictable. As such it is the Examiner’s position that Iwano in view of Hammer clearly meets the limitations of amended claims 1 and 13.
Regarding claims 3-4, 6, 9-12, 15, and 19-24, the applicant’s arguments with respect to claims 1 and 13 are equally applicable to claims 3-4, 6, 9-12, 15, and 19-24.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 6, 9-13, 15, and 19-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwano, US2015/0158531 (hereinafter Iwano) in view of Hammer, US 2017/0050597 (hereinafter Hammer).
Claim 1: Iwano discloses a fender panel mounting apparatus (see Fig 3-4) for mounting a fender panel (fender panel 22) on a fender apron member (fender support portion structure 20) of a vehicle body (see Fig 1-4), the apparatus comprising:
a lower mounting bracket (connecting member 64) connected to the fender apron member (via first supporting leg 48 and second supporting leg 50), wherein the lower mounting bracket (64) comprises:
an upper surface (upper surface of 64a);
a lower front leg (flange portion 64B) and a lower rear leg (flange portion 64C) each extending downward from both ends of the upper surface along a front and rear direction of the vehicle body (as shown in Fig 3-4) and connected to the fender apron member (via first supporting leg 48 and second supporting leg 50); and
a side portion (tongue piece portion 64D) connected to an edge of the upper surface and edges of the lower front leg and the lower rear leg (tongue piece portion 64D is connected to edge of 64a and to the edges of flange portion 64B and flange portion 64C via upper surface 64a), and
a strength reinforcement (connecting member 64 supports bracket 40 as shown in Fig 4); and
an upper mounting bracket (bracket 40) connected to (i) an upper portion (bridging portion 64a) of the lower mounting bracket (64), and (ii) the fender panel (at fender mounting portion 42), wherein the upper mounting bracket (bracket 40) comprises:
a panel mounting portion (at fender mounting portion 42) engaged with the fender panel (fender panel 22),
an upper front leg (first supporting leg portion 48) and an upper rear leg (second supporting leg portion 50) extending downward from both ends of the panel mounting portion (42) in the front and rear direction of the vehicle body (as shown in Fig 4) and connected to an upper portion of the lower front leg (64B) and an upper portion of the lower rear leg (64C), respectively (as shown in Fig 3-4), and
a strength variable portion (holes 48, 50 create variable strength portion of first and second supporting legs 48, 50, par [0016], [0058]), wherein the strength variable portion comprises:
a first deformation section (portion between fender mounting portion 42 and first ridgeline 56A on first supporting leg 48 and portion between fender mounting portion 42 and second ridgeline 60A on second supporting leg 50) bent downward relative to the panel mounting portion through a first bending joint (shown as dashed lines on either end of fender mounting portion 42 in Fig 3) with a first round shape at both ends of the panel mounting portion (42) in the front and rear direction of the vehicle body (as shown in Fig 4); and
a second deformation section (portion between first ridgeline 56A and first vehicle body side mounting portion 44 on first supporting leg 48 and portion between second ridgeline 60A and second vehicle body side mounting portion 46 on second supporting leg 50) bent in a downward direction to the panel mounting portion through a second bending joint (first ridgeline 56A, second ridgeline 60A) with a second round shape from the first deformation section (as shown in Fig 3-4).
Iwano is silent as to further comprising a forming portion provided in each of the first bending joint and the second bending joint, respectively.
Hammer discloses a fender attachment bracket (52). The bracket (52) includes a forming portion (opposite lateral edges 62, 64) provided in each of the first bending joint (between connecting portion 66 and support leg 56) and the second bending joint (between connecting portion 66 and support leg 60), respectively.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the first and second bending joints of Iwano to include a forming portion as disclosed by Hammer, as the need for a forming portion of the first and second bending joints would have lead one skilled in the art to choose an appropriate forming portion, such as the forming portion as disclosed by Hammer. One of ordinary skill in the art could have substituted one known bending joint for another known bending joint including a formation portion and the results of the substitution would have been predictable resulting in connecting each of the panel mounting portions to the upper front leg and the upper rear leg (see Iwano, Fig 3-4, Hammer, Fig 4A), id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 13: Iwano discloses a fender panel mounting apparatus (see Fig 3-4) for mounting a fender panel (fender panel 22) on a fender apron member (fender support portion structure 20) of a vehicle body (see Fig 1-4), the apparatus comprising:
a lower mounting bracket (connecting member 64) connected to the fender apron member (via first supporting leg 48 and second supporting leg 50),
a lower mounting bracket (connecting member 64) connected to the fender apron member (via first supporting leg 48 and second supporting leg 50), wherein the lower mounting bracket (64) comprises:
an upper surface (upper surface of 64a);
a lower front leg (flange portion 64B) and a lower rear leg (flange portion 64C) each extending downward from both ends of the upper surface along a front and rear direction of the vehicle body (as shown in Fig 3-4) and connected to the fender apron member (via first supporting leg 48 and second supporting leg 50); and
a side portion (tongue piece portion 64D) connected to an edge of the upper surface and edges of the lower front leg and the lower rear leg (tongue piece portion 64D is connected to edge of 64a and to the edges of flange portion 64B and flange portion 64C via upper surface 64a),
a strength reinforcement (connecting member 64 supports bracket 40 as shown in Fig 4), and
a first plurality of bracket plate bodies (bridging portion 64A, flange portion 64B, flange portion 64C and a tongue piece portion 64D, see Fig 3-4, par [0055]-[0056]); and
an upper mounting bracket (bracket 40) connected to (i) an upper portion (bridging portion 64a) of the lower mounting bracket (64) and (ii) the fender panel (at fender mounting portion 42),
a panel mounting portion (at fender mounting portion 42) engaged with the fender panel (fender panel 22),
an upper front leg (first supporting leg portion 48) and an upper rear leg (second supporting leg portion 50) extending downward from both ends of the panel mounting portion (42) in the front and rear direction of the vehicle body (as shown in Fig 4) and connected to an upper portion of the lower front leg (64B) and an upper portion of the lower rear leg (64C), respectively (as shown in Fig 3-4), and
a strength variable portion (holes 48, 50 create variable strength portion of first and second supporting legs 48, 50, par [0016], [0058]), wherein the strength variable portion comprises:
a first deformation section (portion between fender mounting portion 42 and first ridgeline 56A on first supporting leg 48 and portion between fender mounting portion 42 and second ridgeline 60A on second supporting leg 50) bent downward relative to the panel mounting portion through a first bending joint (shown as dashed lines on either end of fender mounting portion 42 in Fig 3) with a first round shape at both ends of the panel mounting portion (42) in the front and rear direction of the vehicle body (as shown in Fig 4); and
a second deformation section (portion between first ridgeline 56A and first vehicle body side mounting portion 44 on first supporting leg 48 and portion between second ridgeline 60A and second vehicle body side mounting portion 46 on second supporting leg 50) bent in a downward direction to the panel mounting portion through a second bending joint (first ridgeline 56A, second ridgeline 60A) with a second round shape from the first deformation section (as shown in Fig 3-4), and
a second plurality of bracket plate bodies (fender mounting portion 42 and first and second supporting legs 48, 50, see Fig 3-4, par [0047]), wherein the second plurality of bracket plate bodies (42, 48, 50) comprises a smaller number of the bracket plate bodies than the first plurality of bracket plate bodies (64A, 64B, 64C, 64D) (as shown in Fig 3-4).
Iwano is silent as to further comprising a forming portion provided in each of the first bending joint and the second bending joint, respectively.
Hammer discloses a fender attachment bracket (52). The bracket (52) includes a forming portion (opposite lateral edges 62, 64) provided in each of the first bending joint (between connecting portion 66 and support leg 56) and the second bending joint (between connecting portion 66 and support leg 60), respectively.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the first and second bending joints of Iwano to include a forming portion as disclosed by Hammer, as the need for a forming portion of the first and second bending joints would have lead one skilled in the art to choose an appropriate forming portion, such as the forming portion as disclosed by Hammer. One of ordinary skill in the art could have substituted one known bending joint for another known bending joint including a formation portion and the results of the substitution would have been predictable resulting in connecting each of the panel mounting portions to the upper front leg and the upper rear leg (see Iwano, Fig 3-4, Hammer, Fig 4A), id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 3: Iwano, as modified by Hammer, discloses wherein the side portion (64D) comprises the strength reinforcement (tongue piece portion 64D extends between first supporting leg 48 and second supporting leg 50 providing reinforcement, Fig 3-4).
Claims 4 and 15: Iwano, as modified by Hammer, discloses wherein: the lower front leg (64B) comprises a front flange portion (a first supporting portion 32) at a lower portion (as shown in Fig 2-3) and connected to the fender apron member (20); and
the lower rear leg (64C) comprises a rear flange portion (a second supporting portion 34) at a lower portion (as shown in Fig 2-3) and connected to the fender apron member (20) (as shown in Fig 3-4).
Claim 6: Iwano, as modified by Hammer, discloses wherein the strength variable portion is disposed in multiple stages along a vertical direction in each of the upper front leg and the upper rear leg (holes 48, 50 create variable strength portions of first and second supporting legs 48, 50 versus different stages of first and second supporting legs 48, 50 without holes, see Fig 3, par [0016], [0058]).
Claims 9 and 19: Iwano, as modified by Hammer, discloses a strength adjusting hole (first hole 58 and second hole 62) provided in each of the first deformation section and the second deformation section (first hole 58 and second hole 62 each span first and second deformation sections, see Fig 3-4), respectively.
Claim 10: Iwano, as modified by Hammer, discloses wherein the strength adjusting hole (58, 60) has a variable size according to a predetermined strength of the upper mounting bracket (first and second holes 58, 60 may be formed to pass-through or not pass-through the upper portion of first and second supporting legs, par [0064], [0074]-[0075]).
Claims 11 and 20: Iwano, as modified by Hammer, discloses wherein the second deformation section (portion between first ridgeline 56A and first vehicle body side mounting portion 44 on first supporting leg 48 and portion between second ridgeline 60A and second vehicle body side mounting portion 46 on second supporting leg 50) comprises a junction portion connected to the lower front leg (64B) and the lower rear leg (64C) of the lower mounting bracket (64) by welds (64B and 64C are welding to the hole edge portion of the first hole 58 and the second hole 62, respectively, par [0055]).
Claim 12: Iwano, as modified by Hammer, discloses wherein the panel mounting portion (fender mounting portion 42) comprises a connection hole (bolt insert-through hole 42A) configured to connect a fastening member (bolt 36) (see Fig 3-4, par [0045]).
Claim 21: Iwano, as modified by Hammer, discloses wherein the side portion (Iwano, 64D) is spaced apart from an upper portion (Iwano, first supporting portion 32) of the fender apron member (Iwano, 20) (Iwano, as seen in Fig 3).
Claim 22: Iwano, as modified by Hammer, discloses wherein the lower mounting bracket (connecting member 64) is welded to an upper portion of the fender apron member (via first supporting leg 48 and second supporting leg 50) (first vehicle body side mounting portion 44 is placed in state of planar contact on the first supporting portion 32 of the vehicle body skeleton portion 30 and is fixed to the first supporting portion 32 by spot welding, par [0046]).
Claim 23: Iwano, as modified by Hammer, discloses wherein the strength variable portion (Iwano, holes 48, 50) is formed in multiple stages along a vertical direction in each of the upper front leg (first supporting leg portion 48) and the upper rear leg (Iwano, second supporting leg portion 50) (Iwano, holes 48, 50 create variable strength portion in a vertical direction, as seen in Fig 3, of first and second supporting legs 48, 50, par [0016], [0058]).
Claim 24: Iwano, as modified by Hammer, discloses wherein the panel mounting portion (Iwano, at fender mounting portion 42) comprises a connection hole (Iwano, bolt 36 is located in hole as seen in Fig 3) configured to connect a fastening member (Iwano, bolt 36 is screwed-together with this weld nut 38, see Fig 3, par [0045]).
Allowable Subject Matter
Claim 25-28 are allowed.
The following is an examiner’s statement of reasons for allowance: Claims 25-28 are allowable over the closet prior “herein Iwano” and “herein Hammer” for the following reasons:
Iwano discloses a fender panel mounting apparatus (see Fig 3-4) for mounting a fender panel (fender panel 22) on a fender apron member (fender support portion structure 20) of a vehicle body (see Fig 1-4), the apparatus comprising:
a lower mounting bracket (connecting member 64) connected to the fender apron member (via first supporting leg 48 and second supporting leg 50), wherein the lower mounting bracket (64) comprises:
an upper surface (upper surface of 64a);
a lower front leg (flange portion 64B) and a lower rear leg (flange portion 64C) each extending downward from both ends of the upper surface along a front and rear direction of the vehicle body (as shown in Fig 3-4) and connected to the fender apron member (via first supporting leg 48 and second supporting leg 50); and
a side portion (tongue piece portion 64D) connected to an edge of the upper surface and edges of the lower front leg and the lower rear leg (tongue piece portion 64D is connected to edge of 64a and to the edges of flange portion 64B and flange portion 64C via upper surface 64a), and
a strength reinforcement (connecting member 64 supports bracket 40 as shown in Fig 4); and
an upper mounting bracket (bracket 40) connected to (i) an upper portion (bridging portion 64a) of the lower mounting bracket (64), and (ii) the fender panel (at fender mounting portion 42), wherein the upper mounting bracket (bracket 40) comprises:
a panel mounting portion (at fender mounting portion 42) engaged with the fender panel (fender panel 22),
an upper front leg (first supporting leg portion 48) and an upper rear leg (second supporting leg portion 50) extending downward from both ends of the panel mounting portion (42) in the front and rear direction of the vehicle body (as shown in Fig 4) and connected to an upper portion of the lower front leg (64B) and an upper portion of the lower rear leg (64C), respectively (as shown in Fig 3-4), and
a strength variable portion (holes 48, 50 create variable strength portion of first and second supporting legs 48, 50, par [0016], [0058]), wherein the strength variable portion comprises:
a first deformation section (portion between fender mounting portion 42 and first ridgeline 56A on first supporting leg 48 and portion between fender mounting portion 42 and second ridgeline 60A on second supporting leg 50) bent downward relative to the panel mounting portion through a first bending joint (shown as dashed lines on either end of fender mounting portion 42 in Fig 3) with a first round shape at both ends of the panel mounting portion (42) in the front and rear direction of the vehicle body (as shown in Fig 4); and
a second deformation section (portion between first ridgeline 56A and first vehicle body side mounting portion 44 on first supporting leg 48 and portion between second ridgeline 60A and second vehicle body side mounting portion 46 on second supporting leg 50) bent in a downward direction to the panel mounting portion through a second bending joint (first ridgeline 56A, second ridgeline 60A) with a second round shape from the first deformation section (as shown in Fig 3-4).
Iwano fails to disclose further comprising a forming portion provided in each of the first bending joint and the second bending joint, respectively, wherein each forming portion is concavely shaped in both a vertical direction and a front-to-rear direction of the vehicle body.
Hammer discloses a fender attachment bracket (52). The bracket (52) includes a forming portion (opposite lateral edges 62, 64) provided in each of the first bending joint (between connecting portion 66 and support leg 56) and the second bending joint (between connecting portion 66 and support leg 60), respectively.
Hammer fails to disclose wherein each forming portion is concavely shaped in both a vertical direction and a front-to-rear direction of the vehicle body.
Iwano and Hammer fails to suggest alone, or in combination, the limitations of “wherein each forming portion is concavely shaped in both a vertical direction and a front-to-rear direction of the vehicle body” as recited in claim25.
The Examiner is unaware of prior art which reasonably suggests alone, or in combination, the limitations of the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Claims 1, 3-4, 6, 9-13, 15, and 19-24 are rejected. Claims 25-28 are allowed.
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 CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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, Tara E Schimpf can be reached at (571) 270-7741. 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.
/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
Prosecution Insights