DETAILED ACTION
This action is a first action on the merits. The claims filed on September 19, 2023 have been entered. Claims 1-20 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims benefit of Korean Patent Application No. KR10-2023-0085495 filed on July 3, 2023.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed September 19, 2023 has been considered by the Examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the recitation of “An embodiment” is considered an implied phrase. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-11 and 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 7 and 17: Claims 7 and 17 recites “a first deformation section bent in a lower direction” in line 2. It is unclear as to what the lower direction is with respect to. For example it appears as if the first deformation section bent in a lower direction with respect to the panel mounting portion. The recitation of “a second deformation section bent in a downward direction” is unclear as to what it is bent in a downward direction with respect to. For example it appears as if the second deformation section is bent in a downward direction with respect to the panel mounting portion or a downward direction of the vehicle. Appropriate correction and/or clarification is required.
Claims 8-11 and 18-20 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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.
(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.
Claim(s) 1-7, 9-17, and 19-20 s/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwano, US2015/0158531 (hereinafter Iwano).
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) and comprising a strength reinforcement (connecting member 64 supports bracket 40 as shown in Fig 4); and
an upper mounting bracket (bracket 40) connected to an upper portion (bridging portion 64a) of the lower mounting bracket (64), connected to the fender panel (at fender mounting portion 42), and comprising a strength variable portion (holes 48, 50 create variable strength portion of first and second supporting legs 48, 50, par [0016], [0058]).
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) and comprising 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 an upper portion (bridging portion 64a) of the lower mounting bracket (64), connected to the fender panel (at fender mounting portion 42), and comprising a strength variable portion (holes 48, 50 create variable strength portion of first and second supporting legs 48, 50, par [0016], [0058]) 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).
Claims 2 and 14: Iwano discloses 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).
Claim 3: Iwano 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 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).
Claims 5 and 16: Iwano discloses 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); and
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).
Claim 6: Iwano 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 7 and 17: Iwano discloses 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 in a lower direction 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 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).
Claims 9 and 19: Iwano 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 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 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 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwano in view of Hammer, US 2017/0050597 (hereinafter Hammer).
Claims 8 and 18: 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. Therefore, choosing the appropriate forming portion as disclosed by Hammer would merely be a simple substitution of one known element for another would obtain the predictable result of 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).
Conclusion
Claims 1-20 are rejected. No claims are allowed.
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.
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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.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676