DETAILED ACTION
This action is in response to the applicant’s reply filed on April 22, 2026. Claims 1-4 and 6-21 are pending and addressed below.
Response to Amendment
In response to the applicant’s amendment to the abstract to remove an implied phrase, the objection to the Specification has been withdrawn.
Claims 1, 6-14 and 19-20 have been amended. Claim 5 is cancelled. Claim 21 is newly added. Claims 1-4 and 6-21 are pending and addressed below.
The new ground of rejection set forth below for claims 1-4 and 6-20 are necessitated by Applicant’s amendment filed on April 22, 2026, In particular, claims 1 and 14, have been amended to include “wherein the second extension portion is parallel to the first extension portion”. For these reasons, the present action is properly made final.
Response to Arguments
Applicant’s arguments, filed April 22, 2026, with respect to the rejection(s) of claim(s) under 1-4 and 6-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC 102(a)(1) and 35 USC 103.
Specifically, the claims have been amended to include limitations that were not disclosed by the previously cited prior art of Shimizu, Japanese Patent No. JP 2008247364 (hereinafter Shimizu).
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) 1-4 and 6-7, 9-10, 12-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osakabe, Japanese Patent No. JP 2018162012 (hereinafter Osakabe) (all citations are to English translation dated 2026).
Claim 1: Osakabe discloses a vehicle reinforcing member (partition member 40) comprising:
a first extension portion (left side portion 42) extending to a predetermined length (as seen in Fig 1);
a second extension portion (right side portion 42) spaced apart from the first extension portion (left side portion 42), wherein the second extension portion (42) is parallel to the first extension portion (42) (left and right side portions are parallel to each other, see Fig 1);
an upper mounting portion connected to a top end of the first extension portion (42) and a top end of the second extension portion (42) (partition member 40 is connected to cabin back panel 14 as seen in Fig 1); and
a lower mounting portion (at stud bolt 38) connected to a bottom end of the first extension portion (42) and a bottom end of the second extension portion (42) (partition member 40 is connected to concave-shaped portions 25 at stud-bolt 38 as shown in Fig 1, pg 4).
Claim 14: Osakabe discloses a vehicle comprising:
a vehicle body (seen in Fig 1) comprising a partition (cabin back panel 14 with supporting partition members 40) disposed between compartments of the vehicle (between passenger compartment and cargo compartment, see abstract), wherein the partition comprises an upper portion (upper partition of partition 40) extending in a width direction (left to right) of the vehicle body (as seen in Fig 1) and a pair of side portions (front and back sides of partition 40) disposed at each end of the upper portion (upper partition of partition 40);
a first extension portion (left side portion 42) extending to a predetermined length (as seen in Fig 1);
a second extension portion (right side portion 42) spaced apart from the first extension portion (left side portion 42), wherein the second extension portion (42) is parallel to the first extension portion (42) (left and right side portions are parallel to each other, see Fig 1);
an upper mounting portion connected to a top end of the first extension portion (42) and a top end of the second extension portion (42) (partition member 40 is connected to cabin back panel 14 as seen in Fig 1); and
an upper connection portion (the bolt connecting the partition member 40 to the cabin back panel as shown in Fig 1) connecting the top end of the first extension portion (left 42) and the top end of the second extension portion (right 42) to the upper mounting portion (partition member 40 connected to cabin back panel at bolt as shown in Fig 1); and
a lower mounting portion (at stud bolt 38) connected to a bottom end of the first extension portion (42) and a bottom end of the second extension portion (42) (partition member 40 is connected to concave-shaped portions 25 at stud-bolt 38 as shown in Fig 1, pg 4), wherein the lower mounting portion (at stud bot 38) is mounted on a corresponding side portion of the pair of side portions of the partition (both the upper bolt and the lower stud bolts pass through the front side and the back side of the partition member 40 as shown in Fig 1, 2).
Claim 21: Osakabe discloses a vehicle reinforcing member (partition member 40) comprising:
a first extension portion (left side portion 42) extending to a predetermined length (as seen in Fig 1);
a second extension portion (right side portion 42) spaced apart from the first extension portion (left side portion 42), wherein the second extension portion (42) is parallel to the first extension portion (42) (left and right side portions are parallel to each other, see Fig 1);
a middle connection portion (main surface portion 41) connecting the first extension portion (left side portion 42) and the second extension portion (right side portion 42) (as seen in Fig 1-2);
an upper mounting portion connected to a top end of the first extension portion (42) and a top end of the second extension portion (42) (partition member 40 is connected to cabin back panel 14 as seen in Fig 1); and
a lower mounting portion (at stud bolt 38) connected to a bottom end of the first extension portion (42) and a bottom end of the second extension portion (42) (partition member 40 is connected to concave-shaped portions 25 at stud-bolt 38 as shown in Fig 1, pg 4).
Claims 2 and 15: Osakabe discloses wherein the first extension portion (left side portion 42 of partition member 40) is spaced apart from the second extension portion (right side portion 42 of partition member 40) along a longitudinal axis of a vehicle body (axis extending from the front to the back of vehicle) (side portions 42 are spaced left to right along a longitudinal axis of the vehicle, see Fig 1-2).
Claims 3 and 16: Osakabe discloses wherein the first extension portion (left side portion 42 of partition member 40) is spaced apart from the second extension portion (right side portion 42 of partition member 40) along a width axis of a vehicle body (axis extending from the left to the right of vehicle) (side portions 42 are spaced left to right along a width axis of the vehicle, see Fig 1-2).
Claims 4 and 17: Osakabe discloses wherein the first extension portion (left side portion 42 of partition member 40) is spaced apart from the second extension portion (right side portion 42 of partition member 40) along a height axis of a vehicle body (axis extending from the top to bottom of vehicle).
Claim 6: Osakabe discloses wherein: the first upper mounting portion is offset (partition member 40 connected to cabin back panel at bolt as shown in Fig 1) with respect to the top end of the first extension portion (top end of left side portion 42 of partition member 40) and the top of the second extension portion (top end of right side portion 42 of partition member 40) (bolt is offset from both top end of left side portion 42 of partition member 40 and top end of right side portion 42 of partition member 40 as it is located between the two side portions, shown in Fig 1).
Claim 7: Osakabe discloses further comprising: an upper connection portion (the bolt connecting the partition member 40 to the cabin back panel as shown in Fig 1) connecting the top end of the first extension portion (left 42) and the top end of the second extension portion (right 42) to the upper mounting portion (partition member 40 connected to cabin back panel at bolt as shown in Fig 1) .
Claim 9: Osakabe discloses wherein: the lower mounting portion (at stud bolt 38) is offset with respect to the bottom end of the first extension portion (left side of portion 42) and the bottom end of the second extension portion (left side of portion 42) (stud bolt 38 is offset from both bottom end of left side portion 42 of partition member 40 and bottom end of right side portion 42 of partition member 40 as it is located between the two side portions 42, shown in Fig 1)..
Claim 10: Osakabe discloses further comprising: a lower connection portion (at stud bolt 38) connecting the bottom end of the first extension portion (left side of portion 42) and the bottom end of the second extension portion (right side of portion 42) to the second lower mounting portion (stud bolt 38 is offset from both bottom end of left side portion 42 of partition member 40 and bottom end of right side portion 42 of partition member 40 as it is located between the two side portions 42, shown in Fig 1).
Claim 12: Osakabe discloses wherein: the upper mounting portion (partition member 40 connected to cabin back panel at bolt as shown in Fig 1) is mounted on an upper portion of a partition of a vehicle body (upper portion of partition member 40); and
the lower mounting portion (at stud bolt 38) is mounted on a side portion of the partition of the vehicle body (through front and back sides of partition member 40, as seen in Fig 1-2).
Claim 13: Osakabe discloses wherein: the upper mounting portion (upper portion of partition member 40) comprises cylindrical hardware through which a fastener (bolt) extends (opening in upper portion of partition member 40 through which bolt extends) (as shown in Fig 1-2); and
the lower mounting portion (lower portion of partition member 40) comprises cylindrical hardware through which a fastener (stud bolt 38) extends (opening in lower portion of partition member 40 through which stud bolt 38 extends) (as shown in Fig 1-2).
Claim 18: Osakabe discloses a middle connection portion (main surface portion 41) connecting the first extension portion (left side of portion 42) and the second extension portion (right side of portion 42) (as seen in Fig 1-2).
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, 11, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osakabe in view of Shimizu, Japanese Patent No. JP 2008247364 (hereinafter Shimizu).
Claim 8: Osakabe fails to disclose a cross section of the upper connection portion gradually changes from the top end of the first extension portion and the top end of the second extension portion toward the second upper mounting portion.
Shimizu discloses a vehicle reinforcing member with upper and lower mounting portions with connection portions (upper mounting portion 22 and lower mounting portion 32) for mounting the extension portions (partition bars 12). A cross section of the upper connection portion (upper mounting portion 22) gradually changes from the top end of the first extension portion (12) and the top end of the second extension portion (12) toward the upper mounting portion (42) (as shown in Fig 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the upper connection of Osakabe to gradually change in cross section from the top end or the first and second extension portions to the upper mounting portion as disclosed by Shimizu, as one of ordinary skill in the art would have recognized that applying a gradually changing cross section would have yielded the predictable results of securely mounting the top end of the first and second extension portions to the cabin panel thereby providing support for the cabin panel.
Claim 11: Osakabe fails to disclose wherein: a cross section of the lower connection portion gradually changes from the bottom end of the first extension portion and the bottom end of the second extension portion toward the lower mounting portion.
Shimizu discloses a vehicle reinforcing member with upper and lower mounting portions with connection portions (upper mounting portion 22 and lower mounting portion 32) for mounting the extension portions (partition bars 12). A cross section of the lower connection portion (left
lower mounting portion 32) gradually changes from the bottom end of the first extension portion (12) and the bottom end of the second extension portion (12) toward the second lower mounting portion (right lower attachment portion 52) (as shown in Figs 1-2, best shown in Fig 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the lower connection of Osakabe to gradually change in cross section from the top end or the first and second extension portions to the upper mounting portion as disclosed by Shimizu, as one of ordinary skill in the art would have recognized that applying a gradually changing cross section would have yielded the predictable results of securely mounting the lower end of the first and second extension portions thereby providing support for the cabin panel.
Claim 19: Osakabe discloses wherein: the upper mounting portion is offset (partition member 40 connected to cabin back panel at bolt as shown in Fig 1) with respect to the top end of the first extension portion (top end of left side portion 42 of partition member 40) and the top of the second extension portion (top end of right side portion 42 of partition member 40) (bolt is offset from both top end of left side portion 42 of partition member 40 and top end of right side portion 42 of partition member 40 as it is located between the two side portions, shown in Fig 1).
Osakabe fails to disclose a cross section of the upper connection portion gradually changes from the top end of the first extension portion and the top end of the second extension portion toward the upper mounting portion.
Shimizu discloses a vehicle reinforcing member with upper and lower mounting portions with connection portions (upper mounting portion 22 and lower mounting portion 32) for mounting the extension portions (partition bars 12). A cross section of the upper connection portion (upper mounting portion 22) gradually changes from the top end of the first extension portion (12) and the top end of the second extension portion (12) toward the upper mounting portion (42) (as shown in Fig 1-2) and is offset with respect to the top end of the first extension portion and the top end of the second extension portion (as see in Fig 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the upper connection of Osakabe to gradually change in cross section from the top end or the first and second extension portions to the upper mounting portion as disclosed by Shimizu, as one of ordinary skill in the art would have recognized that applying a gradually changing cross section would have yielded the predictable results of securely mounting the top end of the first and second extension portions to the cabin panel thereby providing support for the cabin panel.
Claim 20: Osakabe discloses further comprising: a lower connection portion (at stud bolt 38) connecting the bottom end of the first extension portion (left side of portion 42) and the bottom end of the second extension portion (right side of portion 42) to the lower mounting portion (stud bolt 38 is offset from both bottom end of left side portion 42 of partition member 40 and bottom end of right side portion 42 of partition member 40 as it is located between the two side portions 42, shown in Fig 1).
Osakabe fails to disclose wherein a cross section of the second lower connection portion gradually changes from the bottom end of the second extension portion toward the second lower mounting portion.
Shimizu discloses a vehicle reinforcing member with upper and lower mounting portions with connection portions (upper mounting portion 22 and lower mounting portion 32) for mounting the extension portions (partition bars 12). A cross section of the lower connection portion (left
lower mounting portion 32) gradually changes from the bottom end of the first extension portion (12) and the bottom end of the second extension portion (12) toward the second lower mounting portion (right lower attachment portion 52) (as shown in Figs 1-2, best shown in Fig 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the lower connection of Osakabe to gradually change in cross section from the top end or the first and second extension portions to the upper mounting portion as disclosed by Shimizu, as one of ordinary skill in the art would have recognized that applying a gradually changing cross section would have yielded the predictable results of securely mounting the lower end of the first and second extension portions thereby providing support for the cabin panel.
Conclusion
Claims 1-4 and 5-21 are rejected. No claims 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.
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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
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