DETAILED ACTION
This action is a first action on the merits. The claims filed on October 31, 2023 have been entered. Claims 1-16 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 .
Information Disclosure Statement
The information disclosure statement filed October 31, 2023 has been considered by the Examiner.
Claim Objections
Claim 15 is objected to because of the following informalities: The recitation of “the third or fourth beam panel” in line 2 should likely be --third or fourth beam panel flanges--. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: The recitation of “the third or fourth beam panel flange” in line 2 should likely be --third or fourth beam panel--. Appropriate correction is 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.
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)(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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matecki et al., US 2023/0159107 (hereinafter Matecki).
Claim 1: Matecki discloses a reinforcement beam for a vehicle sill (vehicle component 10) (par 0037]) comprising:
a first elongated beam panel (inner panel 612) having a hat shape in cross section (see Fig 9A) with a first and second flange (upper flange 618 and lower flange 620), one flange on each side of the hat shape (shown in Fig 9A, par [0070]);
a second elongated beam panel (outer panel 614), opposing the first beam panel (612), having a hat shape (see Fig 9A) in cross section with a first and second flange (upper flange 622 and lower flange 624), one flange on each side of the hat shape (see Fig 9A), the opposing first and second flanges secured to one another (upper flange 618 secured to upper flange 622 and lower flange 620 secured to lower flange 624, par [0070]);
a third elongated beam panel (formed by inner upper wall section 646, inner lower wall section 650, and inner wall 648) having a hat shape in cross section (see Fig 9A), the third beam panel (646, 650, 648) positioned between the first and second beam panels (612 and 614) with the hat shape extending into the hat shape of the first panel (612) (as shown in Fig 9A, par [0070]);
a fourth elongated beam panel (formed by outer upper wall section 645, outer lower wall section 651, and outer wall 652) having a hat shape in cross section (as shown in Fig 9A), the fourth beam panel (645, 651, 652) positioned between the first and second beam panels (612 and 614) with the hat shape (Fig 9A) extending into the hat shape of the second beam panel (614) (as shown in Fig 9A, par [0070]).
Claim 2: Matecki discloses wherein the first and second flanges (upper flange 618 and lower flange 620 and upper flange 622 and lower flange 624) are aligned with respect to one another (upper flanges are aligned with respect to lower flanges as seen in Fig 9A).
Claim 3: Matecki discloses wherein the third (646, 650, 648) and fourth (645,653, 651) panels have at least one flange (flange 644 on 646, 650, 648 and flange 666 on 645, 653, 651) on one side of the hat shape (as shown in Fig 9A) for securing with the first or second flanges (flange 644 secures between upper flanges 618 and 622, flange 666 secures between lower flanges 620 and 624).
Claim 4: Matecki discloses wherein the third (646, 650, 648) and fourth (645, 653, 651) panels secure to opposite flanges of the first and second beam panel flanges (646, 650, 648 secures to the upper flanges 618, 622 and 645, 653, 651 secures to the lower flanges 620, 624 as seen in Fig 9A, par [0070]).
Claim 5: Matecki discloses wherein the third (646, 650, 648) and fourth (645, 653, 651) panels other side of the hat shape is unsecured with the other panels (646, 650, 648 is unsecured with lower flanges 620, 624 and 645, 653, 651 is unsecured with upper flanges, see Fig 9A, par [0070]).
Claim 6: Matecki discloses wherein the third and fourth panel flange (644, 666) is interrupted along the length of the panel (flanges may be trimmed away in select area to facilitate frame attachment or to reduce weight, par [0038]).
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) 7-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matecki in view of Qin et al., US 2023/0147528 (hereinafter Qin).
Claim 7: Qin discloses a vehicle (100) with a sill or rocker panel (rocker assembly 10) comprising:
an inner sill panel (sill inner panel 12) and an outer sill panel (sill outer panel 14);
a reinforcement beam (reinforcement insert disposed in the interior area 16) positioned between the inner and outer sill panels 12, 14) (see Fig 3).
Qin fails to disclose the reinforcement beam including: a first elongated beam panel having a hat shape in cross section with a first and second flange, one beam on each side of the hat shape; a second elongated beam panel, opposing the first beam panel, having a hat shape in cross section with a first and second flange, one flange on each side of the hat shape, the opposing first and second flanges secured to one another; a third elongated beam panel having a hat shape in cross section, the third beam panel positioned between the first and second beam panels with the hat shape extending into the hat shape of the first panel; a fourth elongated beam panel having a hat shape in cross section, the fourth beam panel positioned between the first and second beam panels with the hat shape extending into the hat shape of the second beam panel.
Matecki discloses a reinforcement beam (reinforcement insert disposed in the interior area 16) positioned between the inner and outer sill panels , the reinforcement beam including:
a first elongated beam panel (inner panel 612) having a hat shape in cross section (see Fig 9A) with a first and second flange (upper flange 618 and lower flange 620), one flange on each side of the hat shape (shown in Fig 9A, par [0070]);
a second elongated beam panel (outer panel 614), opposing the first beam panel (612), having a hat shape (see Fig 9A) in cross section with a first and second flange (upper flange 622 and lower flange 624), one flange on each side of the hat shape (see Fig 9A), the opposing first and second flanges secured to one another (upper flange 618 secured to upper flange 622 and lower flange 620 secured to lower flange 624, par [0070]);
a third elongated beam panel (formed by inner upper wall section 646, inner lower wall section 650, and inner wall 648) having a hat shape in cross section (see Fig 9A), the third beam panel (646, 650, 648) positioned between the first and second beam panels (612 and 614) with the hat shape extending into the hat shape of the first panel (612) (as shown in Fig 9A, par [0070]);
a fourth elongated beam panel (formed by outer upper wall section 645, outer lower wall section 651, and outer wall 652) having a hat shape in cross section (as shown in Fig 9A), the fourth beam panel (645, 651, 652) positioned between the first and second beam panels (612 and 614) with the hat shape (Fig 9A) extending into the hat shape of the second beam panel (614) (as shown in Fig 9A, par [0070]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the reinforcement beam of Qin with the reinforcement beam as disclosed by Matecki as the need to provide reinforcement to the sill or rocker panel as disclosed by Qin would have lead one skilled in the art to choose an appropriate reinforcement beam, such as the reinforcement beam as disclosed by Matecki. Therefore, choosing the appropriate reinforcement beam disclosed by Matecki would merely be a simple substitution of one known element for another would obtain the predictable result of reinforcing the sill or rocker panel , id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 8: Qin, as modified by Matecki, further discloses wherein the first and second flanges (Matecki, upper flange 618 and lower flange 620 and upper flange 622 and lower flange 624) are aligned with respect to one another (Matecki, upper flanges are aligned with respect to lower flanges as seen in Fig 9A).
Claim 9: Qin, as modified by Matecki, further discloses wherein the third (Matecki, 646, 650, 648) and fourth (Matecki, 645,653, 651) panels have at least one flange (Matecki, flange 644 on 646, 650, 648 and flange 666 on 645, 653, 651) on one side of the hat shape (Matecki, as shown in Fig 9A) for securing with the first or second flanges (Matecki, flange 644 secures between upper flanges 618 and 622, flange 666 secures between lower flanges 620 and 624).
Claim 10: Qin, as modified by Matecki, further discloses wherein the third (646, 650, 648) and fourth (645, 653, 651) panels secure to opposite flanges of the first and second beam panel flanges (646, 650, 648 secures to the upper flanges 618, 622 and 645, 653, 651 secures to the lower flanges 620, 624 as seen in Fig 9A, par [0070]).
Claim 11: Qin, as modified by Matecki, further discloses wherein the third (Matecki, 646, 650, 648) and fourth (Matecki, 645, 653, 651) panels other side of the hat shape is unsecured with the other panels (Matecki, 646, 650, 648 is unsecured with lower flanges 620, 624 and 645, 653, 651 is unsecured with upper flanges, see Fig 9A, par [0070]).
Claim 12: Qin, as modified by Matecki, further discloses wherein the third and fourth panel flange (644, 666) is interrupted along the length of the panel (flanges may be trimmed away in select area to facilitate frame attachment or to reduce weight, par [0038]).
Claim 13: Qin, as modified by Matecki, further discloses one of the third (644) or fourth (666) beam panel flanges is secured with the inner sill panel (Qin, reinforcement insert within interior area 16 is attached to inner sill 12, Matecki, flange 644 secured between upper flanges 618 and 622, flange 666 secures between lower flanges 620 and 624).
Claim 14: Qin, as modified by Matecki, further discloses one of the third (Matecki, formed by inner upper wall section 646, inner lower wall section 650, and inner wall 648) or fourth (Matecki, formed by outer upper wall section 645, outer lower wall section 651, and outer wall 652) beam panel flange is secured with the outer sill panel (Qin, reinforcement insert within interior area 16 is attached to outer sill 14, Matecki, formed by outer upper wall section 645, outer lower wall section 651, and outer wall 652, see Fig 9A).
Claim 15: Qin, as modified by Matecki, further discloses the other of the third (Matecki, 644) or fourth (Matecki, 666) beam panel flanges is secured to the outer sill panel (Qin, reinforcement insert within interior area 16 is attached to outer sill 14, Matecki, flange 644 secured between upper flanges 618 and 622, flange 666 secures between lower flanges 620 and 624, see Fig 9A).
Claim 16: Qin, as modified by Matecki, further discloses wherein the other of the third (644) or fourth (666) beam panel is secured with the inner sill panel (Qin, reinforcement insert within interior area 16 is attached to inner sill 12, Matecki, formed by inner upper wall section 646, inner lower wall section 650, and inner wall 648, see Fig 9A).
a third elongated beam panel (formed by inner upper wall section 646, inner lower wall section 650, and inner wall 648) having a hat shape in cross section (see Fig 9A), the third beam panel (646, 650, 648) positioned between the first and second beam panels (612 and 614) with the hat shape extending into the hat shape of the first panel (612) (as shown in Fig 9A, par [0070]);
a fourth elongated beam panel (formed by outer upper wall section 645, outer lower wall section 651, and outer wall 652) having a hat shape in cross section (as shown in Fig 9A), the fourth beam panel (645, 651, 652) positioned between the first and second beam panels (612 and 614) with the hat shape (Fig 9A) extending into the hat shape of the second beam panel (614) (as shown in Fig 9A, par [0070]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Ishikawa, Chinese Patent No. CN 120882626 A which is drawn to a side beam structure of automobile is applicable to the claims but were not relied upon in the current rejections.
Claims 1-16 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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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676