DETAILED ACTION
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 .
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 5 and 15 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.
In claim 5, applicant claims “a second hole” which implies the existence of a first hole. However, no first hole is positively recited. It is suggested the dependency of the claim be changed from 5 to 4 since claim 4 positively recites the first hole.
In claim 15, applicant claims “a second hole” which implies the existence of a first hole. However, no first hole is positively recited. It is suggested the dependency of the claim be changed from 12 to 14 since claim 14 positively recites the first hole.
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.
Claims 11 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lattorff et al. (US Patent 10,870,403).
Re claim 11, Lattorff et al. discloses a vehicle structure comprising: a metal beam (20, figure 5, although 20 is not disclosed specifically as being metal, the add-on element is specifically designated as steel in column 9, line 46 and the add-on element is welded to the bumper cross member as recited in column 6, line 7 so the beam must be metal for such a welded connection to be made), having an open profile (as shown in figure 5, the open profile of the beam faces forward in figure 5), the metal beam configured to be part of a vehicle body (it is a bumper beam of an automobile body); and a first metal plate (see the annotated figure below), wherein a shape of a part of a periphery of the first metal plate corresponds to a shape of the open profile (the periphery of the metal plate is intended to mate with and be compatible with the beam 20 as can be seen in figure 2), and wherein the first metal plate is mounted in the open profile substantially perpendicular to a longitudinal axis of the metal beam.
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Re claim 16, the first metal plate is attached to the open profile by at least one weld joint (see column 6, lines 56-67 where 26 is recited as being welded to the beam).
Re claim 17, the first metal plate includes a tab at the part of the periphery, wherein the open profile has a slot, and wherein the tab extends into the slot when the first metal plate is mounted in the open profile (see the annotated figure above).
Re claim 18, a second metal plate, wherein a shape of a part of a periphery of the second metal plate corresponds to the shape of the open profile, and wherein the second metal plate is mounted in the open profile substantially perpendicular to the longitudinal axis of the metal beam (see the annotated figure above).
Re claim 19, the vehicle structure is a cross-vehicle beam (it is a bumper beam extending across the vehicle).
Allowable Subject Matter
Claims 1-4 and 6-10 are allowed.
Claim 5 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The primary reason for the indication of allowable subject matter in claims 1-10 is the inclusion in the claims of the limitations directed the cross vehicle beam having an open profile, wherein an opening of the open profile faces forward in the vehicle, the cross-vehicle being including a first metal plate, wherein a shape of a part of a periphery of the first metal plate corresponds to a shape of the open profile and wherein the first metal plate is mounted in the open profile substantially perpendicular to a longitudinal axis of the cross-vehicle beam. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. While the prior art of record discloses vehicle cross-beams with open profile faces facing forward in the vehicle, these types of beams are disclosed as using composite material construction with ribs molded in for support (see for example US11,352,067). There is no teaching or motivation in the prior art to use a metal plate with the shape of an open profile in substitution of the molded in ribs as there is no teaching or motivation to use a metal plate and no teaching of how to attach the metal plate to the composite material. Modifying the prior art of record to arrive at the claimed invention would require impermissible hindsight reasoning.
The primary reason for the indication of allowable subject matter in claims 12-15 is the inclusion in the claims of the limitations directed to overmolding of a plastic material on the metal beam, wherein the first metal plate is attached to the open profile by overmolding. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Lattorff et al. (US Patent 10,870,403) is the closest prior art of record. There is no suggestion or motivation in the prior art overmold the plates of Lattorf et al. to attach them to the metal beam. While overmolding is old and well known in the art, applying such a technique to the structure of Lattorff et al. would require impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle transverse beams.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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/JASON S MORROW/Primary Examiner, Art Unit 3612
December 23, 2025