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 § 102
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 1-4, 6-7, 9, 11-12, 21-24 are rejected under 35 U.S.C. 102a1 as being anticipated by FR2870199.
Regarding claim 1, Hlubina teaches a barricade for suppressing a behavior of a spare tire, the barricade comprising:
a support portion (combination of both 22 shown in figure 4) configured to be mounted on a spare tire well panel; and
a protruding portion (about 32a) extending from the support portion and protruding to a spare tire side (7) see figure 4,
wherein the support portion comprises:
an upper support portion (about 20a) coupled to an upper surface a front end portion of the spare tire well panel; and
a lower support portion (30) coupled to an inclined portion inclined from the front upper end portion of the spare tire well panel to a recessed portion of the spare tire well panel, wherein the recessed portion is configured to accommodate the spare tire (see figure 4). Note the spare tire well is not positively claimed.
Regarding claim 2, Hlubina teaches a barricade of claim 1, wherein the protruding portion is spaced apart from the spare tire well panel (see figure 4, see how (32a) is spaced from 4). Note the spare tire well is not positively claimed.
Regarding claim 3, Hlubina teaches a barricade of claim 2, wherein the protruding portion is spaced apart from the inclined portion that is inclined from the front end portion of the spare tire well panel to the recessed portion of the spare tire well panel, wherein the recessed portion is configured to accommodate the spare tire (see figures 2-4). Note the spare tire well is not positively claimed.
Regarding claim 4, Hlubina teaches a barricade of claim 1, wherein:
the support portion is configured as a pair of support portions (see figure 4); and
each of the support portions extends from a respective end portion of the protruding portion in a width direction (see figure 4).
Regarding claim 6, Hlubina teaches a barricade of claim 1, wherein the protruding portion further comprises a plurality of protruding portions spaced apart from the spare tire well panel and spaced apart from each other, wherein a cutout portion (space as shown in figure 4) is disposed between the plurality of protruding portions.
Regarding claim 7, Hlubina teaches a barricade of claim 1, wherein the protruding portion is spaced apart from the spare tire well panel, and wherein the protruding portion has a shape rounded (see figure 4) to be convex to the spare tire side. Note the spare tire well is not positively claimed.
Regarding claim 9, Hlubina teaches a barricade configured to suppress a behavior of a spare tire accommodated in a spare tire well panel, the barricade comprising:
a pair of support portions (see figure 4) configured to be mounted on the spare tire well panel; and
a protruding portion (32a) extending between the support portions, protruding to a spare tire side of the spare tire well panel, and spaced apart from the spare tire well panel, wherein each of the support portions extends from a respective end portion of the protruding portion in a width direction (see figure 4),
wherein each of the support portions comprises:
an upper support portion (about 20a) coupled to an upper surface of a front end portion of the spare tire well panel; and
a lower support portion (30) coupled to an inclined portion inclined from the front upper end portion of the spare tire well panel to a recessed portion of the spare tire well panel, wherein the recessed portion is configured to accommodate the spare tire (7). Note the spare tire well is not positively claimed.
Regarding claim 11, Hlubina teaches a barricade of claim 9, further comprising a plurality of protruding portions (see figure 4) spaced apart from each other between the support portions, wherein a cutout portion (space between shown in figure 4) is disposed between the plurality of protruding portions, and wherein each of the support portions extends from a respective end portion of outermost ones of the protruding portions in the width direction (see figure 4).
Regarding claim 12, Hlubina teaches a barricade of claim 9, wherein the protruding portion has a shape rounded to be convex (see figure 4) to the spare tire side.
Regarding claim 21, Hlubina teaches a barricade of claim 1, wherein a rear end of the upper support portion is raised relative to a rear end of the protruding portion to define a step difference between the rear end of the upper support portion and the rear end of the protruding portion (22 is raised relative to 32a).
Regarding claim 22, Hlubina teaches a barricade of claim 1, wherein the protruding portion has a curved shape that protrudes toward the spare tire side and is rounded in both a width direction and a length direction (see figure 4).
Regarding claim 23, Hlubina teaches a barricade of claim 9, wherein a rear end of the upper support portion is raised relative to a rear end of the protruding portion to define a step difference between the rear end of the upper support portion and the rear end of the protruding portion (22 is raised relative to 32a).
Regarding claim 24, Hlubina teaches a barricade of claim 9, wherein the protruding portion has a curved shape that protrudes toward the spare tire side and is rounded in both a width direction and a length direction (see figure 4).
Claim Rejections - 35 USC § 103
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.
Claims 14-16, 18-19, 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Rauthmann USP 4533169 and in further view of Hlubina FR 2870199.
Regarding claim 14, Rauthmann teaches a vehicle comprising:
a vehicle body comprising a trunk (see figures 1-2);
a spare tire well panel disposed in the trunk (see figures 1-2);
a spare tire accommodated in the spare tire well panel (see figures 1-2);
a support portion (12) mounted on the spare tire well panel (6); and
a protruding portion (front edge thereof see figure 1) extending from the support portion and protruding in a direction toward the spare tire, wherein the protruding portion is spaced apart from the spare tire well panel,
wherein the support portion comprises:
an upper support portion coupled to an upper surface of a front end portion of the spare tire well panel (see figures 1-2)
Rauthmann fails to teach a lower support portion coupled to an inclined portion inclined from the front end portion of the spare tire well panel to a recessed portion of the spare tire well panel, wherein the recessed portion is configured to accommodate the spare tire.
Hlubina also teaches a known spare tire securement with a lower support portion (30) coupled to an inclined portion inclined from the front upper end portion (see figure 3).
It 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 to modify the support structure of Rauthmann to include the lower support portion as taught by Hlubina as Hlubina teaches the improved shape results in “the deflector directs, after the rear collision of the vehicle, the spare wheel in the direction distinct from that of the vehicle`s seats and/or tank, so that the spare wheel does not contact the rear seats and/or the tank, thus protecting the occupants of the vehicle.”
Regarding claim 15, the combination teaches a vehicle of claim 14, wherein the protruding portion is spaced apart from the inclined portion of the spare tire well panel, wherein the inclined portion is inclined from the front end portion of the spare tire well panel to the recessed portion of the spare tire well panel that accommodates the spare tire.
Regarding claim 16, the combination teaches a vehicle of claim 14, wherein:
the support portion comprises a pair of the support portions (previously addressed as x welds see NF); and
each of the support portions extends from a respective end portion of the protruding portion in a width direction of the vehicle.
Regarding claim 18, the combination teaches a vehicle of claim 14, wherein the protruding portion further comprises a plurality of protruding portions spaced apart from each other, wherein a cutout portion is disposed between the plurality of protruding portions (previously addressed in NF as obvious).
Regarding claim 19, the combination teaches a vehicle of claim 14, wherein the protruding portion has a shape rounded to be convex toward the direction of the spare tire (previously address in NF as obvious).
Regarding claim 25, the combination teaches a vehicle of claim 14, wherein a rear end of the upper support portion is raised relative to a rear end of the protruding portion to define a step difference between the rear end of the upper support portion and the rear end of the protruding portion (see figures 1-2 and combination).
Regarding claim 26, the combination teaches a vehicle of claim 14, wherein the protruding portion has a curved shape that protrudes rearward in a direction toward the spare tire and is rounded in both a width direction and a length direction of the vehicle. Obvious in light of NF rejection of 19.
Response to Arguments
Applicant's arguments filed 7/17/26 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., see page 8 “illustrates that element 20a is positioned below the floor 2… because element 20a is shown at a location beneath the floor structure, Hlubina’s element 20a is not coupled to an upper surface of a front end portion as claimed – in fact the claims never mention a floor or any relation to a floor) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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