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 § 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 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.
Claim(s) 1-5, 8-12, 17, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatewaki, et al. (12,151,742).
Tatewaki discloses a lower side structure of a vehicle, the lower side structure comprising a side sill outer 31 having a convex cross-sectional shape, convexly curved toward an outside of the vehicle; and a center floor main panel 33 including side end portions 33a and configured to form a floor of the vehicle, wherein the side end portions of the center floor main panel 33 are bonded to an upper end portion of the side sill outer, see Figure 4. The lower side structure further comprises a lower member 86 including end portions 103 bonded to a lower end portion of the side sill outer and assembled to a lower portion of the center floor main panel via 48, wherein the side sill outer 31, the center floor main panel 33, and the lower member are configured to form a closed cross-section, see Figure 4. A seat cross member 45 disposed in a width direction of the vehicle is assembled on an upper surface of the center floor main panel 33; and the seat cross member 45 is disposed in a portion where the side sill inner bulkhead is installed in a lengthwise direction of the vehicle, as shown in Figure 2. The lower member includes a lower bonding portion bonded to the lower end portion of the side sill outer; a lower reinforcement portion connected to the lower bonding portion and forming a closed cross-section with the side sill outer 31; a panel bonding portion 48 bonded to a bottom surface of the center floor main panel 33; and a battery mounting portion 86 on which a battery 82 is mounted. A lower side structure of a vehicle, the lower side structure comprising a side sill outer 31 formed with a cross-section that is convexly curved toward an outside of the vehicle; a center floor main panel 33 forming a floor of the vehicle and including side end portions 33a bonded to an upper end portion of the side sill outer; and a lower member 86 including end portions bonded to a lower end portion of the side sill outer and assembled to a lower portion of the center floor main panel, wherein the lower member includes: a lower bonding portion bonded to the lower end portion of the side sill outer a lower reinforcement portion connected to the lower bonding portion and forming a closed cross-section with the side sill outer, see Figure 4; a panel bonding portion 48 bonded to a bottom surface of the center floor main panel 33; and a battery mounting portion 86 on which a battery 82 is mounted.
Regarding claims 3-5, 9, 10, 12, 18 and 20, the structural elements claimed are shown in Figure 4. Further, Tatewaki teaches bonding the structural elements.
Allowable Subject Matter
Claims 6, 7, 13-16 and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612
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