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 Objections
Claims 5 and 11 are objected to because of the following informalities:
In line 2 of claim 5, Applicant repeats the phrase “that provides.”
In claim 11, line 2, “the reinforcement bracket” has no antecedent basis in the claims. “A reinforcement bracket” was introduced in claim 10. For purposes of expediting examination, claim 11 will be interpreted as depending from claim 10.
Appropriate correction is required.
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.
Claim 8 is 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 8, Applicant recites that “the second end portion of the handle extends from one of the arms at a transverse angle. However, this appears to be inaccurate because, as shown below in the image taken from Fig. 3 of Applicant’s drawings, the second end portion 66b of the handle extends from one of the arms in-line with the arm 62:
[AltContent: textbox (second end portion)][AltContent: textbox (arm)][AltContent: ][AltContent: ]
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For purposes of expediting examination, claim 8 will be interpreted as if it recited that the second end portion of the handle extends from one of the arm in-line with the arm.
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 –
Claims 1 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schlangen et al. (US 9,150,182).
With respect to claim 1, Schlangen et al. disclose a vehicle assembly, comprising:
a pillar assembly as shown below in the image taken from Fig. 13 of Schlangen et al.:
[AltContent: textbox (second end portion)][AltContent: textbox (first end portion)][AltContent: ][AltContent: ]
[AltContent: textbox (pillar assembly)]
[AltContent: textbox (box rail assembly)][AltContent: textbox (handle)][AltContent: ][AltContent: ][AltContent: ][AltContent: ]
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a box rail assembly 260 secured to the pillar assembly (as shown above); and
a handle 314/333 including a first end portion that interfaces with a rear-facing surface of the pillar assembly and an opposite, second end portion that interfaces with a top surface of the box rail assembly (as shown above).
With respect to claim 7, Schlangen et al. disclose that the handle includes a handle member and a pair of arms that extend from the handle member at transverse angles as shown below in the image taken from Fig. 13 of Schlangen et al.:
[AltContent: textbox ()][AltContent: textbox (pair of arms)][AltContent: textbox (handle member)][AltContent: ][AltContent: ][AltContent: ]
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With respect to claim 8, Schlangen et al. disclose that the second end portion of the handle extends from one of the arms in-line with the arm as shown below in the image taken from Fig. 13 of Schlangen et al.:
[AltContent: ][AltContent: textbox (arm)][AltContent: ][AltContent: textbox (second end portion)]
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With respect to claim 9, Schlangen et al. disclose that a first fastening bolt 410 extends from the first end portion of the handle and a second fastening bolt 390 extends from the second end portion of the handle (as show in Fig. 15 of Schlangen et al.).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Schlangen et al. (US 9,150,182), as applied to claim 1 above and further in view of Inamoto (US 2016/0200371).
With respect to claim 2, Schlangen et al. disclose the claimed vehicle assembly except that they are silent on the pillar assembly including an inner panel, an inner reinforcement panel and a pillar cover panel. Schlangen et al. disclose that the pillar assembly at least includes an outer panel (as shown in Fig. 15 of Schlangen et al.).
Inamoto teaches a pillar assembly for a vehicle including an inner panel 12, an inner reinforcement panel 20, an outer panel 14 and a pillar cover panel 16 (as shown in Fig. 1 of Inamoto).
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, with a reasonable expectation of success, to combine the teaching of Inamoto with the vehicle assembly disclosed by Schlangen et al. for the advantage of the reinforcement of the pillar assembly.
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schlangen et al. (US 9,150,182) in view of Inamoto (US 2016/0200371).
With respect to claim 12, Schlangen et al. disclose the claimed vehicle assembly except for the inner panel, the inner reinforcement panel, and the pillar cover panel. Schlangen et al. disclose vehicle assembly, comprising:
a pillar assembly as shown below in the image taken from Fig. 13 of Schlangen et al.:
[AltContent: textbox (first end portion)]
[AltContent: ][AltContent: textbox (pillar assembly)]
[AltContent: textbox (second end portion)][AltContent: ][AltContent: textbox (box rail assembly)][AltContent: textbox (handle)][AltContent: ][AltContent: ][AltContent: ][AltContent: ]
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including an outer panel
a handle 314/333 including a first end portion that interfaces with a rear-facing surface of the pillar assembly and an opposite, second end portion that interfaces with a top surface of the box rail assembly (as shown above).
a box rail assembly 230 secured to the pillar assembly and extending rearward from the pillar assembly (as shown above); and
a handle 314/333 secured to the pillar assembly and including a first end portion and an opposite, second end portion (as indicated above).
Inamoto teaches a pillar assembly for a vehicle including an inner panel 12, an inner reinforcement panel 20, an outer panel 14 and a pillar cover panel 16 (as shown in Fig. 1 of Inamoto).
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, with a reasonable expectation of success, to combine the teaching of Inamoto with the vehicle assembly disclosed by Schlangen et al. for the advantage of the reinforcement of the pillar assembly.
In the combination, the first end portion (disclosed by Schlangen et al.) would be secured near an interface between the pillar cover panel and the outer panel (as taught by Inamoto), the second end portion (as disclosed by Schlangen et al.) would be secured near an interface between the pillar cover panel (as taught by Inamoto) and the box rail assembly (as disclosed by Schlangen et al.). Note, the term “near” is a subjective term that can mean just about anything without a basis for comparison in the claims. In this case the term “near” is interpreted broadly to mean “on the same apparatus.”
With respect to claim 20, Schlangen et al. disclose that the handle includes a handle member and a pair of arms that extend from the handle member at transverse angles as shown below in the image taken from Fig. 13 of Schlangen et al.:
[AltContent: textbox ()][AltContent: textbox (pair of arms)][AltContent: textbox (handle member)][AltContent: ][AltContent: ][AltContent: ]
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Allowable Subject Matter
Claims 3-6, 10-11, and 13-19 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.
Claims 3-4 have been indicated as containing allowable subject matter primarily for the outer panel includes a first flange and a second flange, and the inner panel is secured on the first side to the inner reinforcement panel and on the second side between the first flange and the second flange.
Claims 5-6 have been indicated as containing allowable subject matter primarily for the longitudinally extending portion that provides the top surface of the box rail assembly.
Claims 10-11 have been indicated as containing allowable subject matter primarily for the second fastening bolt being fastened to a reinforcement bracket on the box rail assembly.
Claims 13-14 have been indicated as containing allowable subject matter primarily for the outer panel includes a first flange and a second flange, and the inner panel is secured on the first side to the inner reinforcement panel and on the second side between the first flange and the second flange.
Claims 15-16 have been indicated as containing allowable subject matter primarily for the longitudinally extending portion that interfaces with the box rail assembly.
Claims 17-19 have been indicated as containing allowable subject matter primarily for the first fastening nut being joined to the inner panel and a second fastening nut being joined to a reinforcement bracket on the box rail assembly, the outer panel and the pillar cover panel each including a first opening that is aligned with the first fastening nut, and the pillar cover panel including a second opening that is aligned with the second fastening nut.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Estey (US 2020/0017018) and Crandall et al. (US 2016/0090048) are cited to show other examples of a vehicle assembly including a handle including a first end portion that interfaces with a rear-facing surface of a pillar assembly and an opposite, second end portion that interfaces with a top surface of the box rail assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612
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