DETAILED ACTION
This action is a first action on the merits. The preliminary amendment filed on April 15, 2024 has been entered. Claims 1-13 are cancelled. Claims 14-26 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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application is a 371 National Stage Entry of PCT No. EP2022/061560 filed on April 28, 2022 which claims foreign priority to German Patent Application No. DE 2021 111 222.2 filed on April 30, 2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed December 7, 2023 and April 10, 2024 have been considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “steering column connection region 19” as described in the specification. There is however a “19?” in Fig 3. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 16-17, 19-20, 24, and 26 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.
Claim 16: The recitation of “an end wall connection of the connecting strut” is unclear as to what part is being referred to as there is no explanation in the Specification as filed on 9/19/2023 (hereinafter Specification) as to what “an end wall connection of the connecting strut” is or how it differs from the previously recited “second connecting portion” for connecting to an end wall. For the purposes of examination, the Examiner has assumed that “an end wall connection of the connecting strut” is the same as the “second connecting portion”. Appropriate correction and/or clarification is required.
Claim 17: The recitation of “the transverse support” is unclear as to what part is being referred to as there is no explanation in the Specification as to what “the transverse support” is or how it differs from the previously recited “transverse member”. For the purposes of examination, the Examiner has assumed that “the transverse support” is the same as the “transverse member”. Appropriate correction and/or clarification is required.
Claim 19: The recitation of “a connection of the connecting strut to the transverse member” is unclear as to whether this is referring to “a first connection portion” as recited in claim 1 or an entirely different part. Additionally, the recitation of “an end wall connection” is unclear as to whether this is referring to “a second connection portion” as recited in claim 1 or an entirely different part. For the purposes of examination the Examiner has assumed that the “a connection of the connecting strut to the transverse member” is the same as “a first connection portion” and “an end wall connection” is the same as “a second connection portion”. Appropriate correction and/or clarification is required.
Claim 24: Claim 24 recites the limitation "the reinforcement part" in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction and/or clarification is required.
Claim 26: Claim 24 recites the limitation "the first connection region" in line 1. There is insufficient antecedent basis for this limitation in the claim. However, it appears as if "the first connection region" may be the same part as the “first connecting portion” as recited in claim 14. For the purposes of examination, the Examiner has treated "the first connection region" and “first connecting portion” as the same part. Appropriate correction and/or clarification is required.
Claim 20 is subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are 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) 14-22 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elsenheimer et al., German Patent No. DE 3624747 A1 (hereinafter Elsenheimer)(all citations are to the attached English translation data Jan 2026).
Claim 14: Elsenheimer discloses an instrument panel carrier for a motor vehicle, comprising:
a transverse member (steering cross member 6), which extends substantially in a transverse direction of the motor vehicle, and
a connecting strut (strut 13) protruding from the transverse member (6) (as shown in Fig 1) , the connecting strut (13) having a base region (lower portion of 13) to which a steering column (steering column 9) of the motor vehicle is attachable (see Fig 1),
wherein the connecting strut (13) has a first connecting portion (where strut 13 meets back wall 15), which is connected to the transverse member (6) (back wall 15 is connected to steering cross member 6 and therefore strut 13, see Fig 1), and
a second connecting portion (where strut 13 meets end wall 12) for connecting to an end wall (front wall 14 is connected to end wall 12 and therefore strut 13, see Fig 1), delimiting a passenger compartment (passenger compartment 1) of the motor vehicle (see Fig 1),
wherein the base region (lower portion of strut 13) of the connecting strut faces in a direction of a vertical axis (running from top to bottom of vehicle) of the motor vehicle (as shown in Fig 1), and a deformation joint (soft sport 20) acting around the vertical axis of the motor vehicle is provided by the connecting strut (13) (soft point 20 on the strut 13 is bent at an obtuse angle to the rear wall 15, see Fig 1-2, 4-5, pg 2).
Claim 15: Elsenheimer discloses the connecting strut (13) has a lowest transverse moment of resistance (located at soft spot 20 created by free cuts 21 and a hole 22) in a region of the first connecting portion or adjacent thereto (soft spot 20 is located adjacent to the connection of strut 13 to back wall 15 and steering cross member 6 as shown in Figs 1-5, pg 1-2).
Claim 16: Elsenheimer discloses the first connecting portion (where strut 13 meets back wall 15, shown at Fig 1-4) is narrower than a length of the connecting strut (13) between the transverse member (6) and an end wall (12) connection of the connecting strut (portion where strut 13 meets back wall 15 is narrower than the length between of the strut 13 between the steering cross member 6 and end wall 12 as shown in Fig 1-4).
Claim 17: Elsenheimer discloses wherein a cross section of the connecting strut (13) widens in the transverse direction in a direction pointing away from the transverse support (6) (as shown in Fig 2-3).
Claim 18: Elsenheimer discloses the base region (lower portion of 13) of the connecting strut (13) extending in the transverse direction has a framework structure (strut includes longitudinal beads and extend in a transverse direction through the strut creating a framework structure, as shown in Fig 2-3, pg 2).
Claim 19: Elsenheimer discloses wherein a connection of the connecting strut (13) to the transverse member (at 15 attached to 6) is offset in the transverse direction with respect to an end wall connection (at 14 attached to 12) of the connecting strut (13) ( as shown in plan view of Fig 2).
Claim 20: Elsenheimer discloses wherein the end wall connection (at 14 attached to 12) of the connecting strut (13) is offset in a direction towards a center of the transverse member (6) in relation to the connection of connecting strut to the transverse member (at 15 attached to 6) (connection at 14 is offset toward the center of the transverse member from the soft spot 20 of the collapsed strut shown in Fig 5).
Claim 21: Elsenheimer discloses wherein at least one connection point (at end wall 12) for the steering column (steering column 9) is provided in a region of the second connecting portion (end of strut 13 connected to front wall 14) of the connecting strut (13) (end of strut 13 connected to front wall 14 and therefore end wall 12 is in a region of the connection point of the steering column 9 of end wall 12 as both are connected to end wall 12, as shown in Fig 1, 4).
Claim 22: Elsenheimer discloses wherein in a longitudinal extent (length of connecting strut 13) of the connecting strut (13), the second connecting portion (at front wall 14) is adjoined by a steering column (9) connecting region (end of strut 13 connected to front wall 14 and therefore end wall 12 is in a region of the connection point of the steering column 9 of end wall 12 as both are connected to end wall 12, as shown in Fig 1, 4), in which the at least one connecting point for the steering column (9) is provided (steering column 9 is connected to end wall 12 see Fig 1, 4), and a remaining part of the connecting strut (13) is connected thereto (remaining portion of connecting strut 13 is connected to the portion of connecting strut 13 connected to the front wall 14), and wherein the second connecting portion and the steering column connecting region (end of strut 13 connected to front wall 14 and end wall 12 and steering column connected to end wall 12) are jointly reinforced in relation to the remaining part (remaining part of strut 13) by a stiffening structure (longitudinal beads 19 which are stiffened are located between end of strut 13 connected to front wall 14 and the remaining part of strut 13, see Fig 3, pg 3).
Claim 26: Elsenheimer discloses wherein at least one connection point (steering bracket 7) for the steering column (9) is provided in a region of the first connecting portion (where strut 13 meets back wall 15) of the connecting strut (13) (both steering bracket 7 and where strut 13 meets backwall 15 are connected at the steering cross member 6 as shown in Fig 1 and 4).
Allowable Subject Matter
Claims 23 and 25 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.
Claim 24 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.
The following is a statement of reasons for the indication of allowable subject matter: Claims 23-25 contain allowable subject matter over the prior art as cited above.
Regarding claims 23, Elsenheimer discloses the stiffening structure (extending beads 19) is formed by walls (as shown in Fig 3, pg 2).
Elsenheimer does not disclose that the stiffening structures are connected to one another, which form a frame surrounding the at least one connection point for the steering column, and wherein the end wall is connectable to one of the walls of the stiffening structure. A modification of the stiffening structure of Elsenheimer to meet the claimed limations would not have been obvious as the at least on connection point for the steering column is not directly attached to the strut and as such the walls of the stiffening structure of the strut would not surround the connection point for the steering column.
Regarding claim 25, Elsenheimer discloses the first connection region (at 15 attached to 6) of the connecting strut is attached to the transverse member (6).
Elsenheimer fails to discloses the first connection region of the connecting strut is designed as a transverse member receptacle. A modification to the first connection rejoin of the connecting strut of Elsenheimer would not have been obvious as the rear wall (15) of the water tank (5) is located between the transverse member (6) and the end of strut (13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Deneau et al., US 5,564,769 drawn to a reinforce instrument panel assembly and Lenkenhoff et al., US 9,598,100 drawn to an device for connecting a steering column to a cross member are relevant to the claims but were not relied upon in the current rejection.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676