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 .
Information Disclosure Statement
Citations on the IDS filed 12/30/24 and 12/27/23 have been lined through because they already appear on the corrected IDS filed 5/28/25.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 0142928.
Regarding claim 1, KR 0142928 discloses:
A side sill (see Fig. 3 below) for a vehicle comprising:
a side sill frame (11, 12; Fig. 3 below) formed to have a hollow portion as can be seen in Fig. 3 below;
a first reinforcing frame (13; Fig. 3 below) disposed in the hollow portion and attached to the side sill (see Fig. 3 below);
a second reinforcing frame (15; Fig. 3 below) disposed in the hollow portion and attached to the first reinforcing frame (13; Fig. 3 below) and the side sill frame (12; Fig. 3 below),
wherein the first reinforcing frame (13; Fig. 3 below) and the second reinforcing frame (15; Fig. 3 below) are disposed in the hollow portion so as to form a closed cross-section (pointed out in Fig. 3 below) in the hollow portion from a thickness-wise cross-section of the side sill frame.
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Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 19980053512.
Regarding claim 1, KR 19980053512 discloses:
A side sill (see Fig. 1) for a vehicle comprising:
a side sill frame (made up of first and second side sill frames as pointed out in annotated Fig. 1 below) formed to have a hollow portion (see Fig. 1 below);
a first reinforcing frame (20; Fig. 1 below) disposed in the hollow portion and attached to the side sill, specifically to both the first and second side sills at a lower connection flange (as pointed out in annotated Fig. 1 below);
a second reinforcing frame (10; Fig. 1 below) disposed in the hollow portion and attached to the first reinforcing frame and the side sill frame, where such attachments can be seen in Fig. 1 below,
wherein the first reinforcing frame (20; Fig. 1 below) and the second reinforcing frame (10; Fig. 1 below) are disposed in the hollow portion so as to form a closed cross-section (shaded in annotated Fig 1 below) in the hollow portion from a thickness-wise cross-section of the side sill frame.
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Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102018132258.
Regarding claim 1, DE 102018132258.discloses:
A side sill (see Fig. 6 below) for a vehicle comprising:
a side sill frame (made up of first and second side sill frames as pointed out in annotated Fig. 6 below) formed to have a hollow portion (see Fig. 6 below);
a first reinforcing frame (labeled in bottom left corner of Fig. 6 below) disposed in the hollow portion and attached to the side sill, specifically the first side sill frame,
a second reinforcing frame (labeled in top right corner of Fig. 6 below) disposed in the hollow portion and attached to the first reinforcing frame (see Fig. 6 below) and the side sill frame, namely the second side sill frame by way of attaching element 44 (Fig. 6).
wherein the first reinforcing frame and the second reinforcing frame are disposed in the hollow portion so as to form a closed cross-section (the shaded portion in annotated Fig. 6 below) in the hollow portion from a thickness-wise cross-section of the side sill frame.
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Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 3, 4, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over KR 0142928 in view of Alwan US 9,493,190.
Regarding claim 2, KR 0142928 discloses:
The side sill for a vehicle of claim 1, as explained above, except wherein at least one of the side sill frame, the first reinforcing frame, and the second reinforcing frame is formed of steel.
Nonetheless, Alwan discloses a side sill (27; Fig. 1) having a side sill frame made up of an inner side sill frame member (28; Fig. 1) and an outer side sill frame member (24; Fig. 1) defining a hollow portion therebetween, with a first reinforcing frame (12; Fig. 3A) and a second reinforcing frame (14; Fig. 3b) disposed in the hollow portion. The side sill frame (27; made from “steel”; col. 2, lines 1-3), first reinforcing frame (12; made from “steel”; col. 4 lines 33-35) and second reinforcing frame (14; made from “steel”; col. 4 lines 33-35) are all made from steel.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Alwan reference is considered to be relevant art in that the Alwan reference is in the same field of endeavor, namely that which pertains to vehicle sill constructions, as the KR 0142928 reference.
Therefore, 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 construct the side sill frame, the first reinforcing frame, and the second reinforcing frame of KR 0142928 from a steel material as taught by Alwan with a reasonable expectation of success because the use of steel, well known for its strength, to reinforce a side sill helps to prevent unwanted deformation thereof into the occupant compartment of a vehicle in a side impact event.
Regarding claim 3, KR 0142928, as modified by Alwan, discloses:
The side sill for a vehicle of claim 2, as explained above, wherein the first reinforcing frame (13; Fig. 3) and the second reinforcing frame (15; Fig. 3) includes a concave-convex portion in a longitudinal cross- sectional shape of the side sill frame, as can be seen in Fig. 3 above.
Regarding claim 4, KR 0142928, as modified by Alwan, discloses:
The side sill for a vehicle of claim 3, as explained above, wherein the first reinforcing frame (13; Fig. 3) and the second reinforcing frame (15; Fig. 3) overlap (as circled and pointed out in annotated Fig. 3 above) each other in the hollow portion.
Regarding claim 5, KR 0142928, as modified by Alwan, discloses:
The side sill for a vehicle of claim 4, as explained above, wherein in the concave-convex portion, a convex portion and a concave portion are formed continuously in a longitudinal direction of the side sill frame, in that the reinforcements extend along a longitudinal direction of the sill.
Regarding claim 7, KR 0142928, as modified by Alwan, discloses:
The side sill for a vehicle of claim 1, as explained above, wherein the side sill frame (11, 12; Fig. 3) comprises:
a first side sill frame (11; Fig. 3 above) to which the first reinforcing frame (13; Fig. 3) is attached; and
a second side sill frame (12; Fig. 3 above) attached to the first side sill frame (11; Fig. 3 above) and having an internal surface to which the second reinforcing frame is attached (as can be seen in annotated Fig. 3 above).
Claims 2, 3, 4, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over KR 19980053512 in view of Alwan US 9,493,190.
Regarding claim 2, KR 19980053512 discloses:
The side sill for a vehicle of claim 1, as explained above, except wherein at least one of the side sill frame, the first reinforcing frame, and the second reinforcing frame is formed of steel.
Nonetheless, Alwan discloses a side sill (27; Fig. 1) having a side sill frame made up of an inner side sill frame member (28; Fig. 1) and an outer side sill frame member (24; Fig. 1) defining a hollow portion therebetween, with a first reinforcing frame (12; Fig. 3A) and a second reinforcing frame (14; Fig. 3b) disposed in the hollow portion. The side sill frame (27; made from “steel”; col. 2, lines 1-3), first reinforcing frame (12; made from “steel”; col. 4 lines 33-35) and second reinforcing frame (14; made from “steel”; col. 4 lines 33-35) are all made from steel.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Alwan reference is considered to be relevant art in that the Alwan reference is in the same field of endeavor, namely that which pertains to vehicle sill constructions, as the KR 19980053512 reference.
Therefore, 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 construct the side sill frame, the first reinforcing frame, and the second reinforcing frame of KR 19980053512 from a steel material as taught by Alwan with a reasonable expectation of success because the use of steel, well known for its strength, to reinforce a side sill helps to prevent unwanted deformation thereof into the occupant compartment of a vehicle in a side impact event.
Regarding claim 3, KR 19980053512, as modified by Alwan, discloses:
The side sill for a vehicle of claim 2, as explained above, wherein the first reinforcing frame (20; Fig. 1) and the second reinforcing frame (10; Fig. 1) includes a concave-convex portion in a longitudinal cross-sectional shape of the side sill frame, as can be seen in Fig. 1 above.
Regarding claim 4, KR 19980053512, as modified by Alwan, discloses:
The side sill for a vehicle of claim 3, as explained above, wherein the first reinforcing frame (20; Fig. 1) and the second reinforcing frame(10; Fig. 1) overlap each other in the hollow portion, as circled and pointed out in annotated Fig. 1 above.
Regarding claim 5, KR 19980053512, as modified by Alwan, discloses:
The side sill for a vehicle of claim 4, as explained above, wherein in the concave-convex portion, a convex portion and a concave portion are formed continuously in a longitudinal direction of the side sill frame, in that the reinforcements extend along a longitudinal direction of the sill.
Regarding claim 6, KR 19980053512, as modified by Alwan, discloses:
The side sill for a vehicle of claim 5, as explained above, wherein the convex portion of the first reinforcing frame (20; Fig. 1) overlaps the convex portion of the second reinforcing frame (10; Fig. 1), and the concave portion of the first reinforcing frame (20; Fig. 1) overlaps the concave portion of the second reinforcing frame (10; Fig. 1) at the overlap location circled and pointed out in annotated Fig. 1 above.
Claims 2, 3, 4, 5, 6, 7, 8, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102018132258 in view of Alwan US 9,493,190.
Regarding claim 2, DE 102018132258 discloses:
The side sill for a vehicle of claim 1, as explained above, except wherein at least one of the side sill frame, the first reinforcing frame, and the second reinforcing frame is formed of steel.
Nonetheless, Alwan discloses a side sill (27; Fig. 1) having a side sill frame made up of an inner side sill frame member (28; Fig. 1) and an outer side sill frame member (24; Fig. 1) defining a hollow portion therebetween, with a first reinforcing frame (12; Fig. 3A) and a second reinforcing frame (14; Fig. 3b) disposed in the hollow portion. The side sill frame (27; made from “steel”; col. 2, lines 1-3), first reinforcing frame (12; made from “steel”; col. 4 lines 33-35) and second reinforcing frame (14; made from “steel”; col. 4 lines 33-35) are all made from steel.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Alwan reference is considered to be relevant art in that the Alwan reference is in the same field of endeavor, namely that which pertains to vehicle sill constructions, as the DE 102018132258 reference.
Therefore, 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 construct the side sill frame, the first reinforcing frame, and the second reinforcing frame of DE 102018132258 from a steel material as taught by Alwan with a reasonable expectation of success because the use of steel, well known for its strength, to reinforce a side sill helps to prevent unwanted deformation thereof into the occupant compartment of a vehicle in a side impact event.
Regarding claim 3, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 2, as explained above, wherein the first reinforcing frame (labeled in bottom left corner of Fig. 6 above) and the second reinforcing frame(labeled in top right corner of Fig. 6 above) includes a concave-convex portion in a longitudinal cross- sectional shape of the side sill frame, as can be seen in Fig. 6 above.
Regarding claim 4, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 3, as explained above, wherein the first reinforcing frame (labeled in bottom left corner of Fig. 6 above) and the second reinforcing frame (labeled in top right corner of Fig. 6 above) overlap each other (as labeled at top center of annotated Fig. 6 above) in the hollow portion.
Regarding claim 5, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 4, as explained above, wherein in the concave-convex portion, a convex portion and a concave portion are formed continuously in a longitudinal direction of the side sill frame, in that the reinforcements extend along a longitudinal direction of the sill.
Regarding claim 6, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 5, as explained above, wherein the convex portion of the first reinforcing frame (labeled in bottom left corner of Fig. 6 above) overlaps the convex portion of the second reinforcing frame (labeled in top right corner of Fig. 6 above) and the concave portion of the first reinforcing frame (labeled in bottom left corner of Fig. 6 above) overlaps the concave portion of the second reinforcing frame (labeled in top right corner of Fig. 6 above). These overlapping portions occur at the same location which is labeled at the top center of annotated Fig. 6 above.
Regarding claim 7, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 1, as explained above, wherein the side sill frame comprises:
a first side sill frame (labeled at the bottom center of annotated Fig. 6 above) to which the first reinforcing frame (labeled in bottom left corner of Fig. 6 above) is attached; and
a second side sill frame (labeled at the center of the right edge of annotated Fig. 6 above) attached to the first side sill frame and having an internal surface to which the second reinforcing frame (labeled in top right corner of Fig. 6 above) is attached, by way of attaching element 44 (Fig. 6).
Regarding claim 8, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 7, as explained above, wherein a shape of a thickness-wise cross-section of the first reinforcing frame (labeled in bottom left corner of Fig. 6 above) comprises:
a plurality of first lower flange portions (labeled at top left corner and bottom left corner of annotated Fig. 6 above) formed by bending both ends (of the first reinforcing frame) and attached to an internal surface of the first side sill frame, as can be seen in annotated Fig. 6 above;
a plurality of first extension portions (labelled at a top center and a bottom center of annotated Fig. 6 above) connected to the plurality of first lower flange portions, respectively, and extending in a direction of the second reinforcing frame (labeled in top right corner of Fig. 6 above) as can be seen in annotated Fig. 6 above; and
a first upper flange portion (labelled at bottom left corner of annotated Fig. 6 above) connected to the plurality of first extension portions, such connection can be seen in annotated Fig. 6 above.
Regarding claim 9, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 8, as explained above, wherein a shape of a thickness-wise cross-section of the second reinforcing frame (labeled in top right corner of Fig. 6 above) comprises:
a plurality of second extension portions (labeled at the top center and bottom right corner of annotated Fig. 6 above) attached to the first extension portion and extending in a direction of the second side sill frame, where such attachment and extension direction can be seen in annotated Fig. 6 above; and a
second upper flange portion (labeled at the center of the right edge of annotated Fig. 6 above) connected to the second extension portion and attached to an internal surface of the second side sill frame, where such connections are shown in annotated Fig. 6 above.
Regarding claim 10, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 9, as explained above, wherein the second upper flange portion (labeled at the center of the right edge of annotated Fig. 6 above) is planar as shown in annotated Fig. 6 above.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over DE 102018132258, as modified by Alwan US 9,493,190, as applied above to claim 9 and further in view of Kim et al. US 12,060,111.
Regarding claim 14, DE 102018132258, as modified by Alwan, discloses:
The side sill for a vehicle of claim 9, as explained above, except for the specific means for attaching the elements, namely wherein the first lower flange portion (Fig. 6 above) is attached to the first side sill frame by welding, the second extension portion (Fig. 6 above) is attached to the first extension portion by the welding, and the second upper flange portion, which is attached to the second side sill frame by element 44 in annotated Fig. 6 above, is attached to the second side sill frame with an adhesive, so as to connect the element 44 (Fig. 6) to the second reinforcing frame (43; Fig. 6) and to connect the element 44 (Fig. 6) to the second side sill frame.
Notwithstanding, Kim et al. disclose use of welding or adhesive to connect side sill frame elements (2; Fig. 1) to reinforcing frames (5; Fig. 1). See col. 8, lines 29-32.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Kim et al. reference is considered to be relevant art in that the Kim et al. reference is in the same field of endeavor, namely that which pertains to vehicle sill constructions, as the DE 102018132258 reference.
Therefore, 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 connect the side sill frame and reinforcing frame components of DE 102018132258, as modified by Alwan, by either welding or adhesive as taught by Kim et al. with a reasonable expectation of success because such alternate bonding means are notoriously well known functional equivalents and the selection of one over the other depends upon the desired performance of the bond in certain conditions, such as in a collision event.
Allowable Subject Matter
Claims 11-13 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 following is a statement of reasons for the indication of allowable subject matter:
The recitation in claim 9 that the second extension portion of the second reinforcing frame has a step portion is not taught nor fairly suggested by the prior art of record. Specifically, DE 102018132258, which is the only prior at of record which meet the limitations of parent claim 9, discloses a second extension portion, however it is flat in cross section and absent a “step” feature.
Claims 12 and 13 also contain allowable subject matter at least due to their ultimate dependence upon claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamazaki US 5,613,727 discloses a vehicle side sill 1 with first 31 and second 32reinforcements. See Fig. 2.
Takashina et al. US 6,409,257 discloses a vehicle side sill 4 with first 5 and second 6 reinforcements. See Figs. 2 and 3.
Montanvert US 7,118,170 discloses a vehicle side sill 18 with first 20 and second 22reinforcements. See Fig. 2. Also note claim 9 where the use of welding or adhesive is disclosed.
Tsuruta et al. US 8,308,227 discloses a vehicle side sill 1 with first 8 and second 9 reinforcements. See Fig. 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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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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/Joseph D. Pape/Primary Examiner, Art Unit 3612