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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi (JP 2014008835 A).
Regarding Claim 1, Hayashi teaches a vehicle rear section structure comprising: left and right rear side members (Fig. 7 elements 12 and 14) that are respectively provided at both vehicle width direction sides of a rear floor pan, and that each extend in a vehicle front-rear direction (Shown in Fig. 7); a rear cross member that extends in a vehicle width direction (Fig. 7 element 16), both vehicle width direction end portions of the rear cross member being respectively joined with vehicle front-rear direction rear end portions of the left and right rear side members (Shown in Fig. 7); a battery or a fuel tank that is provided between the left and right rear side members, and that is disposed at a vehicle up-down direction lower side of the rear floor pan (Fig. 7 element 42); and a first weak portion (Fig. 8 element 30) that is provided at a side toward a joining portion, which joins with the rear cross member, in each rear side member, that is weaker than other portions of the rear side member, and that is set so as to induce deformation of the rear side member toward a vehicle width direction inner side and toward a vehicle up-down direction lower side at a time of a collision from a vehicle rear side (Deformation shown in Fig. 8).
Regarding Claim 2, Hayashi teaches the limitations set forth in Claim 1 and further discloses a second weak portion (Fig. 8 element32) that is provided in each rear side member further toward the vehicle rear side than the battery or the fuel tank and further toward a vehicle front side than the first weak portion, that is weaker than other portions of the rear side member, and that is set so as to induce deformation of the rear side member toward the vehicle up-down direction lower side at the time of a collision from the vehicle rear side (Deformation shown in Fig. 8).
Regarding Claim 3, Hayashi teaches the limitations set forth in Claim 2 and further discloses the first weak portion is a first bead that is provided in each rear side member at a vehicle width direction inner side and at a vehicle up-down direction upper end portion (Fig. 8 element 30), and that is formed to be concave toward a vehicle width direction outer side, and the second weak portion (Fig. 8 element 32) is a second bead that is provided in each rear side member at a vehicle up-down direction lower portion side, and that is formed to be concave toward a vehicle up-down direction upper side, a depth of the first bead being set so as to be deeper than a depth of the second bead (Shown in Fig. 8).
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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (JP 2014008835 A) in view of Souma et al. (US 20110290838 A1).
Regarding Claim 5, Hayashi teaches the limitations set forth in Claim 1.
Hayashi fails to explicitly teach each rear side member is configured with a plurality of members in the vehicle front-rear direction, and vehicle front-rear direction positions of welding portions at which the members are welded together are set so as to be different positions at a vehicle width direction inner side and a vehicle width direction outer side of the rear side member.
However, Souma teaches each rear side member is configured with a plurality of members in the vehicle front-rear direction, and vehicle front-rear direction positions of welding portions at which the members are welded together are set so as to be different positions at a vehicle width direction inner side and a vehicle width direction outer side of the rear side member (Fig. 5 shows side member 2 comprised of elements 10 and 11).
Hayashi and Souma are considered analogous to the claimed invention as they are in the same field of vehicle rear structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the side members of Hayashi to be comprised of a plurality of members as disclosed by Souma. Doing so would simplify the manufacturing of the side members. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Allowable Subject Matter
Claim 4 is 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
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/E.A./Examiner, Art Unit 3644
/Nicholas McFall/Primary Examiner, Art Unit 3644