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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Specification
The disclosure is objected to because of the following informalities: at [0025], the disclosure is unclear and appears to be the opposite of what is later set forth in [0054]. It is unclear to what dimension applicant is referring and further explanation is requested.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the dimension of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 2 is objected to because of the following informalities: on line 6, a comma should be inserted after “member” and on line 9, a comma should be inserted after “direction” for clarity when reading the claim. 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.
Claims 2, 9-16 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 pre-AIA the applicant regards as the invention.
Claim 2 is further indefinite because though the language is reiterated in the specification at [0006] there is no further explanation for what part of the tip end portion “approaches” the side frame. Looking to the specification, it is clear that the lower member (4) itself linearly approaches the side frame (1) ([0024]) but not that the tip end portion itself does the same. Further explanation is requested and the claims will be examined as best understood.
Claims 9 and 16 recite “the vehicle widthwise outer side surface” which lacks antecedent basis in the claims. This limitation is first introduced in claims 4 and 11 from which claims 9 and 16 do not depend.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by JP 037 (JP 2008-222037).
For claim 1, JP 037 discloses a vehicle body structure comprising:
a side frame (1) extending in a front-rear direction; and
a lower member (6) located outside the side frame in a vehicle width direction and extending in the front-rear direction,
wherein the lower member (6) is set such that a tip end portion (near to 5) of lower member located apart from a passenger compartment has a dimension in a vehicle width direction that is larger on a passenger compartment side (right hand side of FIGS.1-2) than on a tip end side in the front-rear direction (see FIG.2).
For claim 2, JP 037 discloses a vehicle body structure comprising:
a side frame (1) extending in a front-rear direction; and
a lower member (6) located outside the side frame in a vehicle width direction and extending in the front-rear direction,
wherein a tip end portion (near 5) of the lower member which is located apart from a passenger compartment (right hand side of FIGS.1-2) and which approaches the side frame (1) as the tip end portion goes away from the passenger compartment in the front-rear direction.
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Claims 1-3 and 10 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by JP 572.
For claim 1, JP 572 discloses a vehicle body structure comprising:
a side frame (1) extending in a front-rear direction; and
a lower member (3) located outside the side frame in a vehicle width direction and extending in the front-rear direction,
wherein the lower member (3) is set such that a tip end portion (near R, 34, FIG.2) of lower member located apart from a passenger compartment has a dimension in a vehicle width direction that is larger on a passenger compartment side than on a tip end side in the front-rear direction.
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For claim 2, JP 572 discloses a vehicle body structure comprising:
a side frame (1) extending in a front-rear direction; and
a lower member (3) located outside the side frame in a vehicle width direction and extending in the front-rear direction,
wherein a tip end portion (near R, 34, FIG.2) of the lower member,
which is located apart from a passenger compartment and
which approaches the side frame (1) as the tip end portion goes away from the passenger compartment in the front-rear direction,
is connected to the side frame (via the additional components as seen in FIG5).
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For claim 3 and 10, the lower member includes a flange portion (33) which faces in the vehicle width direction and which projects from the tip end portion along the front-rear direction, and the lower member is connected to the side frame, indirectly. via the flange portion.
For claims 9 and 16, the flange portion (33) includes an extended piece (20h) that is a piece projecting in a direction away from the passenger compartment, and the extended piece is connected to a vehicle widthwise outer side surface (via the gusset 20) of the side frame.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over JP 572 in view of JP 2008-195204 (JP 204).
For claim 8,15, JP 572 lacks a subframe (3) located below the side frame and fixed to the side frame, wherein the tip end portion of the lower member is fixed to the subframe.
JP 204 teaches a side frame (front side frame 11) that extends along the front-rear direction and is located outside the side frame in the vehicle width direction,
a lower member (upper member 12) connected to the side frame; the lower member extending in the direction that approaches the side frame as it moves away from the vehicle interior in the front-rear direction, and a protruding end portion (bent portion 12b) located away from the vehicle interior; and
a subframe (13) located below the side frame and fixed to the side frame, and the tip of the lower member is fixed to the subframe (13).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided with the vehicle body structure of JP 572 a subframe attached to the tip end portion as taught by JP 204 in order to provide a rigid foundation for key mechanical components of the vehicle.
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over JP 572 as applied above in view of JP 2015-30375 (JP 375).
For claims 4 and 11, JP 572 lacks the lower member (3) including a load transmission member as recited.
JP 375 teaches a vehicle front structure having a side frame (front side member 20) and a lower member (connecting member 64) which moves toward the passenger compartment due to an offset collision. Additionally, a load transmitting member (load transmitting portion 80) contacts a side surface provided (FIGS. 4-8).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the structure of JP 572 with a load transmission member as taught by JP 375 which comes into contact with a vehicle widthwise outer side surface of the side frame in order to reinforce same during an offset collision.
Claims 6-7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over JP 037 in view of WO 2013/179759 (WO 759).
For claims 6-7 and 13-14, JP 037 discloses the side frame includes a bumper beam at a tip end of the side frame, the bumper beam extending in the vehicle width direction while overlapping with the lower member in the front-rear direction.
JP 037 lacks a portion of the bumper beam outside the side frame is set to have a rigidity that decreases as the portion goes outward and wherein the portion of the bumper beam outside the side frame in the vehicle width direction is set to have a dimension in the front-rear direction that reduces as the portion goes outward.
WO 2013/179759 (WO 759) discloses that in a vehicle body frame structure, a side frame (front side frame 11) has a bumper beam (13) that extends along the vehicle width direction while overlapping a lower member (lower member 12, gusset 23) in the front-rear direction at its tip. The bumper beam (1) is provided with a stiffness of a portion of the bumper beam (1) which is set to be lower toward the outside than the side frame, and a stiffness of the bumper beam (13) is set to be lower in a portion of the bumper beam (13) which is outside of the side frame in the vehicle width direction. The dimensions in the front-rear direction are set smaller toward the outside.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the bumper beam of JP 037 with a beam as taught by WO 759 in order to engineer desired impact energy characteristics.
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over JP 572, as applied above, in view of JP 2008-62695 (JP 695).
For claims 5 and 12, JP 572 fails to disclose the flange portion including a bead which extends in the front-rear direction while forming a corrugation in the vehicle width direction.
JP 695 teaches an upright flange portion (14) provided with a bead (20b) extending in the direction of protrusion of the upright flange portion (14) (FIG. 3). The bead (20b) along with the portions on either lateral side of the bead (20b) form a corrugation (20).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for the flange portion of JP 572 a bead and corrugation as taught by JP 695 in order to stiffen the flange portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes JP 2018-095060 which shows corrugated flange portions welded to other vehicle components in at least FIGS. 3-4 and 6. JP 060 teaches the use of such a configuration with a flange portion including beads and corrugations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 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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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B