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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 03/08/2024.
Claims 1-20 are currently pending and have been examined.
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 1, 11, and 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 and 11 recites the limitation: keeper and/or the bracket. The use of “and/or” renders the claim indefinite as it is unclear if the claim covers only the keeper, only the bracket, or both the keeper and bracket. One of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant may overcome this rejection by separating the alternatives into distinct claims or clarifying the combination to avoid uncertainty.
Claim 16 recites the limitation: keeper is disposed on the axis of the rod vehicle-rearward of the rod. It is unclear how the axis of the rod vehicle-rearward of the rod defines the limitation and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant may overcome this rejection by defining the orientation of the keeper on a vehicle-rearward side of the rod. Examiner has read the claim as the keeper on a vehicle-rearward side of the rod.
Claims 2-10 and 12-20 are rejected for depending on a rejected indefinite claim.
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.
Claims 1-3, 5-6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Farooq et al. (US12208758) in view of Fichtinger et al. (US10875480).
Claim 1. Farooq, as best understood by the indefinite language, discloses: A vehicle-bumper assembly comprising:
a bumper (14 bumper; Fig. 2,5);
a rod (42 stud; Fig. 3-4) fixed relative to the bumper and elongated along an axis (Fig. 3-5);
a bracket (40 plate; Fig. 2-5) spaced from the bumper along the axis of the rod (Fig. 2-5), the rod being movably engaged with the bracket (42 is movably engaged or connected with 40 as illustrated in Fig. 4-5) between a design position (extended position; Col. 6, lines 43-46) and a retracted position (compressed position; Col. 6, lines 43-46);
a spring (44 spring; Fig. 3-4, 5) between the bumper and the bracket (Fig. 3-4, 5), the spring resiliently forcing the bumper away from the bracket along the axis of the rod toward the design position (Fig. 3-4, 5; Col. 7, lines 40-42),
a keeper (48 head, Fig. 4-5) releasably engaged with the bracket (48 is releasable or decouples from 40, Fig. 5B), the keeper maintaining the rod in the design position when the keeper is engaged with the bracket (48 controls the axial distance between 14 and 40 and when 48 is engaged or coupled with 40, configures 14 in the extended position; Fig. 5A); and
Farooq does not disclose:
a lock movable between a locked position in which the lock couples the keeper and the bracket and an unlocked position in which the lock is decoupled from the keeper and/or the bracket.
Fichtinger discloses a bumper system comprising of a spring and a shear bolt wherein the bolt shears in the event of a collision and allows the spring to compress and retract the bumper.
Fichtinger teaches: a lock (56 breaking points on 50 shear bolt, Fig. 4) movable between a locked position (before shearing, Fig. 4) in which the lock couples the keeper and the bracket and an unlocked position (after shearing; Col. 5, lines 25-43) in which the lock is decoupled from the keeper and/or the bracket (lock is decoupled from 28 after shearing; Col. 5, lines 25-43).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bumper assembly of Farooq by including a shear bolt between the rod and bracket as taught by Fichtinger with a reasonable expectation of success in order to hold the bumper in the design position until a collision event as taught by Fichtinger (Col. 5, lines 25-43).
Claim 2. Farooq in view of Fichtinger teaches: The vehicle-bumper assembly of claim 1, further comprising a releasable connection between the keeper and bracket (48 is releasable or decouples from 40; see previously rejected claim 1).
Claim 3. Farooq in view of Fichtinger teaches: The vehicle-bumper assembly as set forth in claim 2, wherein the releasable connection is designed to release the keeper from the bracket (Farooq: 48 decouples from 40 in the compressed state, Fig. 5B) in response to certain frontal-vehicle impacts (Farooq: frontal collisions, Col. 6, lines 11-14; Fichtinger: collision event; Col. 5, lines 25-43).
Claim 5. Farooq in view of Fichtinger teaches: The vehicle-bumper assembly as set forth in claim 1, wherein the rod extends through the bracket and the bracket is between the keeper and the bumper (Farooq: Fig. 4-5).
Claim 6. Farooq in view of Fichtinger teaches: The vehicle-bumper assembly as set forth in claim 5, wherein the keeper is disposed on the axis of the rod (Farooq: Fig. 4-5).
Claim 10. Farooq in view of Fichtinger teaches: The vehicle-bumper assembly as set forth in claim 1, wherein the spring is on the rod (Farooq: Fig. 4-5).
Claims 1, 5-7, 9, 11-13, and 15-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Farooq et al. (US12208758) in view of Faruque (US8113555).
Claim 1. Farooq, as best understood by the indefinite language, discloses: A vehicle-bumper assembly comprising:
a bumper (14 bumper; Fig. 2,5);
a rod (42 stud; Fig. 3-4) fixed relative to the bumper and elongated along an axis (Fig. 3-5);
a bracket (40 plate; Fig. 2-5) spaced from the bumper along the axis of the rod (Fig. 2-5), the rod being movably engaged with the bracket (42 is movably engaged with 40 as illustrated in Fig. 4-5) between a design position (extended position; Col. 6, lines 43-46) and a retracted position (compressed position; Col. 6, lines 43-46);
a spring (44 spring; Fig. 3-4, 5) between the bumper and the bracket (Fig. 3-4, 5), the spring resiliently forcing the bumper away from the bracket along the axis of the rod toward the design position (Fig. 3-4, 5; Col. 7, lines 40-42).
Farooq does not disclose: a keeper releasably engaged with the bracket, the keeper maintaining the rod in the design position when the keeper is engaged with the bracket; and
a lock movable between a locked position in which the lock couples the keeper and the bracket and an unlocked position in which the lock is decoupled from the keeper and/or the bracket.
Faruque discloses vehicle impact mitigation system comprising of a bumper, spring, locking pin and actuator.
Faruque teaches: a keeper (305 locking pin, Fig. 6A) releasably engaged with the bracket (305 is releasably engaged or connected with 295 bracket, Fig. 6A), the keeper maintaining the rod in position when the keeper is engaged with the bracket (305 controls the axial distance between 235 bumper and 295 when 305 is engaged or coupled with 295; Fig. 6A); and
a lock (lock comprises of 315 hydraulic actuator and 325 hydraulic line, Fig. 6A) movable between a locked position (Fig. 6A) in which the lock couples the keeper and the bracket and an unlocked position (Fig. 6B) in which the lock is decoupled from the keeper and/or the bracket.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bumper assembly of Farooq by including the hydraulic locking mechanism between the rod and bracket as taught by Faruque with a reasonable expectation of success in order to hold the bumper in position as taught by Faruque (Col. 6, line 45 – Col. 7, line 13).
Claim 5. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 1, wherein the rod extends through the bracket and the bracket is between the keeper and the bumper (Farooq: Fig. 4-5; Faruque: Fig. 6).
Claim 6. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 5, wherein the keeper is disposed on the axis of the rod (Faruque: Fig. 6).
Claim 7. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 6, wherein the lock includes an actuator (Faruque: 315 hydraulic actuator, Fig. 6) and a latch (Faruque: coupling element between 315 and 305; Fig. 6) movable by the actuator.
Claim 9. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 7, wherein the actuator is on the keeper (Faruque: 315 is integral to 305, Fig. 6).
Claim 11. Farooq, as best understood by the indefinite language, discloses: A vehicle comprising:
a vehicle frame (12 vehicle frame, Fig. 2);
a bumper;
a rod fixed relative to the bumper and elongated along an axis;
a bracket fixed relative to the vehicle frame and spaced from the bumper along the axis of the rod, the rod being movably engaged with the bracket between a design position and a retracted position;
a spring between the bumper and the bracket, the spring resiliently forcing the bumper away from the bracket along the axis of the rod toward the design position (see previously rejected claim 1 of Farooq in view of Faruque).
Farooq does not disclose: a keeper releasably engaged with the bracket, the keeper maintaining the rod in the design position when the keeper is engaged with the bracket; and
a lock movable between a locked position in which the lock couples the keeper and the bracket and an unlocked position in which the lock decouples the keeper and/or the bracket.
Faruque further teaches: a keeper releasably engaged with the bracket, the keeper maintaining the rod in the design position when the keeper is engaged with the bracket; and
a lock movable between a locked position in which the lock couples the keeper and the bracket and an unlocked position in which the lock decouples the keeper and/or the bracket (see previously rejected claim 1 of Farooq in view of Faruque).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bumper assembly of Farooq by including the hydraulic locking mechanism between the rod and bracket as taught by Faruque with a reasonable expectation of success in order to hold the bumper in position as taught by Fichtinger (Col. 6, line 45 – Col. 7, line 13).
Claim 12. Farooq in view of Faruque teaches: The vehicle-bumper assembly of claim 11, further comprising a releasable connection between the keeper and bracket (see previously rejected claim 1 of Farooq in view of Faruque).
Claim 13. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 12, wherein the releasable connection is designed to release the keeper from the bracket (Farooq: 48 decouples from 40 in the compressed state, Fig. 5B) in response to certain frontal-vehicle impacts (Farooq: frontal collisions, Col. 6, lines 11-14).
Claim 15. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 11, wherein the rod extends through the bracket (Farooq: Fig. 4-5; Faruque: Fig. 6) and the keeper is on a vehicle-rearward side of the bracket (Faruque: 305 is on rearward side of 295, Fig. 6).
Claim 16. Farooq in view of Faruque, as best understood by the indefinite language, teaches: The vehicle-bumper assembly as set forth in claim 15, wherein the keeper is disposed on the axis of the rod vehicle-rearward of the rod (Farooq: Fig. 5; see previously rejected claim 6 of Farooq in view of Faruque).
Claim 17. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 16, wherein the lock includes an actuator and a latch movable by the actuator (see previously rejected claim 7 of Farooq in view of Faruque).
Claim 19. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 17, wherein the actuator is on the keeper (see previously rejected claim 9 of Farooq in view of Faruque).
Claim 20. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 11, wherein the spring is on the rod (Farooq: Fig. 4-5; Faruque: Fig. 4-6).
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Farooq et al. (US12208758) in view of Faruque (US8113555) and further in view of Fichtinger et al. (US10875480).
Claim 4. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 1. Farooq in view of Faruque does not teach: a shear pin between the keeper and the bracket.
Fichtinger discloses a bumper system comprising of a spring and a shear bolt wherein the bolt shears in the event of a collision and allows the spring to compress and retract the bumper.
Fichtinger teaches: a shear pin (50 shear bolt, Fig. 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bumper assembly of Farooq in view of Faruque by including a shear bolt between the keeper and bracket as taught by Fichtinger with a reasonable expectation of success in order to hold the bumper in the extended position until a collision event as taught by Fichtinger (Col. 5, lines 25-43).
Claim 14. Farooq in view of Faruque teaches: The vehicle-bumper assembly as set forth in claim 11. Farooq in view of Faruque does not teach: a shear pin between the keeper and the bracket.
Fichtinger further teaches: a shear pin (50 shear bolt, Fig. 4).
Allowable Subject Matter
Claims 8 and 18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 7:30 AM to 5:00 PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara 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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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676