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
Claims 1 – 18 have been examined.
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.
Claims 1, 9 – 10, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishida et al. (JP2009137525). In regard to claims 1, 9, and 17, Nishida discloses a hood assembly for a vehicle, the hood assembly comprising a hood inner panel (Fig. 4, item 4), an outer hood panel connected to the hood inner panel (Fig. 4, item 3), and an anti-flutter bracket that includes a bracket body (Fig. 4, items 11 and 12) and an energy absorption material that is softer than the bracket body located between the outer hood panel and a first flat area of the bracket body that extends parallel to the outer hood panel (Fig. 4, items 18 and 19).
In regard to claim 9, Nishida discloses wherein the bracket body is installed to an inner hood panel (Fig. 5, item 24).
In regard to claim 10, Nishida discloses wherein the energy absorption material is bonded to the bracket thereby (Figs. 4 and 5).
Allowable Subject Matter
Claims 2 – 8, 11 – 16, and 18 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: Nishida et al. (JP2009137525) discloses a hood assembly similar to the instant invention; however Nishida, either alone or in combination, neither discloses nor suggests a hood assembly wherein (in regard to claims 2 and 18) the energy absorption material is bonded only to the bracket body thereby allowing the anti-flutter bracket to move independently of the outer hood panel when there is thermal expansion of the outer hood panel, and (in regard to claims 3 and 11) wherein the bracket body comprises a second flat area with double sided adhesive tape and a pinch feature that together engage the hood inner panel. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ishitobi (7,810,877) discloses an automobile hood;
Shastry et al. (9,663,149) disclose a vehicle hood stiffener;
Rivera et al. (10,787,201) disclose a vehicle bonnet construction;
Onaka et al. (11,623,696) disclose a vehicle bonnet structure;
Honda (JP2024003526) discloses a vehicle front part structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
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