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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Applicant’s information disclosure statements filed 8/15/2024 and 3/25/2025 have been considered and are included in the file.
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 a through hole included in the bottom wall and the side walls recited in 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 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 1-13 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 recites the limitation “a through hole that is included in one of the bottom wall and the side walls”. It is unclear if the through hole is in either the bottom wall or the side walls, or if the through hole is partially through both.
Claims 2-13 are rejected as being dependent upon a rejected claim.
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.
Claims 1 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grabowski et al. (DE 102019123446, hereinafter “Grabowski ‘446”, machine translation attached).
Regarding claim 1, Grabowski ‘446 discloses a vehicle front trunk ((3), Fig. 1) comprising: a storing portion (9) having a box shape (Fig. 9) that opens upward, the storing portion being disposed in front of a vehicular compartment (passenger compartment (11)) and having a storing space (compartments (14), (15), (16), (17) within the interior of (9)) therein, the storing portion including a bottom wall (12) and side walls (13) extending upward from the bottom wall (Fig. 2), the bottom wall and the side walls defining the storing space, and a through hole ((23), (21)) that is included in one of the bottom wall and the side walls and through which the storing space is communicated with an outer space outside the storing portion (Fig. 2).
Regarding claim 3, Grabowski ‘446 discloses the vehicle front trunk of claim 1, and discloses wherein the through hole (23) is in the bottom wall (Fig. 3).
Regarding claim 4, Grabowski ‘446 discloses the vehicle front trunk of claim 1, and discloses wherein the through hole (21) is in a lower edge portion of one of the side walls (Fig. 3, at least one of the through holes (21) is in a lower section of the side wall).
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.
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 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Grabowski et al. (DE 102019123446, hereinafter “Grabowski ‘446”, machine translation attached) in view of Grabowski et al. (DE 102021112621, hereinafter “Grabowski ‘621”, machine translation attached).
Regarding claim 2, Grabowski ‘446 discloses the vehicle front trunk of claim 1, and discloses wherein the through hole is included in one of the bottom wall (23) and a lower edge portion of tone of the side walls (21). However, Grabowski ‘446 does not explicitly disclose wherein the bottom wall is inclined downward as it extends toward the through hole.
Grabowski ‘621, like Grabowski ‘446, teaches a front vehicle component having a bottom wall, and further teaches the bottom wall (37) is inclined downward as it extends toward the through hole ((38), paragraph [0081] of the machine translation, Figs. 2, 10 show a bottom wall inclined downward towards through holes for draining purposes).
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 vehicle front trunk of Grabowski ‘446 to provide an inclined bottom as taught by Grabowski ‘621, with a reasonable expectation of success, in order to provide a pathway for drainage (Grabowski ‘621: paragraph [0081] of the machine translation).
Regarding claim 9, Grabowski ‘446 discloses the vehicle front trunk of claim 2, and discloses wherein the through hole (23) is in the bottom wall (Fig. 3).
Regarding claim 10, Grabowski ‘446 discloses the vehicle front trunk of claim 2, and discloses wherein the through hole (21) is in a lower edge portion of one of the side walls (Fig. 3, at least one of the through holes (21) is in a lower section of the side wall).
Claims 5 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Grabowski et al. (DE 102019123446, hereinafter “Grabowski ‘446”, machine translation attached) in view of Nakamura et al. (US 10384726).
Regarding claim 5, Grabowski ‘446 discloses the vehicle front trunk of claim 3. However, Grabowski ‘446 does not explicitly disclose wherein the storing portion includes a protrusion protruding from the bottom wall and being adjacent to the through hole.
Nakamura et al., like Grabowski ‘466, teaches a storing portion (21), and further teaches wherein a protrusion protruding (31) from the bottom wall (21a) and being adjacent to the through hole ((H), Fig. 5).
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 vehicle front trunk of Grabowski et al. to include a protrusion protruding from the bottom wall and adjacent to the through hole as is taught by Nakamura et al., with a reasonable expectation of success, in order to help incline the floor towards the drain hole to prevent further sitting water if entered into the storing portion.
Regarding claim 11, Grabowski ‘446 as modified by Nakamura et al. teaches the vehicle front trunk of claim 5, and teaches (references to Nakamura et al.) wherein the side walls (21c) include two side walls that are opposite each other with respect to a vehicular width direction, a front wall, and a rear wall, and the protrusion extends along one of the two side walls (Fig. 5, protrusion includes the convex portions (31) that include the portion along the side wall in the figure, col. 6, lines 5-9).
Regarding claim 12, Grabowski ‘446 as modified by Nakamura et al. teaches the vehicle front trunk of claim 11, and teaches (references to Nakamura et al.) wherein the protrusion extends from the front wall to the rear wall (Figs. 4-5 show that the portion along side wall (21c) extends from the front wall to the rear wall).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Grabowski et al. (DE 102019123446, hereinafter “Grabowski ‘446”, machine translation attached) in view of Eckert et al. (US 10710424).
Regarding claim 8, Grabowski ‘446 discloses the vehicle front trunk of claim 1, and disclose wherein the side walls include two side walls that are opposite each other with respect to a vehicular width direction, a front wall, and a rear wall (Fig. 2).
However, Grabowski ‘446 does not disclose wherein a motor for moving a vehicle is disposed outside the rear wall of the storing portion.
Eckert et al., like Grabowski ‘446, teaches a vehicle front trunk, and further teaches the motor (201) for moving a vehicle is disposed outside the rear wall of the storing portion (Fig. 3).
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 vehicle front trunk of Grabowski ‘446 to provide the motor outside of the rear wall of the storing portion, so that one can have access to the storing portion without having to deal with the heat, etc. of the motor.
Allowable Subject Matter
Claims 6-7 and 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Although the references of record show features similar to those of Applicant’s vehicle front trunk, the prior art fails to teach or make obvious the combined limitations of applicant’s claimed invention. Specifically, a hollow member disposed above the through hole, which is expandable and contractable, and between a side wall and the protrusion, along with the other limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLY W. LYNCH whose telephone number is (571)272-5552. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm, Eastern Time, alternate Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLY W. LYNCH/Examiner, Art Unit 3643
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