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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-6, in the reply filed on 19 August 2026 is acknowledged.
Claim 7 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 19 August 2026.
Drawings
The drawings were received on 5/24/2024. These drawings are acceptable.
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 1-6 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 both an apparatus, plastic article, and a process of manufacturing the apparatus by claiming a jig restraining the plastic components and thereby joining the two components together, thus appearing to be a mix of two statutory categories and making the claim indefinite as it is unclear if an apparatus is being claimed or the process. See MPEP 2173.05(p).
Claims 2-6 are rejected by virtue of their dependency on claim 1.
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 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Tanikawa et. al. (US 20040200450) in view of Uematsu (US 20060086334).
Regarding claim 1, Tanikawa et. al. teaches: A plastic article, comprising: a first component made of plastic (first component 146 [Fig. 15 and Para. 108, lines 1-4] made of plastic [Para. 78, lines 2-5]); and a second component made of plastic (second component 135 [Fig. 15 and Para. 108, lines 4-8]), wherein the first component includes a first joint surface (first joint surface 25a [Fig. 8]), the second component includes a second joint surface joined to the first joint surface (second joint surface 38a [Fig. 8]), a direction in which the first joint surface and the second joint surface face each other is defined as a facing direction, the first component includes a contact surface that is located on a side opposite to the first joint surface in the facing direction (there is a contact surface opposite the first joint surface 25a in the facing direction [Fig. 8]) and with which a jig for restraining the first component comes into contact when the first component and the second component are joined to each other (a jig contacts the first component to join the two components together [Para. 92, lines 1-6]), the contact surface includes a general portion and a protruding portion that protrudes further in the facing direction than the general portion (protruding portion circled and general portion boxed in marked Fig. 8 below)
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Tanikawa et. al. fails to teach: and the first component includes at least one recess in an outer side surface located between the first joint surface and the contact surface in a part in which the protruding portion is provided, the recess opening in the outer side surface.
Uematsu teaches: and the first component includes at least one recess in an outer side surface located between the first joint surface and the contact surface in a part in which the protruding portion is provided, the recess opening in the outer side surface (contains a recess 25 in an outer side surface between first joint surface 22a and contact surface 22 [Fig. 6]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Tanikawa et. al. with the recesses of Uematsu in order to provide the welding joints with an opening to confirm a state of progress of the welding while joining the two components together (Uematsu – Para. 15, lines 1-16).
Regarding claim 2, the combination teaches: The plastic product according to claim 1, wherein the first component has an elongated shape elongated in a longitudinal direction orthogonal to the facing direction (first component 15 has elongated shape in longitudinal direction [Uematsu – Fig. 6]), the outer side surface includes an outer side surface extending in the longitudinal direction (outer side surface 22 extends in longitudinal direction [Uematsu – Fig. 6]), and the at least one recess includes a recess provided in the outer side surface extending in the longitudinal direction (comprises at least one recess 25, 26, 27 in the outer side surface [Uematsu – Figs. 6-8]).
Regarding claim 3, the combination teaches: The plastic product according to claim 2, wherein a direction orthogonal to both the facing direction and the longitudinal direction is a width direction, the outer side surface extending in the longitudinal direction is one of outer side surfaces extending in the longitudinal direction and located on opposite sides in the width direction (Across width direction of each component contains outer side surface located opposite a joint surface in the facing direction [Tanikawa et. al. – Fig. 15]), and the at least one recess includes recesses respectively provided in the outer side surfaces located on the opposite sides in the width direction (Recess provided along the outer side surface [Uematsu – Fig. 6-8] and would therefore be provided on opposing sides of the components in width direction).
Regarding claim 4, the combination teaches: The plastic product according to claim 2, wherein the first component includes a projection provided on an outer surface, the projection includes a tubular boss (First component comprises a projection including a tubular boss [Tanikawa et. al. - encircled in marked Figs. 12 and 15 below]), a direction orthogonal to both the facing direction and the longitudinal direction is a width direction (contains a width direction [Tanikawa et. al. - Fig. 15]), and the at least one recess includes a recess that is provided in the outer side surface extending in the longitudinal direction and is provided at a position overlapping with the boss in the width direction (Recess provided along the outer side surface [Uematsu – Fig. 6-8] and as the tubular boss is surrounded by the joints, the recesses would overlap the boss in the width direction).
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Regarding claim 6, the combination teaches: The plastic product according to claim 2, wherein each of the first component and the second component is a half body of a branch pipe that forms an intake manifold of an internal combustion engine (first and second components form an intake manifold [Tanikawa et. al. – Para. 103, lines 2-18]).
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection 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:
The prior art of record does not disclose or reasonably suggest the plastic product comprising the features set forth in dependent claim 5.
US 20040200450 to Tanikawa et. al. and US 20060086334 to Uematsu may be seen as close prior art in certain aspects but fail to expressly teach the plastic product comprising at least one recess with a locking surface facing away from the second component in the facing direction as described in claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Miyahara et. al. (US 20040145177) teaches: a coupling structure for a hollow body comprised of a first and second half with joint surfaces and raised portions (abstract and Fig. 3).
Yamaguchi (US 20190203676) teaches: an intake manifold with an upper, middle, and lower member comprised of flanged welding portions (abstract and Fig. 2).
Sakurada (US 20190375165) teaches: a bonded body formed by a first member and second member comprising flange like welded portions (abstract and Fig. 3).
Chaffin et. al. (US 6021753) teaches: a plastic intake assembly with two half bodies that are joined together at a mating surface with an adhesive (abstract and Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DENNIS LEARY whose telephone number is (571)272-1685. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm.
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/JOSHUA D LEARY/Examiner, Art Unit 3753
/MICHAEL R REID/Primary Examiner, Art Unit 3753
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