DETAILED ACTION
The following action is in response to the RCE filed for application 18/681,917.
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 .
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 9-23 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.
With regard to claim 9, on the final 2 lines, applicant claims that “the shoulder rests on an edge of an opening of the fastening sleeve.” In the specification, part 16 has been disclosed as being the shoulder:
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Therefore, it is unclear how the shoulder (part 16) rests on a hole (part 12.1) of the fastening sleeve (part 12). The claim will be interpreted as “the shoulder rests on an edge of an opening of the longitudinal member.” This would be problematic with dependent claim 10, which introduces the first and second openings of the longitudinal member.
With regard to claims 15 and 21, the limitation of “the second end” is referencing an end of the fastening sleeve (see claim 9) and not the fastening flange, fastening tab, or cross member. The claims will be treated as best understood.
Claims 10-23 depend upon claim 9.
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.
Claim(s) 9-14, 16-20, and 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chun (US 2020040692, see annotated drawings below for clarification).
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With regard to claim 9, Chung teaches an arrangement comprising: a longitudinal member 10 having a hollow profile, a fastening sleeve 60, wherein the fastening sleeve comprises a base body 61 having a support plate 65 at a first end and a shoulder (Fig. 8) at a second end; and a cross member (Fig. 8) which has at least one fastening flange 6, wherein: the at least one fastening flange of the cross member extends at least in some sections parallel to the longitudinal member (Fig. 8) and is connected to the fastening sleeve 61, and the fastening sleeve is inserted into the longitudinal member and connected in a formfitting manner to the longitudinal member in such a way that the fastening sleeve extends parallel to the cross member (Fig. 8) and introduces acting tensile loads into the longitudinal member, wherein the shoulder (Fig. 8) rests on an edge of an opening 52 of the longitudinal member (Fig. 8). With regard to claim 10, Chung teaches the arrangement, wherein the fastening sleeve 61 passes through a first opening 51 in an inner wall 25 of the longitudinal member and a second opening 52 in an outer wall 41 of the longitudinal member. With regard to claim 11, Chung teaches the arrangement, wherein the support plate 65 rests on an edge of the first opening 51 and forms a first form fit with the inner wall 25 of the longitudinal member (Fig. 5). With regard to claim 12, Chung teaches the arrangement wherein the shoulder (Fig. 8) forms a second form fit with the outer wall 41 of the longitudinal member. With regard to claims 13 and 18-20, respectively, Chung teaches the arrangement, wherein the at least one fastening flange 6 further comprises a fastening tab (Fig. 6). With regard to claim 14, Chung teaches the arrangement, wherein the fastening tab is screwed (via 7) to the fastening sleeve at the first end. With regard to claim 16, Chung teaches
A vehicle (paragraph 2) comprising the arrangement according to claim 9. With regard to claim 17, Chung teaches the arrangement, wherein the shoulder (Fig. 8) forms a second form fit with the outer wall 41 of the longitudinal member. With regard to claim 22, Chung teaches the arrangement, wherein the base body further comprises an internal thread 81. With regard to claim 23, Chung teaches the arrangement, wherein a threaded shaft of a screw 7 is configured to be screwed into the internal thread.
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 (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 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.
Claim(s) 15 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung as applied to claims 13 and 14 above, and further in view of Takii (US 10640154). With regard to claims 15 and 21, Chung teaches the arrangement, wherein the fastening tab 6 is secured to the cross member (Fig. 8) at one end (both parts integral). Chung lacks the specific teaching wherein the two parts are separable and the secured via a weld. Takii teaches a similar arrangement comprising a longitudinal member 20, a fastening sleeve 28, a cross member 54, a fastening tab 60, and welding T2 (and Col. 6, line 40) a means for securing two member together. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Chung to employ a separable fastening tab and cross member and connect the two via welding as the means for securing the fastening tab to the cross member at one end in view of Takii with reasonable expectation for success in order to provide smaller and easier to produce parts as well as a permanent means for securing without additional parts (i.e. bolts). Also, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Response to Arguments
Applicant’s arguments with respect to claim(s) 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Suggestions for Applicant
It is suggested that applicant amend claim 9 to claim the details of the screw connection between the flange and the sleeve. This can be done by including claims 22 and 23 into claim 9, and claiming that the screw is driven through the the flange and second end [of the sleeve, where the shoulder is located] toward the first end [of the sleeve, where the support plate is located]. This would differentiate over the cited Chung reference, wherein the screw 7 is driven through the flange 6 and first end [of the sleeve, where the support plate is located] toward the second end [of the sleeve, where the shoulder is located].
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
June 2, 2026
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