DETAILED ACTION
The following action is in response to the amendment filed for application 18/681,917 on August 12, 2026.
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 § 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, 11-14, 16-20, and 22-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chung (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, an inner wall 25 having a first opening 51, and an outer wall 41 having a second opening 52, 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 configured to be inserted into the longitudinal member in an insertion direction from the first opening 51 in the inner wall toward the second opening 52 in the outer wall (paragraph 54), 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 the second opening 52 of the outer wall 41 (Fig. 8). 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. With regard to claim 24, Chung teaches the arrangement,
wherein an impact of the cross member on an obstacle is configured to cause a tensile load on the screw 7 corresponding to the insertion direction of the fastening sleeve. With regard to claim 25, Chung teaches the arrangement, wherein the tensile load is configured to be distributed into the inner wall of the longitudinal member (Fig. 8). With regard to claim 26, Chung teaches the arrangement, wherein the tensile load is configured to be distributed into the outer wall of the longitudinal member (Fig. 8).
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 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 members 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
With regard to the Chung ‘’982 reference, applicant argues the following:
Regarding the Examiner's admission, head portion 65 is "formed on the bottom end of the first cylindrical portion 61 of the mounting hardware 60." See paragraph [0052]. Moreover, "the bottom wall 25 of the inner portion 21 may support the head portion 65 of the mounting hardware 60" and "the head portion 65 of the mounting hardware 60 may be firmly fixed to the bottom wall 25." See paragraphs [0056] and [0063]. Hence, the subject matter related to the insertion direction SR distinguishes the amended claims from Chung's arrangement.
Based on applicant’s arguments, it appears as if applicant is arguing that the emphasized bottom wall does not read on the claimed limitation of “the inner wall” in claim 9. It can be shown, however, that applicant has not claimed any context of the location of “the inner wall” and “the outer wall.” In claim 9, the inner and outer walls are only labels with regard to individual walls of the longitudinal member. Therefore, a bottom wall 25 of the longitudinal member 10 has been interpreted as the “inner wall.” It is understood that in the present invention, a top wall 3.1 of the longitudinal member 3 is considered the inner wall. However, this has not been positively claimed.
Applicant’s arguments have been considered, but are not persuasive.
Suggestions for Applicant
A suggestion would be for applicant to amend lines 10-11 of claim 9 as follows:
inserted into the longitudinal member in an insertion direction from the first opening in the inner wall towards the fastening flange and the second opening in the outer wall, and
This addition would differentiate over the Chung reference.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
September 8, 2026
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