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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glickman et al. (US 20200139894 A1).
Regarding claim 11, Glickman discloses a front end (10) (Fig. 7-8) of a passenger car (10 in Fig. 7-8), comprising: a front cladding element (16) (62 in Fig. 7) which is displaceable between a cladding position (V1) (paragraph 25, 62 is a grille, cladding position is when it is in the grille position, which would be a vertical position similar to Fig. 1, enable by the hinge 66), in which a front end region (20) (Fig. 7, space of 22 behind 62) which is connected to the front cladding element (16) towards a rear in a longitudinal direction of the passenger car is covered towards a front in the longitudinal direction of the passenger car by the front cladding element (16) (Fig. 7 and paragraph 25, when 62 is in its cladding/grille position, it will cover the frunk space 22 from the front), and a stowed position (V2) (Fig. 8), which exposes at least the front end region (20) towards the front in the longitudinal direction of the passenger car; wherein the front cladding element (16) has, at least in the cladding position (V1), a lower edge region (R) (Fig. 7, edge adjacent hinge 66) in a vertical direction of the passenger car and a cladding region (V) connected to the lower edge region (R) upwards in the vertical direction of the passenger car (when pivoted into the vertical cladding/grille position, part of 62 that connects to the lower hinged edge is the cladding region); wherein the front cladding element (16) is displaceable from the cladding position (VI) into the stowed position (V2) (Fig. 7-8) such that when at least the cladding region (V) is pivoted forwards in the longitudinal direction of the passenger car and downwards in the vertical direction (Fig. 7, pivots forward and downward by hinge 66) of the passenger car, the lower edge region (R) is retractable backwards in the longitudinal direction of the passenger car into a receiving chamber (22) (Fig. 8 and paragraph 25, retract into lower part of 22).
Regarding claim 18, Glickman discloses the front end (10) according to claim 11, further comprising a front storage space (24) (Fig. 7-8, at least part of space 22), wherein: the front end region (20) is disposed at least above a partial region (25) of the front storage space (24) in the vertical direction of the passenger car; and/or the front end region (20) is at least a part of the front storage space (24) (Fig. 7-8, front end region is part of the space 22 that is behind 62 when 62 is in its vertical grille/cladding position, therefore the front end region is part of the space 22).
Regarding claim 20, Glickman discloses a passenger car (10 in Fig. 7-8), comprising: the front end (10) according to claim 11.
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Glickman as applied to claim 18 above, and further in view of Salter et al. (US 20200130751 A1).
Regarding claim 19, Glickman discloses the front end (10) according to claim 18, further comprising a front flap (42) having a closed position (Glickman, 18 in Fig. 7 is closed).
Glickman fails to disclose the front flap (42) which is movable between a closed position (ST), which at least partially covers the front storage space (24) upwards in the vertical direction of the passenger car, and an open position (OT) which at least partially exposes the front storage space (24) upwards in the vertical direction of the passenger car.
Salter teaches a front flap (42) (Salter, 18 in Fig. 1) which is movable between a closed position (ST) (Salter, Fig. 1), which at least partially covers the front storage space (24) upwards in the vertical direction (Salter, covers space 22 from above) of the passenger car, and an open position (OT) (Salter, paragraph 14, 18 can lift up to expose space 22) which at least partially exposes the front storage space (24) upwards in the vertical direction of the passenger car.
Salter is considered to be analogous art because it is in the same field of vehicle front end with a cladding element as Salter.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the front end as taught by Glickman to incorporate the teachings of Salter with a reasonable expectation of success and have the hood movable between the closed position and the open position. Doing so provides alternative and/or additional means to access the storage space such that larger items can be easily loaded or unloaded; also allows accessing the space when the grille is malfunctioned.
Allowable Subject Matter
Claims 12-17 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: The primary reason for the allowance of the claims is the inclusion in the claims of the limitations directed to the upper cross member (26) is covered by a bodyshell structure of the passenger car towards the rear in the longitudinal direction of the passenger car, and in which access position the upper cross member (26) is disposed lower in the vertical direction of the passenger car than in the supporting position (A). Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Glickman discloses an upper crossmember 60 (upper half of the grille), but fails to disclose it to be covered by a bodyshell structure of the passenger car towards the rear in the longitudinal direction of the passenger car and disposed lower in the vertical direction of the passenger car in the access position than in the supporting position (A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references that are not relied upon all disclose vehicle front end portion, except for Trautmann (US 3010760 A), which teaches tailgate that retracts after pivoting.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wenwei Zhuo whose telephone number is (571)272-5564. The examiner can normally be reached Monday through Friday 8 a.m. - 4 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WENWEI ZHUO/Examiner, Art Unit 3612
Prosecution Insights