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 .
Specification
The amendment to the specification filed 1/30/2026 is accepted.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“first connecting member”, “second connecting member”, “third connecting member” and “fourth connecting member” in claim 1;
“seventh connecting member” and “eighth connecting member” in claim 6; and
“means for fastening the thermal treatment device to an element of a motor vehicle” in claim 15.
For claims 1 and 6, the claim limitations include a generic placeholder “member” coupled with functional language “connecting” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
According to first paragraph on page 5 in the specification and Fig. 5 “first connecting member” has a structure of a channel and “second connecting member” a structure of a strip,
paragraph 7 on page 5 “third connecting member” has a structure of a channel and “fourth connecting member” has a structure of a strip,
paragraph 3 on page 5 “fifth connecting member” has a structure of a channel and “sixth connecting member” has a structure of a strip, and
first paragraph on page 17 and Fig. 19 “seventh connecting member” has a structure of a channel and “eighth connecting member” has a structure of a strip.
Paragraphs 5-7 on page 6 and Figs. 13, 14 and 16 disclose three alternative structures of “means for fastening the thermal treatment device to an element of a motor vehicle”:
first means 221 in Fig. 13 having a first screwing means 221a and first screw holes 221b made through the fastening plate 206,
second means 222 in Fig. 14 having a pair of U-shaped fastening members 222a, or
third means 223 in Fig. 16 having two pairs of L-shaped fastening brackets 223a.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 4 is 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 4 recites the limitation "the second direction" in last line. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, “the second direction" in claim 4 is construed as -- a second direction that is parallel to the first plane and the second plane--.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hitt (US PGPub No. 2004/0200598).
Regarding claim 1, Hitt discloses a support component (frame members 24 and 26, Fig. 3) comprising
a U-shaped body (U shaped body of the frame members 24 and 26), the body comprising:
a base (horizontal section of the frame members 24 and 26) extending inside a base plane (a horizontal plane on the horizontal section, see annotated figure below),
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a first branch (vertical section of the frame member 24) extending in a first direction (a vertical direction of a vertical section of the frame member 24) and in a first plane (a vertical plane on the vertical section of the frame member 24) orthogonal to the base plane (the vertical plane of the frame 24 is orthogonal to the horizontal plane), and
a second branch (vertical section of the frame member 26) extending in a second direction that is parallel to the first direction (a vertical direction of a vertical section of the frame member 26 that is parallel to the vertical section of the frame member 24) and in a second plane (a vertical plane on the vertical section of the frame member 26) orthogonal to the base plane (the vertical plane of the frame 26 is also orthogonal to the horizontal plane),
wherein the body extends between a first end provided with a first connecting member (see annotated figure below) and a second end provided with a second connecting member (see annotated figure below),
the base comprising a first face that intersects the base plane (the face at an end of the “3rd connecting member (channel)” in annotated figure below that intersects the horizontal plane) and is provided with a third connecting member and a fourth connecting member (see annotated figure below),
wherein:
the third connecting member extends along a third direction (the “3rd connecting member“ extends along a horizontal direction),
the fourth connecting member extends along a fourth direction that is parallel to the third direction (the “4th connecting member“ extends along a horizontal direction and parallel to the horizontal direction of the “3rd connecting member “), and
the third direction and the fourth direction are contained inside the base plane (the horizontal directions of both the 3rd and 4th connecting members are contained inside boundaries of the base plate as in the annotated figure above),
the base comprising a second face (top face of the horizontal section) that is parallel to the base plane (the top face of the horizontal section is parallel to the horizontal plane) and provided with a first arm provided with a fifth connecting member (brace 60 of the frame 24 with slit 64) and a second arm provided with a sixth connecting member (brace 60 of the frame 26 in a strip structure), and
wherein the first arm and the second arm being are interposed between the first branch and the second branch (the braces 60 are positioned between the vertical sections).
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Regarding claim 2, Hitt in claim 1 further discloses wherein the first arm and the fifth connecting member extend in a first direction that is parallel to the first plane and the second plane (the brace 60 of the frame 24 with slit 64 has a vertical component of extension parallel to the vertical planes, see annotated figure above).
Regarding claim 3, Hitt in claim 1 further discloses wherein the second arm and the sixth connecting member extend in a second direction that is parallel to the first plane and the second plane (the brace 60 of the frame 26 also has a vertical component of extension parallel to the vertical planes, see annotated figure above).
Regarding claim 4, Hitt in claim 2 further discloses wherein the first arm (brace 60 of the frame 24) bears a first leg (a fork with the slit 64 in between that connects or holds the brace 60) provided with a first fastening groove (“slider” in annotated figure above) and the second arm (brace 60 of the frame 26) bears a second leg (a fork with the slit 64 in between that connects or holds the brace 60) provided with a second fastening groove (“slider” in annotated figure above),wherein the first leg and the second leg extending extend in the same leg direction (width extension of the brace 60 of the frame 24; and length extension of the brace 60 of the frame 26 both pointing to the same direction) intersecting the first direction and the second direction (the same direction intersects the vertical extension of both the brace 60 of the frames 24 and 26).
Regarding claim 5, Hitt in claim 1 further discloses wherein the body is provided with at least a pair of fastening sliders (a pair of slots allowing brace 60 slide between the slits, see “slider” in annotated figure above) comprising at least one first fastening slider provided on either one of the two branches (one provided on second branch at frame 26) and at least one second slider provided on the base or the other of the two branches (another one provided on first branch at frame 24 or at the base of the U-shaped structure).
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.
Claim(s) 8, 9, 12, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hitt (US PGPub No. 2004/0200598) in view of Tang (US Patent No. 10,428,515).
Regarding claim 8, Hitt further discloses a support portion (Fig. 3) comprising two identical support components as claimed in claim 1 (two identical U-shaped frames),
Hitt fails to disclose wherein the first connecting member of either one of the support components and the second connecting member of the other of the support components are interlocking members capable of interacting with each other to form first means for connecting the support components.
Note that “interlocking members” implies an interlock structure and not invoking 112(f). Further, “first means for connecting the support components” refers to the interlock structure and also not invoking 112(f).
Tang, directed to a connection of a thin sheet channel steel structure, discloses a first connecting member (pressing members 6 in a C shaped channel member 1, see Figs. 6-8) and a second connecting member (grooves 5 on a beam 7 inserted into the C shaped channel member 1) are interlocking members (pressing members 6 interlocks the grooves 5) capable of interacting with each other to form first means for connecting the C member 1 and beam 7.
Therefore, the channel of the first connecting member in Hitt may be modified to include the pressed protrusions 6; and the strip of the second connecting member in Hitt may be modified to include grooves 5. The protrusions 6 and grooves 5 engage as shown in Fig. 8 as interlocks to form first means for connecting the support components (i.e., connecting the two identical U-shaped frames).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first connecting member of either one of the support components and the second connecting member of the other of the support components are interlocking members capable of interacting with each other to form first means for connecting the support components in Hitt as taught by Tang in order to obtain a simple and high strength structure (col. 4, lines 34-42 of Tang).
Regarding claim 9, Hitt as modified in claim 8 further discloses wherein the first connecting member of either one of the support components is in the form of a channel (the first connecting member is a channel as interpreted in 112(f) above) capable of receiving the second connecting member of the other of the support components, which is in the form of a strip (the second connecting member is a strip as interpreted in 112(f) above and is received into the channel) provided on one of its faces with first teeth capable of interacting with second teeth provided on a wall defining the channel (the ridges between the grooves 5 and protrusions 6 as taught by Tang are the first and second teeth that engages together).
Regarding claim 12, Hitt in claim 8 fails to disclose wherein the third connecting member of either one of the support portions and the fourth connecting member of the other of the support portions are interlocking members capable of interacting with each other to form means for attaching the support portions.
As noted in claim 8 above, Tang discloses a first connecting member (pressing members 6 in a C shaped channel member 1, see Figs. 6-8) and a second connecting member (grooves 5 on a beam 7 inserted into the C shaped channel member 1) are interlocking members (pressing members 6 interlocks the grooves 5) capable of interacting with each other to form first means for connecting the C member 1 and beam 7.
Note that “interlocking members” implies an interlock structure and not invoking 112(f). Further, “means for attaching the support components” refers to the interlock structure and also not invoking 112(f).
Similar to the first and second connecting members above, the third (channel) and fourth (strip) connecting members may be modified respectively to include the pressed protrusions 6 and the grooves 5. The protrusions 6 and grooves 5 engage as shown in Fig. 8 as interlocks to form means for attaching the support portions (i.e., attaching the two identical U-shaped frames).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the third connecting member of either one of the support portions and the fourth connecting member of the other of the support portions [[(100)]] are interlocking members capable of interacting with each other to form means for attaching the support portions in Hitt as taught by Tang in order to obtain a simple and high strength structure (col. 4, lines 34-42 of Tang).
Regarding claim 14, Hitt as modified further discloses a thermal treatment device (the two identical U-shaped frames with heat exchangers 14 and 16, Figs. 1 and 2) comprising; a support as claimed in claim 12 (the two identical U-shaped frames) and a heat exchanger (14 or 16) housed inside an inner volume (a volume in a rectangle with rounded corner shape) delimited by the support (defined by the two identical U-shaped frames).
Regarding claim 15, Hitt as modified further discloses a thermal treatment device as claimed in claim 14 (the two identical U-shaped frames with heat exchangers 14 and 16); and means for fastening the thermal treatment device to an element of a motor vehicle (supports 70 each having a fastening plate with bolts 74 penetrate through).
Allowable Subject Matter
Claims 6, 7, 10, 11 and 13 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.
Regarding claims 6-7, Hitt further discloses a first support element (frame member 24) in the form of an elbow (L shaped frame) extending inside the base plane and the first plane (the frame 24 extends within the horizontal plane and the vertical plane of the vertical extension of the frame 24), and a second support element (the frame member 26) in the form of an elbow (L shaped frame) extending inside the base plane and the second plane (the frame 26 extends within the horizontal plane and the vertical plane of the vertical extension of the frame 26). However, the frame 24 has only two channel structures (the third and fifth connecting members), and fails to disclose “a seventh connecting member” in a channel structure as interpreted in the 112(f) above. The frame 24 also fails to disclose “the second arm”.
Further, the frame 26 only has two strip structure (the fourth and sixth connecting members), and fails to disclose “an eighth connecting member” in a strip structure as interpreted in the 112(f) above. The frame 24 also fails to disclose “the first arm”.
Regarding claims 10-11, the fifth connecting member and the sixth connecting member (in annotated above) are structured respectively as a channel and a strip and fails to disclose an interlock structure implied in the limitation “interlocking members”. The crosspiece 60 in Hitt is provided for reinforcing purpose and the channel and strip structure of the crosspieces 60 are provided to fit a shorter length/width heat exchanger by receiving the strip into the channel to shorten the frame. Although an interlock structure is known in Tang, the channel and strip structure of the crosspieces 60 in Hitt are never meant for attaching or fixing so that one skilled in the art lacks sufficient motivation to modify.
Regarding claim 13, which is dependent from claim 8 that requires two identical support components or the two U shaped frames in Hitt. Hitt only discloses the third connecting member of either one of the support portions is in the form of a channel (the third connecting member is a channel as interpreted in 112(f) above) capable of receiving the fourth connecting member of the same support portion, which is in the form of a strip (the second connecting member is a strip as interpreted in 112(f) above and is received into the channel). Therefore, Hitt fails to disclose “the third connecting member of either one of the support portions is in the form of a channel capable of receiving the fourth connecting member of the other of the support portions, which is in the form of a strip” required in the claim 13.
Response to Arguments
Applicant's arguments filed 1/30/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument to 112(b) to claim 4, the claim 4 as filed on 1/30/2026 does not include the amendment discussed in the remarks.
In response to applicant’s argument that Hitt fails to disclose “the third connecting member extends along a third direction, the fourth connecting member extends along a fourth direction that is parallel to the third direction, and the third direction and the fourth direction are contained inside the base plane”, the locking mechanism 50 is not mapped as the third connecting member.
Instead, the channel labelled as “3rd connecting member (channel)” in the annotated figure above having an opening that receives a strip labelled as ”4th connecting member (strip)” may be the “third connecting member” as claimed; and the corresponding strip labelled as “4th connecting member (strip)” may be the “fourth connecting member” as claimed. The channel is in particular with the channel structure of the third connecting member as interpreted in 112(f) above. Both the channel with the opening and the strip extend parallelly in a horizontal direction, and the horizontal directions are within the base plane (shown in a new annotated figure of Fig. 3 above) as required in claim 1.
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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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
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