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 .
This office action is in response to the amendment filed 29 June 2026, in which claims 11, 12, 20, and 21 were amended.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature “the reinforcing pipe profile is connected at the adjoining profile regions via respective two-sided connections to an associated one of the first and second unfinished shell parts” (claim 11), the feature “thereby connecting the reinforcing pipe profile at the adjoining profile regions to an associated one of the first and second unfinished shell parts via respective two-sided connections” (claim 20), the feature “wherein the unfinished shell part joined to the reinforcing pipe profile has a substantially U- shaped cross-section in the box-like structural region” (claim 17), and the feature “wherein the unfinished shell part is joined in the region of the U-shaped cross-section at opposite legs to the reinforcing pipe profile via respective joining connections” (claim 18) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings are also objected to under 37 CFR 1.83(a) because they fail to show the above features as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). In addition, the drawings are objected to because figure 3 is described in the specification as showing certain cross-sectional features, but does not appear to be a cross-section diagram.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 11-21 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. In regards to claims 11, 17, and 20, addition of the word “like” to an otherwise definite expression (“box-like structural region”) extends the scope of the expression so as to render it indefinite (see MPEP 2173.05(b)(III)(E) with respect to the word “type”). Applicant may be able to overcome this rejection by rephrasing “box-like structural region” to read --box-shaped structural region--. Clarification and rephrasing are required.
Claim Rejections - 35 USC § 102
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 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) 11-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barz et al. (US 6467834 B1). Barz et al. discloses an unfinished component for a motor vehicle body (embodiment in figures 8 and 9 set forth below, other embodiments may also apply), comprising:
(claims 11, 20) a first and a second unfinished shell part which delimit a cavity in a box-like structural region (shell parts are walls of vehicle frame structure defining a cavity, which can be “used in any location within an automotive vehicle frame” such as, “pillar to door regions, roof to pillar, mid-pillar, roof rails, windshield or other window frames, decklids, hatches, removable top to roof locations, other vehicle beltline locations, motor rails, lower sills, cross members, lower rails, and the like”; column 5, line 46-column 6, line 2; see example in marked-up drawing of figure 9 below);
a reinforcing pipe profile (skeleton member #20) arranged in the cavity and connected to at least one of the first and second unfinished shell parts (connected to walls of vehicle frame structure at least by expandable material layer #46, which is a bonding foam, and body shop welds; Abstract; figures 8, 9; column 5, lines 36-45);
wherein, the reinforcing pipe profile (#20) includes a plurality of recesses (including through-holes #48 and/or recesses between ribs #44), each arranged adjacent to one or more adjoining profile regions (including regions receiving expandable material layer #46 and/or body shop welds) of the reinforcing pipe profile, such that the reinforcing pipe profile is connected at the adjoining profile regions via respective two-sided connections to an associated one of the first and second unfinished shell parts (skeleton member #20 connected to walls of vehicle frame structure by expandable material layer #46 located on two sides of portions including ribs #44 and on two sides of through-holes #48, as well as body shop welds enabled via through-holes #48; figures 8, 9; column 5, lines 36-45);
(claims 12, 21) wherein the reinforcing pipe profile (#20) is connected to the associated unfinished shell part (walls of vehicle frame structure) via respective spot-welding connections (including body shop welds enabled via through-holes #48; column 5, lines 36-45);
(claim 13) wherein the reinforcing pipe profile (#20) is formed as an internal high-pressure formed part into which the respective recesses are incorporated during or after the internal high-pressure forming (formed by molding metal, plastic, or composites capable of compression molding to generate strength; column 1, lines 38-43; column 4, lines 54-67);
(claim 14) wherein the unfinished component is formed as a wing part (such as, door, decklid, or hatch) of the vehicle body (column 5, line 46-column 6, line 2);
(claim 15) wherein the wing part is a tailgate, door or hood (such as, door, decklid, or hatch; column 5, line 46-column 6, line 2);
(claim 16) wherein an inner one of the unfinished shell parts (walls of vehicle frame structure) is joined to the reinforcing pipe profile (#20; figure 9);
(claim 17) wherein the unfinished shell part (walls of vehicle frame structure) joined to the reinforcing pipe profile (#20) has a substantially U- shaped cross-section in the box-like structural region (to the same extent as Applicant’s claimed invention; figure 9);
(claim 18) wherein the unfinished shell part (walls of vehicle frame structure) is joined in the region of the U-shaped cross-section at opposite legs to the reinforcing pipe profile (#20) via respective joining connections (skeleton member #20 connected to walls of vehicle frame structure by expandable material layer #46 at joining connections seen in figures 8, 9 and body shop welds; column 5, lines 36-45);
(claim 19) wherein the reinforcing pipe profile (#20) and the unfinished shell part (walls of vehicle frame structure) connected thereto are formed from base alloys of the same materials (for example, they can both be made of metal or metal alloy; metal of skeleton member #20 discussed in column 4, lines 54-67; metal of walls of vehicle frame structure can be seen in cross-section in figure 9, with cross section drawing symbols discussed in MPEP 608.02(IX)).
The method of claims 20 and 21 read on the apparatus set forth above.
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Response to Arguments
Applicant's arguments filed 29 June 2026 have been fully considered but they are not persuasive.
In regards to page 5 and the drawing objections, Applicant argues that the two-sided connections are shown in figure 2-3 and explained in paragraphs 0023-0025 of the specification. Paragraphs 0023-0024 do not discuss the two-side connections. Paragraph 0025 discusses a two-sided connecting/joining method, which is symbolically shown as a spot-welding connection (#14) in figure 2, and as an alternative can include riveting, clinching, or other connecting/joining methods. As best understood, while a two-sided connection is discussed, figure 2 only shows a one-sided connection. Paragraph 0026 discusses a two-sided joining connection between legs (#15, 16) of unfinished shell part (#2) and wall regions (#17, 18) of reinforcing pipe profile (#9) via recesses (#11), indicated as spot-welding connections (#19) in figure 3. As best understood, while a two-sided connection is discussed, figure 3 only shows a one-sided connection. Further explanation is requested to better understand the two-sided connection.
In regards to page 5 and the drawing objections, Applicant argues that a substantially U-shaped cross-section is shown in figure 3 and explained in paragraph 0026. As an initial matter, figure 3 is described in the specification and Applicant’s arguments as showing certain cross-sectional features, but does not appear to be a cross-section diagram, which was included in the original drawing objections set forth in the previous non-final office action, and was not addressed in Applicant’s arguments. In addition, figure 3 does not show a substantially U-shaped cross-section. Further explanation is requested to better understand what is intended with this limitation.
In regards to page 5, amendment of the specification overcomes the objection to the specification set forth in the non-final office action.
In regards to page 5 and the claim objection, Examiner’s objection to claim 17 was based on an understanding that Applicant intended for the phrase “box-like structural region” in dependent claim 17 to be the same feature as “box-shaped structural region” in preceding claim 11. Applicant’s reply to this objection to change all recitations of “box-shaped structural region” to “box-like structural region” has resulted in a new 35 U.S.C. 112(b) rejection, as set forth above.
In regards to page 6 and the rejection of claims 11-21 under 35 U.S.C. 112(a), Applicant’s further explanation of the adjoining profile regions as “the regions of the reinforcing pipe profile wall that directly adjoin the recesses and are thereby rendered accessible for two-sided connection from the interior of the pipe profile through those recesses”, and further explanation of the two-sided connection as “one that requires and exploits accessibility on both sides of the joint simultaneously, with spot welding, riveting, and clinching identified as specific examples of two-sided connections” overcomes the 35 U.S.C. 112(a) rejection.
In regards to page 6, amendment of the claims overcomes the original rejection of claims 11-21 under 35 U.S.C. 112(b) set forth in the non-final office action.
In regards to page 6, amendment of the claims overcomes the original rejection of claims 12 and 21 under 35 U.S.C. 112(d) set forth in the non-final office action.
In regards to page 7 and the rejection of claims 11-21 under 35 U.S.C. 102(a)(1) as being anticipated by Barz et al. (US 6467834 B1), Applicant argues that the expandable foam (#46) does not reasonably correspond to the claimed two-sided connection since it is only applied from one side and expands under heat to contact surrounding surfaces. As an initial matter, Barz et al. (US 6467834 B1) discloses both expandable foam (#46) and body shop welds enabled via through-holes (#48; figures 8, 9; column 5, lines 36-45). In addition, the features relied upon in the arguments, including details of the two-sided connection allowing for simultaneous tool access to two sides, are not part of the claims and are not set forth in the originally filed specification. While claims are interpreted in light of the specification, the specification does not provide specific explanation, definitions, or support to require the additional details included in the arguments. Under the broadest reasonable interpretation of the claims, Barz et al. (US 6467834 B1) discloses wherein the reinforcing pipe profile (#20) includes a plurality of recesses (including through-holes #48 and/or recesses between ribs #44), each arranged adjacent to one or more adjoining profile regions (including regions receiving expandable material layer #46 and/or body shop welds) of the reinforcing pipe profile, such that the reinforcing pipe profile is connected at the adjoining profile regions via respective two-sided connections to an associated one of the first and second unfinished shell parts (skeleton member #20 connected to walls of vehicle frame structure by expandable material layer #46 located on two sides of portions including ribs #44 and on two sides of through-holes #48, as well as body shop welds enabled via through-holes #48; figures 8, 9; column 5, lines 36-45), as set forth above.
In regards to page 8 and the rejection of claims 11-21 under 35 U.S.C. 102(a)(1) as being anticipated by Barz et al. (US 6467834 B1), Applicant argues that neither the spaces between the ribs (#44) nor the through-holes (#48) are adjacent to one or more adjoining profile regions of the reinforcing pipe profile, such that the reinforcing pipe profile is connected at the adjoining profile regions via respective two-sided connections to an associated one of the first and second unfinished shell parts. Barz et al. (US 6467834 B1) discloses wherein the reinforcing pipe profile (#20) includes a plurality of recesses (including through-holes #48 and/or recesses between ribs #44), each arranged adjacent to one or more adjoining profile regions (including regions receiving expandable material layer #46 and/or body shop welds) of the reinforcing pipe profile, such that the reinforcing pipe profile is connected at the adjoining profile regions via respective two-sided connections to an associated one of the first and second unfinished shell parts (skeleton member #20 connected to walls of vehicle frame structure by expandable material layer #46 located on two sides of portions including ribs #44 and on two sides of through-holes #48, as well as body shop welds enabled via through-holes #48; figures 8, 9; column 5, lines 36-45), as set forth above.
In regards to pages 7-8 and the rejection of claims 11-21 under 35 U.S.C. 102(a)(1) as being anticipated by Barz et al. (US 6467834 B1), it appears Applicant is relying on a concept that a two-sided connection is understood in the art to correlate to particular locations on a reinforcing pipe profile with respect to unfinished shell parts, which is not the case in this situation. Also, the locations of the two sides of this connection were not set forth in the originally filed specification or the originally filed drawings, and thus cannot be relied upon to provide more structure to the claims than the broadest reasonable interpretation of the actual claim limitations.
Examiner makes additional mention of previously cited document Gericke et al. (US 6416119 B1), which also discloses an unfinished component for a motor vehicle body, and method for producing such a component, including the claimed unfinished shell parts, reinforcing pipe profile with recesses, and two-sided spot-welding connections via the recesses.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
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