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 .
The preliminary amendment filed 11 July 2024, in which claims 1-8 were canceled and claims 9-16 were added, has been entered.
Drawings
Figure 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Specification
The substitute specification filed 11 July 2024 has been entered.
Claim Objections
Claim 9 is objected to because of the following informalities: Examiner suggests changing “the lower right and left portion” to --the lower right and left portions-- (line 10), since plural portions are being claimed. Appropriate correction is required.
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 9-16 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 claim 9 and the phrase “A front member assembly for an automotive vehicle comprising:” (line 1), it is unclear if a front member assembly comprises the subsequent limitations, or an automotive vehicle comprises the subsequent limitations. As best understood, Applicant intends for the front member assembly to comprise the subsequent limitations. As such, Examiner suggests rephrasing to read --A front member assembly for an automotive vehicle, the front member assembly comprising:--. 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) 9-11, 14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harasaki (US 4406343 A). Harasaki discloses a front member assembly (sub-frame assembly #1; figures 1, 2) for an automotive vehicle (automobile mentioned throughout specification) comprising:
(claim 9) an upper shell (including top plates #2b, 3b) and a lower shell (including bottom plates #2a, 3a), each comprising respectively a right portion (including top plate #3b and bottom plate #3a of right side member #3) and a left portion (including top plate #2b and bottom plate #2a of left side member #2) extending substantially in a longitudinal direction, each of the right and left portions being linked together by a transverse portion (rear cross member #6) extending substantially in a transverse direction between attachment points located at a rear of the left and right portions, the upper and lower right portions defining together a right hollow volume (can be seen between top plate #3b and bottom plate #3a in figure 4), the upper and lower left portions defining together a left hollow volume (can be seen between top plate #2b and bottom plate #2a in figure 3), the right and left hollow volumes extending from a front of the right and left portions to the attachment point of the right and left portions with the respective transverse portions, the upper right and left portions being delimited by a lower contour inner and outer (including inner and outer side walls of top plates #2b, 3b that end in inner and outer flanges), the lower right and left portion being delimited by an upper contour inner and outer (including inner and outer ends of bottom plates #2a, 3a), wherein the upper and lower shells are assembled together by attachment at least along part of the corresponding lower and upper contours (top plates #2b, 3b and bottom plates #2a, 3a are assembled together at inner and outer flanges of top plates #2b, 3b and inner and outer ends of bottom plates #2a, 3a; figures 1-4; columns 2-4);
(claim 10) wherein the upper and lower contours (inner and outer flanges of top plates #2b, 3b and inner and outer ends of bottom plates #2a, 3) are flat flanges and wherein the upper and lower shells (including top plates #2b, 3b and bottom plates #2a, 3a) are assembled together by attachment along the flanges (figures 3, 4; column 2, line 40-column 3, line 29);
(claim 11) wherein the upper and lower shells (including top plates #2b, 3b and bottom plates #2a, 3a) are each made by forming a single metallic sheet (figures 1-4; metallic material can be seen at least in cross-section in figures 7 and 10, and with reference to drawing symbols in MPEP 608.02(IX));
(claim 14) an automotive vehicle (automobile mentioned throughout specification) comprising the front member assembly (sub-frame assembly #1; figures 1, 2);
(claim 16) wherein the front member assembly (#1) is assembled to a dash panel (#D; figure 1; column 2, lines 29-39; column 3, lines 48-64).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harasaki (US 4406343 A) in view of Haga et al. (US 11565299 B2). Harasaki does not specifically disclose wherein the upper and lower shells (including top plates #2b, 3b and bottom plates #2a, 3a) are each made by forming a single tailor welded blank by hot stamping. Haga et al. teaches vehicle body members made by forming a tailor welded blank by hot stamping (hot stamping discussed throughout specification; tailor welded blank and vehicle body members discussed in related art in columns 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front member assembly of Harasaki to include hot stamping, as taught by Haga et al., so as to provide a hot stamped product which is excellent in thermal stability and strength, while allowing for use of thinner metal sheets for a reduction in vehicle body weight (Haga et al.: columns 1-2).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harasaki (US 4406343 A) in view of Hanakawa et al. (US 6736448 B2). Harasaki does not specifically disclose wherein the front member assembly (#1) is assembled to a front bumper assembly. Hanakawa et al. teaches a front member assembly (including front frames #11 and perimeter frame #24) for an automotive vehicle (vehicle discussed throughout specification), wherein the front member assembly is assembled to a front bumper assembly (including bumper reinforcement #16; figures 1, 2; column 3, line 46-column 4, line 18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front member assembly of Harasaki to be assembled to a front bumper assembly, as taught by Hanakawa et al., so as to join the front member assembly to a bumper reinforcement (Hanakawa et al.: column 3, line 46-column 4, line 18), with the use of a front bumper being exceedingly well known in the art for the predictable result of providing additional strength and protection to at least the front end of the vehicle.
Allowable Subject Matter
Claim 13 appears to be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 allowable subject matter of claim 13 is a non-deformable portion extending over a rear part of the right and left portions of the upper and lower shells and over at least part of the transverse portions of the upper and lower shells, in combination with other features of claims 9 and 13. While Harasaki (US 4406343 A) does not specifically disclose deformable and non-deformable portions, Harasaki (US 4406343 A) could be modified by Hanakawa et al. (US 6736448 B2) or Cornell et al. (US 6938948 B1), each of which teaches a front member assembly including left and right portions comprising deformable and non-deformable portions, wherein resistance to plastic deformation of the deformable portions is lower than the resistance to plastic deformation of the non-deformable portions. However, Hanakawa et al. (US 6736448 B2) and Cornell et al. (US 6938948 B1) do not specify a non-deformable portion extending over a rear part of the right and left portions of the upper and lower shells and over at least part of the transverse portions of the upper and lower shells.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses front and rear vehicle frame and subframe assemblies. Of particular note are the following:
Kozuka (US 7971895 B2), Yamada et al. (US 10207740 B2), and Hasegawa et al. (US 11097780 B2) disclose upper and lower hat-shaped shells for rear vehicle member assemblies, with Yamada et al. (US 10207740 B2) and Hasegawa et al. (US 11097780 B2) also teaching hot stamped sheet metal with deformable and non-deformable sections.
Schaper (US 4095819 A), Mori (US 8393672 B2), Tyan et al. (US 8641129 B2), Tsunemi et al. (US 11541933 B2), and Ihara (US 12139199 B2) disclose upper and lower hat-shaped shells, with Mori (US 8393672 B2) also teaching tailor welded blanks.
McGill (US 6554176 B2) and Stockard et al. (US 8991901 B2) disclose front vehicle crush boxes with upper and lower hat-shaped shells.
Mori (US 8434789 B2) and Ohhama et al. (US 9067621 B2) disclose vehicle front member assemblies including upper and lower hat-shaped shells.
Viaux (US 10647359 B2) discloses vehicle frame members with tailor welded blanks.
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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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
Prosecution Insights