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 .
Application Status
Claims 1-10, 12-21 are pending and have been examined in this application
This communication is the first action on the merits
Claims 1-10, 12-21 are rejected herein
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 7/11/2024 and reviewed by the examiner.
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 2, 4, 7-10, and 12-21 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.
Claim 2 is indefinite because it recites “the longitudinal wall…is to both tubes (1, 2)“. It is unclear what the relationship is between the longitudinal wall and both tubes. This appears to be a typographical error. This can be amended to “the longitudinal wall is joined to both tubes (1, 2).”
Claim 4 recites the limitation "wherein the longitudinal wall (5) is arranged between the first transverse wall (6) and a second transverse wall (7)." There is insufficient antecedent basis for the limitation “the first transverse wall.”
Claim 4 is indefinite because it is unclear whether the limitations “the first transverse wall” and “a second transverse wall” are (a)separate, (b)included within or (c) some other interpretation relative to the limitation “at least one transverse wall (6, 7)” from Claim 1 which Claim 4 depends on.
Claim 5 is indefinite because it recites “according to claim 1, wherein the transverse wall (6, 7)”. There is insufficient antecedent basis for the limitation “the transverse wall.” This can be amended to “the at least one transverse wall”.
Claim 7 is indefinite because it recites “comprising two sub-elements (3, 4), each of which comprises a longitudinal wall (5) and at least one transverse wall (6, 7)”. It is unclear whether these are the same longitudinal wall and transverse wall recited in claim 1 or how many total walls are required. Claim 7 also recites “at least one transverse wall”, but later positively requires two when it recites “the longitudinal wall (5) of each sub-element (3, 4) is arranged between the first transverse wall (6) and a second transverse wall (7).” This additionally makes it unclear how many walls are required.
Claim 8 is indefinite because it recites “the connecting element (1) is rotationally movable”. This appears to be a typographical error. This can be amended to “the connecting element (10) is rotationally movable”.
Claim 9 is indefinite because it recites “the first end…is configured to to the first tube.” It is unclear what the relationship is between the first end and the first tube. This appears to be a typographical error. This can be amended to “the first end…is configured to be joined to the first tube.”
Claim 10 recites the limitation "comprises at least one section (12) for joining to at least one tube (1, 2), and wherein the connecting section (12 ) ". There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “at least one section (12)” and “the connecting section (12)” refer to the same piece.
Claim 10 recites the limitation "at least one transverse wall (6,7) of the sub-element (3, 4) " in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim. “The sub-element (3,4)” has not been introduced within this dependency, so it should be amended to “at least one transverse wall (6,7) of a sub-element (3, 4)
Claim 10 recites the limitation "the connecting section (12) projects at least on one side opposite the at least one transverse wall (6, 7) of the sub-element (3, 4)". It is unclear which direction the projection is intended or how that projection is opposite to at least one transverse wall. It is not shown how the connecting section(12) projects opposite to at least one of the transverse walls. Within the figures, the transverse walls are shown to be perpendicular relative to the connecting section. If the projection is meant to be from the connecting section (12) towards the opposite tube, then the line of projection would be parallel to, not opposite to.
Claim 10 recites the limitation "one transverse wall (6,7) of the sub-element (3, 4) " in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim. “The sub-element (3,4)” has not been introduced within this dependency, so it should be amended to “one transverse wall (6,7) of a sub-element (3, 4)
Claim 10 recites the limitation “comprises at least one section (12) for joining to at least one tube (1, 2), and wherein the connecting section (12)”. There is insufficient antecedent basis for this limitation in the claim. “The connecting section” has not been introduced within this dependency, so it should be amended to either “a connecting section (12)” or “the at least one section (12)”.
Claim 12 recites the limitation “crease”. This is unclear because this use of crease does not follow the typical definition, which includes folding of the material. This may be amended to a “protrusion” or a “rib”.
Claim 13 recites in the preamble “A crossmember (15) for a vehicle having at least a first tube (1) and a second tube (2), comprising” It is unclear whether the applicant’s intended use language is (a) for a vehicle, (b) for a vehicle having at least a first tube (1) and a second tube (2) or (c) some other interpretation.
Claim 19 recites “rotating the connecting element (10) about the first tube (1) until a dead stop (12) of the connecting element (10) comes to rest on the second tube (2) of the crossmember (15), and permanently joining the connecting element (10) to the second tube (2) at least in the region of the dead stop (12).” This is unclear because the region 12 is shown to be on the first tube in Fig. 4, but this claims the connecting section dead stop is within the region of the second tube.
Dependent claims 12, 14, 15, 16, 17, 18, 20 and 21 are also rejected due to their dependencies.
Appropriate correction is 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) 1-10, 13-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US Pat. No. 20100052366 A1 "Schmieder").
Regarding Claim 1, Schmieder teaches a connecting element (10) (26) for joining a first tube (1) to a second tube (2) of a crossmember (15) for a vehicle, comprising: at least one longitudinal wall (5) (62 and 66 on one side, 60 and 64 on the reverse) adjoined by at least one transverse wall (6, 7) (30 and 28), wherein the at least one transverse wall (6, 7)(30) at a first end (9)( at 38) has an edge (8)(38) adapted to a circumferential contour of an outer circumference of the first tube (1) (14) (38 adapted to the circumferential contour of 14), and said edge (8) at least partially circumferentially abuts the outer circumference of the first tube (1) (38 adapted to the circumferential contour of 14), and wherein a first end (11)(at 48) of the longitudinal wall (5) (62 and 66 on one side, 60 and 64 on the reverse) has a section (12)(48) configured to be joined to the second tube (2) (16) to establish an assembled position of the connecting element (10).
Regarding Claim 2, Schmieder teaches the connecting element (10) according to claim 1, wherein the longitudinal wall (5) (62 and 66 on one side, 60 and 64 on the reverse) extends from the first tube (1) to the second tube (2) in the assembled position of the connecting element (10) and is to both tubes (1, 2)(The walls 62, 66, 60 and 64 each extend from the first tube 14 to the second tube 16).
Regarding Claim 3, Schmieder teaches the connecting element (10) according to claim 1, wherein the at least one transverse wall (6, 7) and the longitudinal wall (5) are either joined to one another or the at least one transverse wall (6, 7) is formed integrally with the longitudinal wall (5) (28 is joined to 60).
Regarding Claim 4, Schmeider teaches the connecting element (10) according to claim 1, wherein the longitudinal wall (5) (60 and 64) is arranged between the first transverse wall (6)(28) and a second transverse wall (7)(30) that is spaced apart from the first transverse wall (6) (28 and 30 are spaced apart).
Regarding Claim 5, Schmeider teaches the connecting element (10) according to claim 1, wherein the transverse wall (6, 7) (28 and 30) defines a width (16) (distance between 66 and 60 defines a width) and a second end (19)(36), and the width (16) of the transverse wall (6, 7) decreases or tapers toward the second end (19) of the transverse wall (6, 7) opposite to the edge (8) (width tapers between 38 and 36 ends, see Fig. 3).
Regarding Claim 6, Schmeider teaches the connecting element (10) according to claim 1, wherein the longitudinal wall (5) (62 and 66) at the first end (11) (at 48) is configured to be respectively joined to one of the first tube or second tube (1, 2) (48 is joined to 16) and at a second end (21) (at 50, opposite 48) opposite to the first end (11), and wherein the connecting element (10) is configured to be joined with at least one transverse wall (6, 7) to one of the first tube or second tube tubes (1, 2) at or near a second end (21) of the longitudinal wall (5) (66 is connected to 14 at 50 and is joined with 30).
Regarding Claim 7, Schmeider teaches the connecting element (10) according to claim 1, further comprising two sub-elements (3, 4)(58 and 56), each of which comprises a longitudinal wall (5)(56 has wall 60 and 58 has wall 64) and at least one transverse wall (6, 7) (56 has 28 and 58 has 30), and the longitudinal wall (5) of each sub-element (3, 4) is arranged between the first transverse wall (6) and a second transverse wall (7) spaced apart from the first transverse wall (6) (60 and 64 are between 28 and 30).
Regarding Claim 8, Schmeider teaches the connecting element (10) according to claim 7, wherein the at least one transverse wall (6, 7) of the first sub-element (3) (30) has the edge (8) (38) or an edge region adapted to the circumferential contour of the first tube (1) (38 adapted to the circumferential contour of 14), and wherein the at least one transverse wall (6, 7) of the second sub-element (4) (28) has the edge (8) (32) or an edge region adapted to the circumferential contour of the first tube (1) (32 adapted to circumferential contour of 14), wherein the edges (8) or edge regions at least partially circumferentially abut the outer circumference of the first or second tube (1), and the connecting element (1) is rotationally movable with respect to the first tube (1)(30 and 28 circumferentially abut the outer circumference of 14 and they can rotate about 14).
Regarding Claim 9, Schmeider teaches the connecting element (10) according to claim 7, wherein the first end (11) (at 48) of the longitudinal wall (5) of the first sub-element (3) is configured to be joined to the second tube (2) (66 joined to 16 at 48) in an assembled position of the connecting element (10), and wherein the first end (11) of the longitudinal wall (5) of the second sub-element (4)(62 is joined to 16 at 48) is configured to to the first tube (2) in the assembled position of the connecting element (10).
Regarding Claim 10, Schmeider teaches the connecting element (10) according to claim 1, wherein the longitudinal wall (5) comprises at least one section (12)(50) for joining to at least one tube (1, 2) (50 joins to 14), and wherein the connecting section (12) projects at least on one side opposite the at least one transverse wall (6, 7) of the sub-element (3, 4)(projection of 66 runs from 50 towards 48, creating a parallel projection that is therefore opposite the transverse wall 30) and is adapted as a dead stop by which the sub-element (3, 4) comes to rest against one of the tubes (1, 2) (56 and 58 rest against 50 when they are stopped) with the connecting element (10) in an assembled position.
Regarding Claim 13, Schmeider teaches crossmember (15)(10) for a vehicle having at least a first tube (1)(14) and a second tube (2)(16), comprising: a connecting element (10) for joining the first tube (1) to the second tube (2) according to claim 1 (26).
Regarding Claim 14, Schmeider teaches the crossmember (15) according to claim 13, wherein the connecting element (10) (26) comprises sub-elements (3, 4) (56 and 58) that are joined to one another (56 and 58 are joined together), and wherein at least one transverse wall (6, 7) of the sub-elements (3, 4) is joined with or joined to the tubes (1, 2) (30 and 28 are each joined to 16 and 14).
Regarding Claim 15, Schmeider teaches the crossmember (15) according to claim 13, wherein, with the connecting element (10) in the assembled position, the longitudinal wall (5)(66 and 62) and the two transverse walls (6, 7) (30 and 28) of the two sub-elements (3, 4) (56 and 58) of the connecting element (10) form the shape of a polygonal profile (shape of 26 is a polygon in a sectional plane view of Fig. 3), in a sectional plane spanning between the two tubes (1, 2) and parallel to the longitudinal direction of the tubes (1, 2).
Regarding Claim 16, Schmeider teaches the crossmember (15) according to claim 14, wherein the respective transverse walls (6, 7) (30 and 28) of the two sub-elements (3, 4) (56 and 58) when in an assembled position are arranged inside each other or offset from one another (30 and 28 are offset from one another by the longitudinal walls 62 and 66), and wherein the transverse walls (6, 7) are at least partially joined to one another in the assembled position (30 and 28 are joined together in the assembled position because they are connected to the longitudinal walls 62 and 66).
Regarding Claim 17, Schmeider teaches the crossmember (15) according to claim 14, wherein the first and second sub-elements (3, 4) (56 and 58) of the connecting element (10) (26) are joined to the first tube (1)(14) and also are joined to the second tube (2)(16) with a substance-to-substance bond. (The end walls are connected to the tubes via welding, which is a substance-to-substance bond; See paragraph 0019 lines 13-17)
Regarding Claim 18, Schmeider teaches the crossmember (15) according to claim 13, wherein the first tube (1)(14) and the second tube (2)(16) are arranged relative to one another with an offset (17) transverse to the longitudinal direction of the tubes (1, 2) (the two tubes are offset by a distance defined by the length of 30 and 28), and in the longitudinal direction of the tubes (1, 2) are arranged with an overlap region (18) extending over a partial length of the first tube (1) and over a partial length of the second tube (2)(a longitudinal overlap region is defined by the length of 62 and 66) such that a first end (13)(22) of the first tube (1)(14) is arranged next to the second tube (2)(16) and a second end (14)(24) of the second tube (2) is arranged next to the first tube (1)(the two ends 22 and 24 are arranged next to the opposite tubes 16 and 14 respectively).
Regarding Claim 19, Schmeider teaches a method for joining two tubes (1, 2) of a crossmember (15) for a vehicle, comprising placing a connecting element (10)(26) according to claim 1 rotationally movably onto the first tube (1)(14) of the crossmember (15)(10) and rotating the connecting element (10)(26) about the first tube (1) until a dead stop (12)(50) of the connecting element (10) comes to rest on the second tube (2)(16) of the crossmember (15), and permanently joining the connecting element (10) to the second tube (2) at least in the region of the dead stop (12)(26 is may be placed on 14 and rotated towards 16 before welding, when 26 reaches the other tube, 50 will be stopped and 26 will come to rest, then the second tube may be permanently joined to 26 while 26 is in the region of 50).
Regarding Claim 20, Schmeider teaches the method according to claim 19, wherein the connecting element (10)(26) is permanently joined to the first tube (1)(14) after it comes to rest on the second tube (2)(16) with the dead stop (12)(50). (After being welded to the second tube at rest, 26 will be stopped at 50 and can be permanently joined to the first tube).
Regarding Claim 21, Schmeider teaches the method according to claim 19, wherein the connecting element (10) (26) comprises two sub-elements (3, 4) (56 and 58), and wherein the first sub-element (3) is rotationally movable placed onto the first tube (1) and the second sub-element (4) is rotationally movable placed onto the second tube (2) (both 56 and 58 can rotate about either tube), and wherein the first sub-element (3) (56) and the second sub-element (4) (58) are rotated in relation to the respective tube (1, 2) until a dead stop (12) (44) of the first sub-element (3) comes into contact with the second tube (2) (56 comes into contact with 16 and stops along 44) and a dead stop (12) (50) of the second sub-element (4) comes into contact with the first tube (1) (58 comes into contact with 14 and stops along 50), and wherein the connecting element (10) is joined to the first tube (1) and the second tube (2) at least at these contact points (26 is joined to the tubes along these lines 50 and 44).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Schmieder in view of US Pat. No. 20190358678 A1 “Greenberger”).
Regarding Claim 12, Schmeider teaches the connecting element (10) according to claim 7. Schmeider does not teach wherein at least one of the sub-elements (3, 4) has at least one geometric feature (20) for increasing the bending stiffness of the connecting element (10), and wherein the at least one geometric feature (20) is formed as a crease. Greenberger teaches at least one geometric feature (20)(66) for increasing the bending stiffness of the connecting element (10)(61), and wherein the at least one geometric feature (20)(66) is formed as a crease. (66 is folded up along 61 to form creases used to increase bending stiffness)
Schmeider and Greenberger are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing maintaining a rigid structure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add creases to the surface of the connecting element. The motivation would have been to increase the bending stiffness, as is stated in paragraph 0073 in lines 6-8.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM DONALD JOHNSON whose telephone number is (571) 272-9214. The examiner can normally be reached M, T, Th, F between 7:30 AM and 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
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