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 .
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 1-20 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.
The term “thin plates” in claims 1, 2, 7, and 20 is a relative term which renders the claim indefinite. The term “thin plates” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The scope of the claim is unascertainable. It is unclear how “thin” a plate must be to satisfy the claim limitations.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US Patent Application Publication 2023/0339543).
Re claim 1, Lee et al. discloses a side sill of a vehicle, the side sill comprising a side sill outer (2, figure 4) having a first convex cross section toward an outside of the vehicle; a side sill inner (1) coupled to an inside of the side sill outer and having a second convex cross section toward an inside of the vehicle; and a reinforcement member disposed in a space between the side sill outer and the side sill inner, the reinforcement member (3) comprising a plurality of thin plates made of a same material as the side sill (see paragraphs 0069-0072 which disclose all the parts being made of steel) and joinable to the side sill by welding (at W), the thin plates being joined to each other to define a closed cross section therebetween and disposed in the space. See the annotated figure below for further explanation.
Re claim 2, the thin plates comprise: an outer member having a third convex cross section toward the outside of the vehicle; an inner member disposed inside the vehicle in the outer member and defining a second closed cross section with the outer member; and a center member disposed between the outer member and the inner member and dividing the closed cross section defined by the outer member and the inner member, wherein the outer member, the inner member, and the center member are joined to define the closed cross section in a lengthwise direction of the vehicle. See the annotated figure below for explanation.
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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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US Patent Application Publication 2023/0339543).
Re claim 6, Lee et al. discloses all the limitations of the claim, as applied above, except for a first thickness of the outer member being greater than a second thickness of the inner member, and wherein the second thickness of the inner member is greater than a third thickness of the center member.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a side sill of a vehicle, such as that disclosed by Lee et al., to have a first thickness of the outer member being greater than a second thickness of the inner member, and wherein the second thickness of the inner member is greater than a third thickness of the center member, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component and a change in size is generally recognized as being within the level of ordinary skill in the art. See In re Rose, 105 USPQ 237 (CCPA 1955). One of ordinary skill in the art would be motivated to change the thickness of the various members in order to modify the crash performance of the device depending on the application in which it is used.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US Patent Application Publication 2023/0339543) in view of Zhang et al. (Chinese Patent Publication 112339865A).
Re claim 20, Lee et al. discloses a method of providing a side sill of a vehicle, the method comprising providing a side sill outer (2, figure 4) having a first convex cross section toward an outside of the vehicle, providing a side sill inner (1, figure 4) coupled to an inside of the side sill outer and having a second convex cross section toward an inside of the vehicle; and disposing a reinforcement member (3, figure 4) in a space between the side sill outer and the side sill inner, the reinforcement member comprising a plurality of thin plates made of a same material as the side sill and joinable to the side sill by welding (see paragraphs 0069-0072 which disclose all the parts being made of steel), the thin plates being joined to each other to define a closed cross section therebetween and disposed in the space, wherein the thin plates comprise an outer member having a third convex cross section toward the outside of the vehicle; an inner member disposed inside the vehicle in the outer member and defining a second closed cross section with the outer member; and a center member disposed between the outer member and the inner member and dividing the closed cross section defined by the outer member and the inner member, wherein the outer member, the inner member, and the center member are joined to define the closed cross section in a lengthwise direction of the vehicle. The outer member, inner member, and center member are manufactured of steel plates (see paragraphs 0069-0072 which disclose all the parts being made of steel). See the annotated figure below for further explanation.
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Lee et al. does not disclose the outer member, the inner member, and the center member being manufactured by a cold stamping process.
Zhang et al. teaches using a cold stamping process to construct a sill member from steel plates (see the Background section of the machine translation).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a method, such as that disclosed by Lee et al., to have the outer member, the inner member, and the center member be manufactured by a cold stamping process, as taught by Zhang et al., with a reasonable expectation of success, in order to construct the device using a process involving readily available manufacturing machinery.
Allowable Subject Matter
Claims 3-5 and 7-19 would 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 primary reason for the indication of allowable subject matter in claims 3-5 is the inclusion in the claim of the limitations directed to the plurality of step portions disposed on surfaces of the outer member, the inner member, and the center member that are parallel to the ground, the step portions varying heights of the surfaces in the lengthwise direction of the vehicle. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Lee et al., the closest prior art of record does disclose beads in some portions but not step portions as claimed. There is no suggestion or motivation in the prior art of record to modify the device of Lee et al. to have step portions in configuration claimed in claims 3-5.
The primary reason for the indication of allowable subject matter in claims 7-19 is the inclusion in the claim of the limitations directed to upper step portions and lower step portions having varying heights, the upper step portions and the lower step portions being repeatedly disposed at intervals on the upper surface and the lower surface. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Lee et al., the closest prior art of record does disclose beads in some portions but not step portions as claimed. There is no suggestion or motivation in the prior art of record to modify the device of Lee et al. to have step portions in configuration claimed in claims 7-19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle sill constructions.
US2020/0148272 teaches welding plates, including an inner member, together to create a vehicle sill.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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/JASON S MORROW/Primary Examiner, Art Unit 3612
September 2, 2026
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