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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 28, 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: "seal 28" referenced in the specification paragraphs [0019] and [0021].
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: "36" shown in figures 1, 2, 3, 4, 6, 7, and 8; "38" shown in figures 2, 3, and 8; "1F" shown in figure 1.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add or correct the reference characters in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The disclosure is objected to because of the following informalities:
A description for figure 8 has not been provided.
Paragraph [0026] references figure 3 for pathways P1, P2, and P3. However, the pathways are shown in figure 5.
Paragraph [0026] includes the excerpt “fulling installed” which appears to be a typographical error. Examiner has understood the term as “fully installed”.
In paragraph [0019], “prevent the fender baffle 14 from protruding outward with respect to the baffle” lacks clarity as baffle appears to be compared against itself.
Paragraph [0027] recites a fastening structure fixedly connecting “the trim molding 16 to the fender baffle 14”. Examiner believes this may be an oversight because of a number of other statements disclosing the trim molding fastened to the fender. See objection to claim 13 below.
Appropriate correction is required.
Claim Objections
Claims 12, 13, and 14 are objected to because of the following informalities:
Claim 12 lacks clarity because of a grammatical error in the excerpt “further comprising cover the bead”. A similarly structured statement in claim 5 is both grammatically correct (with “covering” instead of “cover”) and specific with respect to the component covering the bead: “fender baffle covering the bead”.
Claim 13 recites fastening a fastening structure to the trim molding "to fixedly connect the trim molding to the fender baffle". However, a number of other statements, including those recited in claim 8, and paragraphs [0016], [0020], and [0025] of the specifications identify the fender, not the fender baffle, fastened by the fastening structure. Consequently, the examiner has understood the trim molding fastened to the fender by the fastening structure in order to lock the fender and the fender baffle in proper position.
Claim 14 recites “fender baffle uncovering the bead”. However, paragraph [0027] of specifications recites “covering the bead”. Furthermore, claim 5 recites “fender baffle covering the bead”, and claim 9 identifies the fastening structure as the component left uncovered by the fender baffle: “fender baffle uncovering the fastening structure”. Consequently, the examiner has considered the possibility of an error in claim 14 and understood the fastening structure as the structure uncovered by the fender baffle.
Claim 14 includes the excerpt “fender has a fastening structure attaches”. Examiner suggests adding the word “that” to form: “fender has a fastening structure that attaches”.
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 11, 12, and 14 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 11 recites the limitation "the sill" twice in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim as base claim 10 does not recite a sill.
Claim 12 recites the limitation "the sill" in the second . There is insufficient antecedent basis for this limitation in the claim. Claim 12 is dependent on claim 11 which similarly lacks antecedent basis for a sill.
Claim 14 recites the limitation "the bead" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim as base claim 11 does not recite a bead.
Claim 14 further recites the limitation "the sill" in the second . There is insufficient antecedent basis for this limitation in the claim as claim 14 is dependent on claim 11 which similarly lacks antecedent basis for a sill.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez (US 2012/0126578 A1), and further in view of Flint et al. (US 5,226,695 A), hereinafter "Flint".
Regarding claim 1, Hernandez discloses a vehicle fender assembly (fender assembly comprising “insulator panel assembly 60 that will fill the hollow space 40 between the pillar 12 and fender 36”, ¶[0013], figs. 1-3) comprising:
a fender (front fender 36, ¶[0011], figs. 1-2) that is part of a vehicle body defining a tire installation area (tire housing 22, ¶[0011], fig. 1);
a fender baffle (insulator panel assembly 60, ¶[0013], figs. 1-3) that is a sound reducer (“insulator panel assembly 60 includes a housing portion 62 and a sound absorber portion 64 that is carried within the housing portion 62”, ¶[0013], fig. 3; “noise emanating from the engine 18 and the tire 20 will enter the hollow space 40 and encounter the insulator panel assembly 60. The fibrous material of the absorber portion 64 will function to absorb the noise.”, ¶[0016], fig. 1) installed to the fender (“insulator panel assembly 60 is installed by wedging the insulator panel assembly 60 into the hollow space 40 between the pillar 12 and fender 36”, ¶[0015], figs. 2-3), the fender baffle having an alignment ramp (bottom wall 76, shown in figs. 2 and 3, projecting from the base wall 68 of housing portion 62 of insulator panel assembly 60, ¶[0013]) defining a bottom outer edge of the fender baffle (outer sidewall 72 of insulator panel assembly 60 along bottom wall 76 region, ¶[0013], fig. 2) that faces a vehicle direction when the fender baffle is installed to the fender (bottom wall 76 curved with respect to housing portion 62 and facing a vehicle direction as shown in fig. 2; furthermore, similarly aligned bottom wall 36c of front fender 36 is recited as turning “inwardly”, thus in a vehicle direction, ¶[0011]).
Hernandez does not recite a trim molding installed. Flint teaches a fascia-to-fender attachment (col. 1, lines 7-11, figs. 1-4) comprising a trim molding (front fascia 24, figs. 1-3, col. 3, lines 16-23) installed to the fender and the fender baffle along the alignment ramp (front fascia 24 installed to front fender 22 and appearance panel 28 along tongue 60, fig. 2, col. 3, lines 39-46), the alignment ramp enabling the trim molding to rotate towards the fender during installation to enclose a gap between the fender and the fender baffle (slidable connection between tongue 60 of front fascia 24 and slot 62 of fender 22 retains appearance surfaces 30 and 42 of the fender and fascia, respectively, flush in both the transverse direction and the vertical direction at the adjoining edges 64 and 80, figs. 2 and 4, col. 4, lines 27-31). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the fascia-to-fender attachment from Flint with the fender assembly disclosed by Hernandez. The motivation would have been “to form a continuous outer surface for structural, aerodynamic and styling reasons” without requiring fasteners that can be difficult to access and do not allow for different rates of thermal expansion and hydroscopic growth (Flint, col. 1, lines 31-41). The combination would predictably achieve the desired result.
Regarding claim 10, the combination further discloses a method for assembling a vehicle fender assembly (the method culminating in the combination of claim 1 based on teachings from Hernandez and Flint), the method comprising:
installing a fender baffle that is a sound reducer to a fender that is part of a vehicle body (insulator panel assembly 60 comprising sound absorber portion 64 “installed by wedging the insulator panel assembly 60 into the hollow space 40 between the pillar 12 and fender 36”, ¶¶[0013-0015], figs. 2-3) defining a tire installation area (tire housing 22, ¶[0011], fig. 1), the fender baffle having an alignment ramp defining a bottom outer edge of the fender baffle (outer sidewall 72 of insulator panel assembly 60 along bottom wall 76 region and projecting from the base wall 68, ¶[0013], figs. 2-3); and
installing a trim molding to the fender and the fender baffle by sliding the trim molding along the alignment ramp to rotate the trim molding towards the fender during installation to enclose a gap between the fender and the fender baffle (slot 62 of fender 22 “slidably receiving” tongue 60 of front fascia 24 and retaining appearance surfaces 30 and 42 of the fender and fascia, respectively, flush in both the transverse direction and the vertical direction at the adjoining edges 64 and 80, figs. 2 and 4, col. 4, lines 27-31 and 62-67).
Claims 2, 3, 4, 5, 6, 7, 8, 11, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez and Flint, as applied above to claim 1, and further in view of Shimanaka (US 2014/0175825 A1).
Regarding claim 2, the combination discloses the vehicle fender assembly according to claim 1, but does not recite a sill. Shimanaka teaches a sound insulation structure for a vehicle (¶[0001], figs. 1-2) further comprising a sill (“side sill 1 which comprises a side sill inner panel and a side sill outer panel and extends in a vehicle front-rear direction”, ¶[0019], figs. 1-2) partially defining a vehicle door opening (door opening 4, ¶[0019], fig. 1), the fender (front fender panel 9, ¶[0021], figs. 1-2) being installed to the sill with the fender baffle (second sound insulator 20, ¶[0047], figs. 1-2) disposed between the fender and the sill (second sound insulator 20, shown in figs. 1 and 2, installed between front fender panel 9 and side sill 1). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to further combine, with a reasonable expectation of success, the side sill from Shimanaka with the combination disclosed by Hernandez and Flint. The motivation would have been supplying a vehicle-body rigidity member to form a door opening for a front seat occupant (Shimanaka, ¶[0019]). The combination would predictably achieve the desired result.
Regarding claim 3, the combination further teaches the vehicle fender assembly according to claim 2, wherein the fender baffle (Hernandez, insulator panel assembly 60) includes a main plate (Hernandez, housing portion 62) that is cantilevered with respect to the fender (Hernandez, front fender 36) and the sill (Shimanaka, side sill 1), the alignment ramp (Hernandez, bottom wall 76) having a longitudinal length protruding from the main plate (see protruding longitudinal length in annotated version of Hernandez figure 2 below) in a vehicle downward direction.
PNG
media_image1.png
516
426
media_image1.png
Greyscale
Regarding claim 4, the combination further teaches the vehicle fender assembly according to claim 3, wherein the alignment ramp (Hernandez, bottom wall 76) includes a stepped attachment structure (Flint, “fingers 68, 70 and 72 [of tongue 60] engaging the inboard ‘L’ shaped flange 82”, col. 3, lines 42-46, fig. 1) that contacts the trim molding (Flint, front fascia 24) when the trim molding is installed to the fender baffle (Hernandez, insulator panel assembly 60).
Regarding claim 5, the combination further teaches the vehicle fender assembly according to claim 4, wherein one or the other of the fender and the sill has a bead (Flint, “underlying portion 46”, fig. 1, col. 2, lines 63-68) located in a vehicle rearward direction with respect to a main body of the fender, the fender baffle covering the bead (Flint, “underlying portion 46 of the front fascia 24, shown in hidden line” as it is covered and concealed from view, fig. 1, col. 2, lines 63-68) when the fender is installed to the sill.
Regarding claim 6, the combination further teaches the vehicle fender assembly according to claim 5, wherein the trim molding (Flint, front fascia 24) has a corresponding stepped attachment structure (Flint, slot 62, col. 3, lines 16-18, fig. 1) that contacts the stepped attachment structure of the alignment ramp (Flint, “tongue 60 on the front fascia 24 is received in a slot 62 in the front fender 22”, col. 3, lines 16-18, fig. 1).
Regarding claim 7, the combination further teaches the vehicle fender assembly according to claim 6, wherein the fender (Hernandez, front fender 36) includes a main body (Hernandez, sidewall 36a, fig. 2) and a lower attachment structure (Hernandez, bottom wall 36c, fig. 2) extending below the main body, the lower attachment structure being received by the trim molding to fixedly connect the fender to the fender baffle (see integration of Flint’s fascia-to-fender attachment, as applied to claim 1 above).
Regarding claim 8, the combination further teaches the vehicle fender assembly according to claim 7, further comprising at least one fastening structure (Flint, “bolt 106 extending through a metal retainer 108, a slot 110 in the upper flange 102, a hole 112 in the lower flange 104 of the front fender 22 and received by a metal ‘J’ nut 114”, fig. 5, cols. 3-4, lines 67-3) fixedly connecting the trim molding (Flint, front fascia 24) to the fender (Hernandez, front fender 36).
Regarding claim 11, the combination further teaches the method according to claim 10, further comprising installing the fender to the sill with the fender baffle disposed between the sill and the fender (Shimanaka, second sound insulator 20 installed between front fender panel 9 and side sill 1, figs. 1-2, ¶[0021] and ¶[0047]).
Regarding claim 12, the combination further teaches the method according to claim 11, wherein one or the other of the fender and the sill has a bead located that is attached to the sill in a vehicle rearward direction with respect to a main body of the fender, the method further comprising covering the bead when the fender is installed to the sill (Flint, “underlying portion 46 of the front fascia 24, shown in hidden line” as it is covered and concealed from view, fig. 1, col. 2, lines 63-68).
Regarding claim 13, method according to claim 12, further comprising fastening at least one fastening structure to the trim molding to fixedly connect the trim molding to the fender (Flint, “bolt 106 extending through a metal retainer 108, a slot 110 in the upper flange 102, a hole 112 in the lower flange 104 of the front fender 22 and received by a metal ‘J’ nut 114”, fig. 5, cols. 3-4, lines 67-3).
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez, Flint, and Shimanaka, as applied above to claims 2 and 11, and further in view of Lessmeister (US 2013/0009426 A1) and Thomas et al. (US 7,428,774 B2), hereinafter “Thomas”.
Regarding claim 9, the combination further teaches the vehicle fender assembly according to claim 4 comprising a fender installed to a sill. However, the combination fails to specify a fastener attaching the fender to the sill. The combination is also silent regarding the fender baffle leaving the fastener uncovered. Lessmeister teaches a motor vehicle body (¶[0006], fig. 1) wherein the fender (fender 6 comprising narrow arm 8 and fastening flange 17, fig. 2, ¶¶[0030]-[0032]) has a fastening structure (screw 20, ¶[0032], fig. 2) that attaches the fender to the sill (“screw 20 is screwed into a threaded clamp 21 anchored on a second opening of the leg 11 [of the sill 1] through a second opening of the fastening flange 17”, ¶[0032], fig. 2) in a vehicle rearward direction with respect to a main body of the fender (arm 8 as the fastened portion of fender 6 shown in fig. 1 in a vehicle rearward direction with respect to a main body of the fender 6). Thomas teaches a fender baffle (baffle 10, figs. 1 and 6, col. 2, lines 15-20) uncovering the fastening structure when the fender is installed to the sill (“baffle 10 also typically includes at least one opening (e.g., a cavity, a through-hole or the like) [through-hole 38] for accommodating a component (e.g., a fastener or other elongated member) of an automotive vehicle”, col. 2, lines 53-56, fig. 1).
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to further combine, with a reasonable expectation of success, the fender fastening structure from Lessmeister and the fender baffle through-hole from Thomas with the combination. Lessmeister recites the motivation for combining the fastening structure as ensuring that “fender and sill are not twisted relative to one another because of internal stresses and in order to ensure a uniform joint appearance between the two” (¶[0004]). Thomas teaches that those skilled in the art may be motivated to combine a baffle through-hole because “new vehicle designs can also cause vehicle components such as fasteners or other components to be positioned in different locations within a vehicle and, as a consequence, baffles may have to be designed to accommodate such components while still being able to effectively seal or baffle components or cavities for minimizing sound transmission” (col. 1, lines 22-26). The combination would predictably achieve the desired results.
Regarding claim 14, the combination further teaches the method according to claim 11, wherein the fender has a fastening structure that attaches the fender to the sill in a vehicle rearward direction with respect to a main body of the fender (screw 20 from Lessmeister fastening flange 17 of fender 6 to leg 11 of sill 1), the fender baffle uncovering the fastening structure when the fender is installed to the sill (through-hole 38 of baffle 10 from Thomas revealing the fastener).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional art of record relates to fender components including insulators and body attachments having features relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD OMID NEYZARI whose telephone number is (571)272-9530. The examiner can normally be reached Monday-Friday, 8 AM-5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMMAD OMID NEYZARI/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
Prosecution Insights