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 .
Response to Amendment
Upon consideration of the amended claims, all previous rejections thereto under 35 U.S.C. 112(b) are hereby withdrawn. However, the amended claim language has introduced new 112(b) rejections to Claims 2, 3, 7, and 11, which are discussed below.
Response to Arguments
Applicant’s arguments, see pages 6-7 of the Remarks filed 07/28/2026, with respect to Niinomi no longer anticipating the amended Claim 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Niinomi and newly-found prior art.
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 2-5,7, and 11 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.
Regarding Claims 2, 3, 7, and 11, the limitation “the cross-section[s] of the U-shaped member” does not have antecedent basis in the claims. Claim 1 recites different cross-sections of the finished pipe, but has been amended to remove the recitation of a cross-section of the U-shaped member.
Claims 4 and 5 are rejected by virtue of their dependence upon Claim 3.
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Niinomi (US 2021/0129200) in view of Konno et al., hereinafter Konno (US 10,836,440).
Regarding Claim 1, Niinomi discloses (Figures 2-6 and 13) a method of manufacturing a pipe (pipe 10) extending along an axis of the pipe (represented by dotted line in Figures 2-3), the method comprising: forming a blank material (metal plate member 20), which is a metal plate-shaped member, into a U-shaped member (U-shaped member 600), the U-shaped member extending along the axis ([0051] lns 1-3); forming the U-shaped member into a shape of the pipe ([0067] lns 1-4), the pipe including: a large-diameter portion (large-diameter portion 11) where a cross-section of the pipe orthogonal to the axis has a relatively large diameter; a small-diameter portion (small-diameter portion 12) where a cross-section of the pipe orthogonal to the axis has a relatively small diameter; and a gradually-reduced-diameter portion (reduced diameter portion 13) connecting the large-diameter portion and the small-diameter portion to each other, a diameter of a cross-section of the pipe orthogonal to the axis at the gradually-reduced-diameter portion being gradually reduced toward the small-diameter portion (clearly seen in Figure 2); and forming at least one bead (curved portions 602/603/604/605) in a part, of the blank material or the U-shaped member, that corresponds to the gradually-reduced-diameter portion ([0064] lns 5-9: the edge bending, which results in the curved portions 603/605, is performed in a part of U-shaped member 600 that corresponds to reduced diameter portion 13 and extends along the axis of the pipe).
Niinomi does not disclose that the at least one bead is a feature of the finished pipe; in Niinomi, the at least one bead is only present in the intermediate product, i.e. the U-shaped member, and is smoothed out into a circular cross-section in the O-shape bending step (see Figures 5(4), 6(4), and 8B). However, Niinomi does state that the cross-sectional shape of the finished pipe does not need to be a perfect circle ([0094] lns 1-3). In the same field of endeavor, Konno teaches (Figures 1-4) a method of manufacturing a pipe (instrument panel beam 110), the method comprising: forming a shape of the pipe, the pipe including: a large-diameter portion (large-diameter hollow tube 200) where a cross-section of the pipe orthogonal to the axis has a relatively large diameter; a small-diameter portion (small-diameter hollow tube 300) where a cross-section of the pipe orthogonal to the axis has a relatively small diameter; and a gradually-reduced-diameter portion (reduced diameter portion 400) connecting the large-diameter portion and the small-diameter portion to each other, a diameter of a cross-section of the pipe orthogonal to the axis at the gradually-reduced-diameter portion being gradually reduced toward the small-diameter portion (clearly seen in Figures 1-2); and at least one bead (bends 220a-d and 320a-d) extending along the axis of the pipe and being a portion curved to protrude outward from an outer circumferential surface of the pipe (clearly seen in Figures 3-4); and forming the at least one bead in the gradually-reduced-diameter portion (col. 4 ln 66 – col. 5 ln 3: reduced diameter portion 400 has the same shape as large-diameter hollow tube 200, including bends 220a-d, at one end and the same shape as small-diameter hollow tube 300, including bends 320a-d, at the other end). The inclusion of the at least one bead helps to increase the torsional rigidity of the finished pipe (col. 7 lns 4-9), which is desirable for the end use of being an instrument panel reinforcement of a vehicle (col. 1 lns 46-51), which is the same end use as the pipe manufactured by the method disclosed by Niinomi, as well as the claimed pipe. Accordingly, 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 method of manufacturing a pipe disclosed by Niinomi such that the finished pipe includes at least one bead extending along the axis of the pipe and being a portion curved to protrude outward from an outer circumferential surface of the pipe, as taught by Konno, in order to improve the torsional rigidity of the finished pipe.
Examiner note: when the combination of Niinomi and Konno is made, the O-shape bending step is modified to preserve curved portions 602/603/604/605 in the final cross-sectional shape of the pipe. This can be accomplished by modifying the shapes of dies 60 and 70 shown in Figures 8A/B to accommodate the curved portions.
Regarding Claim 2, the modified Niinomi discloses (Figures 4-6 and 13) the U-shaped member (U-shaped member 600) has a first end portion (left side shown in Figure 13) including a first end (end point 606) of the cross-sections of the U-shaped member and a second end portion (right side shown in Figure 13) including a second end (end point 607) of the cross-sections of the U-shaped member, wherein the method further comprises: bending the first end portion and the second end portion of the U-shaped member so that the first end and the second end come closer to each other (edge bending step (3); [0064] lns 1-5), and wherein the at least one bead (curved portions 603/605) is formed in the first end portion and/or the second end portion when bending the first end portion and the second end portion ([0064] lns 5-9: the edge bending step results in the end points of the U-shaped member being bent towards each other, thereby forming curved portions 603/605).
Regarding Claim 3, the modified Niinomi discloses (Figures 2-6 and 13) the pipe (pipe 10) further includes a butted portion where a first end (end point 606) and a second end (end point 607) of the cross-sections of the U-shaped member (U-shaped member 600) are joined together ([0071] lns 1-3: the welded area between the facing areas is interpreted as a butted portion), and wherein at least two beads (curved portions 602/603/604/605), which are included in the at least one bead, are formed in the part, of the blank material (metal plate material 20) or the U-shaped member, that corresponds to the gradually-reduced-diameter portion (reduced diameter portion 13; [0064] lns 5-9), and when the U-shaped member is formed into the shape of the pipe, two beads (curved portions 603/605) of the at least two beads are arranged in the gradually-reduced-diameter portion so as to have the butted portion therebetween ([0069]-[0071]: when the U-shaped member 600 is bent into pipe 10, the curved portions 603/605, i.e. the beads, will be arranged on either side of the facing areas between which the butted portion is formed).
Regarding Claim 4, the modified Niinomi discloses (Figures 4-6 and 13) when the U-shaped member (U-shaped member 600) is formed into the shape of the pipe (pipe 10; [0067] lns 1-4), the two beads (curved portions 603/605) extend along the butted portion in a periphery of the butted portion in the gradually-reduced-diameter portion ([0064] lns 5-9, [0069]-[0071]: the beads are formed in the area of reduced diameter portion 13, and when the U-shaped member 600 is bent into pipe 10, the beads extend along the area between the facing areas, i.e. the butted portion, in the periphery thereof).
Regarding Claim 5, the modified Niinomi discloses (Figures 4-6 and 13) when the U-shaped member (U-shaped member 600) is formed into the shape of the pipe (pipe 10; [0067] lns 1-4), the two beads (curved portions 603/605) pass a boundary of the gradually-reduced-diameter portion (reduced diameter portion 13) with the large-diameter portion (large-diameter portion 11) in the pipe ([0065] lns 7-12).
Regarding Claim 6, the modified Niinomi discloses (Figures 4-6 and 13) when the U-shaped member (U-shaped member 600) is formed into the shape of the pipe (pipe 10; [0067] lns 1-4), the at least one bead (curved portions 603/605) passes a boundary of the gradually-reduced-diameter portion (reduced diameter portion 13) with the large-diameter portion (large-diameter portion 11) in the pipe ([0065] lns 7-12).
Regarding Claim 7, the modified Niinomi discloses (Figures 2-6 and 13) the pipe (pipe 10) further includes a butted portion where a first end (end point 606) and a second end (end point 607) of the cross-section of the U-shaped member (U-shaped member 600) are joined together ([0071] lns 1-3: the welded area between the facing areas is interpreted as a butted portion), and wherein, when the U-shaped member is formed into the shape of the pipe, the at least one bead (curved portions 603/605) extends along the butted portion in a periphery of the butted portion in the gradually-reduced-diameter portion (reduced diameter portion 13; [0064] lns 5-9, [0069]-[0071]: the curved portions 603/605, i.e. the beads, are formed in the area of reduced diameter portion 13 during the edge-bending step, and when the U-shaped member 600 is bent into pipe 10, the beads extend along the area between the facing areas, i.e. the butted portion, in the periphery thereof).
Regarding Claim 8, Niinomi discloses (Figure 1) the pipe (pipe 10) is to be mounted in a vehicle ([0015] lns 1-3).
Regarding Claim 9, Niinomi discloses (Figure 1) the pipe (pipe 10) is to be used in an instrument panel reinforcement (instrument panel reinforcement 1) of the vehicle ([0015] lns 1-3).
Regarding Claim 10, Niinomi discloses (Figure 1) the method further comprises joining, to a part of the large-diameter portion (large-diameter portion 11) in a periphery of the gradually-reduced-diameter portion (reduced diameter portion 13), another member (framework bracket 2) to support the pipe ([0038] lns 2-8).
Regarding Claim 11, the modified Niinomi discloses (Figures 2-6 and 13) the pipe (pipe 10) further includes a butted portion where a first end (end point 606) and a second end (end point 607) of the cross-section of the U-shaped member (U-shaped member 600) are joined together ([0071] lns 1-3: the welded area between the facing areas is interpreted as a butted portion), and wherein, when the U-shaped member is formed into the shape of the pipe, the at least one bead (curved portions 603/605) passes a boundary of the gradually-reduced-diameter portion (reduced diameter portion 13) with the large-diameter portion (large-diameter portion 11) in the pipe ([0065] lns 7-12) and extends along the butted portion in a periphery of the butted portion in the gradually-reduced-diameter portion ([0064] lns 5-9, [0069]-[0071]: the curved portions 603/605, i.e. the beads, are formed in the area of reduced diameter portion 13 during the edge-bending step, and when the U-shaped member 600 is bent into pipe 10, the beads extend along the area between the facing areas, i.e. the butted portion, in the periphery thereof).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Isurugi et al. (JP 4496592) discloses a method of manufacturing a pipe for an instrument panel reinforcement of a vehicle, wherein a shape of the pipe comprises at least one outwardly-protruding bead to improve the rigidity of the pipe.
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 TERESA A GUTHRIE whose telephone number is (571)270-5042. The examiner can normally be reached M/Tu/Th, 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA A GUTHRIE/Examiner, Art Unit 3725
/BOBBY YEONJIN KIM/Primary Examiner, Art Unit 3725
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