DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/797,305. Receipt of the Response to the Election/Restriction filed on 05/21/2026 is acknowledged.
Claims 1-43 are pending.
Claims 9-43 are withdrawn from consideration.
Claims 1-8 are examined.
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 .
Specification
The abstract of the disclosure is objected to because it exceeds the 150 word limit. Correction is required. See MPEP § 608.01(b).
Election/Restrictions
Applicant elected the Invention of Group I, claims 1-16 and Species B, related to figure 5, which are defined in claims 1-8. Therefore, claims 9-43 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/21/2026.
Claim Rejections - 35 USC § 102
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, 2, and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otsuka (WO 2018012603).
Regarding claim 1, Otsuka discloses a long formed article made of one steel sheet (as depicted in figure 4A and disclosed in the abstract, the article #100 is constructed from a single sheet of steel #101), the formed article comprising:
a top sheet portion (#112) which extends in a longitudinal direction (see figure 4A);
a standing wall portion (#111) which extends downward from each of both edges of the top sheet portion in a width direction (see figure 4A, where the article can be rotated 90 degrees counterclockwise around the z-axis of the figure to meet such limitations); and
a protrusion portion (#115) which is formed in a portion of the top sheet portion in the longitudinal direction by overlapping a portion extending toward an outside from each of both ends of the top sheet portion in the width direction and a portion extending toward the outside from an upper end of the standing wall portion (see figure 2, where the top and standing wall portions comprise of sections which extend outwardly therefrom to form the protrusion portions),
wherein in the longitudinal direction of the formed article, when a region provided with the protrusion portion is defined as a protrusion region (P1) and a region not provided with the protrusion portion is defined as a non-protrusion region (P2);
in the non-protrusion region, the top sheet portion includes an enlarged top sheet portion which extends in the width direction from the top sheet portion and is connected to the standing wall portion (see figure 4B, where the ends of such an article #100 can be flared out so as to form an enlarged top sheet portion that extends wider than the protrusion portion #115 and extends from the top sheet portion to the standing wall portion), and
a total value α of inner surface peripheral lengths of the top sheet portion and the standing wall portion in a cross section of the formed article perpendicular to the longitudinal direction in the protrusion region and a total value β of inner surface peripheral lengths of the top sheet portion including the enlarged to sheet portion and the standing wall portion in the cross section of the formed article perpendicular to the longitudinal direction in the non-protrusion region satisfy 1.01 ≤ β/α ≤ 1.50 (As depicted in figure 4B, since only a “cross section” of the protrusion region and non-protrusion region must comprise of an inner surface peripheral length that meets such an equation as defined, one can take the article of figure 4B which has a varying width along its length and take a cross-section of the protrusion region #115, such as towards the bottom of the article, and a cross-section of the non-protrusion therebelow, which is larger in width and thus would comprise of a larger inner peripheral length so as to meet the range as broadly defined).
Regarding claim 2, Otsuka discloses a flange portion (#113) which extends toward the outside from a lower end of the standing wall portion (see figures 2 and 4A).
Regarding claim 4, Otsuka discloses in the protrusion portion, a portion extending from the top sheet portion and a portion extending from the standing wall portion are in close contact with each other (see figure 2 of Otsuka and lines 62-64 of the English translation).
Regarding claim 5, Otsuka discloses in the protrusion portion, a portion extending from the top sheet portion and a portion extending from the standing wall portion are joined to each other (see figure 2 of Otsuka and lines 72-74 of the English translation).
Regarding claim 6, Otsuka discloses in the protrusion region, in the cross section of the formed article perpendicular to the longitudinal direction, an angle formed by the top sheet portion and the protrusion portion is 90 degrees or more and 180 degrees or less (see figures 3A and 3B of Otsuka and lines 65-67 of the English translation).
Regarding claim 7, Otsuka discloses a structural member comprising the formed article as explained above in the rejection of claim 1; and a steel sheet member (#201) which is fixed to the formed article (see figure 6A), wherein in a cross-sectional view perpendicular to a longitudinal direction, the formed article and the steel sheet member form a closed cross section (see figure 6A).
Regarding claim 8, Otsuka discloses an auxiliary member (#601) which is joined to at least one of the two standing wall portions and the top sheet portion, or at least one of the two standing wall portions and the top sheet portion (see figures 6A and 6D).
Claim(s) 1 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shibuya (U.S. Patent 5,803,517).
Regarding claim 1, Shibuya discloses a long formed article made of one steel sheet (as depicted in figure 2 and disclosed in the abstract, the article #2 is constructed from a single sheet of steel), the formed article comprising:
a top sheet portion (#11) which extends in a longitudinal direction (see figures 1 and 2);
a standing wall portion (#13 and #14) which extends downward from each of both edges of the top sheet portion in a width direction (see figure 4, where the article can be rotated 90 degrees clockwise around the z-axis of the figure to meet such limitations, such as when the article is in such an orientation before installation upon the vehicle); and
a protrusion portion (#17) which is formed in a portion of the top sheet portion in the longitudinal direction by overlapping a portion extending toward an outside from each of both ends of the top sheet portion in the width direction and a portion extending toward the outside from an upper end of the standing wall portion (see figure 2, where the top and standing wall portions comprise of sections which extend outwardly therefrom to form the protrusion portions),
wherein in the longitudinal direction of the formed article, when a region provided with the protrusion portion is defined as a protrusion region and a region not provided with the protrusion portion is defined as a non-protrusion region (Applicant defines “a region” and “a portion” and does not further define the extent or dimensions of such regions and portions other than what such regions and portions constitute. Thus, the end regions where protrusions #17 are provided is considered the protrusion region and the central region where recessed portion in the top surface #11 is provided but with no protrusion element is considered the non-protrusion region.);
in the non-protrusion region, the top sheet portion includes an enlarged top sheet portion (the two rounded projections on either side of the top sheet #11 are considered the enlarged portions since they bulge upwardly and enlarge the otherwise flat top sheet) which extends in the width direction from the top sheet portion and is connected to the standing wall portion (see figure 2), and
a total value α of inner surface peripheral lengths of the top sheet portion and the standing wall portion in a cross section of the formed article perpendicular to the longitudinal direction in the protrusion region and a total value β of inner surface peripheral lengths of the top sheet portion, the standing wall portion, and the recessed part in the cross section of the formed article perpendicular to the longitudinal direction in the non-protrusion region satisfy 1.01 ≤ β/α ≤ 1.50 (The protrusion region is formed by bending and flattening the cross section of the non-protrusion region as depicted in figures 7D and 7E. Thus, the value α is smaller with respect to the value β due to the protrusion, overlapping material of the protrusion region as well as the flattened top sheet portion. Since inclined surface #16 of the top sheet portion #11 is angled at 60 degrees relative to the center line C of the vehicle, see col. 3, ll. 53-55, the length of the standing walls in relation to such inner surface length values would increase as the protrusion region nears the non-protrusion region. Furthermore, though not depicted, if the protrusion portions extended all the way to the bottom wall #12, such as when folded as depicted in figure 6, the overall inner surface length of the protrusion region would only be reduced so as to form a β/α value of 1.5. Therefore, though the dimensions of each top and standing wall portion are not positively defined within Shibuya, the β/α value between the regions of figure 2 would inherently fall within the 1.01 and 1.5 range along at least one cross section of the protrusion region as presently defined.).
Regarding claim 4, Shibuya discloses in the protrusion portion, a portion extending from the top sheet portion and a portion extending from the standing wall portion are in close contact with each other (see figure 2, where the protrusion portions comprise of segments of the top sheet and standing wall portions that abut one another).
Regarding claim 5, Shibuya discloses in the protrusion portion, a portion extending from the top sheet portion and a portion extending from the standing wall portion are joined to each other (see figure 2, where the segments of the top sheet and standing wall portions of the protrusions are joined at their ends with a round portion).
Regarding claim 6, Shibuya disclose in the protrusion region, in the cross section of the formed article perpendicular to the longitudinal direction, an angle formed by the top sheet portion and the protrusion portion is 90 degrees or more and 180 degrees or less (figures 2 and 7E depict the top sheet portion and the protrusion portion form a 180 degree angle with one another since they are coplanar).
Regarding claim 7, Shibuya disclose a structural member comprising: the formed article according to claim 1 as explained above; and a steel sheet member which is fixed to the formed article (element #12 can be considered the steel sheet member which is integral with and thus fixed to the article as defined), wherein in a cross-sectional view perpendicular to a longitudinal direction, the formed article and the steel sheet member form a closed cross section (see figure 2).
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka.
Regarding claim 3, Otsuka discloses the claimed invention except specifically for a length of the protrusion region in the longitudinal direction is 30% or more of an entire length of the formed article in the longitudinal direction. Otsuka teaches that the protrusion section P1 can extend along the entire length of the article or only in a central section as depicted in figure 4A and as depicted in figure 4B. Though the drawings of Otsuka depict the protrusion section extending about half the length of the article, such dimensions are not positively disclosed within Otsuka. Lines 462-476 of the English translation of Otsuka disclose the length can be altered in order to obtain a desired collision safety performance and thus it would have been obvious before the effective filing date of the claimed invention to have constructed the protrusion region to extend 30% or more of the length of the article in order to save on costs of construction while maintaining an optimal collision safety performance and also since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian D Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
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