CTNF 18/798,013 CTNF 86181 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 07-29 AIA The disclosure is objected to because of the following informalities: In paragraph 0018, line 1, “to overlapping” should be changed to --to overlap-- or --to be overlapping--. In paragraph 0018, line 2, “as overlapping” should be changed to --as to be overlapping--. In paragraph 0042, line 8, “sprit” should be changed to --spirit--. In paragraph 0063, line 2, “can be is” should be changed to --it can be-- or --it is--. In paragraph 0073, line 1, “to which can be fastened to” should be changed to --which can be fastened to-- or --to which can be fastened --. Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 14 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Lee et al. (US 2023/0227105 A1). Lee discloses a vehicle structure comprising: a rear side member (7, 9 and 15) coupled to a rear side of a center side member MP; a mounting hole formed in a kick-up portion KU of the rear side member so as to be open backward and downward (Figs. 2-4); and a mounting bracket 13 inserted into and coupled to the mounting hole, the mounting bracket being configured to rotatably support a front end portion of a trailing arm 11. The kick-up portion of the rear side member extends backward and upward and is formed proximate to where the rear side member is coupled to the center side member; and wherein the mounting hole is located at a portion where the rear side member starts extending rearward and upward from an area where it is coupled to the center side member (Figs. 1-3; paragraphs 0043 and 0046-0048) . 07-15 AIA Claim s 1-4 and 14 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kohara et al. (JP 2006-069475 A). Kohara discloses a vehicle structure comprising: a rear side member 2 coupled to a rear side of a center side member (shown on an outboard side of the rear side member in Fig. 1); a mounting hole formed in a kick-up portion of the rear side member so as to be open backward and downward (Figs. 1-4); and a mounting bracket 10 inserted into and coupled to the mounting hole (Figs. 1, 3 and 4), the mounting bracket being configured to rotatably support a front end portion of a trailing arm 9. The rear side member is formed to have a U-shaped section (Figs. 2 and 3) and to be elongated in a forward-backward direction of a vehicle (Fig. 1), and wherein the mounting bracket is formed to have an inverted U-shaped section (Figs. 3-5) so as to overlap and to be inserted into the U-shaped section of the rear side member (Figs. 1, 3 and 4), and is coupled to the rear side member so as to surround an entire periphery of the mounting hole to block communication between an upper side of the rear side member and a lower side of the rear side member via the mounting hole (Figs. 1, 3 and 4). The front end portion of the trailing arm is inserted into and mounted in the mounting bracket so that a rotary shaft (at 20) of the trailing arm is located inside the U-shaped section of the rear side member and the inverted U-shaped section of the mounting bracket (Fig. 3). The portion of the rear side member in which the mounting hole is open is formed to have an enlarged width in a lateral direction of the vehicle compared to any other portions of the rear side member (Fig. 1). The kick-up portion of the rear side member extends backward and upward and is formed proximate to where the rear side member is coupled to the center side member (Figs. 1 and 4); and wherein the mounting hole is located at a portion where the rear side member starts extending rearward and upward from an area where it is coupled to the center side member (Figs. 1 and 4) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kohara et al. (JP 2006-069475 A) in view of Inagaki et al. (WO 2017/217117 A1). Kohara teaches the limitations of claim 3, as explained above. Kohara does not teach the limitations of claim 5. Inagaki teaches a rear cross member (at 18) mounted farther inward than a rear side member (e.g., 13) and extending in a lateral direction of a vehicle; and a rear cross extension (at 18a) mounted between the rear cross member and a rear side member 13 and expanding in a direction from the rear cross member toward the rear side member (Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an invention as taught by Kohara with a rear cross member and a rear cross extension as taught by Inagaki such that the rear cross extension surrounds at least part of an inner side of the kick-up portion of the rear side member so that “when the impact load F1 is input to the side sill 12 from the vehicle body side by side collision, the input impact load F1 can be efficiently transmitted to the cross member 18 via the outrigger upper portion 71 and the bracket 16. Accordingly, the impact load F1 from the vehicle body side can be supported by the cross member 18. A left end portion 18a of the cross member 18 is coupled to the bracket 16 via the outrigger upper portion 71. Therefore, the outrigger upper portion 71 is reinforced by the cross member 18 and the bracket 16. As a result, the rigidity of the outrigger upper portion 71 (that is, the vehicle body rear portion of the vehicle 10) can be secured” (paragraph 0058). All the claimed elements were known in the cited prior art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results. MPEP § 2143(I)(A) . Claims 9 and 10 are rejected under 35 U.S.C. 103 as being obvious over Kohara et al. (JP 2006-069475 A) in view of Lee et al. (US 11,884,330 B1). Kohara teaches the limitations of claim 3, as explained above. Kohara does not teach the limitations of claims 9 and 10. Lee teaches a front reinforcing bracket (e.g., 33) mounted inside a rear side member (e.g., 7 and 9) at a position in front of a trailing arm 17. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a reinforcing bracket as taught by Lee mounted inside the rear side member at a position in front of the trailing arm (and also the mounting bracket) of an invention as taught by Kohara, since such a modification “ultimately improves rigidity of the side member 5 and improves the performance of the vehicle for handling rear-end collisions” (column 7, lines 28-30). Such a modification would result in an invention wherein the front reinforcing bracket is mounted such that the front reinforcing bracket, the rear side member, and the center side member overlap with each other (in a transverse direction of the vehicle – see Fig. 1 of Kohara). All the claimed elements were known in the cited prior art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results. MPEP § 2143(I)(A) . 07-22-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kohara et al. (JP 2006-069475 A) in view of Inagaki et al. (WO 2017/217117 A1) as applied to claim 5 above, and further in view of Lee et al. (US 2023/0227105 A1). In Kohara, the center side member is provided in a pair, wherein the pair of center side members is symmetrically positioned on both sides of the vehicle (Fig. 1). Kohara does not teach a battery. Lee teaches a battery 3 mounted between a pair of center side members MP, wherein the battery is fixed to the pair of center side members and a rear cross member 41 (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a battery as taught by Lee for a fuel tank 15 as taught by Kohara in order to power the vehicle with electricity instead of “fuel” to thereby avoid emitting harmful emissions and/or pollution. All the claimed elements were known in the cited prior art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results. MPEP § 2143(I)(A) . 07-21-aia AIA Claim s 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2023/0227105 A1) in view of Inagaki et al. (WO 2017/217117 A1). Lee teaches a vehicle comprising: a trailing arm 11 of a rear suspension system (Fig. 2); a battery 3; and a vehicle structure, wherein the vehicle structure comprises: a pair of center side members MP being symmetrically positioned on both sides of the vehicle (Fig. 1), a rear side member (7, 9 and 15) coupled to a rear side of one of the center side members; a mounting hole formed in a kick-up portion KU of the rear side member so as to be open backward and downward (Figs. 2-4); and a mounting bracket 13 inserted into and coupled to the mounting hole, the mounting bracket being configured to rotatably support a front end portion of the trailing arm; a rear cross member 41 mounted farther inward than the mounting hole and extending in a lateral direction of the vehicle; wherein the battery is mounted between the pair of center side members (Fig. 1), and wherein the battery is fixed to the pair of center side members and the rear cross member (Fig. 1). Lee does not teach a rear cross extension mounted between the rear cross member and the rear side member and expanding in a direction from the rear cross member toward the rear side member so as to surround at least part of an inner side of the kick-up portion of the rear side member. Inagaki teaches a rear cross extension (at 18a) mounted between a rear cross member (at 18) and a rear side member (e.g., 13) and expanding in a direction from the rear cross member toward the rear side member (Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an invention as taught by Lee with a rear cross extension, as taught by Inagaki, in order to similarly connect the rear cross member to the rear side member. Using a rear cross extension as taught by Inagaki would advantageously provide a larger contact surface at the connection to the rear side member, thereby providing a stronger joint at the rear cross member. The larger cross-section of the rear cross extension would also advantageously increase the overall strength and rigidity of the frame of the vehicle. Such a modification would result in a structure wherein the rear cross extension would surround at least part of an inner side of the kick-up portion of the rear side member (see Figs. 1-4 of Lee). All the claimed elements were known in the cited prior art, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results. MPEP § 2143(I)(A) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 6-8, 11-13, 15, 16 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Said prior art teach mounting arrangements for trailing arms and/or cross members . Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH J FRISBY whose telephone number is (571)270-7802. The examiner can normally be reached M-F 9:00AM - 5:00PM. 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, Jason Shanske can be reached at (571)270-5985. 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. /KEITH J FRISBY/ Primary Examiner, Art Unit 3614 Application/Control Number: 18/798,013 Page 2 Art Unit: 3614 Application/Control Number: 18/798,013 Page 3 Art Unit: 3614 Application/Control Number: 18/798,013 Page 4 Art Unit: 3614 Application/Control Number: 18/798,013 Page 5 Art Unit: 3614
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