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 .
Drawings
The drawings are objected to as failing to comply with PCT Rule 11.13(l) because they include reference character(s) not mentioned in the description:
67 (as shown in Fig. 8B of Applicant’s drawings); and
76 (as shown in Fig. 8A of Applicant’s drawings).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) 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.
Claim Interpretation
While the language of the last paragraph of claim 32 does not appear to be explicitly stated in the specification, it is interpreted as follows:
“a first gap is provided between a part of the rocker portion and an upper flange of the inner plate of the rocker,” as shown below in the image taken from Fig. 8A of Applicant’s drawings:
[AltContent: textbox (upper flange of the inner plate of the rocker)][AltContent: ]
[AltContent: textbox (first gap)][AltContent: textbox (part of the rocker portion)][AltContent: ][AltContent: ][AltContent: arrow]
PNG
media_image1.png
176
238
media_image1.png
Greyscale
“a second gap is provided between a part of the A-pillar potion and a lower flange of the inner plate of the A-Pillar,” as shown below in the image taken from Fig. 8A of Applicant’s drawings:
[AltContent: ][AltContent: textbox (inner plate of A-pillar)][AltContent: textbox (lower flange of the outer plate of the A-pillar)][AltContent: ][AltContent: ][AltContent: ][AltContent: arrow]
PNG
media_image2.png
148
266
media_image2.png
Greyscale
[AltContent: textbox (second gap)]
However, it is noted that the lower flange of the A-pillar appears to be part of the outer plate of the A-pillar, not the inner plate as recited in claim 32. See below 112(b) rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 16-22, 24-28, and 31 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 16, in the last paragraph of the claim, Applicant recites “wherein the unitary body side structural frame is an outer frame and configured to be attached to a lower flange of an inner plate of a rocker such that a gap is provided between the transition of the rocker portion to the C-pillar portion and an upper flange of the inner plate.” However, no support can be found in the application, as originally filed, for a gap “provided between the transition of the rocker portion to the C-pillar portion and an upper flange of the inner plate.” It is noted that the specification does support a gap between the transition of the rocker portion (inner plate 60) to the B-pillar portion 2/10 and an upper flange of the inner plate 60 (paragraphs [0096] and [0130] of the application’s publication; Fig. 8A).
Claims 32 and 34-37 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.
In claim 32, in the last paragraph of the claim, Applicant recites, “a first gap is provided between a part of the rocker portion and an upper flange of the inner plate of the rocker [emphasis added], and a second gap is provided between a part of the A-pillar portion and a lower flange of the inner plate of the A-pillar [emphasis added].”
However, it is noted that in Figs. 8A-8B of Applicant’s drawings, neither of the depicted embodiments include both the upper flange of the inner plate of the rocker and the lower flange of the inner plate of the A-pillar. The upper and lower flanges are always located on opposite sides (inner vs. outer plates) in each embodiment. For purposes of expediting examination, claim 32 will be interpreted as if it recited:
-- a first gap is provided between a part of the rocker portion and an upper flange of the inner plate of the rocker, and a second gap is provided between a part of the A-pillar portion and a lower flange of the outer plate of the A-pillar--.
Allowable Subject Matter
Claims 32 and 34-37 would be allowable if rewritten or amended 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.
Due to the above 112(a) rejection of claims 16-22, 24-28, and 31, the allowability of these claims could not be determined at this time.
Response to Arguments
Regarding claims 32 and 34-37, in view of Applicant’s amendment and arguments filed on 9/15/2026, and in view of the interpretation of claim 32, as outlined in the above 112(b) rejection, the prior art rejection set forth in the non-final rejection of 6/16/2026 has been overcome.
Regarding claims 16-22, 24-28, and 31, while the amendment would overcome the prior art rejection set forth in the non-final rejection of 6/16/2026. However, as noted above, the claim includes new matter and thus a determination of allowability could not be accurately be made.
Conclusion
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 DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/ Primary Examiner, Art Unit 3612
