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 .
This communication is in response to application No. 18/819,156, filed on 8/29/2024. Claims 1-20 are currently pending and have been examined. Claims 1-6, 8-12 and 15-19 have been rejected as follows. Claims 7, and 13-14 are objected to. Claim 20 is allowed.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following limitations are interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
Claim 16, “means for providing multiple connection points…” The corresponding structure in the disclosure for performing the claimed means for providing multiple connection points is a center pillar bracket (60), center pillar bracket mounting portion (64), and center pillar mounting portions (41-44); see detailed description, [0094]-[0100]. Therefore, the interpretation of the “means for providing multiple connection points…” is a center pillar bracket, center pillar bracket mounting portion, center pillar mounting portions and equivalents thereof.
Claims 17, 18 and 19, “means for strengthening…” The corresponding structure in the disclosure for performing the claimed means for strengthening is a front supporter (80) and upper, center, & lower rear supporters (90, 120, 130); see detailed description, [0112]-[0117]. Therefore, the interpretation of the “means for strengthening…” is a front supporter and upper, center, & lower rear supporters and equivalents thereof.
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 and 16-19 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 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: “a variable part”. Applicant claims a variable part connecting portion mounted on the front pillar but does not claim “a variable part” in any of the claims for such connection. It is unclear as to whether applicant is claiming the modular vehicle with a fixing part and a variable part as disclosed in the specification. For examination purposes, the claim is interpreted as including “a variable part”.
Regarding claims 16-19, the claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant, ensuring that the scope is clear to a person of ordinary skill in the art. Claims 16-19 negatively recite applicant’s invention (for example: “optional” braces, implemented “depending on” a customization, using “a selection” of the “optional” braces, when a side door and glass window are “omitted”) making it unclear what particular structure is required for the claims, thus the metes and bounds of the claims cannot be determined. Applicant must positively recite the structure required for the particular configuration that each claim is intended to encompass.
The MPEP addresses the use of “optionally” in claims under MPEP 2173.05(h), which deals with alternative limitations and claim language. The guidance indicates that claims using “optionally” are acceptable when it is clear which elements are required and which are not. This allows applicants to define certain features as non-mandatory while still maintaining clarity regarding the scope of the invention. However, in the instant application, claims 16-19 do not positively recite which elements are required and which are not; therefor the metes and bounds of the claims cannot be determined.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jonsson (US Patent No. 6,267,438).
Regarding claim 1, as broadly claimed, Jonsson discloses a side structure (Fig. 4) of a vehicle body (100, Fig. 4; column 3, lines 34-39) comprising a center pillar (12, Fig. 2 & 4; column 2, lines 31-34) having a center pillar mounting portion (pillar connection to other parts of the vehicle body; see annotated Figure 1 below) supporting a supporter (31, Fig. 2; see annotated Figure 1 below); and a center pillar bracket (20, Fig. 2) to which a center pillar bracket mounting portion (see annotated Figure 1 below) is formed to support the supporter (31, Fig. 2), and the center pillar bracket (20, Fig. 2) being connected to the center pillar (12, Fig. 2). See annotated Figure 1 below.
Figure 1:
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Regarding claim 2, Jonsson further discloses wherein the center pillar (12, Fig. 2) comprises: a center pillar front flange (13, Fig. 2, see annotated Figure 1 above; column 2, lines 35-41) extending in a front direction of the vehicle body, and a center pillar rear flange (14, Fig. 2) extending in a rear direction of the vehicle body; and wherein the center pillar bracket (20, Fig. 2) comprises: a center pillar bracket front flange (21, Fig. 2) connected to the center pillar front flange, and a center pillar bracket rear flange (22, Fig. 2) connected to the center pillar rear flange. See annotated Figure 1 above.
Claims 1 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hedderly (US Patent No. 7,810,876).
Regarding claim 1, as best understood, Hedderly discloses a side structure (Fig. 13) of a vehicle body (14, Fig. 2-3) comprising a center pillar (256, 258, Fig. 13) having a center pillar mounting portion (side of 256) supporting a supporter (roof, floor, sills, or rear components); and a center pillar bracket (292, Fig. 13) to which a center pillar bracket mounting portion (mating feature of 292) is formed to support the supporter, and the center pillar bracket (292, Fig. 13) being connected to the center pillar (256, 258, Fig. 13). The limitation of a center pillar mounting portion is broadly interpreted as any structure where the pillar connects or abuts to other parts of the vehicle body as no further structure is recited to define the “mounting portion”.
Regarding claim 16, as best understood, Hedderly discloses a side structure for a modular vehicle (Fig. 13) upper body portion comprising a center pillar (256, 258, Fig. 13); and means for providing multiple connection points (292, Fig. 13) on the center pillar for required (roof, floor, sills) and optional braces (rear components) implemented depending on a customization of the modular vehicle upper body portion.
Regarding claim 17, Hedderly discloses all of the claimed limitations of the invention as claimed in claim 16 above, and further discloses means for strengthening the modular vehicle upper body portion (440, Fig. 20) using a selection of the optional braces when a side door is omitted (see embodiment of Fig. 20 & 22). Figures 20 & 22 show a modular vehicle side structure when a door is omitted. The structure is a vehicle with sides, pillars, sill and roof structures that strengthen the body from collision.
Regarding claim 18, Hedderly discloses all of the claimed limitations of the invention as claimed in claim 16 above, and further discloses means for strengthening the modular vehicle upper body portion (440, Fig. 20) using a selection of the optional braces when a glass window is omitted (see embodiment of Fig. 20). Figure 20 shows a modular vehicle side structure when a glass window is omitted. The structure is a vehicle with sides, pillars, sill and roof structures that strengthen the body from collision.
Regarding claim 19, Hedderly discloses all of the claimed limitations of the invention as claimed in claim 16 above, and further discloses means for strengthening the modular vehicle upper body portion (440, Fig. 20) using a selection of the optional braces when a side door and a glass window are omitted (see embodiment of Fig. 20). Figure 20 shows a modular vehicle side structure when a side door and a glass window are omitted. The structure is a vehicle with sides, pillars, sill and roof structures that strengthen the body from collision.
Claims 1-6, 8-10, 12 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gim et al (US 2024/0208588).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Gim et al discloses a side structure of a vehicle body (20, Fig. 2) comprising a center pillar (102, Fig. 2 & 13B; see annotated Figure 2 below) having a center pillar mounting portion (sides of pillar 102, pillar connection to other parts of the vehicle body) supporting a supporter (110, Fig. 13B); and a center pillar bracket (140, Fig. 10; see annotated Figure 2 below) to which a center pillar bracket mounting portion (see annotated Figure 2 below) is formed to support the supporter (110, Fig. 13B), and the center pillar bracket (140, Fig. 10) being connected to the center pillar (102, Fig. 13B). The limitation of a center pillar mounting portion is broadly interpreted as any structure where the pillar connects or abuts to other parts of the vehicle body as no further structure is recited to define the “mounting portion”. See annotated Figure 2 below.
Figure 2:
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Regarding claim 2, Gim et al further discloses wherein the center pillar comprises: a center pillar front flange (see annotated Figure 2 above) extending in a front direction of the vehicle body, and a center pillar rear flange (see annotated Figure 2 above) extending in a rear direction of the vehicle body; and wherein the center pillar bracket comprises: a center pillar bracket front flange (see annotated Figure 2 above) connected to the center pillar front flange, and a center pillar bracket rear flange (see annotated Figure 2 above) connected to the center pillar rear flange.
Regarding claim 3, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 2 above, and further discloses wherein the center pillar bracket mounting portion (see annotated Figure 2 above) extends in the front direction of the vehicle body of the center pillar bracket (see annotated Figure 2 above).
Regarding claim 4, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 3 above, and further discloses wherein the center pillar mounting portion is formed in plural (two brackets support two rear supporters 110, see annotated Figure 2 above) in the rear direction (toward rear pillar 103, Fig. 13B) of the vehicle body of the center pillar (102, Fig. 13B). The limitation of a center pillar mounting portion is broadly interpreted as any structure where the pillar connects or abuts to other parts of the vehicle body as no further structure is recited to define the “mounting portion”.
Regarding claim 5, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 4 above, and further discloses wherein the plurality of center pillar mounting portions include: a center pillar central mounting portion (sides of pillar 102), and wherein the side structure further includes: a rear pillar (103, Fig. 13C, see annotated Figure 2 above) disposed at a rear of the center pillar (102, Fig. 13B, see annotated Figure 3 below); and a rear center supporter (110 at center) supported by the center pillar central mounting portion and connected to the rear pillar. See annotated Figure 2 above. The limitation of a center pillar mounting portion is broadly interpreted as any structure where the pillar connects or abuts to other parts of the vehicle body as no further structure is recited as no further structure is recited to define the “mounting portion”.
Regarding claim 6, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 5 above, and further discloses wherein the plurality of center pillar mounting portions include a center pillar lower mounting portion (see annotated Figure 2 above) formed below the center pillar central mounting portion, and wherein the side structure further includes a rear lower supporter (110 below center supporter) disposed below the rear center supporter (110, Fig. 13B, see annotated Figure 2 above), supported by the center pillar lower mounting portion, and connected to the rear pillar (103, Fig. 13B). The limitation of a center pillar mounting portion is broadly interpreted as any structure where the pillar connects or abuts to other parts of the vehicle body as no further structure is recited as no further structure is recited.
Regarding claim 8, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 4 above, and further discloses a rear pillar (103, Fig. 13B) disposed at a rear of the center pillar (102, Fig. 13B); one or more rear supporters (110, Fig. 13B, see annotated Figure 2 above) supported by a rear portion of the center pillar mounting portion and connected to the rear pillar (103, Fig. 13B); and one or more rear support brackets (two brackets on 103, see annotated Figure 2 above) mounting the one or more rear supporters (110, Fig. 13B) to the rear pillar (103, Fig. 13B). See annotated Figure 2 above.
Regarding claim 9, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 8 above, and further discloses wherein the rear pillar (103, Fig. 13B) further includes a rear pillar flange extending in the front direction (toward 102) of the vehicle body, and wherein the one or more rear support brackets (two brackets on 103, see annotated Figure 2 above) are connected to the one or more rear supporters (110, Fig. 13B, see annotated Figure 2 above), respectively.
Regarding claim 10, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 3 above, and further discloses a front pillar (101, Fig. 2) disposed at a front of the center pillar (102, Fig. 2); and a front supporter (110, Fig. 2 & 10; see annotated Figure 3 below) supported by the center pillar bracket mounting portion (bracket connection to supporter) and connected to the front pillar (101, Fig. 2).
Figure 3:
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Regarding claim 12, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 10 above, and further discloses wherein the front pillar (101, Fig. 2) includes a front pillar flange (see annotated Figure 3 above) extending in the rear direction (toward pillar 103) of the vehicle body, and wherein the side structure further includes a front support bracket (130, Fig. 2) surrounding and connecting the front supporter (110, see annotated Figure 3 above) and the front pillar flange (see annotated Figure 3 above).
Regarding claim 15, Gim et al discloses all of the claimed limitations of the invention as claimed in claim 10 above, and further discloses a front vertical supporter (see annotated Figure 3 above) connecting the front supporter and a side sill.
Allowable Subject Matter
Claim 20 is allowed.
Claims 7, and 13-14 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.
Claim 11 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The primary reason for indication of allowable subject matter in claim 7 is the combination of applicant’s structure with the inclusion of a rear upper supporter disposed above the rear center supporter, and connected to the rear pillar, wherein the rear upper supporter is disposed in a position corresponding to a glass mount portion formed on the rear of the vehicle body. The closest prior art of Gim et al (US 2024/0208588) does not disclose this selected supporter attachment point. Applicant’s rear upper supporter 90 is in a position corresponding to the glass mounting portion 18 formed at the rear of the vehicle body 10 so that if the glass is omitted, the rear upper supporter 90 can connect the center pillar 40 and the rear pillar 50 to disperse loads in the length direction and vertical direction of the vehicle body 10 for maintaining side strength and collision resistance.
The primary reason for indication of allowable subject matter in claim 11 is the combination of applicant’s structure with a modular vehicle which would have a fixed part and a variable part defined by the inclusion of a variable part connecting portion mounted on the front pillar, and wherein the front supporter is disposed toward the variable part connecting portion. Applicant’s center pillar bracket construction in this type of vehicle structure in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record. The closest prior art of Gim et al (US 2024/0208588) does not disclose a modular vehicle with a fixed part and a variable part. The closest prior art of Vitale (US Patent No. 8,727,426), Xin (US Patent No. 11,845,504), Andre (US 2007/0052261) and DiVito (US Patent No. 4,842,326) disclose modular vehicles with a fixed part and a variable part but do not disclose a center pillar bracket configuration as claimed for supporter attachment.
The primary reason for indication of allowable subject matter in claims 13-14 is the combination applicant’s structure with the inclusion of a door mounting portion supporter that connects a side sill and a roof side, and is mounted between the front pillar and the center pillar. The closest prior art of Gim et al (US 2024/0208588) does not disclose this supporter. Applicant’s door mounting portion supporter is provided to increase the height direction strength of the vehicle body 10 and support the front supporter 80. Claim 14 contains allowable subject matter by virtue of dependency from claim 13.
The primary reason for indication of allowable subject matter in claim 20 is the combination of applicant’s side framework structure with the inclusion of the claimed limitations “the side structure further includes a rear upper supporter disposed above the rear center supporter, supported by the center pillar upper mounting portion, and connected to the rear pillar, and wherein the rear upper supporter is disposed in a position corresponding to a glass mount portion formed on the rear of the vehicle body”; and “a variable part connecting portion mounted on the front pillar, and wherein the front supporter is disposed toward the variable part connecting portion” as discussed above in reference to claims 7 and 11. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record. It is noted that applicant’s multiple connection center pillar bracket appears to be novel, however the broad claim language does not structurally define the “mounting portions” over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sugiyama (US 2014/0191535) discloses a center pillar 14 having a bracket 55 and supporter 68. Makowski (US Patent No. 9,150,084) discloses rear supporters 140 for strengthening a vehicle side body. Yoshioka (JP-2007331571-A) discloses a center pillar 3 and pillar brackets 6-8 that support various components. Chen et al (2007/0108803) discloses a center pillar 12 and brackets 44 & 42.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Denise L Esquivel whose telephone number is (703)756-5825. The examiner can normally be reached Monday- Thursday 7:30 am-5:00 pm, alternate Fridays 7:30 am-4:00 pm.
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/D.L.E./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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