DETAILED ACTION
This action is a first action on the merits. The claims filed on September 3, 2024 have been entered. Claims 1-20 are pending and addressed below.
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 .
Priority
This application claims foreign priority to Republic of Korea Application No. KR10-2024-0020494 filed on February 13, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on September 3, 2024 has been considered by the Examiner.
Claim Objections
Claim 20 is objected to because of the following informalities: The recitation of “the D-post internal” in line 2 should likely be --the D-post internal member--. Appropriate correction is required
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.
Claim 7 is 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 7: Claim 7 recites “the lower reinforce is formed to be bent” on lines 1-2. It is unclear as to whether the lower reinforce is actually bent or is configured to or capable of being bent. For the purposes of examination the Examiner has assumed that the lower reinforce is bent. Appropriate correction and/or clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4, 6, 10-12, 14-15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallagher et al., US 9,126,630 (hereinafter Gallagher).
Claim 1: Gallagher discloses a rear side structure of a cargo box (truck box 14) of a vehicle (vehicle 10) including a cabin (cabin 12) where occupants board (via doors see Fig 1), the rear side structure (14) comprising:
a side external panel (first body side panel 22, second body side panel 23) provided on an external side of the cargo box ( as shown in Fig 1) and forming an exterior of the cargo box provided at a rear side of the cabin (first and second body panels 22, 23 for cargo box 14 at rear side of cab 12);
a side internal panel (first inner body side panel 46, second inner body side panel 48) provided on an internal side of the side external panel in the cargo box (14) (as shown in in Fig 1-2, col 5, ln 15-23);
a D-post external member (outer sidewall of rear box pillars 60) forming an external side of a pair of D-posts (80) configured to support a tailgate (tailgate 20) at opposite sides of the cargo box (14);
a D-post internal member (inner sidewall of rear box pillars 60) forming an internal side of the pair of the D-posts (60) and fastened to the D-post external member (rear box pillars 60 may be comprised of more than one component, such as an inner and outer component, each of the rear box pillars 60 includes a plurality of sidewalls which define a rear box pillar cavity 66, col 5, ln 34-51); and
a rear floor member (bed 16 and rear cross member 64) disposed at a rear end portion of the cargo box (14) in a width direction of the vehicle (10) ( see Fig 1-2) and connected to a lower end portion of the pair of the D-posts (rear box pillars 60) (as shown in Fig 1-2, 5-6).
Claim 2: Gallagher discloses wherein the rear floor member (bed 16 and rear cross member 64) includes:
a lower rear floor member (rear cross member 64) fastened to a frame of the vehicle (angled portion 92 of cross member 64 may provide space for components of the vehicle 10 such as components of the vehicle frame (not shown), Fig 5, 9, col 6, ln 12-15); and
an upper rear floor member (bed 16) positioned above the lower rear floor member (64) ( as seen in Fig. 5, 8-9).
Claim 3: Gallagher discloses further including:
a side upper member (upper portion at D-pillar region 24d, Fig 5) disposed at an upper end portion of the side external panel (22, 23) or an upper end portion of the side internal panel (46, 48) in a longitudinal direction of the vehicle (10) (as shown in Fig 1-2, 5-6, 8-9) ,
wherein an upper end portion of the D-post external member (outer sidewall of rear box pillars 60) and an upper end portion of the D-post internal member (inner sidewall of rear box pillars 60) are fastened to the side upper member (rear box pillars 60 assist in supporting the D-pillar regions 24d, col 5, ln 34-45).
Claim 4: Gallagher discloses wherein the D-post external member (outer sides of rear box pillars 60) is fastened to an end portion of the upper rear floor member (bed 16 is fastened to the cross member 64 attached to the rear box pillars 60 and therefore attached to the outer sides of the rear box pillars, see Fig 5-6).
Claim 6: Gallagher discloses wherein the D-post internal member (inner sides of rear box pillars 60) is fastened to the upper rear floor member (bed 16) through a lower reinforce (rear cross member 64).
Claim 10: Gallagher discloses wherein further including a center reinforce (plurality of pillar portion web supports 88 within corner node 80) mounted between the D-post external member (outer sides of rear box pillars 60) and the D-post internal member (inner sides of rear box pillars 60) (as seen in Fig 7A, 8-9).
Claim 11: Gallagher discloses wherein the center reinforce (88) is brought into contact with an internal surface of the D-post external member within a predetermined distance from a first end portion (sidewalls of the pilar portion 84) of the center reinforce (sidewalls of the pillar portion 84 of the corner node 80 may correspond and be secured to inner portions of the sidewalls of the rear box pillars 60, col 6, ln 59-col 7, ln 3), and the center reinforce is brought into contact with an internal surface of the D-post internal member within a predetermined distance from a second end portion (sidewalls of the pilar portion 84) of the center reinforce (sidewalls of the pillar portion 84 of the corner node 80 may correspond and be secured to inner portions of the sidewalls of the rear box pillars 60, col 6, ln 59-col 7, ln 3).
Claim 12: Gallagher discloses a rear side structure of a cargo box (truck box 14) of a vehicle (vehicle 10) including a cabin (cabin 12) where occupants board (via doors see Fig 1), the rear side structure (14) including:
a side external panel (first body side panel 22, second body side panel 23) provided on an external side of the cargo box ( as shown in Fig 1) to form an exterior of the cargo box provided at a rear side of the cabin (first and second body panels 22, 23 for cargo box 14 at rear side of cab 12);
a side internal panel (first inner body side panel 46, second inner body side panel 48) provided on an internal side of the side external panel in the cargo box (14) (as shown in in Fig 1-2, col 5, ln 15-23);
a side upper member (upper portion at D-pillar region 24d, Fig 5) disposed at an upper end portion of the side external panel (22, 23) or an upper end portion of the side internal panel (46, 48) in a longitudinal direction of the vehicle (10) (as shown in Fig 1-2, 5-6, 8-9) ,
a D-post external member (outer sidewall of rear box pillars 60) which forms an external side of a pair of D-posts (80) configured to support a tailgate (tailgate 20) at opposite sides of the cargo box (14);
a D-post internal member (inner sidewall of rear box pillars 60) forming an internal side of the pair of the D-posts (60) and fastened to the D-post external member (rear box pillars 60 may be comprised of more than one component, such as an inner and outer component, each of the rear box pillars 60 includes a plurality of sidewalls which define a rear box pillar cavity 66, col 5, ln 34-51); and
a rear floor member (bed 16 and rear cross member 64) disposed at a rear end portion of the cargo box (14) in a width direction of the vehicle (10) ( see Fig 1-2) and connected to a lower end portion of the pair of the D-posts (rear box pillars 60) (as shown in Fig 1-2, 5-6);
wherein an upper end portion of the D-post external member (outer sidewall of rear box pillars 60) and an upper end portion of the D-post internal member (inner sidewall of rear box pillars 60) are fastened to the side upper member (rear box pillars 60 assist in supporting the D-pillar regions 24d, col 5, ln 34-45).
Claim 14: Gallagher discloses a rear floor member (bed 16 and rear cross member 64) disposed at a rear end portion of the cargo box (14) in a width direction of the vehicle (10) ( see Fig 1-2) and connected to a lower end portion of the pair of the D-posts (rear box pillars 60) (as shown in Fig 1-2, 5-6).
Claim 15: Gallagher discloses wherein the rear floor member (bed 16 and rear cross member 64) includes:
a lower rear floor member (rear cross member 64) fastened to a frame of the vehicle (angled portion 92 of cross member 64 may provide space for components of the vehicle 10 such as components of the vehicle frame (not shown), Fig 5, 9, col 6, ln 12-15); and
an upper rear floor member (bed 16) positioned above the lower rear floor member (64) ( as seen in Fig. 5, 8-9).
Claim 20: Gallagher discloses further including: a center reinforce (plurality of pillar portion web supports 88 within corner node 80) between the D-post external member (outer sides of rear box pillars 60) and the D-post internal (inner sides of rear box pillars 60) (as seen in Fig 7A, 8-9), wherein the center reinforce (88) is brought into contact with an internal surface of the D-post external member within a predetermined distance from a first end portion (sidewalls of the pilar portion 84) of the center reinforce (sidewalls of the pillar portion 84 of the corner node 80 may correspond and be secured to inner portions of the sidewalls of the rear box pillars 60, col 6, ln 59-col 7, ln 3), and the center reinforce is brought into contact with an internal surface of the D-post internal member within a predetermined distance from a second end portion (sidewalls of the pilar portion 84) of the center reinforce (sidewalls of the pillar portion 84 of the corner node 80 may correspond and be secured to inner portions of the sidewalls of the rear box pillars 60, col 6, ln 59-col 7, ln 3).
Allowable Subject Matter
Claim 7 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.
Claims 5, 8-9, 13 and 16-19 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.
The following is a statement of reasons for the indication of allowable subject matter: Claims 5, 7-9, 13, and 16-19 contain allowable subject matter over the closest prior art as discussed above.
Regarding claims 5 and 16: Gallagher discloses a lower end portion of the D-post external member (outer sides of rear box pillars 60) is fastened to the side end portion of the upper rear floor member (as shown in Fig 5-6).
Gallagher fails to disclose wherein a side end portion of the upper rear floor member and a side end portion of the lower rear floor member are bent downward.
Regarding claim 7: Gallagher fails to disclose wherein the lower reinforce is formed to be bent, is brought into contact with a lower end portion of the D-post internal member and an upper surface of the upper rear floor member, and is fastened to the lower end portion of the D-post internal member and the upper surface of the upper rear floor member.
Regarding claims 8 and 18: Gallagher fails to disclose further including: an internal reinforce connecting a bottom surface of the upper rear floor member to the lower rear floor member between the upper rear floor member and the lower rear floor member. Specifically, there is no internal reinforce between the upper rear floor member and the lower rear floor member.
Regarding claim 13: Gallagher discloses the side upper member is formed so that a lower portion of the side upper member is open (as seen in Figure 24D) and an upper surface and first and second side surfaces of the side upper member (24D) are each formed to include a cross section bent (cross section is shown in Fig 6).
Gallagher fails to disclose a cross section bent at a right angle, respectively, and wherein the upper end portion of the D-post external member and the upper end portion of the D-post internal member are fastened on an internal surface of the side upper member. Specifically the side surfaces of the side upper member (24D) are not at right angles to the upper surface and the D-post (rear box pillar 60) does not appear to be fastened on the internal surface of the upper side member (24d) (see Fig 6).
Regarding claim 17: Gallagher fails to disclose wherein the D-post internal member is fastened to the upper rear floor member through a lower reinforce, and wherein the lower reinforce is formed to be bent, is brought into contact with a lower end portion of the D-post internal member and an upper surface of the upper rear floor member, and is fastened to the lower end portion of the D-post internal member and the upper surface of the upper rear floor member. Specifically, Gallagher does not disclose a lower reinforce.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
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