DETAILED ACTION
This action is a first action on the merits. The claims filed on September 11, 2024 have been entered.
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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). T
This application claims benefit of Republic of Korea Patent Application No. KR1--2024-0072628 filed on June 3, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the recitation of “An embodiment” in line 1 is considered to be an implied phrase. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8, and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kihara et al., US2013/0069393 (hereinafter Kihara).
Claim 1: Kihara discloses a front structure for a vehicle (vehicle 10) (as seen in Fig 1), the front structure comprising:
a dash panel (dash panel 19) configured to partition a passenger compartment (passenger compartment 12) of the vehicle (10) from a front compartment (engine space 13) of the vehicle (10) (Fig 1, par [0042]);
a pair of front side members (left and right front side frames 16, 16) extending from the dash panel (19) toward a front end of the vehicle (10) (see Fig 1, par [0043]);
a dash crossmember (crossmember 24) fixed to a front surface of the dash panel (19) (shown in Fig 1, par [0043]) and extending in a width direction of the vehicle (crossmember 24 extends between the left and right front side frames 16, 16); and
a dust cover (cup-shaped joint cover 22) including an opening (opening 74) configured to receive a steering column (steering shaft 21) extending therethrough, wherein the dust cover (22) and the dash crossmember (24) are components of a structure (crossmember 24, including left and right crossmembers 65, 66, form a structure with a cup-shaped joint member 22, as shown in Fig 1, par [0060]).
Kihara is silent as to the dust cover and the dash crossmember are components of a unitary one-piece structure.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the dust cover and the crossmember of Kihara to be a unitary one-piece structure, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. In re Larson, 144 USPQ 347, 349 (CCPA 1965).
Claim 11: Kihara discloses a front structure for a vehicle (vehicle 10) (as seen in Fig 1), the front structure comprising:
a dash panel (dash panel 19) configured to partition a passenger compartment (passenger compartment 12) of the vehicle (10) from a front compartment (engine space 13) of the vehicle (10) (Fig 1, par [0042]);
a pair of front side members (left and right front side frames 16, 16) extending from the dash panel (19) toward a front end of the vehicle (10) (see Fig 1, par [0043]);
a dash crossmember (crossmember 24) fixed to a front surface of the dash panel (19) (shown in Fig 1, par [0043]) and extending in a width direction of the vehicle (crossmember 24 extends between the left and right front side frames 16, 16);
a dust cover (cup-shaped joint cover 22) including an opening (opening 74) configured to receive a steering column (steering shaft 21) extending therethrough, wherein the dust cover (22) and the dash crossmember (24) are components of a structure (crossmember 24, including left and right crossmembers 65, 66, form a structure with a cup-shaped joint member 22, as shown in Fig 1, par [0060]); and
a pair of inner support members (gussets 61, 61) fixed to a rear surface (side facing passenger compartment 12) of the dash panel (19) (see Fig 4, par [0057], [0093]), wherein each inner support member extends in a height direction of the dash panel (as shown in Fig 1, 4, par [0057], [0070], [0078]).
Kihara is silent as to the dust cover and the dash crossmember are components of a unitary one-piece structure.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the dust cover and the crossmember of Kihara to be a unitary one-piece structure, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. In re Larson, 144 USPQ 347, 349 (CCPA 1965).
Claim 2: Kihara discloses wherein the dust cover (22) is adjacent to an end portion of the dash crossmember (joint cover 22 is adjacent the inner ends of the left and right crossmembers 65, 66, and the joint cover 22 is adjacent the left end of left crossmember 65 as seen in Fig 1).
Claim 3: Kihara discloses wherein a rear end of each front side member (16, 16) is connected to the dash crossmember (end of left and right side frames 16, 16 attached to the crossmember 24 as shown in Fig 1-2).
Claim 4: Kihara discloses wherein a rear flange of each front side member (rear ends of horizontal portions 31 of the front side frames 16, 16) is fixed to the dash crossmember (cross member 24) (see Fig 1-2, par [0045], [0047]).
Claim 5: Kihara discloses further comprising a pair of inner support members (gussets 61, 61) fixed to a rear surface (side facing passenger compartment 12) of the dash panel (19) (see Fig 4, par [0057], [0093]), wherein each inner support member extends in a height direction of the dash panel (as shown in Fig 1, 4, par [0057], [0070], [0078]).
Claims 6 and 12: Kihara discloses wherein the inner support members (inclined portions 32, 32) are aligned with the front side members (16, 16), respectively (Fig 3-4, par [0033]-[0034]).
Claims 7 and 13: Kihara discloses wherein a top flange of each inner support member (32, 32) is aligned with a top flange of the dash crossmember (24) (left and right front side frames 16, 16 has rear inclined portions 32, 32, as shown in Fig 2-3).
Claims 8 and 14: Kihara discloses wherein a top flange of each inner support member (upper portion of rear inclined portions 32, 32) is aligned with a bottom flange (rear bonding portion 86) of the dash crossmember (24) (Fig 3-4, par [0072]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kihara in view of Yoshida et al., US 2023/0264746 (hereinafter Yoshida).
Claim 17: Kihara discloses a vehicle (vehicle 10) comprising:
a vehicle body (vehicle body 11) (par [0042]);
a dash panel (dash panel 19) disposed inside the vehicle (10), extending in a width direction of the vehicle (as shown in Fig 1, par [0042]-[0043]), and partitioning a passenger compartment (passenger compartment 12) of the vehicle (10) from a front compartment (engine space 13) of the vehicle (10) (Fig 1, par [0042]);
a pair of front side members (left and right front side frames 16, 16) spaced apart from each other in the width direction of the vehicle (left and right from side frames 16, 16 are spaced from each other, Fig 1-3) and extending from the dash panel (19) toward a front end of the vehicle (10) (see Fig 1, par [0043]);
a dash crossmember (crossmember 24) fixed to a front surface of the dash panel (19) (shown in Fig 1, par [0043]) and extending in a width direction of the vehicle (crossmember 24 extends between the left and right front side frames 16, 16); and
wherein the dash crossmember (crossmember 24) comprises:
a main body (right and left crossmembers 66, 65);
a first end portion (left cross member extension 51) and a second end portion (right cross member extension 51) are integrally connected to opposite ends of the main body (left and right crossmember extensions 51, 51 are spot-welded to the left and right crossmembers 65, 66) , respectively; and
a dust cover (cup-shaped joint cover 22) connected to the first end portion or the second end portion (joint cover 22 is connected between right and left cross members 66, 65 which are connected to the left and right cross member extensions 51, 51) and including an opening (opening 74);
a steering column (steering shaft 21) extending through the opening in the dust cover (22) (see Fig 3, par [0043]);
a floor (left and right floor frames 26, 26) connected to a bottom edge of the dash panel (19) (see Fig 3).
Kihara is silent as to the dash crossmember is a unitary one-piece structure, and the main body, first and second end portions and the dust cover are integrally connected.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the dust cover and the crossmember of Kihara to be a unitary one-piece structure, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. In re Larson, 144 USPQ 347, 349 (CCPA 1965).
Kihara fails to disclose a battery disposed below the floor.
Yoshida discloses a vehicle-body front structure including side frame protrusions (see Fig 1, par [0031]). The battery casing (10) is below the floor panel (70) and holds a battery (B) (Fig 2, par [0050]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the vehicle of Kihara to further include a battery disposed below the floor as disclosed by Yoshida, as one of ordinary skill in the art would have recognized that applying the known technique of a battery located below the floor would have yield predictable results of a battery disposed below the floor panel for supplying electric power to the traveling motor (Yoshida, par [0008]) and resulted in an improved system.
Claim(s) 9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kihara in view of Kosaka et al., US 2008/0150271 (herainfter Kosaka).
Claims 9 and 15: Kihara fails to discloses further comprising an inner transverse member connecting the pair of inner support members, wherein the inner transverse member extends in the width direction of the vehicle.
Kosaka discloses a front structure (front structure 1) of a vehicle body (see abstract) including a pair of inner support members (A-pillar 4) fixed to the dash panel (9) and an inner transverse member (cowl part 7) connecting the pair of inner support members (4), wherein the inner traverse member (7) extends in a width direction of the vehicle (see Fig 1, 3-4) (par [0026]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the front structure of Kihara to include an inner traverse member as disclosed by Kosaka as one of ordinary skill in the art would have recognized that applying the known technique of a transverse member connecting the inner support members would have yielded the predictable results providing additional vehicle framework for efficiently dispersing collision load (F) (Fig 2, par [0026]).
Allowable Subject Matter
Claims 10, 16, and 18 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 10, 16, and 18 contain allowable subject matter over the closest prior art as discussed above.
Kihara discloses the limitations of the claims as discussed above.
Kosaka further discloses a front structure (front structure 1) of a vehicle body (see abstract) including a pair of inner support members (A-pillar 4) fixed to the dash panel (9) and an inner transverse member (cowl part 7) connecting the pair of inner support members (4), wherein the inner traverse member (7) extends in a width direction of the vehicle (see Fig 1, 3-4) (par [0026]).
Kihara and Kosaka fail to disclose “a plurality of inner reinforcing members extending downward from the inner transverse member toward the floor of the vehicle” as recited in claims 10, 16, and 18.
The Examiner is unaware of prior art which reasonably suggests alone, or in combination, the limations of the invention as claimed.
Conclusion
Claims 1-9, 11-15, and 17 are rejected. Claims 10, 16, and 18 are objected to. No claims are allowed.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676