DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Claims 3-4 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/21/2026.
3. Applicant’s election without traverse of Species 6 in the reply filed on 8/21/2026 is acknowledged.
Drawings
4. Figures 3a-3d, 9b, 9c, 14c, 16b, 19b should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Specification
5. The abstract of the disclosure is objected to because the abstract in an application filed under 35 U.S.C. 111 may not exceed 150 words in length. Correction is required. See MPEP § 608.01(b).
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.
6. Claims 1-2 and 5 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 1 recites “a first inflection point” (Line 12), “a plurality of the first inflection points are provided” (Line 14), “the first inflection point” (Lines 15, 18-19). Claim 5 recites “the first inflection point”. It is unclear how many first inflection points are required and how they reconcile.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claim(s) 1-2 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tyan (US 10,393,315).
Citations correspond to a first interpretation of the prior art unless otherwise noted.
As per claim 1, Tyan discloses an impact absorbing member (100; Alternate interpretation: 300) that absorbs an impact by being crushed in an axial direction (Both interpretations: Col. 1, lines 30-44), the impact absorbing member comprising a cylindrical shape (Both: 100, Fig. 1B) including a plurality of planar portions (102; Alternate: 302), extending along the axial direction, wherein:
when a cross section perpendicular to the axial direction of the impact absorbing member is set to a first cross section (Fig. 1A; Alternate: Fig. 3), and
a cross section defined by extension lines of a plurality of sides in the first cross section is set to a second cross section (Fig. 1A; Alternate: Fig. 3),
the second cross section is a polygon having no interior angle of 180° or more (Fig. 1A; Alternate: Fig. 3);
the first cross section includes a shared vertex (104B; Alternate: 304B) that is shared by the second cross section, and a recessed groove (106B; Alternate: 306B) that is positioned to correspond to a vertex (Fig. 1A; Alternate: Fig. 3) of the second cross section;
the recessed groove has:
a first inflection point (106B; Alternate: 306B) being a vertex whose interior angle is greater than 180°; and
a second inflection point (104D; Alternate: 304D) being a vertex whose interior angle is less than 180°;
a plurality of the first inflection points (106A, 106B, 106C; Alternate: 306A, 306B, 306C) are provided;
the first inflection point and the second inflection point are alternately arranged along a circumferential direction of the first cross section in at least a part of region of the first cross section (106B, 104D; Alternate: 306B, 304D);
an interior angle of at least one vertex of the first cross section excluding the first inflection point and the second inflection point is 100° or more (θi5; Col. 9, lines 33-36; Alternate: θi5; Col. 13, lines 42-48); and
the first cross section does not have a partition wall portion in the inside thereof (Fig. 1A; Alternate: Fig. 3).
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As per claim 2, Tyan discloses the impact absorbing member according to claim 1, wherein a width-height ratio of the first cross section is 0.70 or less (Alternate: Fig. 3; Col. 14, lines 7-21).
As per claim 5, Tyan discloses the impact absorbing member according to claim 1, wherein: each interior angle of less than 180° in the first cross section is 75° or more and 135° or less (Col. 9, lines 33-41); and
each angle of an exterior angle of the first inflection point in the first cross section is 75° or more and 135° or less (Col. 9, lines 33-41).
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Crash cans
Tyan (US 10,144,454).
Tyan (US 2018/0304340).
Tyan et al (US 2018/0057060).
Tyan (US 2018/0058530).
Tyan (US 2017/0274933).
Tyan et al (US 2017/0113724).
Keller et al (US 2016/0001726).
Tamura et al (US 2015/0197206).
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN M BOWES whose telephone number is (571)270-0460. The examiner can normally be reached Monday-Friday, 8:30am-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, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN M. BOWES IV
Examiner
Art Unit 3616
/STEPHEN M BOWES/Examiner, Art Unit 3616
/BRADLEY T KING/Primary Examiner, Art Unit 3616
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