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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 10, 11, and 15 - 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plotzitzka et al. U.S. 2016/0193988 (“Plotzitzka”). Plotzitzka discloses a component connection (paragraph [0013]) for a body of a motor vehicle (auto bodywork), comprising:
at least two components (10, 20), each having a flange (16, 26) which adjoins a surface region (11, 14, 21, 24), and which are connected to each other in a region of a flange connection (32), wherein the flange connection forms a recess (33) which is lower with respect to the surface regions of the two components which adjoin the flanges of the two components (fig. 4, 5),
a filler material (39) fills the recess up to a height of the surface regions (11, 14, 21, 24) adjoining the flanges of the two components, and the surface regions of the two components and the filler material form an at least substantially planar sealing side (fig. 4, 5).
In reference to claims 11, and 15 – 17, Plotzitzka further discloses [[claim 11]] the two flanges are formed so as to be lower with respect to the adjoining surface regions of the two components (fig. 4);
[[claim 15]] wherein the two components and the recess filled by the filler material provide a planar sealing flange (fig. 4, 5);
[[claim 16]] wherein the flange connection extends transversely to the sealing flange (fig. 4, 5); and
[[claim 17]] wherein the two components are sheet metal components [0049].
In reference to claim 18, Plotzitzka discloses a method [0016] for producing a component connection [0014] for a body of a motor vehicle (auto bodywork), comprising:
providing at least two components (10, 20), each having a respective flange (16, 26) which adjoins a respective surface region (12, 22), for connection to each other in a region of a flange connection (fig. 4, 5);
forming a recess (33) with the flange connection, which recess is lower with respect to the respective surface regions adjoining the respective flanges (fig. 4, 5); and
filling the recess with a filler material (39) up to a height of the respective surface regions (11. 21) adjoining the respective flanges of the two components, wherein an at least substantially planar sealing side is formed by the respective surface regions and the filler material (fig. 4, 5).
Claim Rejections - 35 USC § 103
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Plotzitzka in view of Ito et al. US 6,560,838 (“Ito”). Plotzitzka discloses wherein one of the two flanges (16) is configured so as to be lower with respect to its adjoining surface region (14), but does not disclose the other of the two flanges (26) is located at a same height as its adjoining surface region (14). Ito teaches another of two flanges (at 14, at 154) located at a same height as its adjoining surface region (fig. 1(b), fig. 12, fig. 32(a), 32(b), fig. 44). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Plotzitzka such that it comprised the second of the two flanges at the same height as its adjoining surface region in view of the teachings of Ito obvious so as to minimize the seam and filler needed to seal the seam (fig. 1(b), fig. 12, fig. 32(a), 32(b), fig. 44).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Plotzitzka in view of Wagner et al. DE 10 2014 110242 (“Wagner”). Plotzitzka does not disclose the material for the filler. Wagner teaches [[claim 13]] a plastics material (PVC) is the filler material; and [[claim 14]] wherein the plastics material is a PVC plastics material (page 4, 5th paragraph beginning with “The two overlapping surfaces …”). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Plozitzka such that it comprised the filler to be a PVC plastics material so as to provide a sealing material preventing against ingress of dirt or moisture (page 4, 5th paragraph).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Plotzitza in view of S. Potthast, U.S. 2016/0362144 (“Potthast”). Plotzitza does not disclose the step of painting. Potthast teaches the recess is filled with the filler material after at least one paint has been applied (coated steel). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Plotzitza such that it comprised filling the recess after at least one paint has been applied in view of the teachings of Potthast so as to bond the weld filler material to the coating [0014] and to provide a coated steel component for resisting corrosion [0022].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN BECK whose telephone number is (571)272-6212. The examiner can normally be reached Monday - Thursday from 8:30AM - 4:00PM.
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/ Primary Examiner, Art Unit 3614