Claim Rejections - 35 USC § 103
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 .
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 11-15 and 20 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.
In claim 11, lines 15, “both sides of the fixed part roof structure” has no antecedent basis in the claims. Additionally, it is not clear how a single fixed part joint can connect both sides of the fixed part roof structure.
In claim 11, lines 17, “both sides of the fixed part floor structure” has no antecedent basis in the claims. Additionally, it is not clear how a single fixed part joint can connect both sides of the fixed part floor structure.
Similarly, in claim 11, line 18, “both sides of the fixed part roof structure” has no antecedent basis in the claims. Additionally, it is not clear how a single fixed part joint can connect both sides of the variable part roof structure.
In claim 11, lines 21, “both sides of the fixed part floor structure” has no antecedent basis in the claims. Additionally, it is not clear how a single fixed part joint can connect both sides of the fixed part floor structure.
For purposes of expediting examination, claim 11 will be interpreted as follows:
--a fixed part joint connecting respective sides of the fixed part roof structure with a respective upper part of the fixed part side structure and connecting a respective lower part of the fixed part side structure with respective sides of the fixed part floor structure; and a variable part joint connecting respective sides of the variable part roof structure and a respective upper part of the variable part side structure and connecting a respective lower part of the variable part side structure with respective sides of the variable part floor structure.--
Claim 20 has a similar problem and will be interpreted in a similar manner.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Vitale et al. (US 2013/0241236) in view of Honlinger et al. (US 2006/0005695).
With respect to claim 1, Vitale et al. disclose a joint structure of a vehicle body except that they are silent on the inclusion of a flange apparatus and a sealing member connected to the flange apparatus. Vitale et al. disclose a joint structure of a vehicle body, the joint structure comprising:
a front body module 412 fixed to a front portion 447 of an under body 445 (as shown in Fig. 19 of Vitale et al.);
a rear body module 414 detachably mounted at a rear portion 449 of the under body 445 and a rear portion 48 of the front body module 412 (as shown in Fig. 19 of Vitale et al.).
Honlinger et al. teach a similar joint structure including a flange apparatus 4.1/5.1 extending in an inward direction of the vehicle body from the rear portion of a front body module 1 (as shown in Fig. 4 of Honlinger et al.) and a front portion of a rear body module 2 (as shown in Fig. 3 of Honlinger et al.); and
a sealing member 6.2 connected to the flange apparatus 4.1/5.1 (Honlinger et al., paragraph [0031; Fig. 4).
It 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, with a reasonable expectation of success, to combine the teaching of Honlinger et al. with the joint structure disclosed by Vitale et al. for the advantage of providing a seal between modules of the vehicle in order to prevent moisture and other elements from entering the vehicle.
With respect to claim 2, Honlinger et al. disclose that the flange apparatus comprises:
a roof flange disposed on each of a fixed part roof structure of the front body module and a variable part roof structure of the rear body module, as shown below in the images taken from Figs. 3-4 of Honlinger et al.:
[AltContent: textbox (floor flange of variable part floor structure (not shown))][AltContent: ][AltContent: textbox (roof flange of fixed part roof structure)][AltContent: textbox (side flange of variable part side structure)][AltContent: textbox (roof flange of variable part roof structure)][AltContent: ][AltContent: ][AltContent: ]
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a side flange disposed on each of a fixed part side structure of the front body module and a variable part side structure of the rear body module (as indicated above); and
a floor flange disposed on each of a fixed part floor structure of the front body module and a variable part floor structure of the rear body module (as indicated above, note, while the side flange of the variable part side structure is not explicitly shown, one of ordinary skill in the art would realize that a flange portion would be on the rear body module to match the sealing member on the floor flange of the fixed part floor structure).
With respect to claim 3, Honlinger et al. teach that the fixed part roof structure and the variable part roof structure are connected along a front-to-back direction of the vehicle body through roof fastening members (9.1/9.1’, Honlinger et al, paragraph [0033]);
the fixed part side structure and the variable part side structure are connected along the front-to-back direction of the vehicle body through side fastening members (9.2/9.2’, Honlinger et al, paragraph [0033]); and
the fixed part floor structure and the variable part floor structure are connected along the front-to-back direction of the vehicle body through floor fastening members (9.4/9.4’, Honlinger et al, paragraph [0033]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Vitale et al. (US 2013/0241236) in view of Honlinger et al. (US 2006/0005695), as applied to claim 2 above, and further in view of Jiang et al. (CN 216768670).
With respect to claim 4, Vitale et al. in view of Honlinger et al. disclose the claimed joint structure except that they are silent on the details of the sealing member. However, Jiang et al. teach a sealing member for a flange including a double sealing weather strip 1, in the combination, would be connected to the roof flange, the side flange, and the floor flange inside of the vehicle body, the double sealing weather strip 1 comprising a plurality of sealing ribs 403 (as shown in Fig. 2 of Jiang et al.).
It 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, with a reasonable expectation of success, to combine the teaching of Jiang et al. with the joint structure disclosed by Vitale et al. in view of Honlinger et al. for the advantage of the convex contact structure which can compensate for the problem of sealing failure caused by processing error or deformation of the connecting parts (Jiang et al., abstract).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Vitale et al. (US 2013/0241236) in view of Honlinger et al. (US 2006/0005695) and Jiang et al. (CN 216768670).
With respect to claim 16, Vitale et al. disclose the claimed vehicle body except that they are silent on the inclusion of a flange apparatus and whether the weather strip connected to the roof flange, the side flange and the floor flange inside of the vehicle body is a double sealing weather strip comprising a plurality of sealing ribs. Vitale et al. disclose a vehicle comprising:
a front body module 412 fixed to a front portion 447 of an under body 445 (as shown in Fig. 19 of Vitale et al.);
a vehicle body comprising an under body 445, a front body module 412 fixed to a front portion 447 of the under body 445, and a rear body module 412 detachably mounted at a rear portion 449 of the under body 445 and a rear portion 48of the front body module 412 (as shown in Fig. 19 of Vitale et al.).
Honlinger et al. teach a similar joint structure including a flange apparatus 4.1/5.1 extending in an inward direction of the vehicle body from the rear portion of a front body module 1 (as shown in Fig. 4 of Honlinger et al.) and a front portion of a rear body module 2 (as shown in Fig. 3 of Honlinger et al.), wherein the flange apparatus 4.1/5.1 comprises:
a roof flange disposed on each of a fixed part roof structure of the front body module and a variable part roof structure of the rear body module, as shown below in the images taken from Figs. 3-4 of Honlinger et al.:
[AltContent: textbox (floor flange of variable part floor structure (not shown))][AltContent: ][AltContent: textbox (side flange of variable part side structure)][AltContent: textbox (roof flange of variable part roof structure)][AltContent: ][AltContent: ]
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a side flange disposed on each of a fixed part side structure of the front body module and a variable part side structure of the rear body module (as indicated above); and
a floor flange disposed on each of a fixed part floor structure of the front body module and a variable part floor structure of the rear body module (as indicated above, note, while the side flange of the variable part side structure is not explicitly shown, one of ordinary skill in the art would realize that a flange portion would be on the rear body module to match the sealing member on the floor flange of the fixed part floor structure).
a weather strip 6.2 connected to the flange apparatus 4.1/5.1 (Honlinger et al., paragraph [0031; Fig. 4).
It 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, with a reasonable expectation of success, to combine the teaching of Honlinger et al. with the vehicle disclosed by Vitale et al. for the advantage of providing a seal between modules of the vehicle in order to prevent moisture and other elements from entering the vehicle.
Jiang et al. teach a weather strip for a flange including a double sealing weather strip 1. In the combination, the double sealing weather strip 1 would be connected to the roof flange, the side flange, and the floor flange inside of the vehicle body. Additionally, the double sealing weather strip 1 comprising a plurality of sealing ribs 403 (as shown in Fig. 2 of Jiang et al.).
It 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, with a reasonable expectation of success, to combine the teaching of Jiang et al. with the vehicle disclosed by Vitale et al. in view of Honlinger et al. for the advantage of the convex contact structure which can compensate for the problem of sealing failure caused by processing error or deformation of the connecting parts (Jiang et al., abstract).
With respect to claim 17, Honlinger et al. teach that the fixed part roof structure and the variable part roof structure are connected along a front-to-back direction of the vehicle body through roof fastening members (9.1/9.1’, Honlinger et al., paragraph [0033]);
the fixed part side structure and the variable part side structure are connected along the front-to-back direction of the vehicle body through side fastening members (9.2/9.2’, Honlinger et al., paragraph [0033]); and
the fixed part floor structure and the variable part floor structure are connected along the front-to-back direction of the vehicle body through floor fastening members (9.4/9.4’, Honlinger et al., paragraph [0033]).
Allowable Subject Matter
Claims 5-10 and 18-19 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.
Claims 11-15 would be allowable if rewritten or amended 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.
Claim 20 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:
Claims 5-6 have been indicated as containing allowable subject matter primarily for the roof flange being disposed on a fixed part roof rail assembly of the fixed part roof structure and on a variable part roof rail assembly of the variable part roof structure.
Claims 7-8 have been indicated as containing allowable subject matter primarily for the side flange being disposed on a fixed part pillar inner member assembly of the fixed part side structure and on a variable part pillar inner member assembly of the variable part side structure.
Claims 9-10 have been indicated as containing allowable subject matter primarily for the floor flange being disposed on a fixed part cross member assembly of the fixed part floor structure and on a variable part cross member assembly of the variable part floor structure.
Claims 11-15 have been indicated as containing allowable subject matter primarily for the fixed part joint connecting respective sides of the fixed part roof structure with a respective upper part of the fixed part side structure and connecting a respective lower part of the fixed part side structure with respective sides of the fixed part floor structure; and a variable part joint connecting respective sides of the variable part roof structure and a respective upper part of the variable part side structure and connecting a respective lower part of the variable part side structure with respective sides of the variable part floor structure (see above 112(b) rejection for the interpretation of claim 11).
Claims 18-19 have been indicated as containing allowable subject matter primarily for the roof flange being disposed on a fixed part roof rail assembly of the fixed part roof structure and on a variable part roof rail assembly of the variable part roof structure.
Claim 20 has been indicated as containing allowable subject matter primarily for the fixed part joint connecting respective sides of the fixed part roof structure with a respective upper part of the fixed part side structure and connecting a respective lower part of the fixed part side structure with respective sides of the fixed part floor structure; and a variable part joint connecting respective sides of the variable part roof structure and a respective upper part of the variable part side structure and connecting a respective lower part of the variable part side structure with respective sides of the variable part floor structure (see above 112(b) rejection for the interpretation of claim 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reiners et al. is cited to show another example of a sealing member between an inner flange of a detachable body part and the inward flange of a rear body module. Zhang et al. and Bonfilio et al. are cited to show other examples of a vehicle with a front body module fixed to a front portion of an under body and a rear body module detachably mounted at a rear portion of the under body and a rear portion of the front body module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612
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