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 .
Information Disclosure Statement
The three documents listed in the sole IDS are actually three figures from one document. These should be listed as one document. The documents have been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference numbers “71” and “72” in at least figures 3 and 4 are not mentioned in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
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, 4-8 and 17 are rejected under 35 U.S.C. 102(a1) as being anticipated by Seo et al. (hereinafter Seo, Korean Patent KR 10-2015-0102848).
Regarding claim 1, Seo discloses a vehicle (Paragraph 25) comprising: a vehicle rear panel (Figure 1 element 100, Paragraph 25); and a bumper assembly having a rear fascia (Figure 1 element 10) installed to the vehicle rear panel and an energy transfer member (Figure 1 element 20) sandwiched between the rear fascia and the vehicle rear panel, the energy transfer member having an energy receiving portion including a rearward attachment surface of the energy transfer member that faces the rear fascia (Figure 1 unlabeled portion of element 20 that faces element 10), and an energy dispersing portion including a forward attachment surface of the energy transfer member that faces the vehicle rear panel (Figure 1 unlabeled portion of element 20 that faces element 100), the forward attachment surface having a maximum surface area and a maximum thickness that is less than a maximum surface area and a maximum thickness of the rearward attachment surface (Figure 1 element 20).
Regarding claim 4, see figure 1.
Regarding claim 5, see figure 1 outer portions of element 20.
Regarding claim 6, see figure 1.
Regarding claim 7, see figure 1. The examiner notes that claim does not require the wings to deform, merely that they be capable of doing so. As element 20 is made of a resin foam, the wings can be considered to be deformable.
Regarding claim 8, see figure 1 element 20. The examiner notes that the order of deformation of the energy transfer member is disclosed as being a function of its shape. As the claimed energy transfer member and the energy transfer member of Seo have the same shape, the energy transfer member of Seo can be considered to deform in the same manner.
Regarding claim 17, Seo discloses a vehicle (Paragraph 25) comprising: a vehicle rear panel (Figure 1 element 100, Paragraph 25); and a bumper assembly having a rear fascia (Figure 1 element 10) installed to the vehicle rear panel and an energy transfer member (Figure 1 element 20) sandwiched between the rear fascia and the vehicle rear panel, the energy transfer member having an energy receiving portion including a rearward attachment surface of the energy transfer member that faces the rear fascia (Figure 1 unlabeled portion of element 20 that faces element 10), and an energy dispersing portion including a forward attachment surface of the energy transfer member that faces the vehicle rear panel (Figure 1 unlabeled portion of element 20 that faces element 100), the forward attachment surface having a maximum surface area that is less than a maximum surface area of the rearward attachment surface so that the energy receiving portion transfers energy to an area of the rear panel that is laterally centered when the rear fascia receives an impact. (Figure 1 element 20).
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.
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.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Seo as applied to claim 1 above, and further in view of Shioya et al. (hereinafter Shioya, US Publication Number 20070145755).
Regarding claim 14, Seo discloses the above vehicle wherein the energy transfer member is made of a synthetic resin foam (Paragraph 26), but is silent as to the specific material and material density.
However, Shioya discloses a similar energy transfer member (Figure 9 element 101) made of polypropylene foam with a density of at least 30 grams per liter (Paragraph 41).
Regarding claim 14, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the energy transfer member of Seo to be made of the polypropylene foam of Shioya for the predictable result of giving the energy transfer member excellent compression characteristics (Shioya, Paragraph 41).
Allowable Subject Matter
Claims 2, 3, 9-13, 15 and 16 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
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, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644
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