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 .
Claim Objections
Claim 26 is objected to because of the following informalities:
In claim 26, lines 2 and 4, it is thought that “prefroms” should be changed to –preforms--.
Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 7-12 and 21-26 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 7-11 and 20-25, respectively, of prior U.S. Patent No. 10,913,335. This is a statutory double patenting rejection.
Claims 7-12 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 25-30, respectively, of prior U.S. Patent No. 10,384,520. In addition, claims 14-16 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 13-14, respectively, of prior U.S. Patent No. 10,384,520. Also, claims 21-26 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 19-24, respectively, of prior U.S. Patent No. 10,384,520.This is a statutory double patenting rejection.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,134,309 where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Application
US Patent 12,134,309 (18/086,210)
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; and a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations.
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; a plurality of composite preforms structurally bonded in place or insert molded to the inner panel to add structure and strength where needed in predetermined locations; a plurality of reinforcement brackets operable to adhere to the plurality of composite preforms; and at least two outer panels connected with adhesive to the inner panel.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
See the last three highlighted lines in claim 1 above.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 3. The composite liftgate system of claim 1, wherein the two outer panels comprise at least one upper outer panel connected to the inner panel and at least one lower outer panel connected to the inner panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 4. The composite liftgate system of claim 3, wherein a spoiler is incorporated with the upper outer panel.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 5. The composite liftgate system of claim 1, wherein the plurality of composite preforms and two outer panels are connected to the inner panel through the use of structural adhesive.
Claim 7. The composite liftgate system of claim 1, wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 6. The composite liftgate system of claim 1, wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 8. The composite liftgate system of claim 7, wherein the first pair of channels is comprised of an upper first pair channel and a lower first pair channel that is shorter than the upper first pair channel, the first pair of channels extending between and terminating at the second pair of channels.
Claim 7. The composite liftgate system of claim 6, wherein the first pair of channels is comprised of an upper first pair channel and a lower first pair channel that is shorter than the upper first pair channel, the first pair of channels extending between and terminating at the second pair of channels.
Claim 9. The composite liftgate system of claim 7, wherein each channel of the third pair of channels extend along a respective one of the second pair of channels on the outward side away from a center of the inner panel.
Claim 8. The composite liftgate system of claim 6, wherein each channel of the third pair of channels extend along a respective one of the second pair of channels on the outward side away from a center of the inner panel.
Claim 10. The composite liftgate system of claim 7, wherein the first pair of channels and third pair of channels are raised, generally toward the rear of a vehicle, and wherein the second pair of channels and fourth pair of channels are depressed, generally toward the interior of the vehicle.
Claim 9. The composite liftgate system of claim 6, wherein the first pair of channels and third pair of channels are raised, generally toward the rear of a vehicle, and wherein the second pair of channels and fourth pair of channels are depressed, generally toward the interior of the vehicle.
Claim 11. The composite liftgate system of claim 7, further comprising a plurality of additional structural reinforcements, at least a portion of the additional structural reinforcements disposed in at least the first pair of channels and second pair of channels.
Claim 10. The composite liftgate system of claim 1, further comprising a plurality of additional structural reinforcements, at least a portion of the additional structural reinforcements disposed in at least a portion of the plurality of structural channels.
Claim 12. The composite liftgate system of claim 11, wherein said plurality of additional structural reinforcements comprise a plurality of ribs.
Claim 11. The composite liftgate system of claim 10, wherein said plurality of additional structural reinforcements comprise a plurality of ribs.
Claim 13. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 12. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 14. The composite liftgate system of claim 13, further comprising
a plurality of reinforcement brackets operable to connect to the plurality of composite preforms,
the plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to the pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to the pair of hinge reinforcements.
Claim 13. The composite liftgate system of claim 1,
(See the underlined portion of claim 1 above which corresponds to the underlined portion of claim 14 of the instant invention to the left.)
said plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to a pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to a pair of hinge reinforcements.
Claim 15. The composite liftgate system of claim 14, wherein each upward end of the pair of strut reinforcements and each lower end of the pair of hinge reinforcements are additionally adhered to one another.
Claim 14. The composite liftgate system of claim 12, wherein each upward end of the pair of strut reinforcements and each lower end of the pair of hinge reinforcements are additionally adhered to one another.
Claim 16. The composite liftgate system of claim 14, further comprising a plurality of fasteners applied to at least the pair of hinge reinforcements, the pair of strut reinforcement brackets, and the pair of hinge reinforcement brackets, the fasteners further holding at least the pair of hinge reinforcements, pair of strut reinforcement brackets, and pair of hinge reinforcement brackets in position in combination with a structural adhesive.
Claim 15. The composite liftgate system of claim 13, further comprising a plurality of fasteners applied to at least the pair of hinge reinforcements, the pair of strut reinforcement brackets, and the pair of hinge reinforcement brackets, the fasteners further holding at least the pair of hinge reinforcements, pair of strut reinforcement brackets, and pair of hinge reinforcement brackets in position in combination with a structural adhesive.
Claim 17. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 16. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 18. The composite liftgate system of claim 17, wherein the lower trim panel has at least one access panel.
Claim 17. The composite liftgate system of claim 16, wherein the lower trim panel has at least one access panel.
Claim 19. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 18. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic glass filament filled polypropylene.
Claim 20. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claim 19. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,560,045 where the matching of claims is shown in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Application
US Patent 11,560,045 (17/140,675)
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; and a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations.
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations; and a plurality of additional structural reinforcements, at least a portion of the additional structural reinforcements disposed in at least a portion of said plurality of structural channels.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 7. The composite liftgate system of claim 1, wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 7. The composite liftgate system of claim 1, wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 8. The composite liftgate system of claim 7, wherein the first pair of channels is comprised of an upper first pair channel and a lower first pair channel that is shorter than the upper first pair channel, the first pair of channels extending between and terminating at the second pair of channels.
Claim 8. The composite liftgate system of claim 7, wherein the first pair of channels is comprised of an upper first pair channel and a lower first pair channel that is shorter than the upper first pair channel, the first pair of channels extending between and terminating at the second pair of channels.
Claim 9. The composite liftgate system of claim 7, wherein each channel of the third pair of channels extend along a respective one of the second pair of channels on the outward side away from a center of the inner panel.
Claim 9. The composite liftgate system of claim 7, wherein each channel of the third pair of channels extend along a respective one of the second pair of channels on the outward side away from a center of the inner panel.
Claim 10. The composite liftgate system of claim 7, wherein the first pair of channels and third pair of channels are raised, generally toward the rear of a vehicle, and wherein the second pair of channels and fourth pair of channels are depressed, generally toward the interior of the vehicle.
Claim 10. The composite liftgate system of claim 7, wherein the first pair of channels and third pair of channels are raised, generally toward the rear of a vehicle, and wherein the second pair of channels and fourth pair of channels are depressed, generally toward the interior of the vehicle.
Claim 11. The composite liftgate system of claim 7, further comprising a plurality of additional structural reinforcements, at least a portion of the additional structural reinforcements disposed in at least the first pair of channels and second pair of channels.
Claim 12. The composite liftgate system of claim 11, wherein said plurality of additional structural reinforcements comprise a plurality of ribs.
Claim 11. The composite liftgate system of claim 1, wherein said plurality of additional structural reinforcements comprise a plurality of ribs.
Claim 13. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 12. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 14. The composite liftgate system of claim 13, further comprising a plurality of reinforcement brackets operable to connect to the plurality of composite preforms, the plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to the pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to the pair of hinge reinforcements.
Claim 13. The composite liftgate system of claim 12, further comprising a plurality of reinforcement brackets operable to connect to the plurality of composite preforms, the plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to the pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to the pair of hinge reinforcements.
Claim 15. The composite liftgate system of claim 14, wherein each upward end of the pair of strut reinforcements and each lower end of the pair of hinge reinforcements are additionally adhered to one another.
Claim 14. The composite liftgate system of claim 13, wherein each upward end of the pair of strut reinforcements and each lower end of the pair of hinge reinforcements are additionally adhered to one another.
Claim 16. The composite liftgate system of claim 14, further comprising a plurality of fasteners applied to at least the pair of hinge reinforcements, the pair of strut reinforcement brackets, and the pair of hinge reinforcement brackets, the fasteners further holding at least the pair of hinge reinforcements, pair of strut reinforcement brackets, and pair of hinge reinforcement brackets in position in combination with a structural adhesive.
Claim 15. The composite liftgate system of claim 13, further comprising a plurality of fasteners applied to at least the pair of hinge reinforcements, the pair of strut reinforcement brackets, and the pair of hinge reinforcement brackets, the fasteners further holding at least the pair of hinge reinforcements, pair of strut reinforcement brackets, and pair of hinge reinforcement brackets in position in combination with a structural adhesive.
Claim 17. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 16. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 18. The composite liftgate system of claim 17, wherein the lower trim panel has at least one access panel.
Claim 17. The composite liftgate system of claim 16, wherein the lower trim panel has at least one access panel.
Claim 19. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 18. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 20. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claim 19. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claims 1-6 and 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 12-19, respectively, of U.S. Patent No. 10,913,335. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Application
US Patent 10,913,335 (16/502,525)
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; and a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations.
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; and a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations; wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 13. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 12. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 14. The composite liftgate system of claim 13, further comprising a plurality of reinforcement brackets operable to connect to the plurality of composite preforms, the plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to the pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to the pair of hinge reinforcements.
Claim 13. The composite liftgate system of claim 12, further comprising a plurality of reinforcement brackets operable to connect to the plurality of composite preforms, the plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to the pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to the pair of hinge reinforcements.
Claim 15. The composite liftgate system of claim 14, wherein each upward end of the pair of strut reinforcements and each lower end of the pair of hinge reinforcements are additionally adhered to one another.
Claim 14. The composite liftgate system of claim 13, wherein each upward end of the pair of strut reinforcements and each lower end of the pair of hinge reinforcements are additionally adhered to one another.
Claim 16. The composite liftgate system of claim 14, further comprising a plurality of fasteners applied to at least the pair of hinge reinforcements, the pair of strut reinforcement brackets, and the pair of hinge reinforcement brackets, the fasteners further holding at least the pair of hinge reinforcements, pair of strut reinforcement brackets, and pair of hinge reinforcement brackets in position in combination with a structural adhesive.
Claim 15. The composite liftgate system of claim 13, further comprising a plurality of fasteners applied to at least the pair of hinge reinforcements, the pair of strut reinforcement brackets, and the pair of hinge reinforcement brackets, the fasteners further holding at least the pair of hinge reinforcements, pair of strut reinforcement brackets, and pair of hinge reinforcement brackets in position in combination with a structural adhesive.
Claim 17. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 16. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 18. The composite liftgate system of claim 17, wherein the lower trim panel has at least one access panel.
Claim 17. The composite liftgate system of claim 16, wherein the lower trim panel has at least one access panel.
Claim 19. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 18. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 20. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claim 19. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claims 1-13 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 15-18, respectively, of U.S. Patent No. 10,384,520. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obviously directed to the same patentable invention, as shown in the table below, and allowance thereof would be improper.
Instant Application
US Patent 10,384,520 (15/234,735)
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; and a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations.
Claim 1. A composite liftgate system, comprising: an inner panel; a plurality of structural channels molded into the inner panel to manage loading paths applied to the inner panel; a plurality of composite preforms operable to connect to the inner panel to add structure and strength where needed in predetermined locations; wherein the plurality of composite preforms comprise a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas, and, a pair of hinge reinforcements connected near upper corners of the inner panel; a plurality of reinforcement brackets operable to connect to the plurality of composite preforms, the plurality of reinforcement brackets comprising: a pair of strut reinforcement brackets adhered to the pair of strut reinforcements; and a pair of hinge reinforcement brackets adhered to the pair of hinge reinforcements.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 2. The composite liftgate system of claim 1, wherein the plurality of composite preforms are connected to the inner panel through the use of insert molding.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
Claim 3. The composite liftgate system of claim 1, further comprising an outer panel operable for being connected to the inner panel.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 4. The composite liftgate system of claim 3, wherein the outer panel is two separate pieces comprised of an upper outer panel connected to the inner panel and a lower outer panel connected to the inner panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 5. The composite liftgate system of claim 4, wherein a spoiler is incorporated with the upper outer panel.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 6. The composite liftgate system of claim 3, wherein the plurality of composite preforms and/or outer panel are connected to the inner panel through the use of structural adhesive.
Claim 7. The composite liftgate system of claim 1, wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 7. The composite liftgate system of claim 1, wherein the plurality of structural channels comprise: a first pair of channels extending horizontally below an opening for a rear liftgate window formed in the inner panel; a second pair of channels extending substantially in diagonal directions away from each other with the largest distance apart being toward the opening; a third pair of channels extending substantially along a side of each channel of the second pair of channels; and a fourth pair of channels extending substantially vertically between the first pair of channels.
Claim 8. The composite liftgate system of claim 7, wherein the first pair of channels is comprised of an upper first pair channel and a lower first pair channel that is shorter than the upper first pair channel, the first pair of channels extending between and terminating at the second pair of channels.
Claim 8. The composite liftgate system of claim 7, wherein the first pair of channels is comprised of an upper first pair channel and a lower first pair channel that is shorter than the upper first pair channel, the first pair of channels extending between and terminating at the second pair of channels.
Claim 9. The composite liftgate system of claim 7, wherein each channel of the third pair of channels extend along a respective one of the second pair of channels on the outward side away from a center of the inner panel.
Claim 9. The composite liftgate system of claim 7, wherein each channel of the third pair of channels extend along a respective one of the second pair of channels on the outward side away from a center of the inner panel.
Claim 10. The composite liftgate system of claim 7, wherein the first pair of channels and third pair of channels are raised, generally toward the rear of a vehicle, and wherein the second pair of channels and fourth pair of channels are depressed, generally toward the interior of the vehicle.
Claim 10. The composite liftgate system of claim 7, wherein the first pair of channels and third pair of channels are raised, generally toward the rear of a vehicle, and wherein the second pair of channels and fourth pair of channels are depressed, generally toward the interior of the vehicle.
Claim 11. The composite liftgate system of claim 7, further comprising a plurality of additional structural reinforcements, at least a portion of the additional structural reinforcements disposed in at least the first pair of channels and second pair of channels.
Claim 11. The composite liftgate system of claim 7, further comprising a plurality of additional structural reinforcements, at least a portion of the additional structural reinforcements disposed in at least the first pair of channels and second pair of channels.
Claim 12. The composite liftgate system of claim 11, wherein said plurality of additional structural reinforcements comprise a plurality of ribs.
Claim 12. The composite liftgate system of claim 11, wherein said plurality of additional structural reinforcements comprise a plurality of ribs.
Claim 13. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise: a pair of strut reinforcements connected to the inner panel substantially near D-pillar areas; and a pair of hinge reinforcements connected near upper corners of the inner panel.
Claim 17. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 15. The composite liftgate system of claim 1, further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface.
Claim 18. The composite liftgate system of claim 17, wherein the lower trim panel has at least one access panel.
Claim 16. The composite liftgate system of claim 15, wherein the lower trim panel has at least one access panel.
Claim 19. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 17. The composite liftgate system of claim 1, wherein the plurality of composite preforms comprise woven glass reinforcement and/or the inner panel comprises thermoplastic 0.5 inch long glass filament filled polypropylene.
Claim 20. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Claim 18. The composite liftgate system of claim 1, further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D- pillar trim.
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 1-6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kuntze et al. US 2011/0074179 in view of Barral et al. US 8,894,128 and Iwabuchi et al. US 8,727,422.
Regarding claim 1, Kuntze et al. disclose
A composite liftgate system (10; Fig. 1; para. [0021], line 1), comprising: an inner panel (14; Fig. 1); a plurality of structural channels (24, 26 and 28; Fig. 1) in the inner panel (formed as part of the inner panel (14; Fig. 1); para. [0028], lines 1-2) to manage loading paths applied to the inner panel (in that applied forces may travel along the channels); and a plurality of preforms i.e., reinforcements, (namely bracket 12, and lower 18 and upper 20 pillar reinforcements in Fig. 1) operable to connect to the inner panel (para. [0025], lines 2-3 and para. [0026], lines 1-3) to add structure and strength where needed in predetermined locations (a function that a reinforcement naturally performs). In addition, each of the plurality of preforms, (namely bracket 12, and lower 18 and upper 20 pillar reinforcements in Fig. 1) may be structurally bonded or inert molded to the inner panel (14; Fig. 1). See para. [0025], lines 4-7 and para. [0026], lines 1-4. Kuntze et al. also discloses two outer panels, as shown in Figure 9, that together form outer panel (32; Fig. 10) and the outer panel (32; Fig. 10) is connected to the inner panel (14; Fig. 1) as described in paragraph [0032], lines 2-3. The outer panel is connected to the inner panel by urethane bonding, i.e., adhesive. See paragraph [0024], lines 2-4.
However, Kuntze et al. do not disclose that the plurality of preforms or, i.e., reinforcements, are composites.
Notwithstanding, Barral et al. disclose a liftgate including a panel 12 (Fig. 1) and preforms, i.e., reinforcements (14; Fig. 1). The preforms or reinforcements (14; Fig. 1) are made from either steel or a composite, such as SMC (Sheet Molding Compound; column 3, lines 18-22), which is a composite made up of a polymer matrix and strengthened by fibers. The reinforcements can be secured to the inner panel by overmolding (column 3, line 25).
In Iwabuchi et al., lines 1-6 of the Related Background Art found in column 1 of the specification, the advantage of constructing of automotive parts, including back door members, from plastic instead of metal for weight reduction leading to improved fuel efficiency is described.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the plurality of preforms, i.e., reinforcements, of Kuntze et al. from a composite material as taught by Barral et al. because selection of plastic automotive parts to replace metal automotive parts improves fuel efficiency. Motivation provided by Iwabuchi et al., lines 1-6 of the Related Background Art found in column 1.
Furthermore, the recitation in claim 1 that the plurality of structural channels are molded into the inner panel is considered to be a product by process limitation in that the term “molded” is directed to the manner in which the structural channels are formed rather than a structural limitation thereof.
According to section 2113 of the MPEP:
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
In this instance, the Kuntze et al. disclose a plurality of structural channels (24, 26 and 28; Fig. 1) which are formed as part of the inner panel (14; Fig. 1); para. [0028], lines 1-2 which is the same as that recited in claim 1.
Thus, “the claim (claim 1) is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 2, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 1, as explained above, wherein the plurality of composite preforms i.e., reinforcements, (namely bracket 12, and lower 18 and upper 20 pillar reinforcements in Fig. 1 of Kuntze et al.) are connected to the inner panel (14; Fig. 1 of Kuntze et al.) through the use of insert molding. See Kuntze et al. paragraph [0025], lines 4-7 and paragraph [0026], lines 1-4.
Regarding claim 3, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 1, as explained above, further comprising an outer panel (32; Figs. 9 and 10 of Kuntze et al.) operable for being connected to the inner panel (14; Fig. 1 of Kuntze et al.). See paragraph [0032], lines 2-3.
Regarding claim 4, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 3, as explained above, wherein the outer panel (32; Figs. 9 and 10 of Kuntze et al.) is two separate pieces comprised of an upper outer panel (see Fig. 9 of Kuntze et al.) connected to the inner panel and a lower outer panel (see Fig. 9 of Kuntze et al.) connected to the inner panel.
Regarding claim 5, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 4, as explained above, wherein a spoiler is incorporated with the upper outer panel (see Fig. 9 of Kuntze et al.). Note the silhouette of a spoiler shown at the top of Figure 8 as well as Figures 9 and 10 of Kuntze et al.
Regarding claim 6, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 3, as explained above, wherein the plurality of composite preforms i.e., reinforcements, (namely bracket 12, and lower 18 and upper 20 pillar reinforcements in Fig. 1 of Kuntze et al.) and/or outer panel (32; Fig. 10 of Kuntze et al.) are connected to the inner panel (14; Fig. 1 of Kuntze et al.) through the use of structural adhesive. See Kuntze et al. paragraph [0025], lines 4-7 and paragraph [0026], lines 1-4 for the composite preforms and see paragraph [0024], lines 2-4 for outer panel.
Regarding claim 13, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 1, as explained above, wherein the plurality of composite preforms i.e., reinforcements, (namely bracket 12, and lower 18 and upper 20 pillar reinforcements in Fig. 1 of Kuntze et al.) comprise: a pair of strut reinforcements (18; Fig. 1; paragraph [0026], lines 5-6 of Kuntze et al.) connected to the inner panel (14; Fig. 1 of Kuntze et al.) substantially near D-pillar areas as shown in Figure 1 of Kuntze et al.); and a pair of hinge reinforcements (20; Fig. 1; paragraph [0026], lines 6-7 of Kuntze et al.) connected near upper corners of the inner panel (14; Fig. 1 of Kuntze et al.).
Claims 17 and 20 rejected under 35 U.S.C. 103 as being unpatentable over Kuntze et al. US 2011/0074179 in view of Barral et al. US 8,894,128 and Iwabuchi et al. US 8,727,422, as applied above to claim 1 and further in view of Tsukiyama et al. US 2012/0248814.
Regarding claims 17 and 20, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 1, as explained above, except for further comprising a lower trim panel operable to connect to the inner panel and having a class A show surface with respect to claim 17 and except for further comprising an upper trim ring incorporated into the inner panel providing at least a portion of D-pillar trim.
Notwithstanding, Tsukiyama et al. disclose in Figure 3 an inner panel lower trim panel 8 as well as an upper trim ring, i.e., a visible portion of the inner panel incorporated therein to provide a portion of D-pillar trim, in the vicinity of numeral 19 (Fig. 3).
Therefore, 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 to provide the inner panel of Kuntze et al., in view of Barral et al. and Iwabuchi et al., to include a lower trim panel as well as an upper trim ring as taught by Tsukiyama et al, with a reasonable expectation of success, in order to provide an aesthetic appearance with respect to the lower trim panel and to avoid the need for a separate panel with respect to the upper trim ring.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kuntze et al. US 2011/0074179 in view of Barral et al. US 8,894,128, Iwabuchi et al. US 8,727,422 and Tsukiyama et al. US 2012/0248814, as applied above to claim 17 above and further in view of and further in view of Radu et al. US 6,929,309.
Regarding claim 18, Kuntze et al., in view of Barral et al., Iwabuchi et al. and Tsukiyama et al., disclose:
The composite liftgate system of claim 17, as explained above, except wherein the lower trim panel has at least one access panel.
Notwithstanding, Radu et al. discloses an access panel 20 for a door trim panel 18. See the face of the patent.
Therefore, 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 to provide the lower trim of Kuntze et al. in view of Barral et al., Iwabuchi et al. and Tsukiyama et al. with an access panel, as taught by Radu et al., with a reasonable expectation of success, in order to access elements within the door that may need to be serviced. Motivation provided by Radu et al. in the abstract, lines 1-5.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kuntze et al. US 2011/0074179 in view of Barral et al. US 8,894,128 and Iwabuchi et al. US 8,727,422, as applied above to claim 1 and further in view of Lawson US 4,123,488.
Regarding claim 19, Kuntze et al., in view of Barral et al. and Iwabuchi et al., disclose:
The composite liftgate system of claim 1, as explained above, except wherein the plurality of composite preforms comprise woven glass reinforcement.
Kuntze et al. in view of Barral et al. and Iwabuchi et al. disclose the claimed invention including the plurality of preforms, i.e., reinforcements, are constructed from SMC (taught by Barral et al.).
Kuntze et al. in view of Barral et al. and Iwabuchi et al. do not specifically disclose that the SMC comprises a woven glass reinforcement.
However, Lawson discloses that SMC may be a sheet composed of fibrous material, such as glass fiber matt or woven glass fabric, impregnated with an uncured or partially cured thermosetting resin system, such as a polyester resin system. See column 1, lines 6-14.
Therefore, 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 to construct the SMC material of the plurality of composite preforms of Kuntze et al. in view of Barral et al. and Iwabuchi et al. to comprise a sheet composed woven glass fabric as taught by Lawson, with a reasonable expectation of success, because such a material is suitable for the construction of vehicle body parts. Motivation provided by Lawson in column 1, lines 1-2 of the BACKGROUND OF THE INVENTION.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 3637622 discloses a liftgate (1; Fig. 1) with inner (3; Fig. 2) and outer (2; Fig. 2) panels. However, the reference lacks composite preforms as required by current claim 1.
Emerling et al. US 6,019,418 discloses a liftgate (18; Fig. 1) with a trim access panel (12; Fig. 1). However, the reference lacks composite preforms as required by current claim 1.
Kalmbach et al. US 7,399,022 discloses a liftgate assembly with inner (23; Fig. 1) and outer (20; Fig. 1) panels. However, the reference lacks composite preforms as required by current claim 1.
Conclusion
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/Joseph D. Pape/Primary Examiner, Art Unit 3612
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