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(s) 5 objected to because of the following informalities: claim(s) should be amended to recite either “The striker system according to claim [[1]] 2” OR “wherein [[the]] one or more first deformation elements are arranged as structural elements integrated with the first elevated section and the first attachment section, wherein [[the]] one or more second deformation elements are arranged as structural elements integrated with the first elevated section and the second attachment section, wherein [[the]] one or more third deformation elements are arranged as structural elements integrated with the second elevated section and the second attachment section, and wherein [[the]] one or more fourth deformation elements are arranged as structural elements integrated with the second elevated section and the third attachment section.” Appropriate correction or clarification is required.
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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forti (US-11480209-B2) in view of Strable (US-20040119300-A1). All citations refer to the Forti reference unless otherwise noted.
With regards to claim 1, Forti discloses a striker system (Figures 6-7) comprising a striker (42 Figure 7) and a bracket plate (20 Figure 6), wherein the striker system is arranged for attaching the striker to a vehicle body (30 Figure 6) via the bracket plate in an assembled state (Figures 6-8, Col. 10 Lines 31-43),
wherein the bracket plate has an extension in a longitudinal direction (up/down, Figure 6), a lateral direction (left/right, Figure 6) and a vertical direction (front/back, Figure 6), and comprises a first elevated section (upper section of 24 comprising first fastening member 32, Figure 6) and a second elevated section (lower section of 24 comprising second fastening member 34, Figure 6) spaced apart from each other in the longitudinal direction,
wherein the bracket plate further comprises a first attachment section (26 Figure 6) and a third attachment section (28 Figure 6) spaced apart from each other in the longitudinal direction and configured for being attached to the vehicle body in an attached state (Figure 5, Col. 4 Lines 9-25),
wherein the first elevated section comprises a first fastening member (32 Figure 6) configured for engaging a corresponding first fastening element (104-upper, Figure 6) connecting the striker to the bracket plate, wherein the second elevated section comprises a second fastening member (34 Figure 6) configured for engaging a corresponding second fastening element (104-lower, Figure 6) connecting the striker to the bracket plate (Col. 10 Lines 18-30),
wherein the first elevated section is arranged between and connected to the first attachment section and the third attachment section, and wherein the second elevated section is arranged between and connected to the first attachment section and the third attachment section (by means of connecting deformation elements 36, 38, Figure 6).
Forti does not disclose a second attachment section arranged between the first elevated section and the second elevated section.
However, Strable discloses a similar bracket plate (10 Figure 1) for use with a vehicle striker (shown Figure 11) and comprising an attachment section (14 Figure 1) arranged between first and second elevated sections (corresponding to first and second fastening members 22, Figure 1) extending in a longitudinal direction (up/down, Figure 1). Furthermore, In re Harza (274 F.2d 669, 124 USPQ 378) held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an additional second attachment section and corresponding connecting deformation elements (in the same manner of construction of Forti’s first and third attachment sections and corresponding connecting deformation elements) arranged between the first elevated section and the second elevated section (the location taught by Strable), with a reasonable expectation of success. One would have been motivated to add an additional attachment section to improve the strength of the striker system in the attached and assembled states.
Therefore, Forti in view of Strable teaches wherein the bracket plate further comprises a first attachment section (26 Figure 6), a second attachment section (the additional attachment section taught by Forti in view of Strable) and a third attachment section (28 Figure 6) spaced apart from each other in the longitudinal direction (up/down, Figure 6) and configured for being attached to the vehicle body (30 Figure 6) in an attached state (Figure 5),
wherein the first elevated section (upper section of 24, Figure 6) is arranged between and connected to the first attachment section (by means of connecting deformation elements 36, Figure 6) and the second attachment section (by means of additional connecting deformation elements as taught by Forti in view of Strable), and wherein the second elevated section (lower section of 24, Figure 6) is arranged between and connected to the second attachment section (by means of additional connecting deformation elements as taught by Forti in view of Strable) and the third attachment section (by means of connecting deformation elements 38, Figure 6).
With regards to claim 2, Forti in view of Strable teaches the striker system according to claim 1, wherein the first elevated section (upper section of 24, Figure 6) is connected to the first attachment (26 Figure 6) section via one or more first deformation elements (36 Figure 6), wherein the first elevated section is connected to the second attachment section (the additional attachment section taught by Forti in view of Strable) via one or more second deformation elements (the upper additional connecting deformation elements taught by Forti in view of Strable), wherein the second elevated section (lower section of 24, Figure 6) is connected to the second attachment section via one or more third deformation elements (the lower additional connecting deformation elements taught by Forti in view of Strable), and wherein the second elevated section is connected to the third attachment section (28 Figure 6) via one or more fourth deformation elements (38 Figure 6).
With regards to claim 3, Forti in view of Strable teaches the striker system according to claim 2, wherein the one or more first deformation elements (36 Figure 6) and the one or more second deformation elements (the upper additional connecting deformation elements taught by Forti in view of Strable) upon deformation are allowing the first elevated section (upper section of 24, Figure 6) with the first fastening member (32 Figure 6) to be floatingly suspended and individually adjustable (Col. 4 Lines 26-42);
wherein the one or more third deformation elements (the lower additional connecting deformation elements taught by Forti in view of Strable) and the one or more fourth deformation elements (38 Figure 6) upon deformation are allowing the second elevated section (lower section of 24, Figure 6) with the second fastening member (34 Figure 6) to be floatingly suspended and individually adjustable (Col. 4 Lines 26-42).
With regards to claim 4, Forti in view of Strable teaches the striker system according to claim 2, wherein the first elevated section (upper section of 24, Figure 6) is adjustable in the longitudinal direction, lateral direction and/or vertical direction (Cols. 7-8, Lines 65-29) through deformation of the one or more first deformation elements (36 Figure 6) and/or the one or more second deformation elements (the upper additional connecting deformation elements taught by Forti in view of Strable);
wherein the second elevated section (lower section of 24, Figure 6) is adjustable in the longitudinal direction, lateral direction and/or vertical direction (Cols. 7-8, Lines 65-29) through deformation of the one or more third deformation elements (the lower additional connecting deformation elements taught by Forti in view of Strable) and/or the one or more fourth deformation elements (38 Figure 6).
With regards to claim 5, Forti in view of Strable teaches the striker system according to claim 1, wherein the one or more first deformation elements (36 Figure 6) are arranged as structural elements integrated with the first elevated section (upper section of 24, Figure 6) and the first attachment section (26 Figure 6), wherein the one or more second deformation elements (the upper additional connecting deformation elements taught by Forti in view of Strable) are arranged as structural elements integrated with the first elevated section and the second attachment section (the additional attachment section taught by Forti in view of Strable), wherein the one or more third deformation elements (the lower additional connecting deformation elements taught by Forti in view of Strable) are arranged as structural elements integrated with the second elevated section (lower section of 24, Figure 6) and the second attachment section, and wherein the one or more fourth deformation elements (38 Figure 6) are arranged as structural elements integrated with the second elevated section and the third attachment section (28 Figure 6).
With regards to claim 6, Forti in view of Strable teaches the striker system according to claim 2, wherein the bracket plate (20 Figure 6) comprises two or more first deformation elements (36 Figure 6) spaced apart in the lateral direction of the bracket plate (left/right, Figure 6), two or more second deformation elements (the upper additional connecting deformation elements taught by Forti in view of Strable) spaced apart in the lateral direction of the bracket plate, two or more third deformation elements (the lower additional connecting deformation elements taught by Forti in view of Strable) spaced apart in the lateral direction of the bracket plate, and two or more fourth deformation elements (38 Figure 6) spaced apart in the lateral direction of the bracket plate.
With regards to claim 7, Forti in view of Strable teaches the striker system according to claim 2, wherein in the assembled state (Figures 6-7), the first elevated section (upper section of 24, Figure 6) is brought in contact (Col. 10 Lines 18-30) with the vehicle body (30 Figure 6) through deformation of the one or more first deformation elements (36 Figure 6) and the one or more second deformation elements (the upper additional connecting deformation elements taught by Forti in view of Strable);
wherein in the assembled state, the second elevated section (lower section of 24, Figure 6) is brought in contact (Col. 10 Lines 18-30) with the vehicle body through deformation of the one or more third deformation elements (the lower additional connecting deformation elements taught by Forti in view of Strable) and the one or more fourth deformation elements (38 Figure 6).
With regards to claim 8, Forti in view of Strable teaches the striker system according to claim 1, wherein the first attachment section (26 Figure 6), the second attachment section (the additional attachment section taught by Forti in view of Strable) and the third attachment section (28 Figure 6) are arranged on a first level in the vertical direction of the bracket plate (front/back, Figure 6), wherein in the attached state (Figure 5) the first elevated section (upper section of 24, Figure 6) and the second elevated section (lower section of 24, Figure 6) are arranged on a second level in the vertical direction of the bracket plate different from the first level (as shown by the gap distance ‘D’, Figure 5).
With regards to claim 9, Forti in view of Strable teaches the striker system according to claim 1, wherein in the attached state (Figure 5), the first attachment section (26 Figure 6), the second attachment section (the additional attachment section taught by Forti in view of Strable) and the third attachment section (28 Figure 6) are arranged in connection to the vehicle body (30 Figure 5), wherein the first elevated section (upper section of 24, Figure 6) and the second elevated section (lower section of 24, Figure 6) are arranged at a distance from the vehicle body in the vertical direction of the bracket plate (as shown by the gap distance ‘D’, Figure 5).
With regards to claim 10, Forti in view of Strable teaches the striker system according to claim 1, wherein in the assembled state (Figures 6-8), the striker (42 Figure 8) is arranged on a first side (left side, Figure 8) of a vehicle body element (108 Figure 8), and wherein the bracket plate (20 Figure 8) is arranged on a second side (right side, Figure 8) of the vehicle body element.
With regards to claim 11, Forti in view of Strable teaches the striker system according to claim 10, wherein the striker (42 Figure 7) comprises a striker plate (plate portion of 42, Figure 7) arranged in contact with the first side (left side, Figure 8) in the assembled state (Figures 6-8), wherein the striker plate comprises a first fastening opening (upper opening in plate portion of 42 receiving the first fastening element, Figure 7) arranged for receiving the first fastening element (104-upper, Figure 8) and a second fastening opening (lower opening in plate portion of 42 receiving the second fastening element, Figure 7) arranged for receiving the second fastening element (104-lower, Figure 8);
wherein in the assembled state (Figures 6-8) the first fastening element is extending from the first side to the second side (right side, Figure 8) via the first fastening opening, a first opening (upper opening in 108 receiving the first fastening element, Figure 8) in the vehicle body element (108 Figure 8) and the first fastening member (32 Figure 8), wherein in the assembled state the second fastening element is extending from the first side to the second side via the second fastening opening, a second opening (lower opening in 108 receiving the second fastening element, Figure 8) in the vehicle body element and the second fastening member (34 Figure 8).
With regards to claim 12, Forti in view of Strable teaches the striker system according to claim 10, wherein in the assembled state (Figures 6-8), the first elevated section (upper section of 24, Figure 6) and the second elevated section (lower section of 24, Figure 6) are arranged in contact with the second side of the vehicle body element (right side of 108, as shown Figure 8).
With regards to claim 13, Forti in view of Strable teaches the striker system according to claim 1, wherein in the attached state (Figure 5), the bracket plate (20 Figure 6) is connected to the vehicle body (30 Figure 6), wherein the first attachment section (26 Figure 6) is attached to the vehicle body via one or more first attachment members (the attachment sections can be attached to the vehicle body via welds, Col. 5 Lines 45-60), wherein the second attachment section (the additional attachment section taught by Forti in view of Strable) is attached to the vehicle body via one or more second attachment members (the attachment sections can be attached to the vehicle body via welds, Col. 5 Lines 45-60), wherein the third attachment section (28 Figure 6) is attached to the vehicle body via one or more third attachment members (the attachment sections can be attached to the vehicle body via welds, Col. 5 Lines 45-60).
With regards to claim 14, Forti in view of Strable teaches the striker system according to claim 13, wherein the one or more first attachment members, the one or more second attachment members, and the one or more third attachment members, are arranged as welds (the attachment sections can be attached to the vehicle body via welds, Col. 5 Lines 45-60).
With regards to claim 15, Forti in view of Strable teaches the striker system according to claim 1, wherein the first fastening member (32 Figure 6) is arranged as a first weld nut (Col. 11 Lines 47-57)welded to an outer side of the first elevated section (upper section of 24, Figure 6), wherein the second fastening member (34 Figure 6) is arranged as a second weld nut (Col. 11 Lines 47-57) welded to an outer side of the second elevated section (lower section of 24, Figure 6).
With regards to claim 16, Forti in view of Strable teaches a vehicle (Col. 10 Lines 31-43) comprising the striker system (Figures 6-7) according to claim 1.
With regards to claim 17, Forti in view of Strable teaches a method (Forti teaches a method of attaching, assembling and installing the striker system of the product claims above onto a vehicle frame, Col. 10 Line 18 – Col. 11 Line 8) for assembling a striker system according to claim 1 into an assembled state (Figures 6-8), wherein the method comprises the steps:
arranging the bracket plate (20 Figure 6) in connection to the vehicle body in an attached state (Figure 5), wherein the first attachment section, the second attachment section and the third attachment section are attached to the vehicle body (the attachment sections can be attached to the vehicle body via welds, Col. 5 Lines 45-60), wherein the first elevated section and the second elevated section are arranged at a distance from the vehicle body in the vertical direction (as shown by the gap distance ‘D’, Figure 5);
engaging the first fastening element to the striker, and to the first fastening member of the first elevated section via the vehicle body, and engaging the second fastening element to the striker, and to the second fastening member of the second elevated section via the vehicle body, for connecting the striker to the bracket plate (Col. 10 Lines 18-30);
tightening the first fastening element for bringing the first elevated section in contact with the vehicle body through deformation of one or more first deformation elements connecting the first elevated section to the first attachment section and one or more second deformation elements connecting the first elevated section to the second attachment section, and tightening the second fastening element for bringing the second elevated section in contact with the vehicle body through deformation of one or more third deformation elements connecting the second elevated section to the second attachment section and one or more fourth deformation elements connecting the second elevated section to the third attachment section (the elevated sections taught by Forti are adjustable in the longitudinal direction, lateral direction and/or vertical direction through deformation of the one or more deformation elements, Col. 10 Line 18 – Col. 11 Line 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-11518448-B2: A related vehicle striker system.
US-7628445-B2: A related vehicle striker system.
US-20070005066-A1: A related vehicle striker system.
US-4323271-A: A related vehicle striker system.
US-20080217930-A1: A related vehicle striker system.
US-20070130728-A1: A related vehicle striker system.
US-6910728-B2: A related vehicle striker system.
US-11383588-B2: A related vehicle striker system.
US-6814401-B2: A related vehicle striker system.
US-8469413-B2: A related vehicle striker system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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/NOAH HOROWITZ/Examiner, Art Unit 3675