DETAILED ACTION
This action is a first action on the merits. The preliminary amendment filed on October 31, 2024 has been entered. Claims 1-16 are cancelled. Claims 17-32 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims foreign priority to European Patent No. EP23207733.9 filed on November 3, 2023.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) filed on October 31, 2024, April 1, 2025, and February 5, 2026 have been considered by the Examiner.
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.
Claim(s) 17-28 and 31-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pavel, German Patent No. DE 10 2015 208 898 B3 (hereinafter Pavel) (all citations are to the English translation dated 2026) in view of Maier at al., German Patent No. DE 10 2021 003 727 A1 (hereinafter Maier) (all citations are to the English translation dated 2026).
Claim 17: Pavel discloses a subframe (2) for a motor vehicle (see Fig 4), comprising:
a frame body (see shells 20, 21 in Fig 4) and at least one mounting sleeve (sleeve 7 of the fastening system 1, see Fig 4, par [0046]),
wherein the mounting sleeve (sleeve 7, see Fig 4) has a sleeve body with a longitudinal passage (sleeve recess 10, see Fig 4) and a sleeve head (support part 3, see Fig 4) with a passage opening (at support recess 6, see Fig 4),
the sleeve head comprises a cold extruded part,
wherein the passage opening (6) is in the sleeve head (3), and
the sleeve head (3) and the sleeve body (7) are separate components (indicated by the different cross hatching as seen in Fig 4), and
the sleeve head (3) is positioned on a front side on the sleeve body (7) (as shown in Fig 4),
wherein the sleeve body (7) and the sleeve head (3) are joined in a form- fitting or force-fitting manner (the upper cylindrical sleeve section of the sleeve body 7 extends upwards through the recess 22, wherein the support part 3, which forms the sleeve head 3, lies directly against the upper side of the sleeve body 7, see Fig 4, par [0047], this is considered form-fitting as two or more components are connected to one another by interlocking shapes as shown in Fig 4).
Pavel is silent as to the sleeve head comprises a cold extruded part.
Maier discloses the use of cold extrusion as substitute in forming the subframe of a motor vehicle (production of 22, 24 can include or permit several manufacturing technologies, including cold extrusion parts, see Fig 6-9, pg 4, 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the sleeve head of the subframe of the motor vehicle of Pavel to be formed via a cold extruded part as disclosed by Maier, as one of ordinary skill in the art could have substituted one known method of forming for another known method of forming, and the results of the substitution would have been predictable producing the desired sleeve head that is particularly inexpensive and with little effort (Maier, pg 4-5).
Claim 18: Pavel, as modified by Maier, discloses wherein the sleeve head (Pavel, 3) has a disc element (Pavel, support part 3 is disc shaped, see Fig 4) which rests on the sleeve body (Pavel, 7) at the front side (first side 11) (as shown in Fig 4) and
at least one positioning element (recess 18) on a sleeve body side (Pavel, interface between support part 3 and sleeve body 7), which projects into the sleeve body and/or rests on an outside on a front end portion of the sleeve body (Pavel, recess 18 rests on the sleeve body 7 on the first side 11, as shown in Fig 4).
Claim 19: Pavel, as modified by Maier, discloses the sleeve head has a mounting portion (Pavel, contact surface 14 is as a structured surface 15 with a toothing 16 educated, Fig 4, pg 7) on a front side (Pavel, 11) thereof facing away from the sleeve body (Pavel, 7) (as shown in Fig 4).
Claim 20: Pavel, as modified by Maier, discloses wherein the sleeve head (Pavel, 3) has a friction structure (Pavel, toothing 16, see pg 7).
Claim 21: Pavel, as modified by Maier, discloses wherein the friction structure (Pavel, toothing 16, see pg 7) is provided on a front side (Pavel, 11) of the sleeve head (Pavel, 3).
Claim 22: Pavel, as modified by Maier, discloses wherein the friction structure (Pavel, 16) at least partially surrounds the passage opening (Pavel, 6) (as showing in Fig 4).
Claim 23: Pavel, as modified by Maier, discloses wherein the friction structure (Pavel, 16) comprises at least one friction element (tooth or teeth) and the friction element (Pavel, 16) is configured in a rib- shaped or point-shaped manner (toothing is considered a rib-like manner, see pg 7).
Claim 24: Pavel, as modified by Maier, discloses wherein the frame body (Pavel, 20, 21) comprises shell components (subframe top 20 and subframe base 21 are shells as shown in Fig 4, pg 3, 7).
Claim 25: Pavel, as modified by Maier, discloses wherein the sleeve head (Pavel, 3) is arranged in an opening of the frame body (Pavel, 20, 21) (the support part 3 extend within the opening between the upper part 20 and subframe base 21, as seen in Fig 4).
Claim 26: Pavel, as modified by Maier, discloses wherein the sleeve head (Pavel, 3) rests against the frame body (Pavel, 20, 21) with a contact surface on a sleeve body side (contact between the support part 3 and each of the upper part 20 and subframe base 21 as shown in Fig 4).
Claim 27: Pavel, as modified by Maier, discloses wherein the sleeve body (Pavel, 7) projects through an opening in a wall of the frame body (Pavel, 20, 21) (see Fig 4) and the sleeve head (Pavel, 3) is arranged at a distance from an outer surface of the frame body (Pavel, 20, 21) (Pavel, the contact between the support part 3 and the support sleeve 7 at recess 18 is arranged away from the outer surface of the upper part 20 and subframe base 21 as shown in Fig 4).
Claim 28: Pavel, as modified by Maier, discloses wherein the sleeve body (Pavel, 7) projects with an end portion facing away from the sleeve head (Pavel, 3) through an opening in a wall of the frame body (Pavel, 20, 21) (the lower end of the sleeve 7 extends through the lower opening the upper part 20 and subframe base 21, as shown in Fig 4).
Claim 31: Pavel in view of Maier discloses that the sleeve head (Pavel, 3) and the sleeve body (Pavel, 7) comprise different materials (the support part 3 has a greater hardness than the sleeve 7, abstract, pg 3).
Claim 32: Pavel, as modified by Maier, discloses wherein the sleeve body (Pavel, 7) and/or the sleeve head (Pavel, 3) are hardened or tempered (see pg 4).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pavel and Maier as applied to claim 17, and further in view of Stastny et al., German Patent No. DE 10 2016 121 756 B3 (hereinafter Stastny) (all citations are to the English translation dated 2026).
Claim 29: Pavel, as modified by Maier, discloses wherein the sleeve body (Pavel, 7) contacts the wall of the frame body (Pavel, 20, 21) with an end (lower end as shown in Fig 4) facing away from the sleeve head (Pavel, lower end of 7 as shown in Fig 4) and surrounds an opening in the wall of the frame body (Pavel, opening between 20, 21).
Pavel, as modified by Maier, fails to disclose the sleeve body contacts an inner surface of a wall of the frame body with an end facing away from the sleeve head.
Stastny discloses a sleeve body (sleeve 4) that contacts an inner surface of a wall of the frame body (upper and lower shell 2, 3) with an end (lower end of sleeve 4) facing away from the sleeve head (body connection sleeve 5) (as shown in Fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the subframe of Pavel and Maier, to include the sleeve body contacting an inner surface of a wall of the frame body with an end facing away from the sleeve head as disclosed by Stastny, as one of ordinary skill in the art could have pursued the known potential solutions for connecting the two shells of the body frame with a reasonable expectation of success.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pavel and Maier as applied to claim 17, and further in view of Chen et al., Chinese Patent No. CN 214001822 U (hereinafter Chen) (all citations are to the English translation dated 2026).
Claim 30: Pavel, as modified by Maier, discloses wherein the sleeve head has a threaded portion.
Chen discloses a vehicle frame including a sleeve head (annular retaining ring 113) with a threaded portion (first through hole 111) (see Fig 1-2, pg 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the sleeve head of Pavel and Maier to include a threaded portion as disclosed by Chen, as one of ordinary skill in the art would have recognized that applying the known technique of a threaded hole to a sleeve head would have yielded the predictable results of a threaded attachment method thereby resulting in a removable attachment mechanism.
Conclusion
Claims 17-32 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
Prosecution Insights