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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is not clearly understood because “optionally a cockpit cross-member” could be an example or a required limitation. The phrase has been broadly as an example.
Claim 6 is not clearly understood because “optionally on the edge region” could be an example or a required limitation. The phrase has been broadly as an example.
Claim 7 is not clearly understood because “the direction” lacks a clear antecedent basis.
Claim 8 is not clearly understood because “the opposing internal walls” lacks a clear antecedent basis.
Claim 14 is not clearly understood because “optionally a structural component as claimed in claim 1” could be an example or a required limitation. The phrase has been broadly as an example.
Claim 15 is not clearly understood because “the direction” lacks a clear antecedent basis.
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.
Claims 1-11, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (6,406,077).
Johnson discloses a structural component comprising a profile element (11) and at least one fastening element (16), as shown in Figures 1-4. The profile element (11) has a peripheral wall (12-15) that delimits an interior (11’) of the profile element (11), as shown in Figures 1-4. Through openings (19,21) are provided in the peripheral wall (12-15) of the profile element (11), as shown in Figures 1-4. The fastening element (16) is arranged in the interior (11’) of the profile element (11) so as to correspond to the through openings (19,21), as shown in Figures 1-4. A forming portion (20,22) is formed on the profile element (11) and positions the fastening element (16) with respect to the through openings (19,21), as shown in Figure 4 and disclosed on lines 1-8 of column 3.
In reference to claim 2, the forming portions (20,22) act on and engage in the fastening element (16), as shown in Figure 4.
In reference to claim 3, the forming portions (20,22) are configured by plastic forming of a material reservoir, called marginal material in the reference, provided on the profile element (11), as shown in Figures 1-4 and disclosed on lines 1-8 of column 3.
In reference to claim 4, the material reservoir is configured for forming the forming portions (20,22) on an edge region of the profile element (11) surrounding the through opening (19,21), as shown in Figure 4 and disclosed on lines 1-8 of column 3.
In reference to claim 5, the material reservoir is configured as a projecting portion which is configured by the peripheral wall (12-15) of the profile element (11), as shown in Figures 1-4.
In reference to claim 6, a plurality of material reservoirs is spaced apart from one another on the profile element (11) on the edge region of the profile element (11) delimiting the through openings to form a plurality of forming portions (20,22), as shown in Figure 4.
In reference to claim 7, the forming portions (20,22) extend from the peripheral wall (12-15) of the profile element (11) in the direction of the interior of the profile element (11), as shown in Figure 4.
In reference to claim 8, the fastening element (16) has a sleeve-shaped body and extends between opposing internal walls of the profile element (11), as shown in Figure 4.
In reference to claim 9, an internal cross section of the through opening (21) is smaller than a cross section of the fastening element (16), as shown in Figure 4. The fastening element (16) is positioned with respect to the through opening (21) bears against an internal wall portion of the profile element surrounding the through opening (21), as shown in Figure 4.
In reference to claim 10, the profile element (11) has an additional through opening (19) in the peripheral wall (12-15) of the profile element (11) opposing the at least one through opening (21), as shown in Figure 4.
In reference to claim 11, an internal cross section of the further through opening (19) is smaller than a cross section of the fastening element (16), as shown in Figure 4. The fastening element (16) is positioned with respect to the further through opening (19) bears against an internal wall portion of the profile element surrounding the further through opening (19), as shown in Figure 4.
In reference to claim 14, a structural component is produced by providing a profile element (11) with a peripheral wall (12-15) delimiting an interior of the profile element, as shown in Figures 1-4. A through opening (19,21) is provided in the peripheral wall (12-15), as shown in Figures 1-4. A fastening element (16) is introduced into the interior of the profile element (11) and oriented with respect to the through openings (19,21), as shown in Figures 1-4. A material reservoir is formed on the profile element (11) for forming a forming portion (20,22) which positions the fastening element (16) with respect to the through openings (19,21), as shown in Figures 1-4.
In reference to claim 15, a forming tool (35,36) is introduced into the through openings (19,21), as shown in Figures 2 and 4. Plastic forming of the material reservoir by introducing the forming tools (35,36) into the through openings (19,21), as shown in Figures 2 and 4. Configuring the forming portions (20,22) by plastic forming of the material reservoir to extend from the peripheral wall (12-15) of the profile element (11) in the direction of the interior of profile element (11), as shown in Figure 4.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson (6,406,077) in view of Caliskan et al. (8,292,357).
Johnson does not disclose the further opening has an internal cross section through which the fastening element can be introduced into the interior of the profile element.
Caliskan et al. teaches forming a through opening with an internal cross section through which a fastening element (12) can be introduced into the interior of a profile element (14), as shown in Figure 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the further through opening of Johnson with an internal cross section through which the fastening element can be introduced into the interior of the profile element, as taught by Caliskan et al., with a reasonable expectation for success to allow for fastening elements that are located away from a longitudinal end of the profile element.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson (6,406,077) in view of Son (US 2019/0210654).
Johnson does not disclose the profile element is formed by an internal high-pressure.
Son teaches forming a profile element by providing a high internal pressure to a tubular element, specifically hydroforming, as disclosed in paragraph [0013].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the profile element of Johnson by hydroforming, as taught by Son, with a reasonable expectation for success to shape the profile element in manners not possible with roll-forming to fit vehicles of different shape requirements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Several references directed to cockpit cross-members are being provided, such as Decome (6,382,695).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 September 10, 2026
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