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 8-13 and 16 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 8 recites in the preamble the subcombination of a “side sill assembly” that is inconsistent with the body of the claim that recites limitations directed to the combination of the side sill assembly and a B-pillar. This inconsistency presents the question as to whether the claim recites a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because a B-pillar is not an inherent component of the side sill assembly. Claims 9-12 are rejected as being dependent on claim 8 and therefore containing the same defect.
Claim 8 recites in the preamble the subcombination of a “side sill assembly” that is inconsistent with the body of the claim that recites limitations directed to the combination of the side sill assembly and a door of a swing type. This inconsistency presents the question as to whether the claim recites a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because a door of a swing type is not an inherent component of the side sill assembly.
Claim 10 contains the phrase “comprising a rail housing positioned between the inner side sill and the outer side sill by a predetermined distance from a rear end portion thereof” which renders the claim indefinite because it is not possible to ascertain for which claim element the phrase “a rear end portion thereof” applies.
The term “high-voltage ” in claim 13 is a relative term which renders the claim indefinite. The term “high-voltage” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “high-voltage renders the word “battery” indefinite because it is not possible to ascertain how low a voltage a battery can be and still be considered “high-voltage”, additionally it is not possible to ascertain how the voltage of a battery would affect the mount configuration. As best understood, any battery can be considered to be a high-voltage battery.
Claim 16 contains the phrase “comprising a rail housing positioned between the inner side sill and the outer side sill by a predetermined distance from a rear end portion thereof” which renders the claim indefinite because it is not possible to ascertain for which claim element the phrase “a rear end portion thereof” applies.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 14, 17 and 18 are rejected under 35 U.S.C. 102(a2) as being anticipated by Higai et al. (hereinafter Higai, US Publication Number 20260159172)
Regarding claim 1, Higai discloses a side sill assembly for a vehicle (Figures 1-2, 4 and 8 element 1), the side sill assembly comprising: an outer side sill shaped convexly to an outside of the vehicle (Figure 8 element 1b); an inner side sill shaped convexly to an inside of the vehicle and having upper and lower end portions respectively fastened to upper and lower end portions of the outer side sill (Figure 8 element 1a, Paragraph 58); a longitudinal reinforcement member disposed in a longitudinal direction of the vehicle and fastened to the inner side sill in the longitudinal direction of the vehicle (Figure 8 element 5, Paragraph 66); and a transverse reinforcement member having a cross-section defined in a width direction of the vehicle, wherein the transverse reinforcement member is fastened to the longitudinal reinforcement member and the inner side sill and is disposed continuously in the longitudinal direction of the vehicle (Figure 8 element 6, Paragraph 66).
Regarding claim 2, see Figure 8 elements 5 and 7. The examiner notes that the claim does not require the longitudinal reinforcement member to be directly fastened to the lower end portion of the outer side sill.
Regarding claim 3, see figure 8 element 3a.
Regarding claim 14, Higai discloses a side lower structure for a vehicle (Figure 8), the side lower structure comprising: an outer side sill shaped convexly to an outside of the vehicle (Figure 8 element 1b); an inner side sill shaped convexly to an inside of the vehicle and having upper and lower end portions respectively fastened to upper and lower end portions of the outer side sill (Figure 8 element 1a, Paragraph 58); a floor panel defining a floor of the vehicle (Figure 8 element 10); a side member supporting a bottom surface of the floor panel (Figure 8 element 11); and a cross member connecting a bottom surface of the side member and the inner side sill (Figure 8 element 110).
Regarding claim 17, Higai discloses a side sill assembly for a vehicle (Figures 1-2, 4 and 8 element 1), the side sill assembly comprising: an outer side sill shaped convexly to an outside of the vehicle (Figure 8 element 1b); an inner side sill shaped convexly to an inside of the vehicle and having upper and lower end portions respectively fastened to upper and lower end portions of the outer side sill (Figure 8 element 1a, Paragraph 58); a longitudinal reinforcement member disposed in a longitudinal direction of the vehicle and fastened to the inner side sill in the longitudinal direction of the vehicle (Figure 8 element 5, Paragraph 66); and a transverse reinforcement member having a cross-section defined in a width direction of the vehicle, wherein the transverse reinforcement member is fastened to the longitudinal reinforcement member and the inner side sill and is disposed continuously in the longitudinal direction of the vehicle (Figure 8 element 6, Paragraph 66) and a rail housing configured to accommodate a roller installed at a lower end of a door of the vehicle (Figure 8 element 3).
Regarding claim 18, see figure 8 element 52y. The examiner notes that the door is not positively claimed.
Claim(s) 1, 6 and 13 are rejected under 35 U.S.C. 102(a1) as being anticipated by Song (US Publication Number 20230072451).
Regarding claim 1, Song discloses a side sill assembly for a vehicle (Figure 5b element 1), the side sill assembly comprising: an outer side sill shaped convexly to an outside of the vehicle (Figure 5b element 20); an inner side sill shaped convexly to an inside of the vehicle and having upper and lower end portions respectively fastened to upper and lower end portions of the outer side sill (Figure 5b elements 10, 21 and 22); a longitudinal reinforcement member disposed in a longitudinal direction of the vehicle and fastened to the inner side sill in the longitudinal direction of the vehicle (Figure 2 elements 31 and 33, Paragraphs 61 and 62); and a transverse reinforcement member having a cross-section defined in a width direction of the vehicle, wherein the transverse reinforcement member is fastened to the longitudinal reinforcement member and the inner side sill and is disposed continuously in the longitudinal direction of the vehicle (Figure 2 element 32, Paragraph 62).
Regarding claim 6, see figure 2 element 32.
Regarding claim 13, see figures 5a and 5b elements 34 and 40.
Allowable Subject Matter
Claims 4, 5, 7, 15, 19 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8-12 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The examiner notes that the resolution of the 112b rejections may affect the patentability of the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644
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