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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 7-10, 12-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooper (US 10,370,040).
Regarding Claim 1, Cooper discloses a reinforcement member assembly for a side sill of a vehicle, the reinforcement member assembly comprising: an upper reinforcement member 46 (see annotated Fig. 2 below) formed in a longitudinal direction of the vehicle and provided inside the side sill of the vehicle; a lower reinforcement member 46 positioned below the upper reinforcement member, including one side 48 in a width direction of the vehicle, which is connected to the upper reinforcement member in the longitudinal direction of the vehicle (formed integrally), provided inside the side sill; and an internal reinforcement member 32, 34 connected to a bottom surface of the upper reinforcement member and an upper surface of the lower reinforcement member, respectively (see Fig. 4).
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Regarding Claim 2, the upper reinforcement member includes an upper surface and a side surface bent downwardly from the upper surface, and wherein the lower reinforcement member includes a lower surface positioned below the upper surface of the upper reinforcement member and a side surface bent upwards from the lower surface and connected to the side surface of the upper reinforcement member (see Figs. 3 and 4; rear side surfaces of upper and lower members are integrally joined to one another along the inside surface of the sill).
Regarding Claim 7, the internal reinforcement 32, 34 includes plural members 38 (Fig. 2) that repeat in the longitudinal direction of the sill.
Regarding Claim 8, the internal reinforcement member 32, 34 includes: an upper bonding portion (ribs 64, 66) connected to the bottom surface of the upper reinforcement member; a lower bonding portion (lower ribs 64, 66) disposed at first and second end portions of the upper bonding portion (disposed at end of reinforcement loop 38 located near numeral 36 in Fig. 2) in the longitudinal direction of the vehicle and connected to the upper surface of the lower reinforcement member; and a connection portion (section 30) which connects the upper bonding portion and the lower bonding portion.
Regarding Claim 9, a bead portion of the internal reinforcement 32, 34 is formed in the upper bonding portion (bead located between ribs 64, 66; Fig. 2) to be lower than the upper bonding portion in the width direction of the vehicle.
Regarding Claims 10 and 14, a bead portion 48 of the upper reinforcement member is formed on an upper surface of the upper reinforcement member to be higher than the upper surface of the upper reinforcement member in the width direction of the vehicle (Fig. 2), and wherein the bead portion of the internal reinforcement member (bead between ribs 64, 66) is positioned below the bead portion of the upper reinforcement member (Fig. 2).
Regarding Claim 12, the internal reinforcement is in plural (plural loops 38; Fig. 2), and wherein the reinforcement member assembly further includes: a first connection member 30 whose front and rear end portions are connected to the plurality of internal reinforcement members 38 adjacent to each other in the longitudinal direction of the vehicle (see Fig. 2; connection portion 30 connects the plural loops 38 at front and rear ends).
Regarding Claim 13, a bead portion 42 is formed in the first connection member in the width direction of the vehicle (Fig. 2).
Regarding Claim 17, the upper reinforcement member and the lower reinforcement member are connected to a side sill inner of the side sill (at 60; Fig. 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.
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) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper as applied to claim 2 above, and further in view of Lee (US 2023/0339543).
Regarding Claim 3, Cooper does not appear to disclose the use of laterally formed beads in the top member. Lee discloses a reinforcement for a sill, wherein the upper side of the reinforcement 31 includes beads 33 spaced apart longitudinally along the reinforcement (Fig. 2). Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to use the beads of Lee in the top member of Cooper in order to increase the load absorption of the reinforcement by stiffening it. The motivation is provided by Lee (paragraph 0042).
Regarding Claim 5, Cooper does not appear to disclose the use of laterally formed beads in the bottom member. Lee discloses a reinforcement for a sill, wherein the lower side of the reinforcement 31 includes beads 33 spaced apart longitudinally along the reinforcement (Fig. 2). Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to use the beads of Lee in the bottom member of Cooper in order to increase the load absorption of the reinforcement by stiffening it. The motivation is provided by Lee (paragraph 0042).
Allowable Subject Matter
Claims 4, 6, 11, 15, 16 and 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 4, 6 and 11, the applicant’s use of a through hole passing through each bead in the upper reinforcement member, is novel.
Regarding Claims 15, 16 and 19, applicant’s use of a connection member disposed between the upper reinforcement member and the internal reinforcement member, is novel.
Regarding Claims 18 and 20, applicant’s use of a connection member connected between a front or rear end portion of the lower reinforcement member, is novel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art relates to sill/rocker assemblies and their reinforcements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612
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