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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
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 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.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Grattan et al.
For claim 1, Grattan et al. (2020/0361543) discloses a reinforcement plate (12) for protecting a bumper cover (FIG.2) of a vehicle (10), the reinforcement plate comprising:
a base wall (30) configured to be disposed below the bumper cover;
a mounting bracket (16) extending from the base wall and configured to be mounted to a chassis of the vehicle; and
a rib (not numbered but see in FIG.3) extending between and connected to the base wall and the mounting bracket for supporting a position of the base wall relative to the mounting bracket.
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Grattan et al. lack the rib being a plurality of ribs as recited, but it would have been obvious to one with ordinary skill in the art at the time the invention was made and with a reasonable expectation of success to provide a second rib for it is a mere duplication of part since it would be obvious to have additional bracing and stiffening of the bracket since it has been held that mere duplication of an essential working part of a device involves only routine skill in the art. (See MPEP 2144.04 (iv) (B). See also In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
For claim 2, the base wall (FIG.3) extends in a substantially planar configuration to a perimeter edge and has a generally horizontal orientation,
the base wall configured to cover at least a portion of a lower surface (FIGS.1-2) of the bumper cover.
For claim 3, the mounting bracket (16) extends substantially orthogonal to the base wall and has a generally vertical orientation, the mounting bracket configured to extend upward relative to the vehicle.
For claim 4, further comprising a side wall (42) that bounds a portion of the perimeter edge of the base wall, the side wall extending transverse to the base wall and configured to extend upwardly relative to the vehicle such that the side wall can be configured to cover (is capable of covering) at least a portion of an exterior side surface of the bumper cover. The claim is directed to the subcombination which is capable of performing the recited function.
For claim 5, the mounting bracket comprises an attachment interface (not numbered but seen in FIGS.3 and 4) spaced from the base wall and configured to mount to the chassis of the vehicle.
For claim 6, the attachment interface defines at least two holes (58) each configured to receive a fastener (implicit, not shown) for engaging the chassis and mounting the reinforcement plate to the vehicle.
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For claim 7, the base wall and the mounting bracket define a cavity therebetween, and
at least one of the base wall and the mounting bracket defines an aperture opening into the cavity for accessing the fasteners (not shown) to assemble the reinforcement plate to the vehicle.
For claim 8, the base wall (30) extends in a lateral direction relative to the vehicle between a first end and a second end, the second end configured to be positioned (capable of being positioned) adjacent a corner of the vehicle.
For claim 9, the mounting bracket (16) is disposed adjacent the first end of the base wall.
For claim 10, the base wall (30) has an inner surface configured to face the chassis of the vehicle, the plurality of ribs extending from the mounting bracket along the inner surface of the base wall toward the second end (the front end (left-hand side) as seen in FIG.4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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