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) 1-11 and 15-19 is/are rejected under 35 U.S.C. 102(a)(!) as being anticipated by Mildner (US 2015/0344072).
Regarding Claim 1, Mildner discloses a rear panel 15 positioned at a rear of the vehicle body; and a lower member 64 having an “L” shape cross-section, wherein the lower member comprises an upper junction part (at 92; Fig. 11) on an upper portion of the cross-section, and wherein the upper junction part is joined at a rear of the rear panel 15.
Regarding Claim 2, the upper junction is horizontal (see Fig. 11 at 92).
Regarding Claim 3, the lower member 64 further comprises a lower junction part at a lower portion of the cross-section (Fig. 11 at 94).
Regarding Claim 4, the lower junction is vertical (Fig. 11 at 94).
Regarding Claim 5, Mildner includes a back panel 40, 68 connected to the upper junction part and the lower junction part (Fig. 11), wherein the back panel defines a back panel closed section therebetween with the lower member.
Regarding Claim 6, the back panel 60 is connected to the lower member 64 in a vertical direction of the vehicle body (Fig. 11).
Regarding Claims 7 and 18, the back panel comprises: an upper back panel 40 connected to the upper junction part in a shape parallel to the rear panel (top portion of 40 is parallel to the floor 15); and a lower back panel 68 connected to the lower junction part.
Regarding Claims 8 and 10, the back panel further comprises a front connection portion (92; at junction of 40, 15 and 64) extending in the horizontal direction parallel to the rear panel and disposed on a front of the upper back panel where the upper back panel and the rear panel are connected (Fig. 11).
Regarding Claims 9 and 19, the back panel comprises: a front body connected to the upper junction part (front of 40 at junction near 92); a rear body connected to the lower junction part (lower rear of 68 connected at 94); and a main body protruding upward from the front body and the rear body (combination of 40 and 68 joined together and protruding upward from the hollow; Fig. 11).
Regarding Claim 11, the back panel 40, 68 encloses a main body closed section between (Fig. 11).
Regarding Claim 15, Mildner discloses a vehicle body (Fig. 1); a rear panel 15 disposed at a rear of the vehicle body; and a rear complement mounted at a rear of the rear panel, the rear complement comprising: a back panel 40, 68; and a lower member 64 comprising: an upper junction part (Fig. 11; front of 64 at 92) connected to the rear of the rear panel; a first body extending as a first bend from the upper junction part (Fig. 11); and a second body extending as a second bend from the first body, wherein the first body and the second body define an “L” shape cross-section (64 includes two bends in a L shape; Fig. 11).
Regarding Claim 16, the lower member 64 includes three bends (Fig. 11).
Regarding Claim 17, the upper junction (64 at numeral 92) is horizontal, and the lower junction (64 at numeral 94) is vertical.
Allowable Subject Matter
Claims 12-14 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.
The following is a statement of reasons for the indication of allowable subject matter: applicant’s use of the rear panel having a rear panel side portion bent in a first upward bend, and the lower member having a second upward bend to match that of the rear side panel, 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 rear panel sections and load floors for vehicles.
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.
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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
