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 5 and 6 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 5 recites the limitation "the receiving element" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is suggested the phrase be changed to “each sill receiving element”. Note the indication of allowable subject matter below is dependent on this suggested change.
Claim 6 recites the limitation "the receiving element” in line 1. There is insufficient antecedent basis for this limitation in the claim. It is suggested the phrase be changed to “each longitudinal member receiving element”. Note the indication of allowable subject matter below is dependent on this suggested change.
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 1-4 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohlbrenner et al. (US Patent Application Publication 2022/0371664).
Re claim 1, Kohlbrenner et al. discloses a bulkhead (1, figure 1) of a motor vehicle, wherein the bulkhead extends transversely to a vehicle direction and is configured to separate a passenger compartment and a front compartment (see paragraph 0028), the bulkhead comprising: an upper cross member (4, figure 1), two inner A-pillars (3, figure 1) which are arranged in each case to a side of the bulkhead; sill receiving elements (9, figure 1) and longitudinal member receiving elements (see the annotated figure below)which are arranged in each case on the inner A-pillars; and a lower cross member (2, figure 5), the lower cross member and the bulkhead being configured as a one-piece or integral light metal pressure die-cast part (see paragraph 0015, the device is capable of being produced by pressure die casting and thus meets the product by process limitation).
Re claim 2, at least one diagonal rib is arranged between at least one of the sill receiving elements and at least one of the longitudinal member receiving elements (see the annotated figure below).
Re claim 3, the lower cross member is configured for attaching a battery housing and has attachment elements (see the annotated figure below, the structures identified are capable as acting as attachment areas for a battery housing and thus meet the claim limitations.
Re claim 4, the lower cross member is configured for attaching a chassis sub-frame and has attachment elements (see the annotated figure below, the structures identified are capable as acting as attachment areas for a chassis sub frame and thus meet the claim limitations).
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Re claim 7, the bulkhead is thin-walled with a thickness between 1 and 8 mm (see paragraph 0018).
Re claim 8, the lower cross member has ribbing (8, figure 1) configured for reinforcement.
Re claim 9, the upper cross member has ribbing (7) configured for reinforcement.
Re claim 10, the bulkhead comprises an Al or Mg alloy (see paragraph 0022).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kohlbrenner et al. (US Patent Application Publication 2022/0371664) in view of Alanis et al. (US Patent 9,828,037).
Re claim 11, Kohlbrenner et al. discloses a method for producing the bulkhead according to claim 1, comprising producing the bulkhead by die-casting.
Kohlbrenner et al. does not disclose producing the bulkhead by pressure die-casting.
Alanis et al. teaches producing vehicle structural parts by pressure die casting (see column 2, line 46).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a method for producing a bulkhead, such as that disclosed by Kohlbrenner et al., to include pressure die-casting, as taught by Alanis et al., with a reasonable expectation of success, in order to produce the part with a process which ensures high consistency as well as dimensional accuracy of the bulkhead.
Allowable Subject Matter
Claims 5 and 6 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 primary reason for the indication of allowable subject matter in claim 5 is the inclusion in the claim of the limitations directed to the receiving element being C-shaped. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Kohlbrenner et al. (US Patent Application Publication 2022/0371664), the closest prior art of record does not disclose the use of a C-shaped receiving element and there is no motivation in the prior art of record to modify the receiving element of Kohlbrenner et al. to have a C-shaped receiving element absent impermissible hindsight reasoning. DE 102011081433 shows C-shaped receiving elements, but does not suggest using them in conjunction with a bulkhead.
The primary reason for the indication of allowable subject matter in claim 6 is the inclusion in the claim of the limitations directed to the receiving element being C-shaped. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. Kohlbrenner et al. (US Patent Application Publication 2022/0371664), the closest prior art of record does not disclose the use of a C-shaped receiving element and there is no motivation in the prior art of record to modify the receiving element of Kohlbrenner et al. to have a C-shaped receiving element absent impermissible hindsight reasoning. DE 102011081433 shows C-shaped receiving elements, but does not suggest using them in conjunction with a bulkhead.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle bulkhead constructions.
US Patent Application Publication 2023/0339546 discloses a vehicle front structure including cast parts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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/JASON S MORROW/Primary Examiner, Art Unit 3612
June 25, 2026
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