DETAILED ACTION
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.
Claim 7 is 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 7 recites “the rear end surface is closely connected to the opening cover”. This recitation is indefinite as the metes and bounds of the limitation cannot be discerned. It cannot be discerned from the specification or the drawings if “closely” refers to a contact relationship or some unspecified yet required spacing.
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 roof
invention is not identically disclosed as set forth in section 102 of this title, 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.
Claims 1-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Takeda et al. (US 20160090128) in view of Prior (US 20240408949).
Regarding claim 1: Takeda discloses a rear structure of a vehicle body (title, abstr.; [0002]). Takeda discloses a vehicle body rear complement 100 including a rear cross member 116, a back panel (at rear of space 114 - illustrated but not numbered), and a rear vertical panel 124, 146 arranged on both sides (only 1 side illustrated) of the vehicle body to connect the rear cross member and the back panel (Fig. 1A; [0024], [0029] – Takeda discloses at least indirect connections).
Takeda discloses a rear space 114 (Fig. 1A; [0024]) but is silent as to a structure to close in the space 114 and therefore does not explicitly disclose a tailgate opening formed on an inner side thereof and a rear end surface configured to have an opening flange or sealing function is formed along an outer edge of the tailgate opening on the inner side of the vehicle body rear complement. Prior discloses a tailgate opening (not numbered – illustrated in Figs. 1-3A) formed on an inner side thereof and a rear end surface configured to have an opening flange or sealing function is formed along an outer edge of the tailgate opening on the inner side of the vehicle body rear complement (Figs. 1-3A; [0037], [0043]-[0045]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have modified Takeda so as to include a tailgate opening formed on an inner side thereof and a rear end surface configured to have an opening flange or sealing function is formed along an outer edge of the tailgate opening on the inner side of the vehicle body rear complement.as taught by Prior. As both Takeda and prior teach vehicle rear body structure, as tailgates and seal structures are notoriously well known in the art, as Takeda is silent regarding a rear closure (tailgate) and the seal structures therefore, and as Prior explicitly discloses tailgates and seal, it would have been within routine skill to have selected a specific rear structure closure from a finite number of vehicle rear structure closures. Such a configuration would have been predictable with a reasonable expectation for success and with no unexpected results.
Regarding claim 2: Takeda, as modified by Prior, discloses a tailgate18, 22 pivotably mounted on the vehicle body rear complement and configured to cover the tailgate opening (Prior – Figs. 1-3A; [0039]).
Regarding claim 3: Takeda, as modified by Prior, discloses that the rear vertical panel has a rear mounting portion formed that is connected to a hinge of the tailgate (Prior – Fig. 3- at least one embodiment of tailgate 22 meets the recited limitation).
Regarding claim 4: Takeda, as modified by Prior, discloses that the rear end surface is formed in a rear direction of the vehicle body (Takeda – Fig. 1A; Prior – Figs. 1-3A).
Regarding claim 5: Takeda, as modified by Prior, discloses a weather strip 30 connected to the rear end surface (Prior – Figs. 1-3A; [0003], [0043] – connected at least when closed).
Regarding claim 6: Takeda, as modified by Prior, discloses an opening cover connected to the vehicle body rear complement (Prior – Figs. 1-3A).
Regarding claim 7: Takeda, as modified by Prior, discloses that the rear end surface is closely connected to the opening cover (Prior – Figs. 1-3A).
Regarding claim 8: Takeda, as modified by Prior, discloses that the rear end surface is formed in a height direction of the vehicle body (Prior – Figs. 1-3A).
Regarding claim 9: Takeda, as modified by Prior, discloses that the rear end surface is connected to the opening cover (Prior – Fig. 3- at least one embodiment of Prior meets the recited limitation).
Regarding claim 11: Takeda, as modified by Prior, discloses that the rear vertical panel has a rear mounting portion formed on which the opening cover bracket is mounted (Prior – Fig. 3- at least one embodiment of Prior meets the recited limitation).
Regarding claim 12: Takeda, as modified by Prior, discloses that the rear end surface comprises a cover mounting connecting portion configured so that the opening cover can be connected thereto (Prior – Figs. 1-3A).
Allowable Subject Matter
Claims 16-20 are allowed.
Claims 10 and 13-15 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.
Vehicle rear body structures including seal assemblies and various closure elements are very well known in the art. Representative art which appears close to the claimed invention includes Takeda et al. (US 20160090128), Prior (US 20240408949), Warburton et al. (US 20160193903), Iacovoni et al. (US 9945161), Kurita et al. (US 20140097644), Morrow et al. (US 11958344), and Tchepikov et al. (US 11548472). In general, this art, alone or in combination, discloses various recited features, including but not limited to, a rear structure of a vehicle body comprising a vehicle body rear complement including a rear cross member, a back panel, a rear vertical panel arranged on both sides of the vehicle body to connect the rear cross member and the back panel, a tailgate opening formed on an inner side thereof, and a rear end surface configured to have an opening flange or sealing function formed along an outer edge of the tailgate opening on the inner side of the vehicle body rear complement. Thus, upon reviewing these cited publications and their included references, it appears that the claimed subject matter might teach a generally known concept. However, this art fails to disclose or fairly suggest the specifically recited structural components and steps. Specifically, the art does not disclose the various detailed manufacturing (molding and forming) steps and structural positional relationships of the recited structure of the vehicle, as well as the combination of the independent limitations. It could be argued that the individual structure is generally known in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships, steps, and combinations, which require a greater effort than just cobbling together known structures. Further, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner can find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application. Thus, it would not have been within routine skill to glean the specifically combined limitations of the instant invention, from the art, without the benefit of hindsight reasoning or extensive experimentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taras P Bemko/
Primary Examiner, Art Unit 3672
7/20/2026
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