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 .
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, 6-9, 11, 12, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wey et al. (US 2017/0008474).
Wey et al. discloses a vehicle (10) comprising a vehicle body (12), a first design cover (28), and a second design cover (26), as shown in Figures 1, 4, and 5. A seat is inherently supported by the vehicle body and a dashboard is inherently disposed in a front end of an occupant space in which the seat is disposed since the vehicle has a cab with windows and doors, as shown in Figure 1. The first design cover (28) includes an inner design part (28) located in front of the dashboard, as shown in Figures 1 and 4. The second design cover (26) includes an outer design part (26) located in front of the inner design part (28), as shown in Figures 1 and 4.
In reference to claim 2, a cover part (32) covering a fixing part (57) for fixing the second design cover (26) to the vehicle body, as shown in Figures 1 and 4.
In reference to claim 3, the second design cover (26) includes a fixing part (57) constituting the fixing part (57), as shown in Figure 4. The fixing part (57) protrudes from the outer design part (26) along a direction intersecting with a front-back direction, as shown in Figure 4. The cover part (32) is located adjacent to the outer design part (26) to cover the fixing part (57), as shown in Figure 4.
In reference to claim 4, the fixing party (57) protrudes from the outer design part (26) to a lateral side, as shown in Figure 4. The cover part (32) includes a side cover part located on a lateral side of the outer design part (26), as shown in Figure 4.
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In reference to claim 6, a third design cover (24) is a component different from the first design cover (28) and the second design cover (26), as shown in Figure 4. The cover part (24) is provided to the third design cover (24), as shown in Figure 4.
In reference to claim 7, a third design cover (24) is a component different from the first design cover (28) and the second design cover (26), as shown in Figure 4. The cover part (24) is provided to the third design cover (24), as shown in Figure 4. The fixing part (57) is covered by the third design cover (24) fixed from a front side of the vehicle, as shown in Figure 4.
In reference to claim 8, the first design cover (28) includes a protrusion design part (90) protruding from the inner design part (28) located on a rear side of the outer design part (26) along a direction intersecting with a front-back direction, as shown in Figures 3 and 4. The cover part (24) is provided to the protrusion design part (90), as shown in Figures 4 and 6.
In reference to claim 9, the first design cover (28) includes a protrusion design part (90) protruding from the inner design part (28) located on a rear side of the outer design part (26) along a direction intersecting with a front-back direction, as shown in Figures 3 and 4. The cover part (24) is provided to the protrusion design part (90), as shown in Figures 4 and 6. The fixing part (57) covered by the protrusion design part (90) is fixed from a rear side of a vehicle, as shown in Figures 4 and 6.
In reference to claim 11, the cover part (24) includes a side cover part located on a lateral side of the outer design part (26) and an upper side of the outer design part (26), as shown in Figures 4 and 7.
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In reference to claim 12, the third design cover (24) is a component different from the first design cover (28) and the second design cover (26), as shown in Figure 4. The first design cover (28) includes a protrusion design part (91) protruding from the inner design part (28) located on a rear side of the outer design part (26) to an upper side, as shown in Figures 2-4. The side cover part is provided to the third design cover (24), as shown in Figure 4. The upper cover part is provided to the protrusion design part, as broadly claimed. The third design cover is connected to the first design cover so the upper cover part of the third design cover is at least indirectly provided to the protrusion design part of the first design cover (28).
In reference to claim 17, the inner design part (28) includes a front surface and a rear surface, as shown in Figures 2-4. The inner design part is made of an opaque resin, as disclosed in paragraph [0031] and shown in Figure 5. The material is plastic. Figure 5 shows the inner design part blocking view of components behind the inner design part, so the inner design part is opaque. The design of the inner design part includes an uneven shape part provided to the front surface, as shown in Figures 2 and 10.
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In reference to claim 18, the third design cover (24) is a component different from the first design cover (28) and the second design cover (26), as shown in Figure 4. The second design cover (26) includes a first fixing part (57) and a second fixing part (55) fixed to positions different from each other in the vehicle body, as shown in Figure 4. The first design cover (28) covers the first fixing part (57) from the vehicle rear, as shown in Figures 4 and 5. The third design cover (24) covers the second fixing part from the vehicle front, as shown in Figure 1-5.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wey et al. (US 2017/0008474) in view of Yamaguchi et al. (US 2023/0304642).
Wey et al. does not disclose the fixing part protrudes to an upper side of the outer design part.
Yamaguchi et al. teaches forming a fixing part (3a) protruding from an outer design part (3) to an upper side, as shown in Figure 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a fixing part protruding from the outer design part to an upper side of Wey et al., as taught by Yamaguchi et al., with a reasonable expectation for success to provide additional connections to more securely attach the outer design part to prevent vibrations.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wey et al. (US 2017/0008474) in view of Fortin et al. (US 2016/0144900).
Wey et al. discloses grills provide air flow to an air cool target component on a rear side of a grill part, as disclosed in paragraph [0004]. However, Wey et al. does not disclose a grill part located on a lower part than the inner and outer design parts.
Fortin et al. teaches providing a grill part on a lower part than an inner design part (74,76,78) and an outer design part (44), as shown in Figures 3-5. A radiator is provided behind the grill part, as disclosed in paragraph [0031].
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In reference to claim 14, the inner design part (74,76,78) and the grill part integrally constitute the first design cover (40), as shown in Figure 3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a grill part on a lower part than the inner and outer design parts of Wey et al. by integrating the grill part and the inner design part, as taught by Fortin et al., with a reasonable expectation for success to provide additional air to cool the air cool target to improve cooling to maintain effectiveness of the engine and prolong engine life without increasing the number of parts to prevent a complex assembly method.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wey et al. (US 2017/0008474) in view of Sato et al. (US 2023/0304642).
Wey et al. discloses the outer design part (26) has a base member (26) made of resin, as disclosed in paragraph [0031]. This paragraph incorrectly uses reference number (28) for the mesh member/outer design part. Several other paragraphs correctly identify the mesh member/outer design part with reference number (26), such as paragraphs [0020], [0023], and [0032].
In reference to claim 16, the base member (26) has a front surface and a rear surface, as shown in Figures 4, 7, and 8. The rear surface includes an uneven shape part formed by the protrusions, as shown in Figure 8.
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However, Wey et al. does not disclose the material is semitransparent.
Sato et al. teaches forming a vehicle grill (3) of a semitransparent resin. The vehicle grill is translucent, as disclosed in paragraph [0060]. Translucent and semitransparent are equivalent terms.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the outer design part of Wey et al. from a semitransparent resin, as taught by Sato et al., with a reasonable expectation to provide a desired aesthetics while maintaining a lightweight and inexpensive construction.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wey et al. (US 2017/0008474) in view of Yamaguchi et al. (US 2023/0304642).
Wey et al. discloses the second fixing part (53) of the second design cover includes a lateral fastening part protruding from the second design cover to a lateral side, as shown in Figure 4. However, Wey et al. does not disclose the first fixing part protrudes to an upper side of the second design cover.
Yamaguchi et al. teaches forming a fixing part (3a) protruding from second design cover (3) to an upper side, as shown in Figure 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first fixing part protruding from the second design cover to an upper side of Wey et al., as taught by Yamaguchi et al., with a reasonable expectation for success to provide additional connections to more securely attach the second design cover to prevent vibrations.
Allowable Subject Matter
Claim 10 is 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: The primary reason for indicating allowable subject matter of claim 10 is the combination of a fixing hole formed in a distal end of the fixing piece and the base end of the fixing piece passing through the insertion hole, which is not found in the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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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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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 July 9, 2026
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