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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fang et al. (CN 116022242 A).
Regarding claim 1, Fang et al. discloses a vehicle comprising: a single-piece casting member configured to include right and left wheel arches (Fang et al. Figure 1 Items labeled 3) and a cross member extending in a vehicle width direction and connecting the right and left wheel arches (Fang et al. Figure 1 Items labeled 2, 4, 5 are all qualifying cross members), the right and left wheel arches and the cross member being cast in a single piece or the right and left wheel arches and the cross member being divided at a coupling part provided at a predetermined location in the vehicle width direction, divided parts each being cast in a single piece, and the divided parts being coupled to each other in a single piece at the coupling part (Fang et al. Translation Description Paragraph 55 “the rear longitudinal beam 1 and the rear beam 2 are integrally cast”, Translation Description Paragraph 62 “the rear longitudinal beam 1 and the front cross beam 4 are integrally cast” and Translation Description paragraph 63 “the rear longitudinal beam 1 and the middle beam 5 are integrally cast” indicate that crossbeams are formed via a single casting with the rear longitudinal beam. The wheel arches are also a part of this single casting, as described in Translation Description Paragraph 56 “the rear longitudinal beam 1 and the rear wheel cover 3 are integrally cast”); and a side member fixed to a lower part of a corresponding one of the wheel arches that are components of part of the single-piece casting member and extending in a vehicle front and rear direction (Fang et al. Translation Description Paragraph 50 mentions a rear longitudinal beam rear part 12 that is inserted into the rear joint 11. The rear longitudinal beam rear part is the side member. Translation Description Paragraph 45 provides that “the rear longitudinal beam main body part 10 and the rear joint 11 are integrally cast.” Since the rear longitudinal beam main body part is part of the single piece casting and forms a lower part of the wheel arches, the side member 12 is fixed to a lower part of a wheel arch 11).
Regarding claim 2, Fang et al. as modified by Rai et al. discloses the vehicle according to claim 1, wherein, in the single-piece casting member, the right and left wheel arches and the cross member are cast in a single piece (Fang et al. Translation Description Paragraph 55 “the rear longitudinal beam 1 and the rear beam 2 are integrally cast”, Translation Description Paragraph 62 “the rear longitudinal beam 1 and the front cross beam 4 are integrally cast” and Translation Description paragraph 63 “the rear longitudinal beam 1 and the middle beam 5 are integrally cast” indicate that crossbeams are formed via a single casting with the rear longitudinal beam. The wheel arches are also a part of this single casting, as described in Translation Description Paragraph 56 “the rear longitudinal beam 1 and the rear wheel cover 3 are integrally cast”).
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.
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 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 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. (CN 116022242 A) in view of Schwering et al. (WO 2024088637 A1).
Regarding claim 3, Fang et al. fails to disclose a vehicle where the side member is a front side member provided at a vehicle front part.
Schwering et al. teaches a vehicle where the side member is a front side member provided at a vehicle front part (Schwering et al. Annotated Figure 3).
It would be obvious to one of ordinary skill in the art to transform the vehicle rear part with a rear side member, as taught by Fang et al., into a vehicle front part with a front side member, as taught by Schwering et al., because a front vehicle body part is under many of the same constraints as a rear body part, such that the solutions for a cost effective, crash resistant and easy to manufacture rear body part can be applied to a similar front body part with only minor alterations such that they are often patented together.
Regarding claim 4, Fang et al. as previously modified by Schwering et al. discloses the vehicle according to claim 3, wherein the front side member is an extrusion member formed of an extrusion material or a sheet metal member formed of a sheet metal (Fang et al. Translated Description Paragraph 55 mentions that “the rear longitudinal beam part 12 is formed by extrusion”, with part 12 modified by Schwering et al. to be the front side member).
Regarding claim 5, Fang et al. as previously modified by Schwering et al. discloses the vehicle according to claim 3, wherein, when a cross section of the front side member is taken along the vehicle width direction and a vehicle up and down direction, a sectional shape of the front side member has a closed cross-section structure with a closed cross section (Fang et al. Annotated Figure 2 Version 1).
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Regarding claim 6, Fang et al. as previously modified by Schwering et al. discloses the vehicle according to claim 5, wherein: the sectional shape of the front side member is a substantially rectangular shape (Fang et al. Annotated Figure 2 Version 1); the front side member includes an inner wall that makes up an inner side of the front side member in the vehicle width direction (Fang et al. Annotated Figure 2 Version 2), an outer wall that makes up an outer side of the front side member in the vehicle width direction and that is disposed to be opposed to the inner wall (Fang et al. Annotated Figure 2 Version 2), an upper wall connecting upper ends of the inner wall and the outer wall (Fang et al. Annotated Figure 2 Version 2), and a lower wall connecting lower ends of the inner wall and the outer wall and provided to be opposed to the upper wall (Fang et al. Annotated Figure 2 Version 2); and a corresponding one of the wheel arches is configured to include an upright wall extending in the vehicle front and rear direction and the vehicle up and down direction (Fang et al. Figure 1 and Figure 3 shows the lower part of the wheel arch/rear joint 11 attached to side member/rear longitudinal beam rear part 12. Since the lower part of the wheel arch 11 is only slightly larger than side member 12, for insertion to occur there must be a set of corresponding walls in the vehicle up and down direction and in the front and rear direction. Paragraph 50 of Fang et al. Translation Description provides insertion of side member 12 into the lower part of the wheel arch 11, such the claimed walls must exist), the inner wall being in contact with the upright wall (Forced by geometric constraints depicted by Figure 1 and Figure 3 along with the insertion of the side member 12 into the lower part of the wheel arch 11), the front side member being allowed to be coupled to the upright wall (Forced by geometric constraints depicted by Fang et al. Figure 1 and Fang et al. Figure 3 along with the insertion of the side member 12 into the lower part of the wheel arch 11).
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Regarding claim 7, Fang et al. as previously modified by Schwering et al. discloses the vehicle according to claim 6, wherein each of the wheel arches is configured to further include a first lateral wall projecting from the upright wall toward an outer side in the vehicle width direction and allowed to be opposed to the upper wall (Forced by geometric constraints depicted by Fang et al. Figure 1 and Fang et al. Figure 3 along with the insertion of the side member 12 into the lower part of the wheel arch 11), and a second lateral wall projecting from the upright wall toward the outer side in the vehicle width direction (Forced by geometric constraints depicted by Fang et al. Figure 1 and Fang et al. Figure 3 along with the insertion of the side member 12 into the lower part of the wheel arch 11), the second lateral wall being disposed so as to be opposed to the first lateral wall, the second lateral wall being allowed to be opposed to the lower wall (Forced by geometric constraints depicted by Fang et al. Figure 1 and Fang et al. Figure 3 along with the insertion of the side member 12 into the lower part of the wheel arch 11).
Regarding claim 8, Fang et al. as previously modified by Schwering et al. fails to disclose the vehicle according to claim 3, wherein the single-piece casting member is configured to further include a front wall provided at a front end in the vehicle front and rear direction, and a cutout part cut out in the front wall toward an inner side in the vehicle width direction, the front side member being inserted through the cutout part to protrude a front end of the front side member in the vehicle front and rear direction toward a vehicle front side beyond the front wall.
Schwering et al. further teaches the vehicle according to claim 3, wherein the single-piece casting member is configured to further include a front wall provided at a front end in the vehicle front and rear direction (Schwering et al. Annotated Figure 3), and a cutout part cut out in the front wall toward an inner side in the vehicle width direction (Schwering et al. Annotated Figure 3), the front side member being inserted through the cutout part to protrude a front end of the front side member in the vehicle front and rear direction toward a vehicle front side beyond the front wall (Schwering et al. Translated Description Paragraph 35, the longitudinal beam section/front side member 21 is fastened to the third body section/lower portion of the wheel arch 30 via a form fitting or force fitting manner. Insertion falls into a form fitting or force fitting manner.).
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Regarding claim 9, Fang et al. as previously modified by Schwering et al. discloses the vehicle according to claim 3, wherein the front side member is coupled to the single-piece casting member by a fastening member (Fang et al. Translated Description Paragraph 61 mentions a rear sub-frame mounting point. Combined with the mention of a connection between rear joint/lower portion of the vehicle wheel arch 11 and rear longitudinal beam rear part/side member 12 by hot melt self-tapping, it can be concluded that a heat welded self-tapping screw was used to connect structures 11 and 12 together. Therefore, a fastening member to join the front side member 12 to the single piece casting member 11 is taught).
Regarding claim 10, Fang et al. as previously modified by Schwering et al. discloses the vehicle according to claim 3, wherein the single-piece casting member is configured to further include a support wall provided on a rear side of the front side member in the vehicle front and rear direction (Fang et al. Annotated Figure 5) and configured to support a rear end of the front side member (Paragraph 50 of the Fang et al. Translated Description establishes that the rear longitudinal beam rear part/side member 12 is inserted into the rear joint/lower potion of the vehicle rear arch 11. Furthermore, Fang et al. Annotated Figure 5 shows a straight region consistent with constrained geometry such that the shape of the lower portion of the vehicle rear arch 11 needs to accommodate the front side member 12 to the right of the support wall and a region with unconstrained geometry to the left of the support wall. Therefore, the hollow region of 11 extends to the support wall and no further, meaning that the front side member 12 must reach the support wall to be supported by it in the vehicle front and rear direction), and a reinforcement part provided on a rear side of the support wall in the vehicle front and rear direction (Fang et al. Annotated Figure 5), the reinforcement part being configured to include the support wall (Fang et al. Annotated Figure 5, the light grey shaded area of the reinforcement part extends up to a flat planar surface, which is part of the support wall. This overlap causes the reinforcement part to include the support wall), the reinforcement part having a higher stiffness than other portions (Stiffness in a direction is a function of the cross-sectional area available to resist motion. In the vehicle front to rear direction, there are regions to the left of the reinforcement part with a lower cross-sectional area than the reinforcement part. These portions of the vehicle have a lower stiffness, relative to the reinforcement part).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL R SACKINGER whose telephone number is (571)270-0840. The examiner can normally be reached Monday - Friday, 10 a.m. 6 p.m. ET..
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/G.R.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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