DETAILED ACTION
This action is a first action on the merits. The claims filed on January 8, 2025 have been entered. Claims 1-6 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims foreign priority to Japanese Patent Application No. JP 2024-070711 filed on April 24, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on January 8, 2025 has been considered by the Examiner.
Claim Objections
Claim 4 is objected to because of the following informalities: The recitation of “that extends in the vehicle width direction as the vehicle body” in lines 2-3 should likely be -- that extends in the vehicle width direction of the vehicle body--. Appropriate correction is required.
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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan et al., Chinese Patent No. CN 115635839 A (hereinafter Yuan) (all citations are to the English translation dated 2026).
Claim 1: Yuan discloses a vehicle front part structure (as seen in Fig 1) comprising:
a pair of front side members (left and right frame longitudinal beams 21, 21) that extend along a vehicle front-rear direction (longitudinal direction) on both sides of a vehicle front part in a vehicle width direction (left to right direction) (as shown in Fig 1, 3);
a heat exchanger (cooling bag 1, radiator 11) that is disposed between the pair of front side members (21, 21), the heat exchanger (11) being disposed in an inclined posture (as shown in Fig 1, 3) in which an end portion on a vehicle lower side projects closer to a vehicle front side than an end portion on a vehicle upper side (as shown in Fig 1, 3);
support portions (fixing seat 4, shown in Fig 2) each provided at an intermediate portion of the pair of front side members (21, 21) in the vehicle front-rear direction and on a vehicle rear side of the heat exchanger (fixing seat 4 is on an intermediate portion of left and right frame longitudinal beams 21, 21 and on the back side of radiator 11, as seen in Fig 1-3), the support portions (4) supporting the heat exchanger (1, 11) such that the heat exchanger (1, 11) is rotatable about the vehicle width direction (left to right) as an axial direction (axial direction of first section 421) (as seen in Fig 1-3, pg 7); and
a fixing portion (limiting structure 6) that fixes a portion of the heat exchanger (1, 11) on the vehicle lower side to a vehicle body (forward limiting structure 6 is fixedly connected with the cooling bag 1, and the other end connecting with the vehicle frame beam 22, see Fig 3, pg 8).
Claim 2: Yuan discloses the fixing portion (6) includes a protruding portion (supporting rod 61) that projects from a side of the vehicle body (supporting rod 61 projects from frame beam 22 on front side of vehicle body, see Fig 1) and a fitting recessed portion that is provided on a side of the heat exchanger (the supporting rod 61 is matched with the shape of the cooling bag 1, to limit the cooling bag 1 in the positive direction, see Fig 1, pg 8) the protruding portion being fitted into the fitting recessed portion (as shown in Fig 1, pg 8).
Claim 3: Yuan discloses wherein the fixing portion (6) further includes an elastic portion (transverse rod 62 is a buffer for dampening, pg 8) that is interposed between the protruding portion (61) and the fitting recessed portion (where supporting rod is matched with shape of cooling bag 1, see Fig 1, pg 8).
Claim 5: Yuan discloses wherein the support portions (4) are configured to support an end portion of the heat exchanger (1, 11) on the vehicle upper side (fixing seats 4 support the cooling bag 1, radiator 11 on the upper side of the cooling bag 1 as shown in Fig 1).
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 (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 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(s) 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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Hashida et al., US 2020/0086926 (hereinafter Hashida).
Claim 4: Yuan discloses wherein a portion of the heat exchanger (1, 11) on the vehicle lower side is fixed to a frame beam (22) that extends in the vehicle width direction as the vehicle body (frame beam 22 extends from the left to the right of the vehicle body).
Yuan is silent as to a portion of the heat exchanger on the vehicle lower side is fixed to a lower absorber that extends in the vehicle width direction as the vehicle body, and at least a part of a side surface of the lower absorber on the vehicle front side is disposed closer to the vehicle front side than the pair of front side members.
Hasida discloses a portion of the heat exchanger (radiator 50) on the vehicle lower side is fixed (via cross member 20) to a lower absorber (bumper reinforcement 12) that extends in the vehicle width direction as the vehicle body (see Fig 1, par [0021]), and at least a part of a side surface of the lower absorber (12) on the vehicle front side is disposed closer to the vehicle front side than the pair of front side members (bumper reinforcement is located closer to the vehicle front than the front side members 16).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the vehicle front part of Yuan to include a lower absorber located closer to the vehicle front side than the pair of front side members as disclosed by Hasida, as one of ordinary skill in the art would understand that applying the known technique of lower absorber would have yielded the predictable results of distribution forces in a vehicle impact and thereby protecting components within the front portion of the vehicle.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Nakagawa et al., Japanese Patent No. JP 2020063011 A (hereinafter Nakagawa) (all citations are to the English translation dated 2026).
Claim 6: Yuan discloses the support portions (4) (see Fig 1, 3) are configured to support an intermediate portion of the heat exchanger (1, 11) in a vehicle up-down direction (fixing seats 4 support colling bag 1, radiator 11 at an intermediate location in an up/down direction, see Fig 1, 2), and
the heat exchanger (1, 11) is configured such that the heat exchanger (1, 11) rotates in response to release of fixation achieved by the fixing portion (61) (cooling bag 1, can rotate around the axial direction of the first section 421, so it is suitable for cooling bag 1 of different inclination angle).
Yuan is silent as to a hood that covers a power unit room at the vehicle front part from the vehicle upper side; and an accommodating portion with a box shape that is provided on the vehicle upper side of the heat exchanger and on the vehicle lower side of the hood and the heat exchanger is configured such that once the heat exchanger rotates in response to release of fixation achieved by the fixing portion, a portion of the heat exchanger on the vehicle upper side abuts the accommodating portion.
Nakagawa discloses a vehicle front structure (see Fig 1) comprising a hood (bonnet 54) that covers a power unit room (power unit room 50) at the vehicle front part from the vehicle upper side (as shown in Fig 1); and an accommodating portion (radiator support upper 26) with a box shape (see Fig 2) that is provided on the vehicle upper side (located under the bonnet 54, see Fig 2) of the heat exchanger (FC radiator 36) and on the vehicle lower side of the hood (located under the bonnet 54, see Fig 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the vehicle front part structure of Yuan to include a hood, power unit room, and accommodating portion as disclosed by Nakagawa as one of ordinary skill in the art would have understood that applying the known technique of a hood, power unit and accommodating portion would have yielded the predictable results of completing the vehicle front structure and protecting the heat exchanger within the power unit room as this is a well-known vehicle arrangement.
Yuan, as modified by Nakagawa, are silent as to the heat exchanger is configured such that once the heat exchanger rotates in response to release of fixation achieved by the fixing portion, a portion of the heat exchanger on the vehicle upper side abuts the accommodating portion
It would have been obvious to one of ordinary skill in the art for the heat exchanger to be configured such that once the heat exchanger rotates in response to release of fixation achieved by the fixing portion of Yuan for a portion of the heat exchanger on the vehicle upper side to abut the accommodating portion as disclosed by Nakagawa, as one of ordinary skill in the art would have recognized that applying the known technique of the heat exchanger abutting the accommodating portion would have yelled the predictable results of providing a manner in which to support the heat exchange and thereby improved the vehicle front part structure.
Conclusion
Claims 1-6 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676
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