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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 01/15/2025.
Claims 1-9 are currently pending and have been examined.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1 recites a base side.
Claim 3 recites a screw thread.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 6 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 6 recites a rod like shape. It is unclear to what feature is a rod like shape as the limitation does not clearly establish the metes and bounds of the structure and is not defined in the specification. The drawings identify the rod like shape as the punch and is shown, as best understood, as a hollow cylinder. Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 7-9 are rejected for being dependent of a rejected indefinite claim.
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.
Claims 1-6, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al. (US10,293,858) in view of Fujimoto et al. (US9,764,371).
Claim 1. Nakagawa discloses: An underbody part (protective plate 91, Fig. 5) that is included in a vehicle underbody (front undercover 90, Fig. 5), the underbody part comprising:
a mounting surface (abutting wall 94, Fig. 5); and
a bolt arranged so as to protrude from the mounting surface (bolt 150 protrudes from 94, Fig. 5), wherein
an end face of the bolt on a base side is joined to the mounting surface (implicit surface of head of 150 is coupled to 94, Fig. 5).
Nakagawa does not disclose: caulking.
Fujimoto discloses a method for caulking a caulking member such as a caulking nut or a caulking bolt to a metal plate.
Fujimoto teaches: caulking (Fig. 8)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted caulking as taught by Fujimoto for the mechanical coupling using a bolt of Nakagawa with a reasonable expectation of success in order couple the plate to the vehicle as taught by Fujimoto (Fig. 8) because both perform the same function in similar contexts for mechanically coupling components to each other. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 2. Nakagwa in view of Fujimoto teach: The underbody part according to claim 1, wherein the mounting surface is arranged to face an inner side of the vehicle, and wherein the caulking bolt protrudes toward the inner side of the vehicle (Nakagawa: 150 and 94 face the inner side of the vehicle, Fig. 5).
Claim 3. Nakagwa in view of Fujimoto teach: The underbody part according to claim 1, wherein the caulking bolt comprises:
a head having the end face (Fujimoto: head 5b, surface of the head in the recess 5c; Fig. 8) and
a bearing surface that faces the end face in a direction of an axis (Fujimoto: surface of head coupling 62 and 5b, Fig. 8); and
a shaft that is a c9ylindrical portion extending from the bearing surface of the head in the direction of the axis (Fujimoto: shaft 5a, Fig. 8) and has an outer-circumferential surface on which a screw thread is formed (Fujimoto: threaded portion as depicted on 5a, Fig. 5).
Claim 4. Nakagwa in view of Fujimoto teach: The underbody part according to claim 1, wherein the end face of the caulking bolt is caved in the mounting surface (Fujimoto: recess 5c, Fig. 8).
Claim 5. Nakagwa in view of Fujimoto teach: The underbody part according to claim 1 wherein the caulking bolt protrudes upward (Fujimoto: Fig. 8; Nakagwa: Fig. 5).
Claim 6. Nakagawa discloses: A method for manufacturing an underbody part that is included in a vehicle underbody (protective plate 91 of undercover 90, Fig. 5).
Nakagawa does not disclose: arranging a caulking bolt extending along an axis and a punch so as to face a mounting surface of the underbody part; arranging a die so as to face the punch with the underbody part interposed therebetween; and caulking an end face of the caulking bolt and the mounting surface together by displacing the punch to thereby press the end face toward the mounting surface, the end face being located at an end of the caulking bolt in a direction of the axis and provided with a caulking portion, wherein the caulking bolt includes a shaft extending along the axis, wherein the punch has a rod-like shape elongated along an extending direction and has a cavity extending along the extending direction from a leading end face located at an end of the punch in the extending direction, and wherein, when the caulking is performed, the punch is displaced while the shaft is housed in the cavity of the punch.
Fujimoto further teaches: arranging a caulking bolt (caulking bolt 5, Fig. 8) extending along an axis (Fig. 8) and
a punch (punch 62, Fig. 8) so as to face a mounting surface of the part (surface of metal 2, Fig. 8);
arranging a die (die 61, Fig. 8) so as to face the punch with the underbody part interposed therebetween (Fig. 8); and
caulking an end face of the caulking bolt (surface of head 5b coupled to 2, Fig. 8) and the mounting surface together by displacing the punch to thereby press the end face toward the mounting surface (Fig. 8), the end face being located at an end of the caulking bolt in a direction of the axis (Fig. 8) and provided with a caulking portion (protrusions on head 5b, Fig. 8), wherein
the caulking bolt includes a shaft extending along the axis (shaft 5a, Fig. 8), wherein
the punch has a rod-like shape elongated along an extending direction (structure of 62, Fig. 8) and has a cavity (recess 62a, Fig. 8) extending along the extending direction from a leading end face located at an end of the punch in the extending direction (surface of 62 coupling 62 and 5b, Fig. 8) , and wherein, when the caulking is performed, the punch is displaced while the shaft is housed in the cavity of the punch (Fig. 8).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted caulking as taught by Fujimoto for the mechanical coupling of Nakagawa with a reasonable expectation of success in order couple the plate to the vehicle as taught by Fujimoto (Fig. 8) because both perform the same function in similar contexts for mechanically coupling components to each other. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 8. Nakagwa in view of Fujimoto teach: The method for manufacturing an underbody part according to claim 6 wherein, when the caulking is performed, the end face of the caulking bolt is caved in the mounting surface (see previously rejected claim 4).
Claim 9. Nakagwa in view of Fujimoto teach: The method for manufacturing an underbody part according to claim 6 wherein the caulking bolt comprises:
a head having the end face and
a bearing surface that faces the end face in the direction of the axis; and
a shaft that is a cylindrical portion extending from the bearing surface of the head in the direction of the axis, and
wherein the caulking is performed, the head of the caulking bolt is sandwiched between the leading end face of the punch, on which the cavity is provided, and the die (see previously rejected claim 3; Fujimoto: Fig. 8).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al. (US10,293,858) in view of Fujimoto et al. (US9,764,371) further in view of Kawauchi et al. (US2005/0210654).
Claim 7. Nakagwa in view of Fujimoto teach: The method for manufacturing an underbody part according to claim 6.
Nakagwa in view of Fujimoto does not teach: the caulking bolt and the punch are arranged so as to face the mounting surface, the caulking bolt and the punch are in an accommodated state inside a tubular-shaped pad, and wherein, when the caulking is performed, the punch while being displaced is guided by the pad.
Kawauchi discloses a method and apparatus for joining plates by caulking.
Kawauchi teaches: the caulking bolt (caulking portion 12, Fig. 3A-B) and the punch (punch 43, Fig. 3A-B) are arranged so as to face the mounting surface (Fig. 3A-B), the caulking bolt and the punch are in an accommodated state inside a tubular-shaped pad (upper retainer 44, Fig.3A-B), and wherein, when the caulking is performed, the punch while being displaced is guided by the pad (Fig. 3A-B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the caulking process as taught by Nakagwa in view of Fujimoto to include a retainer as taught by Kawauchi with a reasonable expectation of success in order to guide the punch as taught by Kawauchi (Fig. 3A-3B; [0025]).
Conclusion
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
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