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 .
Information Disclosure Statement
The NPL document, the European Search Report on Foreign Priority Document EP24166525, that was submitted on 2/13/2025 was not included in the IDS submission. However, it has been considered and added to the PTO-892 Notice of References Cited by the examiner.
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 16 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. The claim recites the limitation “the distal end portion is screwed, riveted, welded and/or bonded to the console”. This limitation is confusing as to whether it is intended for the distal end portion to be attached to the console in more than one way. The claim language is unclear and indefinite in scope. It seems more reasonable that only one of these attachment methods is being used, as is stated in claims 6 and 11, and thus for purposes of examination this is how the limitation will be interpreted.
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.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwolek (US Patent Application 20110187144 A1).
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Figure 2 from Kwolek
Regarding claim 1, Kwolek discloses
A motor vehicle (vehicle 10, Fig. 1) comprising:
a vehicle body (body structure 12, Fig. 1) having side parts (side walls 22, Fig. 2) opposite one another at a distance (Paragraph [0022]; as can be seen in Fig. 2);
a vehicle floor (floor 24, Fig. 2);
an instrument panel cross beam (structural assembly 50, Fig. 2) arranged between the side parts (side walls 22, Fig. 2) and attached to the side parts (Paragraph [0029]; as can be seen in annotated Fig. 2 above);
a console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 below) arranged on the vehicle floor (floor 24, Fig. 2) and attached to the vehicle floor (Paragraph [0029] discloses that the stay members 56 and 58 can be fixedly connected to the floor 24, and Paragraph [0036] discloses that the reinforcement member 60 is fastened to the stay members 56 and 58; therefore, the reinforcement member 60 is attached to the floor 24);
and at least one support strut (stay brackets 52 and 54, Fig. 3) extending from the instrument panel cross beam (structural assembly 50, Fig. 2) in a direction of the vehicle floor (as can be seen in annotated Fig 2 above),
wherein the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 below) is located in a load path between the at least one support strut (stay brackets 52 and 54) and the vehicle floor (since Fig. 3, refer to annotated Fig. 3 below, and Paragraph [0035] disclose that the stay members 56 and 58 can be fastened to the stay brackets 52 and 54, when the stay members are attaching the floor 24 to the reinforcement member 60, it results in the reinforcement member 60 being in the load path between the stay brackets 52 and 54 and the floor 24).
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Figure 3 from Kwolek
Regarding claim 2, Kwolek discloses all the limitations of the claim and further discloses
wherein the console is a center console (annotated Fig. 2 shows the full console assembly that was circled in green in annotated Fig. 3 above; the full console assembly is shown to be in the center of the 2 seats 32, and Paragraph [0025] discloses this further that the cantilevered section 18 extends partially into the egress 34 between the seats 32; this teaches that the console assembly is a center console).
Regarding claim 3, Kwolek discloses all the limitations of the claim and further discloses
wherein the at least one support strut (stay brackets 52 and 54, Fig. 3) is configured as a stiffening strut (Paragraph [0030] discloses that the structural assembly 50 and the stay brackets 52 and 54 may be made of steel or a rigid metal and is meant to be rigid when installed in the vehicle 10).
Regarding claim 4, Kwolek discloses all the limitations of the claim and further discloses
wherein the at least one support strut (stay brackets 52 and 54, Fig. 3) is attached to the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) via a distal end portion (Paragraph [0034]; Fig. 3; center bracket 80 is the distal end portion of the stay brackets 52 and 54).
Regarding claim 5, Kwolek discloses all the limitations of the claim and further discloses
wherein the distal end portion (center bracket 80, Fig. 3) of the at least one support strut (stay brackets 52 and 54, Fig. 3) is arranged parallel to a part of the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above), which is supported on the vehicle floor, and is attached to the vehicle floor, or wherein the distal end portion of the at least one support strut is arranged parallel to a side part of the console, which is supported on the vehicle floor, and is attached to the vehicle floor (Paragraph [0034]; as can be seen in Fig. 4 that the part of the center bracket 80 that extends directly rearward from the stay brackets 52 and 54 is parallel with the rest of the stay bracket, which is parallel to the side of the console that attaches to the floor 24 through the stay members 56 and 58).
Regarding claim 6, Kwolek discloses all the limitations of the claim and further discloses
wherein the distal end portion (center bracket 80, Fig. 3) is attached to the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) by at least one of a screw connection, a riveted connection, a welded connection and an adhesive connection (fastener
F
2
, Fig. 3; Paragraph [0034]).
Regarding claim 7, Kwolek discloses all the limitations of the claim and further discloses
wherein the load path between the at least one support strut (stay brackets 52 and 54, Fig. 3) and the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) is established via at least two attachment points of the at least one support strut on the console (Paragraph [0042]; multiple fasteners
F
2
and
F
4
connect stay brackets 52 and 54, stay members 56 and 58, with the reinforcement member 60).
Regarding claim 8, Kwolek discloses
A motor vehicle (vehicle 10, Fig. 1) comprising:
a vehicle body (body structure 12, Fig. 1) having side parts (side walls 22, Fig. 2) opposite one another at a distance (Paragraph [0022]; as can be seen in Fig. 2);
a vehicle floor (floor 24, Fig. 2);
an instrument panel cross beam (structural assembly 50, Fig. 2) arranged between the side parts (side walls 22, Fig. 2) and attached to the side parts (Paragraph [0029]; as can be seen in annotated Fig. 2 above);
a console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) arranged on the vehicle floor (floor 24, Fig. 2) and attached to the vehicle floor (Paragraph [0029] discloses that the stay members 56 and 58 can be fixedly connected to the floor 24, and Paragraph [0036] discloses that the reinforcement member 60 is fastened to the stay members 56 and 58; therefore, the reinforcement member 60 is attached to the floor 24),
wherein the console is a center console (annotated Fig. 2 shows the full console assembly that was circled in green in annotated Fig. 3 above; the full console assembly is shown to be in the center of the 2 seats 32, and Paragraph [0025] discloses this further that the cantilevered section 18 extends partially into the egress 34 between the seats 32; this teaches that the console assembly is a center console);
and a support strut (stay brackets 52 and 54, Fig. 3) extending from the instrument panel cross beam (structural assembly 50, Fig. 2) in a direction of the vehicle floor (as can be seen in annotated Fig 2 above),
wherein the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 below) is located in a load path between the support strut (stay brackets 52 and 54) and the vehicle floor (since Fig. 3, refer to annotated Fig. 3 above, and Paragraph [0035] disclose that the stay members 56 and 58 can be fastened to the stay brackets 52 and 54, when the stay members are attaching the floor 24 to the reinforcement member 60, it results in the reinforcement member 60 being in the load path between the stay brackets 52 and 54 and the floor 24),
wherein the support strut (stay brackets 52 and 54, Fig. 3) is configured as a stiffening strut (Paragraph [0030] discloses that the structural assembly 50 and the stay brackets 52 and 54 may be made of steel or a rigid metal and is meant to be rigid when installed in the vehicle 10).
Regarding claim 9, Kwolek discloses all the limitations of the claim and further discloses
wherein the support strut (stay brackets 52 and 54, Fig. 3) is attached to the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) via a distal end portion (Paragraph [0034]; Fig. 3; center bracket 80 is the distal end portion of the stay brackets 52 and 54).
Regarding claim 10, Kwolek discloses all the limitations of the claim and further discloses
wherein the distal end portion (center bracket 80, Fig. 3) of the support strut (stay brackets 52 and 54, Fig. 3) is arranged parallel to a part of the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above), which is supported on the vehicle floor, and is attached to the vehicle floor, or wherein the distal end portion of the support strut is arranged parallel to a side part of the console, which is supported on the vehicle floor, and is attached to the vehicle floor (Paragraph [0034]; as can be seen in Fig. 4 that the part of the center bracket 80 that extends directly rearward from the stay brackets 52 and 54 is parallel with the rest of the stay bracket, which is parallel to the side of the console that attaches to the floor 24 through the stay members 56 and 58).
Regarding claim 11, Kwolek discloses all the limitations of the claim and further discloses
wherein the distal end portion (center bracket 80, Fig. 3) is attached to the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) by at least one of a screw connection, a riveted connection, a welded connection and an adhesive connection (fastener
F
2
, Fig. 3; Paragraph [0034]).
Regarding claim 12, Kwolek discloses all the limitations of the claim and further discloses
wherein the load path between the support strut (stay brackets 52 and 54, Fig. 3) and the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) is established via at least two attachment points of the support strut on the console (Paragraph [0042]; multiple fasteners
F
2
and
F
4
connect stay brackets 52 and 54, stay members 56 and 58, with the reinforcement member 60).
Regarding claim 13, Kwolek discloses
A method for assembling an instrument panel cross beam (structural assembly 50, Fig. 2) on a vehicle body (body structure 12, Fig. 1) of a motor vehicle (vehicle 10, Fig. 1), comprising at least the steps of:
arranging the instrument panel cross beam (structural assembly 50, Fig. 2) between side parts (side walls 22, Fig. 2) of the vehicle body (body structure 12, Fig. 1) which are opposite one another at a distance and attaching the instrument panel cross beam to the side parts (Paragraph [0029]; as can be seen in annotated Fig. 2 above);
and arranging a console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) on a vehicle floor (floor 24, Fig. 2) of the vehicle body (body structure 12, Fig. 1) and attaching the console to the vehicle floor (Paragraph [0029] discloses that the stay members 56 and 58 can be fixedly connected to the floor 24, and Paragraph [0036] discloses that the reinforcement member 60 is fastened to the stay members 56 and 58; therefore, the reinforcement member 60 is attached to the floor 24),
wherein a load path is established between at least one support strut (stay brackets 52 and 54, Fig. 3) extending from the instrument panel cross beam in a direction of the vehicle floor (as can be seen in annotated Fig 2 above) and the console (since Fig. 3, refer to annotated Fig. 3 above, and Paragraph [0035] disclose that the stay members 56 and 58 can be fastened to the stay brackets 52 and 54, when the stay members are attaching the floor 24 to the reinforcement member 60, it results in the reinforcement member 60 being in the load path between the stay brackets 52 and 54 and the floor 24).
Given that Kwolek discloses the structure of the claimed invention (claimed in independent claims 1 and 8, and its dependent claims), one of ordinary skill in the art would recognize that a process with the above recited steps would have to be used to produce the vehicle with the instrument panel cross beam, and if these steps were not followed or not practice in the making of the claimed product, the resulting claimed product would not result.
Regarding claim 14, Kwolek discloses all the limitations of the claim and further discloses the method
wherein the at least one support strut (stay brackets 52 and 54, Fig. 3) is attached to the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) via a distal end portion (Paragraph [0034]; Fig. 3; center bracket 80 is the distal end portion of the stay brackets 52 and 54).
Regarding claim 15, Kwolek discloses all the limitations of the claim and further discloses the method
wherein the distal end portion (center bracket 80, Fig. 3) of the at least one support strut (stay brackets 52 and 54, Fig. 3) is arranged parallel to a part of the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above), which is supported on the vehicle floor, and is attached to the vehicle floor, or wherein the distal end portion of the at least one support strut is arranged parallel to a side part of the console, which is supported on the vehicle floor, and is attached to the vehicle floor (Paragraph [0034]; as can be seen in Fig. 4 that the part of the center bracket 80 that extends directly rearward from the stay brackets 52 and 54 is parallel with the rest of the stay bracket, which is parallel to the side of the console that attaches to the floor 24 through the stay members 56 and 58).
Regarding claim 16, Kwolek discloses all the limitations of the claim and further discloses the method
wherein the distal end portion (center bracket 80, Fig. 3) is screwed, riveted, welded and/or bonded (fastener
F
2
, Fig. 3; Paragraph [0034]) to the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above).
Regarding claim 17, Kwolek discloses all the limitations of the claim and further discloses the method
wherein the load path between the at least one support strut (stay brackets 52 and 54, Fig. 3) and the console (reinforcement member 60 and other parts as circled in green in annotated Fig. 3 above) is established via at least two attachment points of the at least one support strut on the console (Paragraph [0042]; multiple fasteners
F
2
and
F
4
connect stay brackets 52 and 54, stay members 56 and 58, with the reinforcement member 60).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited but not relied upon disclose similar instrument panel cross members with support struts and a console.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel G Chen whose telephone number is (571)272-9669. The examiner can normally be reached Mon-Fri 8:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.G.C./Examiner, Art Unit 3612
/JASON S MORROW/Primary Examiner, Art Unit 3612
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