DETAILED ACTION
This action is a first action on the merits. The claims filed on February 13, 2025 have been entered. Claims 1-10 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 Nos. JP2024-023425 filed on February 20, 2024 and Japanese Patent No. JP2024-221559 filed on December 18, 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on February 13, 2025 has been considered 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.
Claims 1-10 are 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 1: The recitation of “an axis of the protrusion” in line 12 is unclear as to which axis is being referred to. For example, the protrusion has a longitudinal axis, a radial axis, and multiple other axes. For the purposes of examination, the Examiner has assumed that “an axis of the protrusion” is referring to a longitudinal axis of the protrusion. Appropriate correction and/or clarification is required.
Claims 2-10 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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) 1-3 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonaka et al., Japanese Patent No. 2022140743 (hereinafter Nonaka) in view of Yamashita et al., Japanese Patent No. 2002331896 (hereinafter Yamashita).
Claim 1: Nonaka discloses an energy absorber (shock absorber 30) provided between a vehicle door panel (inner panel 4) and a door trim (door trim 3) covering the door panel (4) from a passenger compartment (shown as location of seat 60) and serving as an interior part of the passenger compartment (as shown in Figure 2), comprising:
a protrusion (shock absorber 30 is a cylindrical member protruding from the door trim 3, see Fig 2) which protrudes from the door trim (3) side toward the door panel (4) side and has a tip (at end wall 36) capable of receiving the door panel (4) and a base end (lower end of peripheral wall 33) spaced apart (via bulging portion 18) from a rear surface of the door trim (rear surface of 3) (see Fig 8); and
a fixing portion (flange 41) which is provided on an outer periphery of the base end (see Fig 7-9) of the protrusion (30) and is fixable to the door trim (flange 41 is fixed to the bulging portion of the door trim 3 by a fastener as shown in Fig 8),
wherein the base end (lower end of peripheral wall 33) of the protrusion and the fixing portion (41) are connected through an annular connecting portion (at 90 degree angle between 41 and 33 as shown in Fig 7-9).
Nonaka fails to disclose wherein the connecting portion has an inclined portion which approaches the door trim as it moves radially inward with respect to an axis of the protrusion.
Yamashita discloses an energy absorber (energy absorbing member 7) provided between a vehicle door panel (inner panel 4) and a door trim (door trim 6) covering the door panel (4) from a passenger compartment (location of occupant 9) and serving as an interior part of the passenger compartment (as shown in Figure 2), comprising:
a protrusion (impact absorbing member 7) which protrudes from the door trim (6) side toward the door panel (4) side and has a tip (apex 11a) capable of receiving the door panel (4) and a base end (lower end of second projecting portion 11 that connects to skirt portion 10b ) (Fig 2, 4-6, par [0044]); and
a fixing portion (skirt portion 10b) which is provided on an outer periphery of the base end of the protrusion (11) and is fixable to the door trim (6) (seen in Fig 2, 4-6),
wherein the base end (lower end of second projecting portion 11 that connects to skirt portion 10b) of the protrusion (11) and the fixing portion (10b) are connected through an annular connecting portion (including skirt portion 10b via skirt 11b easily broken part 12 and first projecting part 10), and
wherein the connecting portion (11b, 12, 10) has an inclined portion (easily broken part 12) which approaches the door trim (6) as it moves radially inward with respect to an axis of the protrusion (longitudinal axis of impact absorbing member 7 through apex 11a, as shown in Fig 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the energy absorber of Nonaka with the energy absorber as disclosed by Yamashita as both energy absorbers were known in the art and one of ordinary skill in the art could have easily substituted one known energy absorber for another known energy absorber and the results of the substitution would have been predictable and provided an energy absorber on the side of the vehicle e capable of coping with shock from various directions (Yamashita, see abstract).
Claim 2: Nonaka, as modified by Yamashita, discloses wherein the connecting portion (11b, 12, 10) has a second inclined portion (Yamashita, first projecting part 10) which is spaced apart from the door trim (3) as it moves radially inward with respect to the axis of the protrusion (longitudinal axis of impact absorbing member 7 through apex 11a, as shown in Fig 5), and
wherein the second inclined portion (10) connects the inclined portion (12) and the fixing portion (10b) (Yamashita, as shown in Fig 5).
Claim 3: Nonaka, as modified by Yamashita, discloses the rear surface of the door trim (Nonaka, 3) has a base portion (Nonaka, bulging portion 18) protruding toward the door panel side (as shown in Fig 8), wherein the fixing portion (Yamashita, skirt portion 10b) is fixable to the base portion (Nonaka, 18), and
wherein the base end (Nonaka, lower end of wall 33, Yamashita, lower end of second projecting portion 11 that connects to skirt portion 10b) of the protrusion (7) with respect to an extension direction of the axis of the protrusion (longitudinal axis of impact absorbing member 7 through apex 11a, as shown in Fig 5) is located at the same position as a tip of the base portion (projecting end surface 69a) (Nonaka, as seen in Fig 8 the lower end of wall 33 is located at the projecting end surface 69a).
Claim 5: Nonaka, as modified by Yamashita, discloses a plurality of holes extending along the axis are provided in the protrusion (Nonaka, holes through which fasteners as shown in Fig 8 extend).
Claim 6: Nonaka, as modified by Yamashita, discloses wherein the hole (Nonaka, holes through which fasteners as shown in Fig 8 extend) extends to the base end of the protrusion (Nonaka, holes through which fasteners as shown in Fig 8 extend to the lower end of wall 33, Yamashitam, lower end of second projecting portion 11 that connects to skirt portion 10b).
Allowable Subject Matter
Claims 4, 7-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 claims contain allowable subject matter over the closest prior art as discussed above.
Regarding claim 4, Nonaka, as modified by Yamashita, discloses the rear surface of the door trim (Nonaka, 3) has a base portion (Nonaka, bulging portion 18) protruding toward the door panel side (as shown in Fig 8).
Nonaka and Yamashita fails to disclose wherein the base end of the protrusion with respect to the extension direction of the axis of the protrusion is closer to the door trim than a tip of the base portion.
Regarding claim 9, Nonaka, as modified by Yamashita, fail to disclose wherein a second connecting portion is interposed between the base end of the protrusion and the connecting portion, and wherein the second connecting portion has an annular shape and extends in parallel to the rear surface of the door trim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Pepin, French Patent No.FR 3000436 A1 drawn to a shock absorber for use in a door ire relevant to the claims but was not relied upon in the current rejection.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676
Prosecution Insights