DETAILED ACTION
This action is a first action on the merits. The claims filed on February 19, 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 Application No. JP2024-078783 filed on May 14, 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 19, 2025 and December 31, 2025 have 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 2-5 and 7-10 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.
Claims 2, 5, 7: The term “substantially” in claims 2 and 5 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, one of ordinary skill in the art would not know how much the thickness and length of closed-cross section can differ from each other and still be considered “substantially” the same.
Claims 3-4 and 8-10 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are 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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tate, PCT No. W) 00/30916 (hereinafter Tate).
Claim 1: Tate discloses a frame member (Fig 1, 8) for a vehicle which extends in a longitudinal direction (see Fig 1), comprising:
a frame body portion (body of crash rail 40) having a closed-cross section perpendicular to an extension direction thereof in a specified longitudinal range (as shown in Fig 1, 8), which is formed by an upper wall portion (flat upper parts 40A, 40B), a lower wall portion (flat lower parts 40A, 40B) , and a pair of side wall portions (40A, 40B);
a pair of groove portions (at 44) formed at the pair of side wall portions (40A, 40B), the groove portions (44) being recessed toward an inside of the closed-cross section (as shown in Fig 8);
a flange (flanges 43, 45) protruding outward from the closed-cross section (see Fig 8), wherein each of said pair of side wall portions (40A, 40B) comprises plural side wall portions which include a groove-upper wall portion (rail portion 46) extending in a vehicle width direction at an upper side thereof (see Fig 8), a groove-lower wall portion (rail portion 47) extending in the vehicle width direction at a lower side thereof and facing said groove-upper wall portion (46) (as shown in Fig 8), and a groove-bottom wall portion (at flanges 44) interconnecting said groove-upper wall portion (46) and said groove-lower wall portion (47) in a vertical direction (as shown in Fig 8), and said plural side wall portions (40A, 40B) are configured to have substantially the same bending rigidity (parts 40A, 40B are made from the same material and therefore have substantially the same bending rigidity, see Fig 8).
Claim 2: Tate discloses wherein said plural side wall portions (40A, 40B) are configured to have substantially the same plate thickness and substantially the same side length of said closed-cross section (plate thickness and side length of closed cross section are substantially the same in parts 40A, 4B as shown in Fig 8).
Claims 3 and 8: Tate discloses wherein said frame member (40) for the vehicle is a pair of front side frames (crush rails 40) positioned on both-side portions, in the vehicle width direction, of an engine room (as shown in Fig 1, pg 3, ln 12-21).
Claims 4 and 9: Tate discloses wherein said flange comprises an upper flange (flange 43) protruding from said upper wall portion (46) and a lower flange (flange 45) protruding from said lower wall portion (47), the upper flange (43) being positioned on either one side of an outward side and an inward side of center of gravity of said closed-cross section (as shown in Fig 8), the lower flange (45) being positioned on the other side of the outward side and the inward side of the center of gravity of said closed- cross section (as shown in Fig 8).
Claim 5: Tate discloses wherein a one-side upper wall portion of said upper wall portion (46) which is positioned on said one side of said upper flange (43) and another-side lower wall portion of said lower wall portion (47) which is positioned on said other side of said lower flange (45) are configured to have substantially the same plate thickness and substantially the same side length of said closed-cross section as those of said side wall portion (plate thickness and side length of closed cross section are substantially the same in parts 40A, 4B as shown in Fig 8).
Claims 6 and 10: Tate discloses said groove portion (at 44) is configured such that a vehicle rearward-located portion thereof is deeper than a vehicle forward-located portion thereof (rail portions 46, 47 has a cross-section and a wall thickness which increases towards the root portion 42 thereof, see Fig 8, pg 8, 3-10, as such the groove of flange 44 becomes deeper in a vehicle rearward direction).
Claim 7: Tate discloses said side wall portion comprises an upper side wall portion (46) located above said groove portion (at flange 44) and a lower side wall portion (47) located below said groove portion (at flange 44), and said groove-upper wall portion, said groove-lower wall portion, said groove-bottom wall portion, said upper side wall portion, said lower side wall portion, said one-side upper wall portion, and said other-side tower wall portion are configured to have substantially the same plate thickness and substantially the same side length of said closed-cross section (plate thickness and length of closed cross section are substantially the same for all parts as shown in Fig 3).
Claim(s) 1-5 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honda et al., Japanese Patent No. JP 2015199405 (hereinafter Honda) (all citations are to the English translation dated 2026).
Claim 1: Honda discloses a frame member for a vehicle (front side frame 2) which extends in a longitudinal direction (front side frame extends, see Fig 1-2, pg 2-3), comprising:
a frame body portion (body of 2 as shown in Fig 1, 3) having a closed-cross section perpendicular to an extension direction thereof in a specified longitudinal range (substantially rectangular closed section which is long in the vertical direction, Fig 3, pg 3), which is formed by an upper wall portion (flat portion at upper end of outer panel 22), a lower wall portion (flat portion at lower end of outer inner 21), and a pair of side wall portions (left side wall 22, right side wall 21, see Fig 3);
a pair of groove portions (first concave groove 21c, second concave groove 22c) formed at the pair of side wall portions (see Fig 3, pg 3), the groove portions being recessed toward an inside of the closed-cross section (as shown in Fig 3);
a flange (at upper end flange portion 22a, 21a and lower end flange portion 22b, 22c) protruding outward from the closed-cross section (as shown in Fig 3, pg 3),
wherein each of said pair of side wall portions (22, 21) comprises plural side wall portions which include a groove-upper wall portion extending in a vehicle width direction at an upper side thereof (upper portion of 21, 22 which extend horizontally outward as shown in Fig 3), a groove-lower wall portion extending in the vehicle width direction at a lower side thereof and facing said groove-upper wall portion (lower portion of 21, 22 which extend horizontally outward as shown in Fig 3), and a groove-bottom wall portion (first concave groove 21c and second concave grooves 22c), interconnecting said groove-upper wall portion and said groove-lower wall portion in a vertical direction (as shown in Fig 3), and said plural side wall portions are configured to have substantially the same bending rigidity (left side wall 22 and right side wall 21 are made from the same material and therefore have substantially the same bending rigidity, see Fig 3).
Claim 2: Honda discloses wherein said plural side wall portions (as shown in Fig 3) are configured to have substantially the same plate thickness and substantially the same side length of said closed-cross section (as shown in Fig 3).
Claims 3 and 8: Honda discloses wherein said frame member (2) for the vehicle is a pair of front side frames positioned on both-side portions, in the vehicle width direction, of an engine room (front side frame 2 located on both sides of the engine room E, see Fig 1-2, pg 2-3).
Claims 4 and 9: Honda discloses wherein said flange comprises an upper flange (upper ends flanges 21a, 22a) protruding from said upper wall portion (as shown in Fig 3) and a lower flange (lower end flange portion 21b, 22b) protruding from said lower wall portion (as shown in Fig 3), the upper flange being positioned on either one side of an outward side and an inward side of center of gravity of said closed-cross section (flanges 21a, 22a are positioned on both the outward and inward sides as shown in Fig 3), the lower flange being positioned on the other side of the outward side and the inward side of the center of gravity of said closed- cross-section (flanges 21b, 22b are positioned on both the outward and inward sides as shown in Fig 3, flange 21b is on the other side of the center of gravity from 22a and flange 22b is on the other side of the center of gravity from 21a as seen in Fig 3).
Claim 5: Honda discloses wherein a one-side upper wall portion (upper wall portion adjacent upper end flange portion 22a or 21a) of said upper wall portion which is positioned on said one side of said upper flange (22a, 21a) (as shown in Fig 3) and an other-side lower wall portion (lower wall portion adjacent lower end flange portion 22a or 21a, such that it is opposite the upper wall portion) of said lower wall portion which is positioned on said other side of said lower flange (opposite side from upper wall portion as shown in Fig 3) are configured to have substantially the same plate thickness and substantially the same side length of said closed-cross section as those of said side wall portion (plate thickness and length of closed cross section as shown in Fig 3).
Claim 7: Honda discloses said side wall portion comprises an upper side wall portion located above said groove portion (21c, 22c) and a lower side wall portion located below said groove portion (21c, 22c) (see Fig 3), and said groove-upper wall portion, said groove- lower wall portion, said groove-bottom wall portion, said upper side wall portion, said lower side wall portion, said one-side upper wall portion, and said other-side lower wall portion are configured to have substantially the same plate thickness and substantially the same side length of said closed-cross section (plate thickness and length of closed cross section are substantially the same for all parts as shown in Fig 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Hirose et al., Japanese Patent No. JP2008284931 (hereinafter Hirose) discloses a metal hollow columnar member is relevant to the claims but was not relied upon in the current rejection.
Claims 1-10 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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