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 .
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 17 -20 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 17 recites the limitation “a bumper that convers the bumper beam” in line 3. The term “convers” is unclear and is not defined by the specification. The Office assumes the term to mean “covers” for claim interpretation, although specification does not disclose the bumper covering the bumper beam. Appropriate correction is needed.
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.
Claim(s) 1 – 6, 8, 9 – 14, and 16 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto, U.S. 2023/0391282 (“Yamamoto”) in view of Lai et al. CN 116424250 (“Lai”). Yamamoto discloses an apparatus (abstract), comprising:
a body (paragraph [0024]), the body comprising:
a first surface (rear adjacent 22A);
a second surface (forward 32) opposite the first surface;
a first cut out portion (vertically between 32, 32 and 34, 34) formed into the second surface; and a second cut out portion (second, vertically between 32, 32 and 34, 34) formed into the second surface, wherein in response to the body at the first surface, the body is configured to compress, based on the first cut out portion and the second cut out portion, and trigger one or more sensing devices of a sensor assembly (40). Yamamoto is silent to the body coupling to a lamp carrier. Lai teaches a body (200) configured to couple with a lamp carrier of a vehicle (73). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Yamamoto such that it comprised the body configured to couple with a lamp carrier of a vehicle in view of the teachings of Lai obvious so as to provide a suitable way of mounting to the vehicle while enhancing collision prevention to the two side headlamps (page 3, 7th paragraph beginning with “Referring to fig. 1 to 4, …”).
In reference to claims 2, 3, 5, 6, and 8, Yamamoto in view of Lai further discloses [[claim 2]] a third cut out portion (horizontally between 32 and 34) formed into the second surface and positioned between the first cut out portion and the second cut out portion (fig. 3);
[[claim 3]] the apparatus of claim 2, wherein the third cut out portion is configured to receive the sensor assembly (fig. 3);
[[claim 4]] further comprising a bracket (Yamamoto 51 or Lia 21) configured to cover the second surface and secure with the lamp carrier (Lia 21);
[[claim 5]] wherein the body comprises a foam body (Yamamoto [0003]);
[[claim 6]] the apparatus of claim 5, further comprising one or more extensions that extend from the foam body (50, 22), the one or more extensions configured to receive a fastener (221 as modified by Lai) to couple the foam body with the lamp carrier (73). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Yamamoto such that it comprised the extension to receive a fastener in view of the teachings Lai obvious so as to combine the bracket with the bumper and lamp carrier and achieve a supporting effect (page 6, first paragraph); and
[[claim 8]] wherein: the body defines a first end (top) and a second end (bottom) opposite the first end, and the first cut out portion and the second cut out portion extend from the first end to the second end (fig. 3).
In reference to claim 9, Yamamoto discloses a subassembly (fig. 1), comprising:
a bumper beam assembly (abstract) comprising a bumper beam [0003] for the vehicle; and
a body (30), the body comprising:
a first surface (rear adjacent to 22A),
a second surface (facing FR) opposite the first surface,
a first cut out portion (vertically between 32, 32 and 34, 34) formed into the second surface,
a second cut out portion (second cutout between second 32, 32, and 34, 34) formed into the second surface, a third cut out portion (horizontally between first and second cutout portion) formed into the second surface and positioned between the first cut out portion and the second cut out portion (fig. 3); and
a sensor (40) comprising one or more sensing devices (42) positioned in the third cut out portion, wherein in response to an applied force [0003] to the body at the first surface, the body is configured to compress, based on the first cut out portion and the second cut out portion, and trigger the one or more sensing devices. Yamamoto does not disclose a lamp carrier configured to carry a plurality of lamps for a vehicle. Lia teaches a lamp carrier (abstract) configured to carry a plurality of lamps (two headlamps); the body (200) configured to couple with the lamp carrier (73). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Yamamoto such that it comprised a lamp carrier and the body configured to couple with the lamp carrier of a vehicle in view of the teachings of Lai obvious so as to provide a suitable way of mounting to the vehicle while enhancing collision prevention to the two side headlight (page 3, 7th paragraph beginning with “Referring to fig. 1 to 4, …”).
In reference to claims 10 – 14 and 16, Yamamoto in view of Lai further discloses [[claim 10]] a bracket (Yamamoto 51 or Lia 21) configured to cover the second surface and secure with the lamp carrier (Lia 221);
[[claim 11]] wherein the lamp carrier (Lai 221) is carried by the bumper beam assembly (10);
[[claim 12]] wherein the body comprises a foam body (Yamamoto [0003]);
[[claim 13]] the subassembly of claim 12, further comprising one or more extensions (as modified by Lai 21) that extend from the foam body (200), the one or more extensions configured to receive a fastener (221) to couple the foam body with the lamp carrier (73);
[[claim 14]] wherein the body (Yamamoto 30) is separated from the bumper beam (20) by the bumper beam assembly (10, 22); and
[[claim 16]] wherein: the body (30) defines a first end (upper) and a second end (lower) opposite the first end, and the first cut out portion and the second cut out portion extend from the first end to the second end (fig. 3).
In reference to claim 17, Yamamoto discloses a vehicle (abstract), comprising:
a bumper beam assembly (abstract, fig. 1) comprising a bumper beam (abstract, 20);
a bumper (64) that covers the bumper beam; and
a body (30), the body comprising:
a first surface (rear),
a second surface (FR) opposite the first surface,
a first cut out portion (vertically between 32, 32 and 34, 34) formed into the second surface,
a second cut out portion (second vertical cut out portion between second 32, 32 and 34, 34) formed into the second surface,
a third cut out portion (horizontally between upper 32 and lower 34) formed into the second surface and positioned between the first cut out portion and the second cut out portion (fig. 3); and
a sensor (40) comprising one or more sensing devices (42) positioned in the third cut out portion, wherein in response to an applied force [0012] to the body (30) at the first surface, the body is configured to compress, based on the first cut out portion and the second cut out portion, and trigger the one or more sensing devices (fig. 4). Yamamoto does not disclose a lamp carrier configured to carry a plurality of lamps. Lia teaches a lamp carrier (abstract) configured to carry a plurality of lamps (two headlamps); wherein the lamp carrier is carried by the bumper beam assembly (fig. 1); the body (200) configured to couple with the lamp carrier (73). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Yamamoto such that it comprised a lamp carrier and the body configured to couple with the lamp carrier of a vehicle in view of the teachings of Lai obvious so as to provide a suitable way of mounting to the vehicle while enhancing collision prevention to the two side headlight (page 3, 7th paragraph beginning with “Referring to fig. 1 to 4, …”).
In reference to claims 18 - 20, Yamamoto in view of Lai further discloses [[claim 18]] a bracket (Yamamoto 51 or Lia 21) configured to cover the second surface and secure with the lamp carrier (Lia 21);
[[claim 19]] wherein: the body (Yamamoto 30) defines a first surface (upper) and a second end (lower) opposite the first surface, and the first cut out portion and the second cut out portion extend from the first surface to the second surface (fig. 3); and
[[claim 20]] wherein the body (30) is separated from the bumper beam (20) by the bumper beam assembly (10, 22).
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto in view of Lai as applied to claims 1 and 9 above, and further in view of J. Wycech, U.S. 6,096,403 (“Wycech”). Yamamoto as modified does not disclose the first surface defining an indentation configured to conform to the vehicle. Wychech teaches a first surface (interior 40) defining an indentation (34) configured to conform to the vehicle (42, fig. 4 and 5). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Yamamoto in view of Lai such that it comprised the indentation in view of the teachings of Wychech obvious so as to provide a shell to reinforce the automotive bumper having a channel structure with a length substantially greater than its width (column 3, line 45).
Conclusion
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/Primary Examiner, Art Unit 3614
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