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 1-16 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.
In claim 1, lines 7 and 8, “said side frame” has no proper antecedent basis in the claims. Previously, in line 2 of claim 1, Applicant has recited a pair of side frames. Thus, it is unclear which side frame the term “said side frame” is referring to.
Appropriate correction is 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.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ayukawa (US 2018/0370568).
With respect to claim 1, Ayukawa discloses a front structure of a vehicle, comprising:
a pair of right-and-left side frames 32L, 32R extending in a longitudinal direction (as shown in Fig. 2 of Ayukawa);
a cross member 34 provided to extend between the side frames 32L, 32R; and
an on-board equipment 60 positioned between the side frames 32L, 32R,
wherein said on-board equipment 60 comprises first fixation portion 64 fixed to said cross member (as shown in Fig. 2 of Ayukawa) and second fixation portion 68 positioned in back of said first fixation portion 64 and fixed to said side frame 32L, 3 R through a fixation structure 72R (via crossmember 36, Ayukawa, paragraphs [0042] and [0046]) in which the on-board equipment 60 is detachable from the side frame 32L, 32R when receiving an impact load applied from a vehicle forward side (the equipment 60 is capable of being detached by removing bolts 64, 68 during an impact).
With respect to claim 5, Ayukawa discloses that said fixation structure 72R is configured to get broken when the impact load is applied from the vehicle forward side (all the structures will break if the impact is great enough).
Allowable Subject Matter
Claims 2-4 and 6-16 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:
Claims 2-4 and 6-16 have been indicated as containing allowable subject matter primarily for the rearward member arranged in back of said cross member, wherein said on-board equipment and/or said rearward member include a guide portion to move the on-board equipment downward when the on-board equipment and the rearward member contact each other due to the impact load applied from the vehicle forward side.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakanashi et al., Sykes and Hara et al. are cited to show other example of a front structure of a vehicle, comprising: a pair of right-and-left side frames extending in a longitudinal direction; a cross member provided to extend between the side frames; and an on-board equipment positioned between the side frames, wherein said on-board equipment comprises a first fixation portion fixed to said cross member and a second fixation portion positioned in back of said first fixation portion and fixed to said side frame through a fixation structure.
Kaneko is cited to show another example of a front structure including a pair of right and left side frames, a cross member and on board equipment positioned between the side frames wherein said on board equipment comprises a first fixation portion fixed to said cross member and a second fixation portion positioned in back of said first fixation portion and fixed to the side frame through a fixation structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612
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