Prosecution Insights
Last updated: October 04, 2026
Application No. 19/091,122

VEHICLE CROSSMEMBER AND FLOOR STRUCTURE

Non-Final OA §103
Filed
Mar 26, 2025
Priority
Mar 26, 2024 — provisional 63/569,997
Examiner
BLANKENSHIP, GREGORY A
Art Unit
Tech Center
Assignee
Shape Corp.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1427 granted / 1677 resolved
+25.1% vs TC avg
Minimal +4% lift
Without
With
+3.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
44 currently pending
Career history
1705
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
34.7%
-5.3% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1677 resolved cases

Office Action

§103
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 § 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. Claims 1-5, 7-14, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/044429 in view of Sturrus (5,395,036). WO 2023/044429 discloses a vehicle having a cross member (620) on a floor structure (612), as shown in Figure 12. The cross member (620) comprises a roll-formed beam having an elongated hollow body formed from a metal sheet and configured to span laterally over a floor panel (612), as shown in Figures 1-4 and 12 and disclosed in paragraphs [0006] and [0037]. The beam comprises a cross-sectional shape taken transverse to a length of the beam and extending consistently along the length between opposing ends of the beam, as shown in Figure 12. The beam comprises a first hollow section (632) and a second hollow section (634) extending along the length of the beam, as shown in Figure 12. The first and second hollow sections (632,634) are interconnected by a narrowed section (624) of the cross-sectional shape, as shown in Figure 12. In reference to claim 2, the beam comprises an upper wall and a lower wall extending along opposing sides of the first and second hollow sections (632,634), as shown in Figure 12. PNG media_image1.png 200 450 media_image1.png Greyscale In reference to claim 3, the upper and lower walls each include at least two bends along the length of the beam that direct respective upper and lower walls inward at the narrowed section, as shown in Figure 12. PNG media_image2.png 200 450 media_image2.png Greyscale In reference to claim 4, the upper and lower walls are attached at the narrowed section (624) of the cross-sectional shape, as shown in Figure 12. In reference to claim 5, the upper and lower walls are connected at the narrowed section (624), as shown in Figure 12. In reference to claim 7, the ends of the metal sheet are attached at the upper wall of the beam, as shown in Figure 12. In reference to claim 8, the vehicle floor assembly comprises a floor panel (612) and a cross member beam (620), as shown in Figure 12. The cross member beam (620) is disposed at and extending over an upper surface of the floor panel (612), as shown in Figure 12. The cross member beam (620) comprises an elongated hollow body formed from a metal sheet and defining a cross-sectional shape that extends continuously along a linear length of the cross member beam (620), as shown in Figure 12. The cross member beam (620) comprises a first hollow section (632) and a second hollow section (632) extending adjacent to each other along the linear length of the cross member beam (620), as shown in Figure 12. The first and second hollow sections (632,634) are interconnected by a narrowed section (624) of the cross-sectional shape, as shown in Figure 12. In reference to claim 9, the metal sheet of the cross member beam (620) comprises a martensitic steel with a tensile strength of at least 980 MPa, as disclosed in paragraph [0036]. In reference to claim 10, the vehicle floor assembly further comprises a pair of rocker sections (14) extending longitudinally along outboard edges of the floor panel (612), as shown in Figure 3. The cross member beam (620) extends laterally across the floor panel (612) between the pair of the rocker sections (14), as shown in Figures 3 and 12. The cross member beam (620) defines a lateral load path between the pair of rocker sections (14), as disclosed in paragraph [0008]. In reference to claim 11, the vehicle floor assembly comprises a second cross member (52) attached and spanning between the pair of rocker sections (14) at a longitudinally spaced distance from the cross member (620) that is configured to accommodate a seat assembly that is coupled at and supported by the first and second cross members, as disclosed in paragraphs [0030-0032]. In reference to claim 12, the cross member beam (620) comprises an upper wall and a lower wall extending along opposing sides of the first and second hollow sections (632,634), as shown in Figure 12. In reference to claim 13, the upper wall and the lower wall are attached at the narrowed section of the cross section shape, as shown in Figure 12. In reference to claim 14, the ends of the metal sheet are attached at the upper wall, as shown in Figure 12. In reference to claim 16, the first and second hollow sections (632,634) of the cross member beam (620) are substantially mirror images across the narrowed section (624) of the cross sectional shape, as shown in Figure 12. In reference to claim 18, the cross member (620) comprises a roll-formed beam having an elongated hollow body formed from a metal sheet and configured to span laterally over a floor panel (612), as shown in Figures 1-4 and 12. The beam comprises a cross-sectional shape taken transverse to a length of the beam and extending consistently along the length between opposing ends of the beam, as shown in Figure 12. The beam comprises a first hollow section (632) and a second hollow section (634) extending along the length of the beam, as shown in Figure 12. The first and second hollow sections (632,634) are interconnected by a narrowed section (624) of the cross-sectional shape, as shown in Figure 12. In reference to claim 19, the beam comprises an upper wall and a lower wall extending along opposing sides of the first and second hollow sections (632,634), as shown in Figure 12. The upper and lower walls include at least two bends along the length of the beam that direct the respective upper and lower walls inward at the narrowed section (624), as shown in Figure 12. In reference to claim 20, the ends of the metal sheet are attached and form the seam at the upper wall of the beam, as shown in Figure 12. However, WO 2023/044429 does not disclose the edges of the metal sheet welded together along the length of the beam at the narrowed section of the cross-sectional shape. Sturrus teaches welding the edges of a metal sheet together along the length of a beam at a narrowed section with weld (20), as shown in Figure 2. The weld connects the edges with the underlying web (15), as shown in Figure 2. In reference to claim 18, the seam has an induction weld (20) formed continuously between the edges to align the inner and outer surfaces of the metal sheet on opposing sides of the seam, as shown in Figure 2 and disclosed on lines 55-59 of column 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to induction weld the edges of the metal sheet of WO 2023/044429 at the narrowed section, as taught by Sturrus, with a reasonable expectation to form the edge connection in the channel of the narrowed section so that the top surface of the first and second hollow sections are flat to provide a more stable surface for mounting a seat. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 2, in view of Lee et al. (5,934,544). WO 2023/044429, as modified, does not disclose the upper and lower walls are spaced apart at the narrowed section of the cross-sectional shape. Lee et al. teaches forming a vehicle beam with a narrowed section with spaced apart walls (60,62,76), as shown in Figure 3A. This is an alternative to walls connected at a narrowed section, as shown in Figure 3B. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention form the narrowed section of WO 2023/044429 with spaced apar upper and lower walls, as taught by Lee et al., with a reasonable expectation for success as an obvious design choice that does not alter the function or operation of the cross member. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 12, in view of CN 117396396. WO 2023/044429, as modified, does not disclose the stiffening channels. CN 117396396 teaches forming reinforcing channels (44) in first and second hollow sections (38,40) to prevent buckling, as shown in Figures 11A and 12. The following is a quote from the translation of the reference: The pair of adjacent tubular members 38, 40 are disposed laterally adjacent (side-by-side) to each other as they cross the vehicle floor 12. In order to increase the longitudinal stiffness of the tubular beam 24 along its length, the reinforcing channel 44 may be formed along a portion of the beam, such as along the bottom wall or surface 24 of each of the tubular members 38,40. The reinforcing channel 44 projects into the interior volume of each tubular member 38,40 and serves to reinforce the bottom wall or surface and prevent buckling. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form stiffening channel in the hollow sections of WO 2023/044429, as modified, disposed along the linear length of the cross member beam, as taught by CN 117396396, with a reasonable expectation for success to prevent buckling. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of references, as applied to claim 12, in view of WO 2023/044429. WO 2023/044429, as modified, does not disclose the upper planar portion of the upper wall at the first and second sections is angled relative to a lower planar portion of the lower wall at the first and second hollow sections. WO 2023/044429 teaches forming the upper planar portion of the upper wall at the first and second sections is angled relative to a lower planar portion of the lower wall at the first and second hollow sections, as shown in Figure 7. PNG media_image3.png 236 388 media_image3.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the upper wall at the first and second sections is angled relative to a lower planar portion of the lower wall at the first and second hollow sections of WO 2023/044429, as modified, as taught by WO 2023/044429, with a reasonable expectation for success to provide an angled seat mounting surface to allow a simplified slide/height adjustment for the seat to be used to reduce cost and complexity. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tanabe (US 2018/0222535) shows cross members spaced apart in the vehicle longitudinal direction. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30. 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, 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. 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. GREGORY A. BLANKENSHIP Primary Examiner Art Unit 3612 /GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 September 15, 2026
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Prosecution Timeline

Mar 26, 2025
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
89%
With Interview (+3.5%)
2y 0m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1677 resolved cases by this examiner. Grant probability derived from career allowance rate.

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