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 .
This communication is in response to application No. 19/100,188, filed on 1/31/2025. Claims 11-21 are currently pending and have been examined. Claims 11-21 have been rejected as follows.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 11-14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amedick et al (DE 10 2018 202159 A1).
Regarding claim 11, Amedick et al discloses a side sill (100, Fig. 2b) for a body of a passenger vehicle (page 1, paragraph 3), comprising a support element (10, Fig. 2b) formed of a steel (page 4, paragraph 5); and at least one insert part (20, Fig. 2b) formed of a light metal (page 4, paragraph 5), at least one bond seam (50, Fig. 2b; page 3, paragraph 6) formed by bonding the insert part (20, Fig. 2b) directly (see annotated Figure 1 below) to the support element (10, Fig. 2b), wherein the insert part is partially surrounded on an outer circumference (see annotated Figure 1 below) by the support element (10, Fig. 2b), and the support element, in a completely produced state of the side sill (100, Fig. 2b), has an open region (see annotated Figure 1 below) in which the insert part (20, Fig. 2b) is arranged without overlapping with the support element (10, Fig. 2b), the bond seam directly adjoining the open region.
Figure 1:
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Regarding claim 12, Amedick et al further discloses wherein the insert part (20, Fig. 2b) is riveted and/or screwed (31, 32, 33/41, 42, 43) directly to the support element (10, Fig. 2b) and/or is mechanically connected via at least or exactly one additional element.
Regarding claim 13, Amedick et al further discloses wherein the insert part (20, Fig. 2b) is an extruded (page 5, paragraph 3) insert part profile.
Regarding claim 14, Amedick et al further discloses wherein the support element comprises a plurality of support parts (10, 15, Fig. 2b) formed from the steel, formed separately from one another, and connected to one another (see annotated Figure 1 above).
Regarding claim 18, Amedick et al discloses a body for a passenger vehicle, comprising at least one side sill (100, Fig. 2b) comprising a support element (10, Fig. 2b) formed of a steel (page 4, paragraph 5) and at least one insert part (20, Fig. 2b) formed of a light metal (page 4, paragraph 5), which insert part (20, Fig. 2b) is bonded (50, Fig. 2b; page 3, paragraph 6) directly (see annotated Figure 1 above) to the support element (10, Fig. 2b) with the formation of at least one bond seam (50, Fig. 2b) and is partially surrounded on an outer circumference by the support element (10, Fig. 2b), wherein the support element (10, Fig. 2b) in a completely produced state of the body has an open region (see annotated Figure 1 above) in which the insert part (20, Fig. 2b) is arranged without overlapping the support element (see annotated Figure 1 above), and wherein the bond seam (50, Fig. 2b) directly adjoins the open region.
Claim Rejections - 35 USC § 103
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Amedick et al (DE 10 2018 202159 A1) in view of Negishi (US 2024/0213606).
Regarding claim 15, Amedick et al discloses all of the claimed limitations of the invention as claimed in claim 14 above. However, Amedick et al does not expressly disclose wherein the support parts (10, 15, Fig. 2b) are welded directly to one another.
Negishi teaches spot welding as an old and well known method of joining two steel vehicle support members (para. [0064]) directly to one another (36, 37, Fig. 10) in the analogous field of the claimed invention of vehicle side structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support parts of Amedick et al by joining the parts as taught by Negishi. Doing so would provide efficient assembly for creating a rigid, high-strength structural bond by fusing steel pieces into a continuous vehicle component.
Claims 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Amedick et al (DE 10 2018 202159 A1).
Regarding claim 16, Amedick et al discloses all of the claimed limitations of the invention as claimed in claim 11 above. However, Amedick et al does not expressly disclose wherein the open region extends in a circumferential direction of the side sill over an angular range of at least 30 degrees.
Regarding claim 17, Amedick et al discloses all of the claimed limitations of the invention as claimed in claim 16 above. However, Amedick et al does not expressly disclose wherein the open region extends in a circumferential direction of the side sill over an angular range of at least 45 degrees.
However, section 2144.04 IV. A. of the MPEP sets forth the Federal Circuit case of In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), which held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Therefore, it 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 to construct the open region extending in a circumferential direction of the side sill over an angular range of at least 30 degrees or of at least 45 degrees with a reasonable expectation of success since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of Amedick et al would not operate differently with an open region extending in a circumferential direction of the side sill over an angular range of at least 30 degrees or of at least 45 degrees and since Amedick et al discloses a device that is substantially open above the entire upper area of insert part 20 the device would function appropriately having an open region extending in a circumferential direction of the side sill over an angular range of at least 30 degrees or of at least 45 degrees.
Regarding claim 19, Amedick et al discloses all of the claimed limitations of the invention as claimed in claim 16 above, and further discloses a passenger car comprising a body (page 1, paragraph 3) according to claim 16.
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Amedick et al (DE 10 2018 202159 A1) in view of Kim et al (US 2022/0289300).
Regarding claim 20, Amedick et al discloses a method for producing a side sill (100, Fig. 2b) for a body of a passenger vehicle (page 1, paragraph 3, lines 1-2), the method comprising the steps of providing a structural unit (100, Fig. 2b) comprising at least one first support part (10, Fig. 2b) formed of a steel (page 4, paragraph 5, lines 1-2), a support element (10, 15, Fig. 2b) of the side sill, and an insert part (20, Fig. 2b) formed of a light metal (page 4, paragraph 5, lines 2-3), wherein the insert part (20, Fig. 2b) is bonded directly (see annotated Figure 1) to the first support part (10, Fig. 2b) forming at least one bond seam (50, Fig. 2b; page 3, paragraph 6) and is partially surrounded on an outer circumference by the first support part (10, Fig. 2b); and connecting the structural unit to a second support part (15, Fig. 2b), formed of a steel (page 5, paragraph 3, lines 8-11), of the support element (10, 15, Fig. 2b). However, Amedick et al does not expressly disclose connecting the structural unit to a second support part (15, Fig. 2b) only after the bond seam has completely cured.
Kim et al teaches a method of assembling a side sill of a vehicle involving assembling a vehicle component in a sequential manner (Fig. 4, para. [0059]-[0064]) whereby connecting a structural unit (4, Fig. 4) to a second support part (3, Fig. 4) occurs only after adhesive bonding (B, para. [0061]-[0063]) in the analogous field of the claimed invention of vehicle side structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of assembly of Amedick et al to include the sequential bonding as taught by Kim et al. Doing so would fix the sill parts together and provide efficient assembly for creating a rigid, high-strength structural bond including fusing steel pieces into a continuous vehicle component.
Regarding claim 21, Amedick et al in view of Kim et al discloses all of the claimed limitations of the invention as claimed in claim 20 above, and Kim et al further discloses wherein the structural unit is connected to the second support part by the insert part being riveted directly to the second support part; and/or the first support part (1, Fig. 4) being welded (spot welding W, Fig. 4; para. [0063]) directly to the second support part (3, Fig. 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tan (US 2012/0086238) discloses an extruded aluminum reinforcement member (80) having structural adhesive (140, 142, 144, 160, 162, 164) and screws (150, 152, 156, 170, 172, 174) between the reinforcement member, the sill inner panel (22) and the sill outer panel (62) where the metal sill panels are welded ([0012]-[0014]) together, thereby providing a strong, lightweight, and economical reinforcement vehicle side structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Denise L Esquivel whose telephone number is (703)756-5825. The examiner can normally be reached Monday- Thursday 7:30 am-5:00 pm, alternate Fridays 7:30 am-4:00 pm.
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/D.L.E./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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