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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/18/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 31-34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hasenpouth (WO-2022096921-A1), henceforth referred to as Hasenpouth.
Regarding claim 31, Hasenpouth discloses a method for manufacturing a unitary rear rail structure for a vehicle framework, (Figure 1: rear underfloor structure 2), the method comprising: providing a first blank and a second blank, arranging the first and second blanks such that the first blank partially overlaps the second blank in an overlapping region, joining the first blank to the second blank at the overlapping region to form a combined blank (Page 5 lines 1-6: "Tailor welded blanks are made by assembling together, for example by laser welding together, several blanks of steel. . . The sub-blanks forming the tailor welded blanks can be assembled with or without overlap"), heating the combined blank at least partially to above an austenization temperature (Page 16 lines 15-19: "This can be particularly advantageous for the handling of said blanks 26 during the manufacturing process and even more so in the case of hot stamping, which involves manipulating the blank heated at high temperature and having therefore lower mechanical strength during the step of transferring it from the austenitizing furnace to the hot stamping press"), and press hardening the heated combined blank to form the unitary rear rail structure (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa"), wherein, the formed unitary rear rail structure comprises a first and a second rear rail portion and one or more cross-member portions (Figure 3: rear underfloor structure comprises first and second side members 4 and cross member 5), and wherein the overlapping region substantially corresponds to a transition between the first rail portion and one of the cross-member portions (Figure 7: lines 21 designate crossmember 5 attachment zone 20, designating the overlapping region between crossmember 5 and rail 4), and wherein the first rail portion has a U-shaped cross-section, (Figure 5: rails 4 comprise a substantially U-shaped cross section), and wherein the overlapping region is located at a bottom wall of the U-shaped cross-section (Figures 5 and 7: overlapping region 20 is located at least partially on the bottom surface of rail 4).
Regarding claim 32, Hasenpouth discloses the joining the first and second blanks is carried out by spot welding (Page 5 lines 1-6: "Tailor welded blanks are made by assembling together, for example by laser welding together, several blanks of steel . . . The sub-blanks forming the tailor welded blanks can be assembled with or without overlap, for example . . . they can be spot-welded to one another (with overlap)").
Regarding claim 33, Hasenpouth discloses joining the first and second blanks is carried out by remote laser welding (Page 5 lines 1-2: "Tailor welded blanks are made by assembling together, for example by laser welding together").
Regarding claim 34, Hasenpouth discloses a first region of the unitary rear rail structure has an ultimate tensile strength after press hardening of 1,500 MPa or more (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa"), and a second region of the unitary rear rail structure has an ultimate tensile strength after press hardening between 700 - 1200 MPa (Page 2 lines 22-25: the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having a yield strength after hot forming comprised between 700 and 950MPa").
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 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.
Claims 15-23 and 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over Hasenpouth in view of Meca (US-20210221439-A1), henceforth referred to as Meca.
Regarding claim 15, Hasenpouth discloses a method for manufacturing a unitary rear rail structure for a vehicle framework (Figure 1: rear underfloor structure 2), the method comprising: providing a first blank and a second blank, and arranging the first and second blanks such that the first blank partially overlaps the second blank in an overlapping region, joining the first blank to the second blank at the overlapping region to form a combined blank (Page 5 lines 1-6: "Tailor welded blanks are made by assembling together, for example by laser welding together, several blanks of steel. . . The sub-blanks forming the tailor welded blanks can be assembled with or without overlap"), heating the combined blank at least partially to above an austenization temperature (Page 16 lines 15-19: "This can be particularly advantageous for the handling of said blanks 26 during the manufacturing process and even more so in the case of hot stamping, which involves manipulating the blank heated at high temperature and having therefore lower mechanical strength during the step of transferring it from the austenitizing furnace to the hot stamping press"), and press hardening the heated combined blank to form the unitary rear rail structure (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa"), wherein, the formed unitary rear rail structure comprises a first and a second rear rail portion and one or more cross-member portions (Figure 3: rear underfloor structure comprises first and second side members 4 and cross member 5), and wherein the overlapping region substantially corresponds to a transition between the first rail portion and one of the cross-member portions (Figure 7: lines 21 designate crossmember 5 attachment points, designating the overlapping region between crossmember 5 and rail 4), and wherein the overlapping region extends over an entire width of the cross-member (Figure 7: cross member attachment zone 20 extends over the entire width of rail 4).
However, Hasenpouth does not explicitly teach the overlapping region extending at least 20mm. Meca discloses wherein the overlapping region extends at least 20 mm into the rail portions (Paragraph [0061]: "A B-pillar—rocker overlapping region may have a length (distance along the longitudinal axis of the rocker) between 20 and 600 mm"). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the frame of Hasenpouth with the overlapping area of Meca, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, the frame component of Hasenpouth would be expected to continue functioning as intended.
Regarding claim 16, Hasenpouth as modified discloses the joining the first and second blanks is carried out by spot welding (Page 5 lines 1-6: "Tailor welded blanks are made by assembling together, for example by laser welding together, several blanks of steel . . . The sub-blanks forming the tailor welded blanks can be assembled with or without overlap, for example . . . they can be spot-welded to one another (with overlap)").
Regarding claim 17, Hasenpouth as modified discloses wherein a first region of the unitary rear rail structure has an ultimate tensile strength after press hardening of 1,500 MPa or more (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa"), and a second region of the unitary rear rail structure has an ultimate tensile strength after press hardening between 700 - 1200 MPa (Page 2 lines 22-25: the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having a yield strength after hot forming comprised between 700 and 950MPa").
Regarding claim 18, Hasenpouth as modified discloses the first region of the combined blank is subjected to a different heat treatment than the second region of the combined blank (Page 2 lines 18-25: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa [and] at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having a yield strength after hot forming comprised between 700 and 950MPa, an ultimate tensile strength after hot forming").
Regarding claim 19, Hasenpouth as modified discloses the overlapping region extends over a whole width of the rear rail portion least in the transition of the rail portions to the cross-member (Figure 7: cross member attachment zone 20 extends over the entire width of rail 4).
Regarding claim 20, Meca further discloses an area of the overlapping region is 20 - 600 cm2 (Paragraph [0061]: "A B-pillar—rocker overlapping region may have a length (distance along the longitudinal axis of the rocker) between 20 and 600 mm . . . and a height (distance along the longitudinal axis of the B-pillar) may be between 20 and 600 mm" - range of 4cm2 to 3600cm2). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the frame of Hasenpouth with the overlapping area of Meca, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, the frame component of Hasenpouth would be expected to continue functioning as intended.
Regarding claim 21, Hasenpouth as modified discloses the first and second rear rails comprise a first region configured for attaching the unitary rear rail structure to a chassis (Page 13 lines 1-7: "In a particular embodiment, the blank 26 used to manufacture the rear underfloor structure 2 further comprises at least one metallic patch 31 as depicted on figure 8, in order to locally increase the strength of the part. . . The patch 31 is for example applied in areas that need to be reinforced because they are designed to be attached to the undercarriage structure"), wherein the first region has an ultimate tensile strength of 1,500 MPa or more (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa").
Regarding claim 22, Hasenpouth as modified discloses the first and second rear rails comprise a second region having an ultimate tensile strength between 700 - 1200 Mpa, and a yield strength after press hardening between 500 - 900 Mpa (Page 2 lines 22-26: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having a yield strength after hot forming comprised between 700 and 950MPa, an ultimate tensile strength after hot forming comprised between 950MPa and 1200MPa").
Regarding claim 23, Hasenpouth as modified discloses at least one of the first and second rear rail portions and the cross-member portions has a substantially U-shaped cross-section (Figure 5: rails 4 comprise a substantially U-shaped cross section), wherein the U-shape has a bottom wall, a first side wall, a second side wall, a first lateral flange projecting outwardly at an end of the first side wall and a second lateral flange projecting outwardly at an end of second side wall (Figure 5: rails 4 comprise a bottom wall, first and second side walls, and lateral flanges 47 extending outward from respective side walls).
Regarding claim 25, Hasenpouth discloses a method for manufacturing a unitary rear rail structure for a vehicle framework, (Figure 1: rear underfloor structure 2)
the method comprising: providing a first blank and a second blank, arranging the first and second blanks such that the first blank partially overlaps the second blank in an overlapping region, joining the first blank to the second blank at the overlapping region to form a combined blank (Page 5 lines 1-6: "Tailor welded blanks are made by assembling together, for example by laser welding together, several blanks of steel. . . The sub-blanks forming the tailor welded blanks can be assembled with or without overlap"), heating the combined blank at least partially to above an austenization temperature (Page 16 lines 15-19: "This can be particularly advantageous for the handling of said blanks 26 during the manufacturing process and even more so in the case of hot stamping, which involves manipulating the blank heated at high temperature, and having therefore lower mechanical strength during the step of transferring it, from the austenitizing furnace to the hot stamping press"), and press hardening the heated combined blank to form the unitary rear rail structure (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa"), wherein, the formed unitary rear rail structure comprises a first and a second rear rail portion and one or more cross-member portions (Figure 3: rear underfloor structure comprises first and second side members 4 and cross member 5), and wherein the overlapping region substantially corresponds to a transition between the first rail portion and one of the cross-member portions (Figure 7: lines 21 designate crossmember 5 attachment points, designating the overlapping region between crossmember 5 and rail 4).
However, Hasenpouth does not explicitly teach the area of the overlapping region. Meca discloses and wherein an area of the overlapping region is 20 - 600 cm2 (Paragraph [0061]: "A B-pillar—rocker overlapping region may have a length (distance along the longitudinal axis of the rocker) between 20 and 600 mm"). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the frame of Hasenpouth with the overlapping area of Meca, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, the frame component of Hasenpouth would be expected to continue functioning as intended.
Regarding claim 26, Hasenpouth as modified discloses the joining the first and second blanks is carried out by spot welding (Page 5 lines 1-6: "Tailor welded blanks are made by assembling together, for example by laser welding together, several blanks of steel . . . The sub-blanks forming the tailor welded blanks can be assembled with or without overlap, for example . . . they can be spot-welded to one another (with overlap)").
Regarding claim 27, Hasenpouth as modified discloses joining the first and second blanks is carried out by remote laser welding (Page 5 lines 1-2: "Tailor welded blanks are made by assembling together, for example by laser welding together").
Regarding claim 28, Hasenpouth as modified discloses a first region of the unitary rear rail structure has an ultimate tensile strength after press hardening of 1,500 MPa or more (Page 2 lines 18-21: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa"), and a second region of the unitary rear rail structure has an ultimate tensile strength after press hardening between 700 - 1200 MPa (Page 2 lines 22-25: the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having a yield strength after hot forming comprised between 700 and 950MPa").
Regarding claim 29, Hasenpouth as modified discloses the first region of the combined blank is subjected to a different heat treatment than the second region of the combined blank (Page 2 lines 18-25: "the tailor welded blank used to manufacture the rear underfloor structure comprises at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having an ultimate tensile strength after hot stamping above 1800MPa [and] at least one sub-blank which comprises at least one sub-blank which is made of a press-hardening steel having a yield strength after hot forming comprised between 700 and 950MPa, an ultimate tensile strength after hot forming").
Regarding claim 30, Hasenpouth as modified discloses the overlapping region extends over a whole width of the rear rail portion least in the transition of the rail portions to the cross-member (Figure 7: cross member attachment zone 20 extends over the entire width of rail 4).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hasenpouth in view of Meca as applied to claim 23 above, in further view of Frehn (US-20180222536-A1), henceforth referred to as Frehn.
Regarding claim 24, Hasenpouth and Meca do not teach a cover plate. Frehn discloses attaching a cover plate attached to the first and second rear rail portions, and substantially closing the U-shaped cross-section (Figure 6e: cover plate 32 attached to, and closing the U-shaped cross section of sill 26). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame of Hasenpouth with the cover of Frehn in order to provide additional strength and rigidity, and allow the closing plate to serve as a floor panel (Paragraph [0086]).
Cited Prior Art not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Beauvais (US-11629388-B2), which discloses press hardened / hot formed steel sheets for use in manufacturing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM.
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/MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614