DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicants’ Preliminary Amendment (filed 3/20/2025) and Supplemental Amendment (filed 7/16/2025) have been entered with claims 1-19 being cancelled and claims 20-25 being added.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the last sentence of the Abstract (lines 13-14) appears to refer to purported merits or speculative applications of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 20 is objected because it has an incorrect status identifier (which is also misspelled). Although there is no correction now available/needed, applicants should strive to properly identify claims as they are added, amended or cancelled to preserve an accurate and clear record of the prosecution.
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 20-25 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 20 appears to be a broad claim having much confusing language.
Claim 20 recites a “forming a plurality of closed cross-sectional profile configurations coupled by connecting segments in only a longitudinal direction, which is a direction in which the flange portion protrudes from the hat portion”. This recitation is indefinite for several reasons. 1) It is not clear which segments are being connected. Are these “segments” the same as the formed member (half of a closed cross-sectional profile) or are these some other “segments” not clearly identified. 2) Without further reference points, it is not clear as to which direction is the recited “longitudinal direction”. It is noted that the direction in which the flange portion protrudes from the hat portion depends on the orientation of the hat portion.
Claim 20 recites “the closed cross-sectional profile configuration including upper and lower recesses each formed in part by the inclined wall of the hat portion”. This recitation is indefinite as it is not clear as to which recesses are upper and which are lower. It is noted that there appear to be three recesses that include an inclined wall. Further, it seems that it would be clearer to identify a recess as maybe facing upwardly or downwardly.
Claim 20 recites “formed by overlapping the flange portion and the top portion in a thickness direction”. This recitation is indefinite as, without further reference points, it is not clear which direction is a thickness direction (i.e. thickness of the material or possible a width direction of the flange of hat).
Claim 25, lines 2 and 8-9, recite a “longitudinal direction”. Without further reference points, it is not clear as to which direction is the recited “longitudinal direction”.
Claim 25, line 9, recites “including a top portion of a hat portion”. This recitation is indefinite as it is unclear whether these are the same top portion and hat portion recited earlier in the claim or if these are new or additional structures.
Claim 25 recites “formed by overlapping the flange portion and the top portion in a thickness direction”. This recitation is indefinite as, without further reference points, it is not clear which direction is a thickness direction (i.e. thickness of the material or possible a width direction of the flange of hat).
Claim 25 recites the limitation "the hat portions” in line 5.
Claim 25 recites the limitation "the top portion” in line 6.
There is insufficient antecedent basis for these limitations in the claim.
Dependent claims 21-24 do not act to cure the deficiencies of parent claim 20 and are thereby rejected for at least the same rationale.
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 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.
Claim 25 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsubaki et al. (US 20220258802).
Regarding claim 25: Tsubaki discloses an impact absorbing member (Fig. 16; abstr.; [0011]). Tsubaki discloses forming a plurality of closed cross-sectional profile configurations coupled by connecting segments in only a longitudinal direction portion (Figs. 16, 17) Tsubaki discloses that the plurality of closed cross-sectional profile configurations are formed by combining at least three closed cross-sectional profile constituting halves in such a manner that there are closed cross-sectional profile constituting halves having convex directions of the hat portions opposite to each other (Figs. 16, 17) Tsubaki discloses overlapping and joining the top portion of the hat portion of one closed cross-sectional profile constituting half with the flange portion of another closed cross-sectional profile constituting half such that the closed cross-sectional profile configuration extends in the longitudinal direction (Figs. 16, 17) Tsubaki discloses the closed cross-sectional profile constituting half having a hat-shaped cross-section including a top portion of a hat portion, a pair of inclined walls, a pair of recesses each including the inclined wall, and a pair of flange portions (Figs. 16, 17) Tsubaki discloses the longitudinal direction being a direction in which the flange portion protrudes from the hat portion (Figs. 16, 17) Tsubaki discloses the closed cross-sectional profile configuration including upper and lower recesses each formed in part by the inclined wall of the hat portion (Figs. 16, 17) Tsubaki discloses the connecting segment being formed by overlapping the flange portion and the top portion in a thickness direction (Figs. 16, 17) Tsubaki discloses the closed cross-sectional profile configuration includes the connecting segment between the closed cross-sectional profile configuration and an adjacent hollow body which has a prismatic shape and which extends in a direction perpendicular to the longitudinal direction (Figs. 16, 17) Tsubaki discloses a plurality of connecting segments are arranged in the longitudinal direction (Figs. 16, 17) Tsubaki discloses the hollow body forms a closed cross-sectional profile with the upper and lower recesses (Figs. 16, 17) Tsubaki discloses each of an upper side and a lower side of the closed cross-sectional profile includes at least two corner ridges extending in a direction perpendicular to the longitudinal direction (Figs. 16, 17).
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 of this title, 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 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubaki et al. (US 20220258802) in view of Miyazawa et al. (US 20220355656).
Tsubaki discloses the invention substantially as claimed and as discussed above.
Regarding claim 20: Tsubaki discloses a method for manufacturing an impact absorbing member (Fig. 16; abstr.; [0011]). Tsubaki discloses forming a member constituting a half of a closed cross-sectional profile into a part having a hat-shaped cross-section including a top portion of a hat portion, a pair of inclined walls, a pair of recesses each including the inclined wall, and a pair of flange portions (Fig. 16). Tsubaki does not explicitly disclose that the forming is by press-forming a steel plate blank into a part having a hat-shaped cross-section including a top portion of a hat portion, a pair of inclined walls, a pair of recesses each including the inclined wall, and a pair of flange portions. Miyazawa discloses that forming is by press-forming a steel plate blank into a reinforcement member part ([0037]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured Tsubaki so that the apparatus is formed by press-forming a steel plate, as taught by Miyazawa, so as to form a hat-shaped cross-section including a top portion of a hat portion, a pair of inclined walls, a pair of recesses each including the inclined wall, and a pair of flange portions. As both Tsubaki and Miyazawa are directed to forming a reinforcement member, as Tsubaki is silent regarding press forming but does not preclude such, as press-forming automobile parts is well known in the art, and as Miyazawa explicitly discloses press forming a steel plate, it would have been within routine skill to have selected a desired manufacturing process from a finite selection of manufacturing process suitable for a vehicle manufacturing (i.e. pressing, forging, and extruding). Such a simple substitution/addition and configuration would have been predictable with a reasonable expectation for success and with no unexpected results.
Tsubaki discloses forming a plurality of closed cross-sectional profile configurations coupled by connecting segments in only a longitudinal direction, which is a direction in which the flange portion protrudes from the hat portion (Figs. 16, 17) Tsubaki discloses combining at least three closed cross-sectional profile constituting halves in such a manner that there are the closed cross-sectional profile having convex directions of the hat portions opposite to each other (Figs. 16, 17) Tsubaki discloses overlapping and joining the top portion constituting half of the hat portion of one closed cross-sectional profile constituting half with the flange portion of another closed cross-sectional profile constituting half such that the closed cross-sectional profile configuration extends in the longitudinal direction (Figs. 16, 17) Tsubaki discloses that the closed cross-sectional profile configuration includes upper and lower recesses each formed in part by the inclined wall of the hat portion (Figs. 16, 17) Tsubaki discloses the connecting segment being formed by overlapping the flange portion and the top portion in a thickness direction (Figs. 16, 17) Tsubaki discloses that the closed cross-sectional profile configuration includes the connecting segment between the closed cross-sectional profile configuration and an adjacent hollow body which has a prismatic shape and which extends in a direction perpendicular to the longitudinal direction (Figs. 16, 17) Tsubaki discloses a plurality of connecting segments are arranged in the longitudinal direction and the hollow body forms a closed cross-sectional profile with the upper and lower recesses (Figs. 16, 17) Tsubaki discloses each of an upper side and a lower side of the closed cross-sectional profile includes at least two corner ridges extending in a direction perpendicular to the longitudinal direction (Figs. 16, 17).
Regarding claim 21: Tsubaki discloses that at least one of, a stepped-shape, a minuscule recess, two or more small second recesses, a raised portion, and a shape recessed to form a V-shape in cross-section, is added to the recess (Figs. 16, 17).
Regarding claim 22: Tsubaki discloses that the impact absorbing member includes a fixing member 23, 24 which protrudes outward from the inclined wall of an opposing hat portion of the closed cross-sectional profile constituting half of the impact absorbing member (Figs. 16, 17).
Regarding claim 23: Tsubaki discloses joining an impact absorbing member formed by the method according to claim 1 to an outer side sill 21 and joining the outer side sill, to which the impact absorbing member is joined, and an inner side sill 22 (Figs. 16, 17; abstr.; [0011], [0052], [0054]).
Regarding claim 24: Tsubaki discloses joining an impact absorbing member formed by the method according to claim 1 to an outer side sill 21 and joining the outer side sill, to which the impact absorbing member is joined, and an inner side sill 22 (Figs. 16, 17; abstr.; [0011], [0052], [0054]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taras P Bemko/
Primary Examiner, Art Unit 3672
9/14/2026
Prosecution Insights