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 Objections
Claim 2 is objected to because of the following informalities:
In claim 2, “the second region side” lack proper antecedent basis.
Appropriate correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Toyoya Kanaguchi et al. (JP2011136621), in view of ITO (U.S. 2021/0086842A1).
Regarding claim 1, Toyota Kanaguchi et al. disclose a vehicle body pillar structure (12, see figs. 1 and 2 and refer to abstract), the vehicle body pillar structure (12) comprising
two tubular portions (30A, 30B; see figs. 1-2 and refer to abstract) arranged side by side in a vehicle body front-rear direction of a vehicle (1; as shown in fig. 1), each of the two tubular portions (30A, 30B) extending in a direction of an axis along a vehicle body height direction of the vehicle (1; as shown in figs. 1-2), wherein
the vehicle body pillar structure (12) has
a first region (X or around “36”) where the two tubular portions (30A, 30B) are joined to each other on an upper side in the vehicle body height direction (as shown in fig. 2); and
a second region (around “37”) where the two tubular portions (30A, 30B) diverge and are spaced apart from each other on a lower side in the vehicle body height direction (as shown in fig. 2), and
each of the two tubular portions (30A, 30B) includes a metal plate (abstract: “front pillar tube 30A and a rear pillar tube 30B formed by…a metal tube”; also refer to page 2, para 12, lines 1-2: “front pillar tube 30A and a rear pillar tube 30B made of a metal square tubular member”) provided over the first region and the second region (as shown in figs. 1-2).
However, Toyota Kanaguchi et al. is silent to the vehicle body pillar structure using a fiber-reinforced resin composite material, wherein the two tubular portions are made of a fiber-reinforced resin.
ITO teaches a vehicle side body structure (1, fig. 1 and para 0022) comprising a center pillar (3, fig. 1) using a fiber-reinforced resin composite material (refer to abstract, para 0022, and 0026), wherein the center pillar comprises tubular portion made of a fiber-reinforced resin (refer to para 0030), wherein the center pillar also comprises a layer (49, fig. 4) made of a metal material (refer to para 0042). The fiber-reinforced resin has high rigidity and exhibits high strength with respect to compressive stress or tensile stress applied in an orientation direction of the fibers (refer to para 0003).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have substituted the material used in the vehicle body pillar structure, i.e., the two tubular portions of Toyota Kanaguchi et al. with a fiber-reinforced resin composite material, for the purpose of increasing rigidity and strength with respect to compressive stress or tensile stress applied in an orientation direction of the fibers, as taught by ITO (refer to para 0003).
Also, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Toyoya Kanaguchi et al. (JP2011136621), in view of ITO (U.S. 2021/0086842A1) as applied to claim 1 above and further in view of Ayuzawa et al. (U.S. 2017/0267290A1).
Regarding claim 2, the combination of Toyota Kanaguchi et al. and ITO teach all the features of this claim as applied to claim 1 above; Toyota Kanaguchi et al. further disclose wherein each of end portions of the two tubular portions (30A, 30B) on the second region side is fitted to a fitting portion provided in a side sill (11) of the vehicle (1, see fig. 1).
However, Toyota Kanaguchi et al., as modified by ITO fail to teach metal plate is fastened to the fitting portion by a fastening member.
Ayuzawa et al. teach a method of detachably joining/fastening a bottom portion of a center pillar (15, fig. 2) to a side sill (12) via a fastening member (54, 56; see figs. 1-4 and refer to para 0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted one type of fastening mechanism for another to achieve the predictable result of securing the center pillar to the side sill.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Makino Takanori (JP2003335262A), in view of ITO (U.S. 2021/0086842A1).
Regarding claim 5, Makino Takanori discloses vehicle body side structure (13, see fig. 1 and refer to para 0015), the vehicle body side structure (13) comprising:
a center pillar (13) comprising two tubular portions (18a, 18b; see fig. 2 and refer to para 0017) arranged side by side in a vehicle body front-rear direction of a vehicle (10; see figs. 1-2), each of the two tubular portions (18a, 18b) extending in a direction of an axis along a vehicle body height direction of the vehicle (see figs. 1-2), the center pillar (13) having:
a first region (18c) where the two tubular portions (18a, 18b) are joined to each other on an upper side in the vehicle body height direction (see fig. 2); and
a second region (lower region) where the two tubular portions (18a, 18b) diverge and are spaced apart from each other on a lower side in the vehicle body height direction (see fig. 2 and refer to para 0017), and
a side sill (12; see figs. 1 and 3; also refer to para 0015) disposed along the vehicle body front-rear direction (see fig. 1) and coupled to a lower portion of the center pillar (13; see figs. 1 and 3),
wherein a belt retractor (35; refer to para 0028-0031) is disposed in a space (30; see fig. 2 and refer to para 0028) between the two tubular portions (18a, 18b) in the second region (see fig. 2).
However, Makino Takanori is silent to the vehicle body pillar structure using a fiber-reinforced resin composite material, wherein the two tubular portions are made of a fiber-reinforced resin and each of the two tubular portions includes a metal plate provided over the first region and the second region.
ITO teaches a vehicle side body structure (1, fig. 1 and para 0022) comprising a center pillar (3, fig. 1) using a fiber-reinforced resin composite material (refer to abstract, para 0022, and 0026), wherein the center pillar comprises tubular portion made of a fiber-reinforced resin (refer to para 0030), wherein the center pillar also comprises a layer (49, fig. 4) made of a metal plate/material (refer to para 0042). The fiber-reinforced resin has high rigidity and exhibits high strength with respect to compressive stress or tensile stress applied in an orientation direction of the fibers (refer to para 0003).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have substituted the material used in the vehicle body pillar structure, i.e., the two tubular portions of Toyota Kanaguchi et al. with a fiber-reinforced resin composite material, for the purpose of increasing rigidity and strength with respect to compressive stress or tensile stress applied in an orientation direction of the fibers, as taught by ITO (refer to para 0003).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have each of the two tubular portions of Toyota Kanaguchi et al. includes a metal plate provided over the first region and the second region, as taught by ITO, for the purpose of increasing rigidity and strength and of the vehicle body side structure.
Also, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 3-4 and 6 are allowed.
Regarding claim 3, Toyota Kanaguchi et al. disclose a vehicle body pillar structure (12, see figs. 1 and 2 and refer to abstract), the vehicle body pillar structure comprising
two tubular portions (30A, 30B; see figs. 1-2 and refer to abstract) arranged side by side in a vehicle body front-rear direction of a vehicle (1; as shown in fig. 1), each of the two tubular portions (30A, 30B) extending in a direction of an axis along a vehicle body height direction of the vehicle (1; as shown in figs. 1-2),
wherein the vehicle body pillar structure (12) has
a first region (X or around “36”) where the two tubular portions (30A, 30B) are joined to each other on an upper side in the vehicle body height direction (as shown in fig. 2); and
a second region (around “37”) where the two tubular portions (30A, 30B) diverge and are spaced apart from each other on a lower side in the vehicle body height direction (as shown in fig. 2).
However, Toyota Kanaguchi et al. and Makino Takanori fail to teach:
the vehicle body pillar structure further comprises, in the first region, a first winding layer and a second winding layer comprising a continuous fiber wound around the two tubular portions and around the axis,
the first winding layer is provided from the first region to a first tubular portion of the two tubular portions in the second region, and
the second winding layer is provided from the first region to a second tubular portion of the two tubular portions other than the first tubular portion in the second region.
Regarding claim 6, Makino Takanori discloses a vehicle body side structure (13, see fig. 1 and refer to para 0015), the vehicle body side structure (13) comprising:
a center pillar (13) comprising two tubular portions (18a, 18b; see fig. 2 and refer to para 0017) arranged side by side in a vehicle body front-rear direction of a vehicle (10; see figs. 1-2), each of the two tubular portions (18a, 18b) extending in a direction of an axis along a vehicle body height direction of the vehicle (see figs. 1-2), the center pillar (13) having:
a first region (18c) where the two tubular portions (18a, 18b) are joined to each other on an upper side in the vehicle body height direction (see fig. 2); and
a second region (lower region) where the two tubular portions (18a, 18b) diverge and are spaced apart from each other on a lower side in the vehicle body height direction (see fig. 2 and refer to para 0017), and
a side sill (12; see figs. 1 and 3; also refer to para 0015) disposed along the vehicle body front-rear direction (see fig. 1) and coupled to a lower portion of the center pillar (13; see figs. 1 and 3), wherein
a belt retractor (35; refer to para 0028-0031) is disposed in a space (30; see fig. 2 and refer to para 0028) between the two tubular portions (18a, 18b) in the second region (see fig. 2).
However, Toyota Kanaguchi et al. and Makino Takanori fail to teach: the vehicle body side structure further comprises, in the first region, a first winding layer and a second winding layer, the first winding layer and the second winding layer each comprising a continuous fiber wound around the two tubular portions and around the axis,
the first winding layer is provided from the first region to a first tubular portion of the two tubular portions in the second region, and
the second winding layer is provided from the first region to a second tubular portion of the two tubular portions other than the first tubular portion in the second region.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rackham (U.S. 2003/0011206A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YANICK A AKARAGWE whose telephone number is (469)295-9298. The examiner can normally be reached M-TH 7:30-5:30.
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/YANICK A AKARAGWE/Primary Examiner, Art Unit 3672