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 § 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 1-5 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.
Regarding claim 1: claim 1 recites “the first inclined surface is inclined such that a portion located more upward or more downward toward an outer side in the vehicle width direction”. This limitation is indefinite because it is unclear what structure “a portion” refers to. In particular, the claim does not identify whether the “portion” is a portion of the first inclined surface, the exterior member, the headlamp, or another component of the claimed front structure. Further, the phrase “more upward or more downward toward an outer side in the vehicle width direction: does not clearly establish the positional or geometric relationship between the unidentified portion and the first inclined surface. Accordingly, one of ordinary skill in the art would not be able to ascertain with reasonable certainty the scope of the claimed positional relationship.
Regarding claim 1: claim 1 also recites “each of the pair of headlamps has a second inclined surface that is inclined along the first inclined surface”. The term “along” does not provide a sufficiently definite geometric relationship between the first inclined surface and the second inclined surface. it is unclear whether “along” requires the surfaces to be parallel, to have substantially the same inclination, to extend in corresponding directions, or merely to be positioned adjacent to one another. Thus, the scope of this limitation cannot be determined with reasonable certainty.
Claims 2-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent on rejected claim 1.
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 (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 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ostermann Thomas et al. (EP1977957A1).
Regarding claim 1, Ostermann Thomas et al. disclose a front structure of a vehicle (1; see fig. 1 and refer to para 0017) comprising:
a pair of headlamps (6; fig. 1 and para 0016) provided apart from each other in a vehicle width direction (see fig. 1);
an exterior member (see annotated fig. 1 below) provided between the pair of headlamps (6); and
a support member (4, 5, 8) located at a vehicle rear of the exterior member (at least a portion of support member 4, 5, 8, is located rear of the exterior member as seen in fig. 1) and configured to allow the pair of headlamps (6) and the exterior member (shown in fig. 1 below) to be attached (as shown in fig. 1, they are all attached to each other. No specific “attachment mechanism” has been claimed. Also refer to para 0021), wherein
the exterior member (see annotated fig. 1 below) has a first inclined surface (see annotated fig. 1 below) that comes into contact with the pair of headlamps (6) in the vehicle width direction (as shown in fig. 1),
each of the pair of headlamps (6) has a second inclined surface (see annotated fig. 1 below) that is inclined along the first inclined surface (see annotated fig. 1 below),
the first inclined surface (see annotated fig. 1 below) is inclined such that a portion located more upward or more downward toward an outer side in the vehicle width direction (see annotated fig. 1 below. Also see the 112b rejection above),
the support member (4, 5, 8) includes:
a body portion (5) to which the exterior member is attached (see annotated fig. 1 below);
a body fixing portion (4) that fixes the body portion to a vehicle body (the front end will be fixed to a vehicle body);
a pair of attachment portions (8) that are connected to both ends of the body portion (5) in the vehicle width direction (as shown in fig. 1) and to which the pair of headlamps (6) are attached (see fig. 1); and
a fastening portion (13; see fig. 3 and refer to para 0021) that fastens the attachment portions (8) to the body portion (5) at a position where the first inclined surface and the second inclined surfaces are in contact with each other (as shown in figs. 3-4), and
the support member (4, 5, 8) includes a support mechanism (15, 16; see figs. 3-4 and refer to para 0021) that allows a position change (see figs. 4-5) of the pair of attachment portions (8) with respect to the body portion (5) in the vehicle width direction in a state where the body portion (5) and the pair of attachment portions (8) are not fastened by the fastening portion (when not fastened by bolt 16; refer to para 0021-0027), and supports the pair of attachment portions (8) with respect to the body portion (5) by restricting the position change of the pair of attachment portions (8) with respect to the body portion (5) in a direction different from the vehicle width direction (as shown in figs. 3-5).
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Regarding claim 2, Ostermann Thomas et al. disclose wherein the support mechanism (15, 16; see figs. 3-4 and refer to para 0021) includes:
an elongated hole (“hole” in 5 receiving bolt 16; para 0023) that is provided in one of the body portion (5) and the pair of attachment portions and extends in the vehicle width direction (see fig. 3);
a hole (“hole” in “attachment portion 8” receiving bolt 16; refer to para 0021) that is provided in the other of the body portion and the pair of attachment portions (8);
a bolt (16) that is inserted into the elongated hole and the hole (see fig. 3); and
a nut (20, figs. 5, 7, and para 0030) that clamps the body (5) portion and the pair of attachment portions (8) in cooperation with the bolt (16; see figs. 5, 7, and refer to para 0030).
Regarding claim 3, Ostermann Thomas et al. disclose wherein each of the pair of attachment portions (8) includes:
an attachment portion body (see annotated fig. 8 below); and
at least one connection portion (see annotated fig. 8 below) that protrudes from the attachment portion body (see annotated fig. 8 below) toward the body portion (5; see fig. 3) in the vehicle width direction (see fig. 3),
the body portion (5) includes at least one guide groove portion (opening receiving connection portion shown in figs. 6 and 7; this is represented by “15” in fig. 3) that opens to a side surface of the body portion (5; see figs. 6-7) and extends in the vehicle width direction (see figs. 6-7), and to which the at least one connection portion is inserted (see figs. 6-7), the at least one guide groove portion is configured to guide movement of the at least one connection portion (see figs. 6-7) in the vehicle width direction by coming into contact with the at least one connection portion (see figs. 6-7) in the state where the body portion (5) and the pair of attachment portions (8) are not fastened by the fastening portion (when not fastened by bolt 16; refer to para 0021-0027), and the elongated hole (hole” in 5 receiving bolt 16) is provided in the at least one guide groove portion (see fig. 3).
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Regarding claim 4, Ostermann Thomas et al. disclose wherein a plurality of connection portions (see annotated fig. 8 showing 2) as the at least one connection portion and a plurality of guide groove portions as the at least one guide groove portions are spaced apart from each other in an up-down direction of the vehicle (see figs. 1-8).
Regarding claim 5, Ostermann Thomas et al. disclose a method for assembling the front structure of a vehicle (1; see fig. 1 and refer to para 0017) according to claim (see the rejection of claim 1 above), the method comprising:
supporting the pair of attachment portions (8) with respect to the body portion (5) by the support mechanism (15, 16; see figs. 3-4 and refer to para 0021);
attaching the exterior member (see annotated fig. 1 above) to the body portion (5);
attaching the pair of headlamps (6) to the pair of attachment portions (see fig. 1 and refer to para 0021);
bringing the first inclined surface (see annotated fig. 1 above) and the second inclined surfaces (see annotated fig. 1 above) into contact with each other by changing positions of the pair of attachment portions (8) with respect to the body portion in the vehicle width direction (see figs. 3-4 and 6-7);
fastening the pair of attachment portions (8) to the body portion (5) by the fastening portion (13; see fig. 3 and refer to para 0021); and
fixing the body portion (5) to the vehicle body via the body fixing portion (4; the front end will be fixed to a vehicle body).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lopez (U.S. 8,931,824B2), Crane (U.S. 8,104,827B2), Huber et al. (U.S. 7,644,966B2), Huber et al. (U.S. 7,540,550B1), and Sub (U.S. 7,419,208B2).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (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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/YANICK A AKARAGWE/Primary Examiner, Art Unit 3672
