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 .
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NPL document “In Model Y, Tesla replaces 70 underbody parts with one casting” (applicant cited, here after Model Y).
Regarding Claim 1, Model Y discloses an integrated energy absorbing system for a vehicle formed from a unitary cast metal part (see paragraph 1, going from 70 parts to one casting) and comprising: a left wheel well and a right wheel well connected by a transverse support (see 1st annotated Fig. below); and a first crumple zone adjacent to the left wheel well and a second crumple zone adjacent to the right wheel well (see 2nd annotated Fig. below).
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Regarding Claims 2 and 19, the metal part is a single casting (see paragraph 1, going from 70 parts to one casting).
Regarding Claims 3 and 17, the casting includes a vehicle mount to a cabin frame (see annotated Fig. 1 above).
Regarding Claims 4 and 18, Model Y discloses a second connection to a vehicle body panel or bumper (rear of wheel wells connect to the body panels).
Regarding Claims 5, 10 and 15, the crumple zones include energy absorbing components (ribbed structure) and backup structure integrated therein through a single casting process (backup structure is the rear end of the casting that attaches to the rear of the vehicle).
Regarding Claims 6, 11 and 16, Model Y discloses an integrated energy absorbing system for a vehicle formed from a unitary cast metal part (see paragraph 1, going from 70 parts to one casting) and comprising: a left wheel well and a right wheel well connected by an intermediary support (see 1st annotated Fig. above); at least one mount to a vehicle cabin frame; a second connection to a vehicle body panel or bumper (rear of wheel wells connect to the body panels); and a first crumple zone adjacent to the left wheel well and a second crumple zone adjacent to the right wheel well (see 2nd annotated Fig. above).
Regarding Claims 7 and 12, the wheel wells are left and right wheel wells (see annotated Fig. 1 above).
Regarding Claim 8, the intermediary support is transverse (see annotated Fig. 1 above).
Regarding Claims 9 and 20, the crumple zones (wheel well ribbed sections) are configured to absorb impact energy via deformation.
Regarding Claim 13, the transverse support connects the left/right wheel wells (see annotated Fig. 1 above).
Regarding Claim 14, the crumple zones in the wheel wells (annotated Fig. 2 above) are formed as part of the casting.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-8, 11-14 and 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,503,165. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of the ‘165 application is narrower than the independent claims of the present application. Claim 1 of the ‘165 patent discloses each and every limitation of Claims 1-4, 6-8, 11-14 and 16-19 of the present application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612
