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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/522,733
`
`07/26/2019
`
`MOHAMMED SHENAQ
`
`84159290(65080-3376)
`
`8363
`
`Bejin Bieneman PLC
`Ford Global Technologies, LLC
`2000 Town Center
`ste 80
`Southfield, MI 48075
`
`MORROW,JASON S
`
`ra
`
`3612
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/03/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`docket @b2iplaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-20 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(2 The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 7/26/2019 is/are: a)¥) accepted or b)L) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 7/26/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210219
`
`Application No.
`Applicant(s)
`16/522 ,733
`SHENAQetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Jason S Morrow
`3612
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AJA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`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
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`statutory basis for the rejection will not be considered a new ground ofrejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same undereither status.
`
`3.
`
`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 personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, 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.
`
`4,
`
`Claims 1-3, 7, 8, 10-12, and 20 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Ota (Japanese Patent Publication 406247237-A).
`
`Re claim 1, Ota discloses a bumper assembly comprising a bumper beam (4) elongated in
`
`a cross-vehicle direction; and a bumperthatis plastic (the thinner forward portion of 1 excluding
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`4), the bumper being elongated in the cross-vehicle direction and affixed to the bumper beam,
`
`the bumper beam beingrigid relative to the bumper (the bumper beam is morerigid due toits
`
`increased thickness); the bumperdefining a cavity (3a, 3b, 3c) enclosed by the bumper, the
`
`cavity being elongated in the cross-vehicle direction.
`
`Re claim 2, the bumperincludes an air intake elongated in the cross-vehicle direction.
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 3
`
`Reed
`
`
`
`Agintake
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`Re claim 3, the bumper includes an upper beam (forming 3a) abovethe air intake and a
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`lower beam (forming 3c) below theair intake, the cavity being defined by the lower beam and
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`the upper beam, and the upper beam and the lower beam being monolithic (see figure 3).
`
`Re claim 7, the bumper includes an upper beam and a lower beam spaced from the upper
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`beam, the lower beam defining the cavity (3c).
`
`Upper Beam
`
` Py ghtRee
`
`Avintake
`
`Re claim 8, the bumper beam (4) abuts the upper beam and the lower beam (as shownin
`
`figure 3).
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 4
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`Re claim 10, the lower beam has an upper end and a lower end andincreasesin thickness
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`in a vehicle-rearward direction toward the lower end (see the annotated figure below).
`
`(Sd3 ]
`
` increasing Thickness
`
`Direction
`
`Sa, 2b, 8c : REFER
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 5
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`Re claim 11, the cavity increases in thickness in the vehicle-rearward direction toward the
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`lower end of the lower beam (see the annotated figure above).
`
`Re claim 12, the bumper has a lower end and the cavity increasesin thickness to the
`
`lower end (see the annotated figure above).
`
`Re claim 20, the bumper is blow molded (see paragraph 0010 of the machinetranslation).
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`6.
`
`Claim 1, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tejima
`
`et al. (Japanese Patent Publication 411115654A).
`
`Re claim 1, Tejimaet al. discloses a bumper assembly comprising a bumper beam (51,
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`52) elongated in a cross-vehicle direction; and a bumper(A)that is plastic, the bumper being
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`elongated in the cross-vehicle direction and affixed to the bumper beam (by4 andtherestof the
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`vehicle structure), the bumper defining a cavity (the lowest O in figure 1) enclosed by the
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`bumper, the cavity being elongated in the cross-vehicle direction.
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`Re claim 7, the bumper includes an upper beam and a lower beam spaced from
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`the upper beam, the lower beam defining the cavity (see the annotated figure below).
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`

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`Page 6
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`Application/Control Number: 16/522,733
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`Art Unit: 3612
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`Re claim 12, the bumper has a lower end and the cavity increases in thickness to
`
`the lower end (see the annotated figure above).
`
`Tejima et al. does not disclose the bumper beam beingrigid relative to the
`
`bumper, the bumper beam being metal.
`
`The examinertakes Official Notice that the use of metal for bumper beamsis old
`
`and well knownin theart.
`
`It would have been obvious to one of ordinary skill in the art before the earliest
`
`effective filing date of the claimed invention to construct a bumper beam, suchasthat
`
`disclosed by Tejimaet al., to be made of metal and thus morerigid relative to the bumper
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`since it has been held to be within the general skill of a workerin theart to select a
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 7
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`known material on the basis of its suitability for the intended use as a matter of obvious
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`design choice. See In re Leshin, 125 USPQ 416 (CCPA 1960).
`
`7.
`
`Claims4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ota (Japanese
`
`Patent Publication 406247237-A) in view of Tashiro et al. (US Patent 2015/0136512).
`
`Ota discloses all the limitations of the claims, as applied above, except for the bumper
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`including lamp compartments between the upper beam and the lower beam and the bumper
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`including lamp compartments above the cavity.
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`Tashiro et al. teaches a bumper including lamp compartments (10d) between an upper
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`beam and a lower beam, and the bumperincluding lamp compartments above the cavity (see the
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`annotated figure below).
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`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
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`Page 8
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`FIG. 1
`
`Lew Lamp
`Compartments
`4
`
`
`
`Lower Beam
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`It would have been obvious to one of ordinary skill in the art before the earliest effective
`
`filing date of the claimed invention to modify a bumper, such asthat disclosed by Ota, to have
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`lamp compartments between the upper beam and the lower beam and the bumperincluding
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`lamp compartments above the cavity, as taught by Tashiroet al., in order to provide an aesthetic
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`placementfor the running lights of a vehicle.
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`8.
`
`Claims 13, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ota
`
`(Japanese Patent Publication 406247237-A).
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 9
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`Ota discloses all the limitations of the claims, as applied above, except forat least a
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`portion of the cavity at the lower end being greater than 30 mm in a vehicle-rearward direction,
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`the bumperhas a class-A surface, and the bumperhaving a reference height less than 500 mm.
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`The examiner takes Official Notice that bumpers having class-A surface are old and well
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`knownin theart.
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`It would have been obvious to one of ordinary skill in the art before the earliest effective
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`filing date of the claimed invention to modify a bumper, suchas that disclosed by Ota, to have a
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`class-A surface, as is old and well knowninthe art, in order to provide an aesthetically appealing
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`bumperthe vehicle.
`
`It would have been obvious to one of ordinary skill in the art before the earliest effective
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`filing date of the claimed invention to modify a portion of the cavity at the lower end to be
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`greater than 30mm in a vehicle-rearward direction and the bumperto have a reference heightless
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`than 500mm,since such a modification would having involved a mere changein the size of a
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`component. A changein size is generally recognized as being within the level of ordinary skill
`
`in the art. See In re Rose, 105 USPQ 237 (CCPA 1955).
`
`9.
`
`Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ota
`
`(Japanese Patent Publication 406247237-A) in view of Grattan et al. (US Patent 10,836,442).
`
`Ota discloses all the limitations of the claims, as applied above, except a skid plate
`
`abutting the bumper below the lower bumper beam and extending from the bumperin a vehicle-
`
`rearward direction.
`
`Grattan teaches a skid plate (12) abutting a bumper below a lower bumper beam and
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`extending from the bumperin a vehicle-rearward direction (as shownin figures 1 and 2).
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 10
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`It would have been obvious to one of ordinary skill in the art before the earliest effective
`
`filing date of the claimed invention to modify a bumper assembly, such as that disclosed by Ota,
`
`to have a skid plate abutting the bumper below the lower bumper beam and extending from the
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`bumperin a vehicle-rearward direction, as taught by Grattan, in order to protect the bottom of the
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`vehicle.
`
`10.
`
`Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ota
`
`(Japanese Patent Publication 406247237-A) in view of Shen et al. (US Patent Application
`
`Publication 2019/0061678A1).
`
`Ota does not disclose the cavity being aligned with a knee of a pedestrian impacttest leg
`
`form.
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`Shenet al. teaches a bumper (40, figure 8) aligned with a knee of a pedestrian impacttest
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`leg form.
`
`It would have been obvious to one of ordinary skill in the art before the earliest effective
`
`filing date of the claimed invention to modify a bumper, suchas that disclosed by Ota, to have
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`the bumper, and thus the cavity, be aligned with a knee of a pedestrian impact test leg form, as
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`taught by Shenetal., in order to protect a pedestrian from incurring more injury than necessary if
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`contacted by the vehicle.
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`Conclusion
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`11.
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
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`disclosure. The cited referencesall disclose vehicle bumperstructures.
`
`

`

`Application/Control Number: 16/522,733
`Art Unit: 3612
`
`Page 11
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`12.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Jason S Morrow whosetelephone numberis (571)272-6663. The
`
`examiner can normally be reached on Mondaythrough Friday, 7:30 a.m.-5:00 p.m..
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Glenn Dayoan can be reached on (571)272-6659. The fax phone numberfor the
`
`organization where this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`
`1000.
`
`JASON S MORROW/
`Primary Examiner, Art Unit 3612
`
`February 24, 2021
`
`