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 .
Response to Amendment
Applicant’s amendment to Claims 1, 9 and 17 is supported by at least: Page 5, Line 31.
Claim Interpretation
Claims 1, 9 and 17 have been amended in the response dated 01/23/2026 to recite “about 180 to form a turnover”. There term “turnover” is not defined in the specification and not specifically indicated in the drawings. It is unclear currently if Fig. 2 is showing a turnover and that two 90 degree bends in a sheet of material form a “turnover” as claimed.
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, 7-9, 11-13 and 16-17 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.
Claims 1, 9 and 17 recite “nearly and up to 180⁰”. The term “nearly” is a relative term which renders the claim indefinite. The term “nearly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The 180⁰ limitation is supported by Page 3, Line 25 which discloses “up to 180⁰”; Page 4, Line 8 which discloses “=180⁰”; and Page 5, Line 31 which discloses “nearly 180⁰”. None of these disclosures in the originally filed specification define the term “nearly” and the required proximity to 180⁰ to meet the claims.
Response to Arguments
Applicant’s arguments, see remarks, filed 07/20/2026, with respect to the 103 rejection(s) have been fully considered and are persuasive. The rejections under 35 USC 103 have been withdrawn.
Allowable Subject Matter
Claims 1-5, 7-9, 11-13 and 16-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The most relevant prior art found during the search and consideration period for the application does not teach, or in combination, obviate the limitations of Claim 1, 9 or 17.
While the prior art provides teachings of forming automotive components from steel material having the required strength (See US20070107819A1 (¶0012); US20180370578A1 (¶0026); US5882064A (Col. 4 , Lines 55-60)); making automotive boxes out of sheet material (See US4869539A (Figure 1); US5882064A (Figure 3); US20180370578A1 (¶0042); US20180229593A1 (Figure 1); US20170331086A1 (abs); US20190074496A1 (Figure 1)); and bending materials such that the bends amount to 180 degrees (See US20020184936A1 (Figure 10d); US20150037534A1 (Figures 8-9); US20180170448A1 (Figure 1)); the claims also require a specific L7E-class vehicle having specified weight and dimensions that was not found in the prior art in combination with the well-known strength, battery box, and bending teachings. DE102013005918A1 discloses a battery (21) below the driver seat of an L7E vehicle, but does not disclose the required dimensions as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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