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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/23/2026 has been entered.
Response to Amendment
Applicant’s amendment to Claims 1, 9 and 17 is supported by at least: Page 7 Lines 29-33 and Page 8 Lines 1-6; Page 4 Lines 8-9.
Applicant’s amendment to Claim 5 is supported by at least Page 8 Lines 17-18.
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 1, 9 and 17 recite “in the previously defined bend forming, to an angle a of about 180 to form a turnover”. This is interpreted as at least one of the bends during the bend forming being about 180 degrees.
Claim Objections
Claim 5 is no longer objected to.
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 “about 180⁰”. The term “about” is a relative term which renders the claim indefinite. The term “about” 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 “about” and the required proximity to 180⁰ in the claims. The term “about” was not found in a search of the text of the specification.
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.
Claims 1-3, 5, 11-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hielscher (US20190074496A1) in view of Emmons (US5882064A), further in view of Lang (US20180170448A1).
Claim 1
Hielscher teaches a method for manufacturing a load-bearing structure of a land-based automotive vehicle (Applicant defines “load-bearing structure” later in the claim as a battery compartment. Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) comprising: using bend forming as the forming procedure for >50% of the load-bearing structure manufactured out of metallic flat materials (¶0015 teaches the use of a steel sheet. Figure 2 shows a blank (6) sheet of material that is folded to form the tray (1) as shown in Figure 1.); whereby the load-bearing structure is defined as a battery compartment of the land-based automotive vehicle (Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) wherein the land-based automotive vehicle is an L7E-vehicle class as defined by European Union standard 2007/46/EG, has an empty weight of< 550 kg with battery weight excluded, a width of< 1500 mm, and a length of 2000 mm (The land-based automotive vehicle is not positively recited in the claim and the claim pertains to a load-bearing structure of said vehicle, not the vehicle itself. Therefore, since the battery carrier of Hielscher is suitable for use with the claimed vehicle type this limitation is met by the prior art disclosure.); and whereby the bend forming is carried out as a multi-edged forming process for >50% of the metallic flat materials on > 2 edges per sheet of flat material (Figure 2 shows that the blank (6) sheet has a fold area on greater than two of the edges.); characterized in that the metallic flat material is a single layer structure. (¶0038 teaches the tray (1) is made from a blank plate (6). This is a single layer of steel sheet (¶0015).)
Hielscher does not explicitly disclose that the material has a thickness < 6.0 mm and characterized in that the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa.
However, Emmons teaches forming vehicle components by bending/folding a steel plate (Col. 4, Lines 45-60 teach the formation of modules for the passenger vehicle is done with stainless steel.) having a thickness < 6.0 mm (Col. 4, Lines 55-60 teach the use of 1mm to 2mm thick materials.) and characterized in that the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa. (Col. 4, Lines 55-60 teach the yield strength of the stainless steel material is 120,000 psi, or 827MPa.)
One of ordinary skill would have been motivated to substitute the known stainless steel material of Emmons for the steel plate material of Hielscher in order to use a material that has high strength, ductility and toughness. (See Emmons Col. 4, Lines 45-49). Additionally, the use of stainless steel is known to prevent corrosion/rust from occurring. Hielscher, ¶0002 teaches that battery carriers are exposed to external weather influences, so using stainless steel would be advantageous for rust/corrosion resistance.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the known stainless steel material of Emmons for the steel plate material of Hielscher because it has been held to be prima facie obvious to substitute one known element for another to yield predictable results. See MPEP 2143(I)(B).
Hielscher in view of Emmons does not disclose that the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover.
However, Lang teaches an automotive component manufacturing method where the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover. (Figure 1 teaches a joining flange (111) at the edge of the workpiece that is formed by bending a steel sheet material (¶0024) 180 degrees.)
One of ordinary skill would have been motivated to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Emmons in order to use a technique to strengthen the edge portion to increase the load capacity of the fastening region. (See Lang ¶0024)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Emmons because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the edges of the battery carrier in Hielscher in view of Emmons will have the turnover flange applied thereto during the manufacturing process.
Claim 2
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to the claim 1, characterized in that the metallic flat material has a thickness <3.0mm. (Emmons Col. 4, Lines 55-60 teach the use of 1mm to 2mm thick materials.)
Claim 3
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the metallic flat material, prior to bend forming, is cut from a coil, a strip, a plate, a sheet, a blank, a contoured or shaped sheet, or a panel. (Hielscher, ¶0015 teaches the starting material (prior to bend forming) is part of a sheet metal plate.)
Claim 5
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the metallic flat material is a strain-hardening austenitic stainless steel. (Emmons Col. 4, Lines 45-60 teach the formation of modules for the passenger vehicle is done with stainless steel. Lines 55-56 teach that the steel is an austenitic stainless steel that is cold rolled to increase the strength.)
Claim 11
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the land-based automotive vehicle is a bus, a taxi or a people mover. (Hielscher, ¶0001-0002 teach that the invention pertains to an electric motor vehicle, which is a people mover.)
Claim 12
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle car according to claim 1, characterized in that the land-based automotive vehicle is used as a battery electric vehicle (BEV), a fuel cell vehicle (FCV), or a hybrid vehicle. (Hielscher, ¶0001-0002 teach that the invention pertains to an electric motor vehicle, which is a battery electric vehicle.)
Claim 13
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the load-bearing structure is used for a land-based freight transport vehicle selected from the group consisting of: a van, a pick-up, a post office vehicle, a last-mile transportation vehicle or a vehicle body of a platform truck. (Hielscher, ¶0001-0002 teach that the invention pertains to an electric motor vehicle, which is a battery electric vehicle. Said vehicle can carry freight for last-mile transportation.)
Claim 16
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the metallic flat material is a cold-hardened stainless steel. (Emmons Col. 4, Lines 55-57 teach the stainless steel is cold rolled.)
Claim 17
Hielscher teaches a method for manufacturing a load-bearing structure of a land-based automotive vehicle (Applicant defines “load-bearing structure” later in the claim as a battery compartment. Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) comprising: using bend forming as the forming procedure for >50% of the load-bearing structure manufactured out of metallic flat materials (¶0015 teaches the use of a steel sheet. Figure 2 shows a blank (6) sheet of material that is folded to form the tray (1) as shown in Figure 1.); whereby the load-bearing structure is defined as a battery compartment of the land-based automotive vehicle (Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) wherein the land-based automotive vehicle is an L7E-vehicle class as defined by European Union standard 2007/46/EG, has an empty weight of< 550 kg with battery weight excluded, a width of< 1500 mm, and a length of 2000 mm (The land-based automotive vehicle is not positively recited in the claim and the claim pertains to a load-bearing structure of said vehicle, not the vehicle itself. Therefore, since the battery carrier of Hielscher is suitable for use with the claimed vehicle type this limitation is met by the prior art disclosure.) and whereby the bend forming is carried out as a multi-edged forming process for >50% of the metallic flat materials on > 2 edges per sheet of flat material (Figure 2 shows that the blank (6) sheet has a fold area on greater than two of the edges.); characterized in that the metallic flat material is a single layer structure. (¶0038 teaches the tray (1) is made from a blank plate (6). This is a single layer of steel sheet (¶0015).)
Hielscher does not explicitly disclose that the material is stainless steel, has a thickness < 6.0 mm and characterized in that the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa.
However, Emmons teaches forming vehicle components by bending/folding a stainless steel plate (col. 4, Lines 45-60 teach the formation of modules for the passenger vehicle is done with stainless steel.) having a thickness < 6.0 mm (Col. 4, Lines 55-60 teach the use of 1mm to 2mm thick materials.) and characterized in that the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa. (Col. 4, Lines 55-60 teach the yield strength of the stainless steel material is 120,000 psi, or 827MPa.)
One of ordinary skill would have been motivated to substitute the known stainless steel material of Emmons for the steel plate material of Hielscher in order to use a material that has high strength, ductility and toughness. (See Emmons Col. 4, Lines 45-49). Additionally, the use of stainless steel is known to prevent corrosion/rust from occurring. Hielscher, ¶0002 teaches that battery carriers are exposed to external weather influences, so using stainless steel would be advantageous for rust/corrosion resistance.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the known stainless steel material of Emmons for the steel plate material of Hielscher because it has been held to be prima facie obvious to substitute one known element for another to yield predictable results. See MPEP 2143(I)(B).
Hielscher in view of Emmons does not disclose that the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover.
However, Lang teaches an automotive component manufacturing method where the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover. (Figure 1 teaches a joining flange (111) at the edge of the workpiece that is formed by bending a steel sheet material (¶0024) 180 degrees.)
One of ordinary skill would have been motivated to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Emmons in order to use a technique to strengthen the edge portion to increase the load capacity of the fastening region. (See Lang ¶0024)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Emmons because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the edges of the battery carrier in Hielscher in view of Emmons will have the turnover flange applied thereto during the manufacturing process.
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hielscher (US20190074496A1) in view of Emmons (US5882064A) and Lang (US20180170448A1), further in view of Frehn (US20180222536A1).
Claim 4
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, wherein the material used is stainless steel.
Hielscher in view of Emmons and Lang does not disclose a blank metallic surface without an additional painting or cathodic dip coating.
However, Frehn teaches a blank metallic surface without an additional painting or cathodic dip coating.
However, Frehn teaches a blank metallic surface without an additional painting or cathodic dip coating. (¶0010 and ¶0016 teach that the stainless steel material does not need additional dip coating or painting and that there is no additional coating step prior to the installation on the vehicle.)
One of ordinary skill would have been motivated to use the known lack of coating step technique from Frehn to the manufacturing method of Hielscher in view of Emmons and Lang in order to reduce the number of steps in the process and expedite the manufacturing. It is noted that the reason for a lack of dip coating or painting in Frehn is due to the stainless steel material. Since the combination of Hielscher in view of Emmons and Lang teaches the use of stainless steel, this lack of painting/coating technique is applicable to the method.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known lack of coating step technique from Frehn to the manufacturing method of Hielscher in view of Emmons and Lang because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
Claim 7
Hielscher in view of Emmons and Lang teaches the method for manufacturing a load bearing structure of a passenger car according to Claim 1.
Hielscher in view of Emmons and Lang does not explicitly disclose the blank is a flexible rolled product.
However, Frehn teaches the blank is a flexible rolled product. (¶0017 teaches the material is manufactured as a tailor rolled blank.)
One of ordinary skill would have been motivated to use the known tailor rolled or welded production technique from Frehn to the manufacturing method of Hielscher in view of Emmons and Lang in order to create a motor vehicle component that has different wall thicknesses and/or material properties in different regions. (Frehn ¶0017)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known tailor rolled or welded production technique from Frehn to the manufacturing method of Hielscher in view of Emmons and Lang because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Frost (US20180370578A1) in view of Frohlich (WO2016097186A1), further in view of Lang (US20180170448A1).
Claim 9
Frost teaches a method for manufacturing a load-bearing structure of a land-based automotive vehicle (¶0042 teaches the components can be chassis components including a battery box.) comprising: using bend forming as the forming procedure for >50% of the load-bearing structure (¶0044-0048 teaches the method, where hot forming (a specific type of bending) is used as the only “forming” procedure.) manufactured out of metallic flat materials (¶0045 teaches the starting material is a sheet metal blank.) having a thickness < 6.0 mm (¶0031 teaches the thickness is between 1.7 and 3.5mm.); whereby the load-bearing structure is defined as a battery compartment of the land-based automotive vehicle (¶0042); wherein the land-based automotive vehicle is an L7E-vehicle class as defined by European Union standard 2007/46/EG, has an empty weight of< 550 kg with battery weight excluded, a width of< 1500 mm, and a length of 2000 mm (The land-based automotive vehicle is not positively recited in the claim and the claim pertains to a load-bearing structure of said vehicle, not the vehicle itself. Therefore, since the battery carrier of Frost is suitable for use with the claimed vehicle type this limitation is met by the prior art disclosure.) and whereby the bend forming is carried out as a multi-edged forming process for >50% of the metallic flat materials on > 2 edges per sheet of flat material (¶0044-0048 teach that the hot forming (a bending step) is 100% of the “forming”. ¶0042 teaches the battery “box” is formed, which has more than two sides bent since it is a box. Figure 1a shows a cross section of another bent (hot formed) product that is bend on at least two sides.); characterized in that the metallic flat material is a high strength steel (¶0008) with a yield strength Rpo.2 > 400MPa (¶0026).
Frost does not disclose the metallic flat material is a steel-polymer-composite structure.
However, Frohlich teaches a metallic flat material that is a steel-polymer-composite structure (Page 9, Lines 15-16 teach the use of a polymer material in between two metal layers. The metal layers can be stainless steel (Page 8, Lines 1-4).) and meets all of the strength requirements of Claim 9. (Applicant discloses, in Page 9, Lines 10-15, that the material in WO2016097186A1 fulfill the “described requirements” and can be used in bend-formed load bearing structures as metallic flat materials.)
One of ordinary skill would have been motivated to substitute the known stainless steel and polymer sandwich material of Frohlich for the material of Frost in order to use a material that provides reduced weight while maintaining stiffness and strength properties. (See Frohlich Page 1, Lines 10-15)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the known stainless steel and polymer sandwich material of Frohlich for the material of Frost because it has been held to be prima facie obvious to substitute one known element for another to yield predictable results. See MPEP 2143(I)(B).
The predictable result is that the battery compartment of Frost will be made using the material of Frohlich.
Frost in view of Frohlich does not disclose that the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover.
However, Lang teaches an automotive component manufacturing method where the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover. (Figure 1 teaches a joining flange (111) at the edge of the workpiece that is formed by bending a steel sheet material (¶0024) 180 degrees.)
One of ordinary skill would have been motivated to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Frost in view of Frohlich in order to use a technique to strengthen the edge portion to increase the load capacity of the fastening region. (See Lang ¶0024)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Frost in view of Frohlich because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the edges of the battery carrier in Frost in view of Frohlich will have the turnover flange applied thereto during the manufacturing process.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hielscher (US20190074496A1) in view of Nierhoff (WO2018029168A1) (based on effectively filed date of 2016-08-12), further in view of Lang (US20180170448A1).
Claim 1
Hielscher teaches a method for manufacturing a load-bearing structure of a land-based automotive vehicle (Applicant defines “load-bearing structure” later in the claim as a battery compartment. Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) comprising: using bend forming as the forming procedure for >50% of the load-bearing structure manufactured out of metallic flat materials (¶0015 teaches the use of a steel sheet. Figure 2 shows a blank (6) sheet of material that is folded to form the tray (1) as shown in Figure 1.); whereby the load-bearing structure is defined as a battery compartment of the land-based automotive vehicle (Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) wherein the land-based automotive vehicle is an L7E-vehicle class as defined by European Union standard 2007/46/EG, has an empty weight of< 550 kg with battery weight excluded, a width of< 1500 mm, and a length of 2000 mm (The land-based automotive vehicle is not positively recited in the claim and the claim pertains to a load-bearing structure of said vehicle, not the vehicle itself. Therefore, since the battery carrier of Hielscher is suitable for use with the claimed vehicle type this limitation is met by the prior art disclosure.) and whereby the bend forming is carried out as a multi-edged forming process for >50% of the metallic flat materials on > 2 edges per sheet of flat material (Figure 2 shows that the blank (6) sheet has a fold area on greater than two of the edges.); characterized in that the metallic flat material is a single layer structure. (¶0038 teaches the tray (1) is made from a blank plate (6). This is a single layer of steel sheet (¶0015).)
Hielscher does not explicitly disclose that the material has a thickness < 6.0 mm.
However, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to size the thickness with the claimed dimension because applicant has not disclosed that having the thickness provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Hielshcer’s material, and applicant’s invention, to perform equally well with either the thickness taught by Hielscher or the claimed less than 6.0 mm because both plates/sheets of material would perform the same function of providing a thin sheet for bending/folding in order to form the desired battery compartment shape.
Therefore it would have been prima facie obvious to modify Hielscher to obtain the invention as specified in Claim 1 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Hielscher.
See also MPEP 2144.04, subsection IV. A. – change in size or proportion.
Hielscher does not explicitly disclose the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa.
However, Nierhoff teaches a battery box construction method (Line 260) using a metallic flat material that is a high strength steel with a yield strength Rpo.2 > 400MPa. (Lines 338-340)
One of ordinary skill would have been motivated to substitute the known high strength steel of Nierhoff for the steel of Hielscher in order to use a steel that provides a high yield strength while also allowing complex geometries of the steel. (See Lines 339-340 of Nierhoff)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the known high strength steel of Nierhoff for the steel of Hielscher because it has been held to be prima facie obvious to substitute one known element for another to yield predictable results. See MPEP 2143(I)(B).
Hielscher in view of Nierhoff does not disclose that the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover.
However, Lang teaches an automotive component manufacturing method where the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover. (Figure 1 teaches a joining flange (111) at the edge of the workpiece that is formed by bending a steel sheet material (¶0024) 180 degrees.)
One of ordinary skill would have been motivated to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Nierhoff in order to use a technique to strengthen the edge portion to increase the load capacity of the fastening region. (See Lang ¶0024)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Nierhoff because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the edges of the battery carrier in Hielscher in view of Nierhoff will have the turnover flange applied thereto during the manufacturing process.
Claim 8
Hielscher in view of Nierhoff and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the metallic flat material is hot-formed and manufactured by bend forming after the hot-forming. (Nierhoff, Line 264 teaches the steel material is hot-formable. This is interpreted as made from hot forming.)
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hielscher (US20190074496A1) in view of Kohsaka (US20190112682A1), further in view of Lang (US20180170448A1).
Claim 1
Hielscher teaches a method for manufacturing a load-bearing structure of a land-based automotive vehicle (Applicant defines “load-bearing structure” later in the claim as a battery compartment. Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) comprising: using bend forming as the forming procedure for >50% of the load-bearing structure manufactured out of metallic flat materials (¶0015 teaches the use of a steel sheet. Figure 2 shows a blank (6) sheet of material that is folded to form the tray (1) as shown in Figure 1.); whereby the load-bearing structure is defined as a battery compartment of the land-based automotive vehicle (Hielscher, ¶0008 teaches the invention pertains to a battery carrier for an electric motor. ¶0001 teaches the battery carrier is for an electric motor vehicle.) wherein the land-based automotive vehicle is an L7E-vehicle class as defined by European Union standard 2007/46/EG, has an empty weight of< 550 kg with battery weight excluded, a width of< 1500 mm, and a length of 2000 mm (The land-based automotive vehicle is not positively recited in the claim and the claim pertains to a load-bearing structure of said vehicle, not the vehicle itself. Therefore, since the battery carrier of Hielscher is suitable for use with the claimed vehicle type this limitation is met by the prior art disclosure.) and whereby the bend forming is carried out as a multi-edged forming process for >50% of the metallic flat materials on > 2 edges per sheet of flat material (Figure 2 shows that the blank (6) sheet has a fold area on greater than two of the edges.); characterized in that the metallic flat material is a single layer structure. (¶0038 teaches the tray (1) is made from a blank plate (6). This is a single layer of steel sheet (¶0015).)
Hielscher does not explicitly disclose that the material has a thickness < 6.0 mm and characterized in that the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa.
However, Kohsaka teaches an intermediate steel sheet material (¶0027) that has a thickness < 6.0 mm (¶0063) and characterized in that the metallic flat material is a high strength steel with a yield strength Rpo.2 > 400MPa. (Table 4 shows the steel sheets formed by the method have a yield strength as required by the claim.
One of ordinary skill would have been motivated to substitute the known steel sheet material of Kohsaka for the steel sheet material of Hielscher in order to provide a material that has a high tensile strength, low yield ratio, and good bending fatigue properties. (See ¶0019 of Kohsaka)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to substitute the known steel sheet material of Kohsaka for the steel sheet material of Hielscher because it has been held to be prima facie obvious to substitute one known element for another to yield predictable results. See MPEP 2143(I)(B).
Hielscher in view of Kohsaka does not disclose that the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover.
However, Lang teaches an automotive component manufacturing method where the metallic flat material is bent, in the previously defined bend forming, to an angle a of about 180 degrees to form a turnover. (Figure 1 teaches a joining flange (111) at the edge of the workpiece that is formed by bending a steel sheet material (¶0024) 180 degrees.)
One of ordinary skill would have been motivated to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Kohsaka in order to use a technique to strengthen the edge portion to increase the load capacity of the fastening region. (See Lang ¶0024)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known edge bending to form a turnover technique of Lang to the battery carrier manufacturing method of Hielscher in view of Kohsaka because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is the edges of the battery carrier in Hielscher in view of Kohsaka will have the turnover flange applied thereto during the manufacturing process.
Claim 8
Hielscher in view of Kohsaka and Lang teaches the method for manufacturing a load-bearing structure of a land-based automotive vehicle according to claim 1, characterized in that the metallic flat material is hot-formed (Kohsaka teaches the steel sheet is formed using hot rolling (¶0029 or ¶0069) as part of the production process.) and manufactured by bend forming after the hot-forming. (Kohsaka teaches that the hot rolled sheet is an intermediate component, meaning that further operations are completed using the steel sheet as a starting material. Hielscher teaches the use of a steel sheet for bend forming.)
Response to Arguments
Applicant’s arguments, see remarks, filed 01/23/2026, with respect to the rejection(s) of claims 1, 9 and 17 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in using Lang (US20180170448A1) to provide a teaching regarding the “turnover”.
Applicant's arguments filed 01/23/2026 in relation to the amendment further specifying the land-based automotive vehicle have been fully considered but they are not persuasive.
It is respectfully asserted that Claims 1, 9 and 17 are directed to a method of manufacturing a load-bearing structure of a land-based automotive vehicle, not the automotive vehicle itself. Therefore, as long as the prior art structures are suitable for use with the claimed L7E-vehicle, the limitation(s) are met by the prior art. Hielscher and Frost, which teach the claimed battery compartments, do not indicate the size of the battery compartment is larger than the claimed dimensions of the vehicle or that the compartment weighs more than the claimed weight of the vehicle. Based on this, the battery compartments in the prior art are capable of use with the claimed vehicle type.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 form.
Document
Date
Description
US20020184936A1
2002-04-04
Figure 10d teaches making a 180 degree bend in a metal sheet using a sheet of stainless steel (¶0056).
US20150037534A1
2012-04-23
Figures 8-9 teach the folding of a sheet material (1) with 180 degree bends (Figure 7). ¶0010 teaches that this bending allows for the edges to be less sharp and facilitates joining to other components.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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