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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-16, 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
More specifically, Claim 1 and 16 now include the limitation, “wherein the mounting bracket is configured to be fixed to or detached from the chassis cross member independently of the fastening bolt.” The terms “independent,” and “independently” do not appear within the specification. The closest descriptions to this are the previously claimed “[0046] mounting bracket 5 detachably mounted to the lower side of the chassis cross member 3,” and “[0047] the mounting bracket 5 is detachably provided between the battery case 7 and the chassis cross member 3,so that when the mounting bracket 5 is damaged by repetitive replacement of the battery case 7, it may be easily replaced.” To the extent this limitation is understood, this appears to be intended to mean that the mounting bracket contains an additional fastening location, such as the side hole 49 shown in Fig. 4 of the present specification, in addition to the fastening bolt. This is supported by the premise that a mounting bracket does not need a secondary point where it can be fixed or detached, in addition to a primary point of fastening, to be “detachable.” This indicates this new limitation is not a rephrasing of the quoted portions of [0046 – 47] of the present specification; one of ordinary skill in the art prior to the effective filing date of the claimed invention would not expect the new limitations “fixed to or detached from the chassis cross member independently of the fastening bolt” to refer to the subject matter of [0046-47], because “detachably” only requires that the bracket be removable, i.e. by removing a bolt or fastener.
2, 4-15, 18-20 are rejected for their dependency upon a claim containing new matter.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ki, et. al. (US2021387583A1), view of Cao, et. al. (EP4410591A1), and Kamiyama, et. al. (US2019260060A1)..
Regarding Claim 1, Ki teaches a battery mounting structure for a vehicle ([0043] vehicle battery mount structure), the battery mounting structure comprising: a chassis cross member (vehicle body frame 500); including a curved cross-section and provided to a lower side of a floor panel (the “lower surface” of the vehicle body ; “[0045] the battery module 100 is fixed to a vehicle body, specifically, to a lower surface of a vehicle body bottom frame,” teaching or at least implying a floor panel); a mounting bracket (through portion 200) detachably mounted to a lower side of the chassis cross member (see Fig. 2 -4) while an assembly position of the mounting bracket is guided (see below analysis); and a fastening bolt (through bolt 400) that passes through a battery case (lower case 120, and upper case 130) located under the mounting bracket ([0061 – 66] the case is disposed between the two sides of the through pipe 200, formed by the first and second through portions), from below the battery mounting structure (see Fig. 2, 3) and is then fastened to the mounting bracket, for supporting the battery case with respect to the mounting bracket (see Fig. 3). Ki at [0043-7, 61 – 66], Fig. 2 – 3.
Regarding the term “an assembly position of the mounting bracket is guided,” the “assembly position” is not further limited in the claims. The instant specification describes this feature as “[00121] the assembly position thereof to the chassis cross member is guided by a guide bolt protruding downwards from the chassis cross member,” but the guide bolt is not recited. Consequently, this term is interpreted to recite an assembly position of the mounting bracket, in this case the portion of the mounting bracket (through portion 200) mounted to the chassis cross member (see Fig. 3. Ki at Fig. 3.
Regarding the term “the battery mounting structure comprising: a chassis cross member including a curved cross-section”, this is taken to include any curved portion of the chassis cross member, seen from an arbitrary cross section. Ki is silent as to a curved cross-section. However, because this cross-section is arbitrary, a curved vs flat cross section would not be expected to modify the operation of the mounting structure.
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Fig. 2 – 3 of Ki.
One of ordinary skill in the art would find it obvious to modify the battery mounting structure of Ki to comprise a curved cross section, because changes in shape are obvious are a matter of choice which a person of ordinary skill in the art would find obvious absent evidence the particular configuration is significant. MPEP 2144.04 (IV)(B). Because a battery mounting structure is ultimately a container which holds and mounts a battery, this is factually similar to the example provided within the MPEP.
Ki is silent as to a side hole, side bolt, or side fixing nut. However, Ki does teach a benefit to utilizing a bolt with a separate portion (i.e. a nut).
Ki teaches a mounting bracket connected to an assembly position. Ki teaches an upper assembly bolt 320 which is firmly coupled to the through-pipe 200. Ki at [0093]. Ki teaches “[0106] Accordingly, when the through bolt 400 passes through the through hole 314 of the lower support member 310 to be inserted into the second through portion 220 and an inside of the upper assembly bolt 320 , the through bolt 400 may be guided in a moving direction without being shaken.” Taken together with the teaching that there are multiple “upper assembly bolts,” and the through bolt is described as “a through bolt,” rather than the only through bolt, this is a teaching or at least a suggestion that a bolt within a through portion of modified Ki is a “guide bolt.” Id. at [0058, 106].
However, this bolt is oriented upwards, and does not protrude downward from the chassis cross member. This indicates Ki is silent as to “wherein the assembly position of the mounting bracket is guided by a guide bolt protruding downwards from the chassis cross member.”
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Fig. 2 of Cao, described below.
Cao teaches a chassis 20 including a left sill beam 21, a right sill beam 22, a front beam 23, and a rear beam 24. Cao at [0030], Fig. 2. However, this chassis acts as an outer frame, holding the battery cells 50 beneath a floor assembly. (top plate assembly 60, comprising the reinforcing rib 613, seat mounting beam 62, and top plate 61). Id. at [0027, 30, 40-44], Fig. 2. This floor assembly has a curved shape in cross-section. Id. Cao teaches its structure helps to “simplify the structural design” of a vehicle, and suggests this decreases the “difficulty of production.” Id. at [0004 – 5].
Neither Ki or Cao indicate that the function of the upper assembly bolts, through bolt 400, or the “[0073] fixing” means of Cao would be changed by a change in arrangement.
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of Ki, with the “chassis crossmember [which] has a cross-section in a shape of “W” and is provided on the lower side of the floor panel to connect side sills on first and second sides of a chassis,” as in Cao, because Cao teaches or at least suggests a benefit to a simpler design and easier production. One of ordinary skill in the art would further find it obvious to further modify the mounting bracket of modified Ki, such that the mounting bracket is configured so that the assembly position of the mounting bracket is guided to the chassis cross member (vehicle body frame 500 via a through portion 200 within the assembly position) by a guide bolt (a through bolt 400 of Ki) protruding downwards from the chassis cross member. This is obvious because the rearrangement of parts is an obvious matter of design choice where the position of an element like a switch would not have modified the operation of the device, and a bolt of Ki protruding downwards into a through position rather than upwards would not modify the operation of the device.
As previously noted by the Office, to the extent “wherein the mounting bracket is configured to be fixed to or detached from the chassis cross member independently of the fastening bolt” is understood, this appears to be intended to mean that the mounting bracket contains an additional fastening location, such as the side hole 49 shown in Fig. 4 of the present specification, in addition to the fastening bolt. This is supported by the premise that a mounting bracket does not need a secondary point where it can be fixed or detached, in addition to a primary point of fastening, to be “detachable.” This presents new matter, as above. However, for the purposes of compact prosecution, the apparent limitation is addressed by the reference Kamiyama, et. al., previously applied to Claim 12 within the previous Non-Final Action. This analysis is largely identical, but is reproduced below.
Kamiyama teaches a bracket assembly for a fuel cell vehicle, wherein the bracket comprises mounting portions 4 a with fastening members 5a, 5b, such that an auxiliary bracket 7 is attached to the fuel cell stack (in the same location as the battery case of Ki), wherein the bracket has an L shape such that it attaches to a side portion (“[0060] the second arm 7 b extends to a side of the fuel cell stack 10 from the top surface of the fuel gas pump 38 , and is secured to the fuel cell stack 10 by fastening the fastening member 7 d to a female screw hole 10 a”). Kamiyama at [0057 – 60], Fig. 5. Kamiyama teaches this serves to “stably secure[] the gas pump to the stack frame,” and because there are multiple fastening members, at least implies a benefit to utilizing multiple fasteners in order provide multiple points of fixation, thereby distributing the stress on any given bolt. Id.
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Fig. 5 of Kamiyama.
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of modified Ki, such that it comprises the auxiliary bracket 7 of Kamiyama, such that the mounting bracket is configured to be fixed to or detached from the chassis cross member independently of the fastening bolt, because Kamiyama teaches a benefit to stable fixation of a component to a stack frame.
Claim 1 is obvious over Ki, in view of Cao and Kamiyama.
Regarding Claim 2, Claim 2 relies upon Claim 1. Claim 1 is obvious over modified Ki.
Ki teaches a chassis-cross member, but is silent as to the shape of a “W”, as well as sills on the first and second sides of a chassis.
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Fig. 2 of Cao, described below.
Cao teaches a chassis 20 including a left sill beam 21, a right sill beam 22, a front beam 23, and a rear beam 24. Cao at [0030], Fig. 2. However, this chassis acts as an outer frame, holding the battery cells 50 beneath a floor assembly. (top plate assembly 60, comprising the reinforcing rib 613, seat mounting beam 62, and top plate 61). Id. at [0027, 30, 40-44], Fig. 2. This floor assembly has a curved shape in cross-section. Id. Further, considering the curvature utilized to fit the floor assembly to the wheel wells, this has a “U” and at least suggests a “W” shape depending upon how the beams are characterized. Id. This reads upon a “chassis crossmember [which] has a cross-section in a shape of “W” and is provided on the lower side of the floor panel to connect side sills on first and second sides of a chassis.” Id. Cao teaches its structure helps to “simplify the structural design” of a vehicle, and suggests this decreases the “difficulty of production.” Id. at [0004 – 5].
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of Ki, with the “chassis crossmember [which] has a cross-section in a shape of “W” and is provided on the lower side of the floor panel to connect side sills on first and second sides of a chassis,” as in Cao, because Cao teaches or at least suggests a benefit to a simpler design and easier production.
Claim 2 is obvious over Ki, in view of Cao and Kamiyama.
Regarding Claim 4, Claim 4 relies upon Claim 1. Claim 1 is obvious over modified Ki.
As previously modified, modified Ki teaches the guide bolt protrudes downwards. As shown in Fig. 2-3 of Ki above, this means modified Ki teaches the guide bolt (as modified, a through bolt 400) is provided to pass through the floor panel (the “lower surface” of the vehicle body ; “[0045] the battery module 100 is fixed to a vehicle body, specifically, to a lower surface of a vehicle body bottom frame,” teaching or at least implying a floor panel) and the chassis cross member (vehicle body bottom frame 500) from above the floor panel, and wherein the guide bolt is provided to protrude downwards through a peak portion in a center portion of the cross-section of the chassis cross member (as modified within Claim 1 and with Cao, modified Ki comprises a curved cross section; as modified, the head of the bolt 400 sits at a raised portion in a center portion of the cross section shown in Fig. 2-3).
Claim 4 is obvious over Ki, in view of Cao and Kamiyama.
Regarding Claim 13, Claim 13 relies upon Claim 1. Claim 1 is obvious over modified Ki.
Ki teaches a frame to surround the battery case (the through portions 200, collectively forming a frame with the first through portion), such that a plurality of fixing bolts (upper assembly bolts 320 ; “[0093] Accordingly, the upper assembly bolt 320 and the through pipe 200 may be firmly coupled to each other.”) Ki at [0093].
Claim 13 is obvious over Ki, in view of Cao and Kamiyama.
Claims 5 – 11, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ki, in view of Cao and Kamiyama, further in view of Lee, et. al. (KR 102251728 B1).
Regarding Claim 5, Claim 5 relies upon Claim 4. Claim 4 is obvious over modified Ki.
Ki and Cao are silent as to mounting legs, or a mounting flange. Modified Ki teaches a mounting bracket as claimed prior.
Lee teaches a plurality of mount brackets 4, which comprises a “flange surrounding a body frame” which holds a battery pack, wherein the mount part extends vertically from an upper surface of the flange. Lee at [0007, 23], Fig. 1. While described with slightly different terminology, the “mounting body” is the frame 3 and side bracket 21 of Lee, the flanges comprise the mount portions 4 which are “coupling the battery pack to . . . the electric vehicle platform,” which at least suggests “coupled in contact with external inclined surfaces” of a chassis of a vehicle. Id. However, while the extending portions of the frame (side brackets 21, as well as the extending portions shown in Fig. 1) which connect the mount portions 4 read upon “legs,” Lee does not teach a guide bolt. Lee teaches “[0008] According to the present invention . . . it is possible to reduce the weight while maintaining the shape of the body frame . . . Accordingly, the mileage limitation of the electric vehicle may be lifted by increasing the battery capacity.” Lee at [0008].
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Fig. 1 of Lee.
One of ordinary skill in the art would find it obvious to further modify the mounting bracket of modified Ki, wherein the mounting bracket includes: a plurality of mounting legs guided by and coupled to the guide bolt (as previously modified, the guide bolt comprising the through bolt 400 of Ki, protruding downwards; here, the extending leg portions of Fig. 1 of Lee are modified to be coupled to the guide bolt of Ki), and a mounting body (frame 3 and side bracket 21; as modified, this receives the guide bolt and is formed in part by the mounting legs above and the mount portions 4 of Lee as shown in Fig. 1 of Lee); and a plurality of mounting flanges (mount portions 4) extending from the mounting body and coupled in contact with external inclined surfaces on first and second sides of the cross-section of the chassis cross member, because Lee teaches a benefit to increased capacity and lightweight construction.
Claim 5 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 6, Claim 6 relies upon Claim 5. Claim 5 is obvious over modified Ki.
Modified Ki teaches the mounting bracket is configured so that an imaginary straight line connecting the plurality of mounting legs (the extending portions of the frame 3 of Lee) to each other is aligned to cross an imaginary straight line connecting the plurality of mounting flanges to each other (because the extending portions of the frame 3 of Lee are connected to the mount portions 4 of Lee, these have a crossing line).
Claim 6 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 7, Claim 7 relies upon Claim 5. Claim 5 is obvious over modified Ki.
Modified Ki teaches the mounting bracket is provided so that the plurality of mounting legs (the extending portions of the frame 3 of Lee) and the plurality of mounting flanges (mount portions 4 of Lee) are symmetric to each other with respect to the mounting body facing an upper surface of the battery case (see Fig. 1, where a line of symmetry may be drawn bisecting these elements).
Claim 7 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 8, Claim 8 relies upon Claim 7. Claim 7 is obvious over modified Ki.
Modified Ki teaches a fastening hole through which the fastening bolt passes, and that the fastening bolt “is fastened to the mounting bracket.” As previously modified within the Claim 5 analysis, the mounting bracket comprises a mounting body.
Ki teaches the coupling part “conventionally has the structure in which a separate bolt is coupled to a nut.” Ki at [0007]. Further, the “first head portion 321” in Fig. 4 appears to be a nut because it is described as comprising “[0096] a portion to which a separate part is fitted,” and the nut is disposed upon the fastening bolt (through bolt 400) on an upper portion of the case assembly. As previously modified, the through bolt is inverted such that it protrudes downwards; however, there is also an identical nut in the form of the second head portion 410. Id. at Fig. 4. As such, modified Ki at least suggests a fastening hole through which the fastening bolt passes is formed in the mounting body, and wherein a mounting nut to which the fastening bolt is fastened is integrally formed on an upper side of the fastening hole.
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Fig. 4 of Ki.
Claim 8 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 9, Claim 9 relies upon Claim 8. Claim 8 is obvious over modified Ki.
As previously discussed, modified Ki teaches a mounting nut (second head portion 410). Ki at Fig. 4, [0118]. As previously modified, the mounting nut is positioned between the peak portion of the chassis cross member and the mounting body.
Claim 9 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 10, Claim 10 relies upon Claim 8. Claim 8 relies upon modified Ki.
Ki teaches a recess (bottom portion 311) of the lower support member 310, which receives the bolt head and a nut (second head portion 410, having a “separate part” fitted) of the through bolt 400. Kim at [0108 – 118]. As modified above, the bolt is modified to protrude downward; because this bolt head and nut are fitted to the bottom portion 311, this would imply or at least suggest the recess would be modified to be situated on the top portion to meet the bolt head and nut.
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Fig. 3 of Ki.
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of modified Ki, such that the mounting body includes a recess portion provided below the mounting nut and upwardly recessed, because Ki provides a suggestion that the recess meets the bolt head and provides a benefit to fitting the through bolt 400.
Claim 10 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 11, Claim 11 is relies upon Claim 10. Claim 10 is obvious over modified Ki.
Ki teaches a through bolt 400 and a through portion 200, composed of a first through portion 210, a second through portion 220, and a stepped portion 211 formed between them. Under the broadest reasonable interpretation, a mounting bush includes a protruding or connecting portion between two segments which receive the fastening bolt, such as the mounting bush 27 shown in Fig. 2 of the instant specification, which closely resembles the stepped portion 211 within Fig. 3 of Ki. For this reason, modified Ki teaches the recess portion is configured to receive a mounting bush of the battery case therein.
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Fig. 3 of Ki.
Claim 11 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 12, Claim 12 relies upon Claim 5. Claim 5 is obvious over modified Ki.
Ki is silent as to a side hole, side bolt, or side fixing nut. However, Ki does teach a benefit to utilizing a bolt with a separate portion (i.e. a nut).
Kamiyama teaches a bracket assembly for a fuel cell vehicle, wherein the bracket comprises mounting portions 4 a with fastening members 5a, 5b, such that an auxiliary bracket 7 is attached to the fuel cell stack (in the same location as the battery case of Ki), wherein the bracket has an L shape such that it attaches to a side portion (“[0060] the second arm 7 b extends to a side of the fuel cell stack 10 from the top surface of the fuel gas pump 38 , and is secured to the fuel cell stack 10 by fastening the fastening member 7 d to a female screw hole 10 a”). Kamiyama at [0057 – 60], Fig. 5. Kamiyama teaches this serves to “stably secure[] the gas pump to the stack frame,” and because there are multiple fastening members, at least implies a benefit to utilizing multiple fasteners in order provide multiple points of fixation, thereby distributing the stress on any given bolt. Id.
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Fig. 5 of Kamiyama.
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of modified Ki, such that it comprises the auxiliary bracket 7 of Kamiyama, such that a side hole (hole in the first arm 7a) is formed in the mounting flanges (mount portion 4 of Lee), wherein a side bolt (fastening member 7d) is inserted into the side hole, and wherein the chassis cross member is provided with a side fixing nut (as in Ki) to which the side bolt passing through the side hole and the chassis cross member is fastened, because Kamiyama teaches a benefit to stable fixation of a component to a stack frame.
Claim 12 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 13, Claim 13 relies upon Claim 1. Claim 1 is obvious over Ki.
Lee teaches a frame 3 to surround the battery case located under the floor panel.
Ki teaches a conventional battery may comprise “an electricity supply source for supplying electric energy so as to operate electronic devices of the vehicle when the engine is started and is generally disposed on a lower surface of a bottom frame or disposed in engine room of a vehicle body. [0005] Such a vehicle battery includes fixing holes in a side surface and a central portion thereof for structural stability and is fixed to the vehicle body by using separate coupling parts. [0006] In addition, the coupling part has a structure in which bolt holes are formed in upper and lower portions of a case, and bolts are inserted into and coupled to the bolt holes.” Cao at [0002 – 8]. Taken together, these “fixing holes in a side surface,” and a “central portion” indicates or at least suggests a plurality of fixing bolts configured to fix an external portion (vehicle body bottom frame 500), wherein the “central portion” is the fastened via the fastening bolt and mounting bracket.
Claim 13 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 14, Claim 14 relies upon Claim 13. Claim 13 is obvious over modified Ki.
Cao teaches side sills on a first and second side of a chassis.
Lee teaches the frame includes: side frames 31 and a pair of adjacent cross frames 22; side brackets 21 having a set height are positioned on both sides or four sides of the battery pack 2. Lee at [0020], Fig. 1.
Because as previously modified, this frame attaches to the battery case, this at least suggests the first and second side members are provided in a longitudinal direction of the chassis on first and second sides of the chassis, a plurality of frame cross members provided in a transverse direction of the chassis to connect the first and second frame side members. Id. at Fig. 1.
Further, while previously the side brackets 21 and extending frame portions 3 shown in Fig. 1 were previously identified as legs, these also read upon battery side members are provided in external portions on first and second sides of the battery case, and wherein the battery side members are fixed to the first and second frame side members by the fixing bolts.
Claim 14 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee. Regarding Claim 15, Claim 15 is obvious over Claim 14. Claim 14 is obvious over modified Ki.
Lee teaches “[0020] The battery pack 2 is mounted in a rectangular seating groove 100 formed by a pair of side frames 31 and a pair of adjacent cross frames 33 . Side brackets 21 having a set height are positioned on both sides or four sides of the battery pack 2.” This reads upon at least a portion of the battery case is positioned in a space formed by the first and second frame side members and the frame cross members positioned around the battery case.
Claim 15 is obvious over Ki, in view of Cao, further in view of Lee.
Regarding Claim 16, Ki teaches a mounting bracket ([0043] vehicle battery mount structure), comprising: a mounting body (through portion 200 and fixing member 300) coupled to a lower side of the chassis cross member (vehicle body frame 500); including a mounting nut ([0110] a portion to which a separate part is fitted when the screw part 430 is coupled to the vehicle body bottom frame) fastened with a fastening bolt (through bolt 400) inserted from below the chassis cross member.
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Fig. 2 – 3 of Ki.
Ki teaches a chassis-cross member, but is silent as to the shape of a “W.”
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Fig. 2 of Cao, described below.
Cao teaches a chassis 20 including a left sill beam 21, a right sill beam 22, a front beam 23, and a rear beam 24. Cao at [0030], Fig. 2. However, this chassis acts as an outer frame, holding the battery cells 50 beneath a floor assembly (top plate assembly 60, comprising the reinforcing rib 613, seat mounting beam 62, and top plate 61). Id. at [0027, 30, 40-44], Fig. 2. This floor assembly has a curved shape in cross-section. Id. Further, considering the curvature utilized to fit the floor assembly to the wheel wells, this has a “U” and at least suggests a “W” shape depending upon how the beams are characterized. Id. This reads upon a “chassis crossmember [which] has a cross-section in a shape of “W.” Id. Cao teaches its structure helps to “simplify the structural design” of a vehicle, and suggests this decreases the “difficulty of production.” Id. at [0004 – 5].
One of ordinary skill in the art would find it obvious to further modify the mounting bracket of Ki, with the “chassis crossmember [which] has a cross-section in a shape of “W” as in Cao, because Cao teaches or at least suggests a benefit to a simpler design and easier production.
However, modified Ki is silent as to a plurality of mounting legs connected to the mounting body and inserted from below the chassis cross member into a peak portion in the center portion of the cross- section of the chassis cross member to be coupled thereto; and a plurality of mounting flanges connected to the mounting body and coming into contact with external inclined surfaces on first and second sides of the cross-section of the chassis cross member.
Lee teaches a plurality of mount brackets 4, which comprises a “plurality of mounting flanges connected to the mounting body.” Lee at [0007, 23], Fig. 1. If the frame 3 and mount brackets 4 were combined with the bracket of modified Ki, these flanges would come into contact with external surfaces on first and second sides of the cross section of the chassis cross member. Id.
While described with slightly different terminology, the “mounting body” is the frame 3 and side bracket 21 of Lee, and the extending portions of the frame (side brackets 21, as well as the extending portions shown in Fig. 1) which connect the mount portions 4 read upon “a plurality of mounting legs connected to the mounting body and inserted from below the chassis cross member into a peak position in the center portion of the cross-section of the chassis cross member to be coupled thereto.” Lee teaches “[0008] According to the present invention . . . it is possible to reduce the weight while maintaining the shape of the body frame . . . Accordingly, the mileage limitation of the electric vehicle may be lifted by increasing the battery capacity.” Lee at [0008].
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Fig. 1 of Lee.
One of ordinary skill in the art would find it obvious to further modify the mounting bracket of modified Ki, wherein a plurality of mounting legs connected to the mounting body and inserted from below the chassis cross member into a peak portion in the center portion of the cross- section of the chassis cross member to be coupled thereto; and a plurality of mounting flanges connected to the mounting body and coming into contact with external inclined surfaces on first and second sides of the cross-section of the chassis cross member, because Lee teaches a benefit to increased capacity and lightweight construction. Neither Ki or Cao indicate that the function of the upper assembly bolts, through bolt 400, or the “[0073] fixing” means of Cao would be changed by a change in arrangement. One of ordinary skill in the art would further find it obvious to further modify the mounting bracket of modified Ki, such that at least one mounting leg is formed with a guide hole (vehicle body frame 500 via a through portion 200 within the assembly position)for receiving a guide bolt (a through bolt 400 of Ki) protruding downwards from the lower side of the chassis cross member. This is obvious because the rearrangement of parts is an obvious matter of design choice where the position of an element like a switch would not have modified the operation of the device, and a bolt of Ki protruding downwards into a through position rather than upwards would not modify the operation of the device, and because Ki and Lee together teach a benefit to stability while “[0007] maintaining the shape of the body frame.”
As previously noted by the Office, to the extent “wherein the mounting bracket is configured to be fixed to or detached from the chassis cross member independently of the fastening bolt” is understood, this appears to be intended to mean that the mounting bracket contains an additional fastening location, such as the side hole 49 shown in Fig. 4 of the present specification, in addition to the fastening bolt. This is supported by the premise that a mounting bracket does not need a secondary point where it can be fixed or detached, in addition to a primary point of fastening, to be “detachable.” This presents new matter, as above. However, for the purposes of compact prosecution, the apparent limitation is addressed by the reference Kamiyama, et. al., previously applied to Claim 12 within the previous Non-Final Action. This analysis is largely identical, but is reproduced below.
Kamiyama teaches a bracket assembly for a fuel cell vehicle, wherein the bracket comprises mounting portions 4 a with fastening members 5a, 5b, such that an auxiliary bracket 7 is attached to the fuel cell stack (in the same location as the battery case of Ki), wherein the bracket has an L shape such that it attaches to a side portion (“[0060] the second arm 7 b extends to a side of the fuel cell stack 10 from the top surface of the fuel gas pump 38 , and is secured to the fuel cell stack 10 by fastening the fastening member 7 d to a female screw hole 10 a”). Kamiyama at [0057 – 60], Fig. 5. Kamiyama teaches this serves to “stably secure[] the gas pump to the stack frame,” and because there are multiple fastening members, at least implies a benefit to utilizing multiple fasteners in order provide multiple points of fixation, thereby distributing the stress on any given bolt. Id.
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Fig. 5 of Kamiyama.
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of modified Ki, such that it comprises the auxiliary bracket 7 of Kamiyama, such that the mounting bracket is configured to be fixed to or detached from the chassis cross member independently of the fastening bolt because Kamiyama teaches a benefit to stable fixation of a component to a stack frame.
Claim 16 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 18, Claim 18 relies upon Claim 16. Claim 16 is obvious over modified Ki.
Ki teaches a mounting bracket ([0043] vehicle battery mount structure), comprising: a mounting body (through portion 200 and fixing member 300) coupled to a lower side of the chassis cross member (vehicle body frame 500); including a mounting nut ([0110] a portion to which a separate part is fitted when the screw part 430 is coupled to the vehicle body bottom frame) fastened with a fastening bolt (through bolt 400) inserted from below the chassis cross member.
Ki teaches a recess (bottom portion 311) of the lower support member 310, which receives the bolt head and a nut (second head portion 410, having a “separate part” fitted) of the through bolt 400. Kim at [0108 – 118].
Modified Ki teaches the mounting nut of the mounting body is located below a peak portion of the chassis cross member (at least suggested because of the prior modification’s location of the mount portions and the “W” shape of Cao), and wherein the mounting body is provided with a recess portion (bottom portion 311) on a lower side of the mounting body at a portion of the mounting body where the mounting nut is provided (see above).
Claim 18 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 19, Claim 19 relies upon Claim 16. Claim 16 is obvious over modified Ki.
Modified Ki teaches an imaginary straight line connecting the plurality of mounting legs (the extending portions of the frame 3 of Lee) to each other and an imaginary straight line connecting the plurality of mounting flanges to each other are aligned to cross in the mounting body (because the extending portions of the frame 3 of Lee are connected to the mount portions 4 of Lee, these have a crossing line).
Claim 19 is obvious over Ki, in view of Cao and Kamiyama, and further in view of Lee.
Regarding Claim 20, Claim 20 relies upon Claim 16. Claim 16 is obvious over modified Ki.
Ki is silent as to a side hole, side bolt, or side fixing nut. However, Ki does teach a benefit to utilizing a bolt with a separate portion (i.e. a nut).
Kamiyama teaches a bracket assembly for a fuel cell vehicle, wherein the bracket comprises mounting portions 4 a with fastening members 5a, 5b, such that an auxiliary bracket 7 is attached to the fuel cell stack (in the same location as the battery case of Ki), wherein the bracket has an L shape such that it attaches to a side portion (“[0060] the second arm 7 b extends to a side of the fuel cell stack 10 from the top surface of the fuel gas pump 38 , and is secured to the fuel cell stack 10 by fastening the fastening member 7 d to a female screw hole 10 a”). Kamiyama at [0057 – 60], Fig. 5. Kamiyama teaches this serves to “stably secure[] the gas pump to the stack frame,” and because there are multiple fastening members, at least implies a benefit to utilizing multiple fasteners in order provide multiple points of fixation, thereby distributing the stress on any given bolt. Id.
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Fig. 5 of Kamiyama.
One of ordinary skill in the art would find it obvious to further modify the battery mounting structure of modified Ki, such that it comprises the auxiliary bracket 7 of Kamiyama, such that wherein the mounting flanges are provided with a side hole (hole in 7a) through which a side bolt (fastening member 7d) coupled to the chassis cross member passes, because Kamiyama teaches a benefit to stable fixation of a component to a stack frame.
Claim 20 is obvious over Ki, in view of Cao, further in view of Lee.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2-16, 18-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, Applicant’s arguments pertain to the insufficiency of Ki to support the claimed features, i.e. a guide bolt protruding downwards, namely “Cao, Lee, Kamiyama, fail to account for these deficiencies of Ki, because the Examiner cites only Ki, to support such features. See Office Action, page 7.” Cao is now applied to meet the “protruding downwards” limitation; while the Office maintains its new matter rejection, the Office notes the side hole and side bolt as previously applied in Kamiyama would read upon “the mounting bracket is configured to be fixed to or detached from the chassis cross member independently of the fastening bolt.”
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/K.R.H./Examiner , Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725