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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukui (US 2019/0275875).
Fukui discloses a rear vehicle body structure for an electric vehicle including a traveling motor and a battery disposed below the floor (12) panel supplying electric power to the traveling motor, as shown in Figure 1 and disclosed in paragraph [0023]. The rear vehicle body structure comprises a rear side frame extending in the vehicle front-rear direction in a vehicle rear portion.
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A rear-side cross member (30) is arranged such that a front portion of the rear side frame abuts the rear-side cross member (30) from the vehicle rear, as shown in Figures 1-5. The rear-side cross member (30) extends in a vehicle width direction, as shown in Figures 1-5. A pair of left and right side sills are spaced apart by a predetermined distance from the front portion of the rear side to vehicle width direction outer side and extend in the vehicle front-rear direction.
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A rear side battery frame (18a,24) extends in the vehicle width direction in the vehicle rear of the battery (14) and in vehicle front of the rear side frame to protect the battery (14), as shown in Figure 1. A battery casing (18) includes the rear side battery frame (18a,24) and is mounted to the left side sill, right side sill, and the rear side cross member (30), as shown in Figures 2 and 3. In reference to claim 7, the battery (14) is installed in an area on the vehicle rear of the rear portion portions of the side sills, as shown in Figures 1, 3, and 5. In reference to claims 8, the rear side cross member (30) is formed to be arranged on an upper surface of the rear side battery frame (18a,24) and to extend along the upper surface of the rear side battery frame (18a,24), as shown in Figure 3. The rear side cross member (30) and the rear side battery frame (18a,24) are fastened together in an up-down direction, as shown in Figure 3 and disclosed in paragraph [0024]. In reference to claim 9, the rear side cross member (30) is joined to a lower surface of the floor panel (12), as shown in Figure 4. In reference to claim 10, the rear side cross member (30) has a front plate portion extending in an up-down direction and the vehicle width direction, as shown in Figure 4. The rear side cross member (30) has a rear plate portion which is spaced apart from the front plate portion in a vehicle longitudinal direction, as shown in Figure 4.
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The rear plate portion extends in the up-down direction and the vehicle width direction, as shown in Figures 3 and 4. A dimension of the rear plate portion in the up-down direction is set longer than a dimension of the front plate portion in the up-down direction, as shown in Figure 4. The front portion of the rear side frame abuts the rear plate portion from the vehicle rear and is joined to the rear plate portion, as shown in Figure 3.
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 2, 3, 5, 6, and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fukui (US 2019/0275875) in view of Ohkuma et al. (US 2021/0339617).
Fukui discloses the limitations of claim 3 are disclosed, see the above rejection of claim 7. The limitations of claim 11 is disclosed, see the above rejection of claim 8. The limitations of claims 5, 12, and 14 are disclosed, see the above rejection of claim 9. The limitation of claims 6, 13, 15, and 16 are disclosed, see the above rejection of claim 10. However, Fukui does not disclose the battery is installed in an arear on the outer side of an imaginary central straight line.
Ohkuma et al. teaches providing batteries in an area on the vehicle width direction outer side of an imaginary straight line extending from a left-right central portion of the rear side frame toward the vehicle front, as shown in Figure 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the battery of Fukui as several individual batteries provided in an area on the vehicle width direction outer side of an imaginary straight line extending from a left-right central portion of the rear side frame toward the vehicle front, as taught by Ohkuma et al., with a reasonable expectation for success to allow individual small batteries to be replaced instead of one entire large battery to reduce the cost of fixing/maintaining the electric vehicle.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive. Applicant has argued the rejection of claim 1 by stating elements (26,28) are under reinforcements, not side sills. Applicant has used the Ohkuma reference to show a difference between a side sill and an under reinforcement. The side sills (14) of Ohkuma are attached to the edges of the floor (36), as shown in Figure 4. The under reinforcements (15) are clearly located away from the edges of the floor (36), as shown in Figure 4. The examiner disagrees with this argument. Ohkuma supports the examiner’s position that elements (26,28) of Fukui are side sills because they support the lateral edge portions of the floor, as disclosed in paragraph [0024]. The rejection stands.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 March 10, 2026