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 .
DETAILED CORRESPONDENCE
This is in response to the preliminary amendment and papers filed on 09/22/2023 for Application No. 18/283,683. By the amendment, claims 23-47 are pending with claims 1-22 being canceled and newly claims 23-47 are added.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) received on 09/22/2023 has been considered by the examiner.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because Figure 2 does not provide a detailed description of the control logic of the invention or provide every feature of the invention specified in the claims (e.g., a labeled representation information of the control logic steps/process or an algorithm with a description). The corrected drawings should include labeled rectangular boxes that describe the invention and not only a reference numerical.
The Office recommends that the steps/process of the control logic of the invention should be labeled with descriptions to aid the understanding of the algorithm of the claimed invention. The MPEP states that “the drawing in a non-provisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box with a description). In addition, tables and sequence listings that are included in the specification are, except for applications filed under 35 U.S.C. 371, not permitted to be included in the drawings”. See MPEP 608.02(d).
Since the flow chart is critical to applicant’s invention, the pieces of the flowchart should not only be a blank rectangular box but a box describing each step of the claimed invention.
Claim Objections
Claims 42, 44 and 46 are objected to because of the following informalities:
Claim 42, the limitation “a vehicle” should be replaced with - -the vehicle- - for consistency;
Claim 44, the limitation “a vehicle” should be replaced with - -the vehicle- - for consistency;
Claim 44, the limitation “a device” should be replaced with - -the device- - for consistency;
Claim 46, the limitation “a vehicle” should be replaced with - -the vehicle- - for consistency; and
Claim 46, the limitation “a device” should be replaced with - -the device- - for consistency.
Appropriate correction is required.
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.
Claims 42-47 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.
Claim 42 recites the limitation "a carrier frame” in line 1 which renders the claim indefinite because it is unclear whether the carrier frame member is the same frame member previously introduced in claim 23 or another. This constitutes a double inclusion in the claim.
Claim 44 recites the limitation "a carrier frame” in line 1 which renders the claim indefinite because it is unclear whether the carrier frame member is the same frame member previously introduced in claim 23 or another. This constitutes a double inclusion in the claim.
Claim 46 recites the limitation "a carrier frame” in line 1 which renders the claim indefinite because it is unclear whether the carrier frame member is the same frame member previously introduced in claim 23 or another. This constitutes a double inclusion in the claim.
Claims 43, 45 and 47 are rejected because they inherited the deficiencies from a base claim.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 23-26, 28, 30, 32-33, 41 and 46-47 are rejected under 35 U.S.C. §102(a)(2) as being anticipated by Andersson et al. (US 2022/0169104).
Regarding claim 23, Andersson discloses a device (10) for mounting a storage unit (20) for drive energy on a carrier frame (6) of a vehicle (2), comprising:
a first holder (12,14) for fastening the device (10) to the carrier frame (6) and a second holder (40,44) for fastening the device (10) to the storage unit (20), the second holder (40,44) being configured such that it may be pushed on, inserted into and/or latched in on the first holder (12,14) in order to pre-position the first and second holders (12,14;40,44) with respect to one another.
Regarding claim 24, Andersson discloses the device according to claim 23, wherein the first holder (12,14) and the second holder (40,44), for the pre-positioning, are configured to slide into each other in the manner of a sliding guide (see Annotated Figure 3 below, “SG”) and may be brought together in a form-fitting manner (fig. 8).
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Annotated Figure 3
Regarding claim 25, Andersson discloses the device according to claim 24, wherein the sliding guide (SG) is configured as a tongue-and-groove-like sliding guide (figs. 2 and 6; i.e., tongue 12/14 and groove on 40/44 or on slider 70) with surfaces (i.e., surfaces of the tongues or arm portions 30, 32 or surfaces 34 and grooves 40, 44) engaging behind one another at least in sections (fig. 8).
Regarding claim 26, Andersson discloses the device according to claim 23, wherein the first holder (12,14) and the second holder (40,44) comprise,
on the one hand, an insertion groove and, on the other hand, at least one sliding element at the mutual contact surfaces, or
the storage unit (20) is for electrical energy (i.e., battery pack 16), or
the sliding guide is configured as a hammerhead or dovetail guide.
Regarding claim 28, Andersson discloses the device of claim 26, wherein the at least one sliding member (40,44) comprises a sliding member (i.e., sliders on holder 12/14),
a) which has a shape that prevents movements directed perpendicular to the slide direction (fig. 8; paragraphs [0021], [0023] and [0074] – [0075], i.e., prevents forward/backward movements); or
b) which has a planar contact surface which, in the state of the sliding element inserted in the insertion groove, bears flat against a corresponding contact surface of the insertion groove, the planar contact surface extending in a plane which runs parallel to the sliding direction and obliquely to a width and depth direction of the first and second holders.
Regarding claim 30, Andersson discloses the device according to claim 23, further comprising a clamping device (par. [0062], i.e., the first slider 40 will at least partly be clamped between the protecting bottom plate 60) for fixing, clamping and/or
compensating for setting losses of the first and second holders (40,44) in the pre-positioned state relative to each other.
Regarding claim 32, Andersson discloses the device according to claim 30, wherein the clamping device (par. [0062], i.e., the first slider 40 will at least partly be clamped between the protecting bottom plate 60) comprises
a preload device (i.e., rubber parts 80) for maintaining the clamping and/or
wedging of the first and second holders, or
the clamping device is configured to clamp the second holder in an insertion groove of the first holder wherein the insertion groove is a T-groove or dovetail groove.
Regarding claim 33, Andersson discloses the device according to claim 32, wherein the clamping device (par. [0062]) comprises
a pressure piece and a screw acting on the pressure piece, or
the preload device is configured as a disc spring or as a disc spring assembly, or
the preload device (par. [0064], i.e., rubber parts 80) is for maintaining the clamping and/or
wedging of the first and second holders (40,44) when settling behavior occurs during vehicle (2) operation.
Regarding claim 41, Andersson discloses the device according to claim 23, wherein the first holder (12,14) and the second holder (40,44) each have through-openings arranged in the form of a grid on their outer side regions (see Annotated Figures 2 and 9 below),
in which through-openings (i.e., openings between upper and lower sliders of front and rear sliders 30,32, respectively) fastening means extending through the corresponding through-openings may be accommodated for force-fitting and/or
form-fitting fixation of the first holder (12,14) to the carrier frame (6) and of the second holder (40,44) to the storage unit (20).
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Annotated Figure 2 Annotated Figure 9
Regarding claim 46, Andersson discloses a method for attaching (shown in figures 8-14) a storage unit (20) for drive energy to a carrier frame (6) of a vehicle (2), comprising the steps:
providing a device (10) according to claim 23 or
a system according to claim 42;
fastening of the first holder (12,14) to the carrier frame (6);
fastening of the second holder (40,44) to the storage unit (20); and
fastening of the storage unit (20) to the carrier frame (6) by pushing the second holder (40,44) onto the first holder (12,14), by inserting (i.e., via sliding action) the second holder (40,44) into the first holder (12,14) and/or by latching the second holder (40,44) in the first holder (12,14).
Regarding claim 47, Andersson discloses the method of claim 46 wherein the storage unit (20) is for electrical energy (16a).
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.
Claims 35, 44 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Andersson as applied above and further in view of Chaney (US 2005/0274556 A1).
Regarding claim 35, Andersson discloses the device according to claim 23, wherein the carrier frame (6) comprises
two frame longitudinal members (par [0050], i.e., vehicle 2 may have two or more such frame members extending in parallel);
wherein the first holder (12,14) is configured for fastening to the frame longitudinal member, wherein, for pre-positioning the first and second holders (12,14; 40,44) relative to one another,
the second holder (40,44) being configured such that it may be pushed onto, inserted into and/or
latched onto the first holder, which is fastened to the frame longitudinal member, from above in the vertical direction, corresponding to the vehicle (2) height direction.
However, Andersson does not specifically teach a plurality of cross members such that the two frame members connected to one another. It is well recognized to a skilled person in the art for a vehicle chassis to include cross members connected the two longitudinal members of the vehicle to one another for providing lateral support to the vehicle frame.
Chaney teaches a hybrid electric vehicle chassis 5 includes plurality of cross members (28,29,35) arranged to connect longitudinal frames or forks (26,27,33,34) to one another. See Figures 3 and 4; par. [0036].
It would have been obvious to an ordinary skill in the art before the effective filing date of the invention for the device of Andersson, with a reasonable expectation of success, to the two frame longitudinal members spaced apart from one another and connected to one another via a plurality of cross members as taught by Chaney in order to provide support for the vehicle as the predictable result of contributing the overall stability of the vehicle.
Regarding claim 44, Andersson discloses a vehicle (2) comprising
a) a carrier frame (6) comprising two frame longitudinal members;
b) a storage unit (20) for drive energy; and
c) a device (10) according to claim 23 or
a system according to claim 42;
wherein the first holder (12,14) is fastened to the frame longitudinal member (6; par [0050]) and the second holder (40,44) is fastened to the storage unit (20).
However, Andersson does not specifically teach a plurality of cross members such that the two frame members connected to one another. It is well recognized to a skilled person in the art for a vehicle chassis to include cross members connected the two longitudinal members of the vehicle to one another for providing lateral support to the vehicle frame.
Chaney teaches a hybrid electric vehicle chassis 5 includes plurality of cross members (28,29,35) arranged to connect longitudinal frames or forks (26,27,33,34) to one another. See Figures 3 and 4; par. [0036].
It would have been obvious to an ordinary skill in the art before the effective filing date of the invention for the device of Andersson, with a reasonable expectation of success, to have the frame members spaced apart from each other and interconnected by a plurality of cross members as taught by Chaney in order to provide support for the vehicle as the predictable result of contributing the overall stability of the vehicle.
Regarding claim 45, as modified, Andersson further discloses the vehicle (2) of claim 44
wherein the vehicle (2) is a commercial vehicle (2; par [0049]), or
the two frame longitudinal members are C-section members, or
the storage unit (20) is for electrical energy, or
the first (12,14) and second holders (40,44) are fastened by being pinned or screwed or riveted (par [0059], i.e., via securing portions 28 secured by fastening means includes bolts or rivets to frame member 6).
Claims 42 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Andersson as applied above and further in view of Gunther (DE 102019/131,598 B3, translation attached).
Regarding claim 42, Andersson discloses a system for mounting a storage unit (20) for drive energy on a carrier frame (6) of a vehicle (2) further comprising
a first device (i.e., i.e., the first two holder halves of the device 10, hereinafter “10a”) and a second device (i.e., i.e., the other two holder halves of the device 10, hereinafter “10b), each of which is configured according to claim 23, and
the first and devices (10a,10b) being configured as sliders or loose/floating bearings (figs. 3, 7; paragraph [0061], [0064], [0067] – [0069], i.e., sliders 40, 44, 70, 74).
However, Andersson does not specifically teach one of the devices includes configured as a fixed bearing. Fixed bearing as seen is well recognized to a skilled person in the art for providing stability in mechanical systems such as sliding devices.
Gunther teaches a battery module 5 connected on a first side 6 or 6.1 to a frame R by a fixed bearing and connected on a second side 7,71 of the frame by a floating bearing, see Figures 1-6 and paragraphs [0038] – [0040].
It would have been obvious to one of an ordinary skill in the art before the effective filing date of the invention for Andersson, with a reasonable expectation of success, to substitute one of the loose bearings with a fixed bearing on one of the devices as taught by Gunther in order to reduce longitudinal movement or misalignment between the battery pack mounting devices and the vehicle frame that could lead to mechanical failure. Fixed bearings are well known in the art for better in shock absorption and alignment, and substituting the bearing with either bearing for the battery storage system would not change the way the overall apparatus functions. Thus, the simple substitution of one known element for another producing a predictable result of improvement in system stability which renders the claim obvious.
Regarding claim 43, the modified system of claim 42, Andersson further discloses wherein
a) the floating bearing allows a relative movement transverse to the sliding direction between the first holder (12,14) and the second holder (40,44) in a fixed and/or
clamped state of the first and the second holder (40,44); or
b) the fixed bearing does not permit any relative movement transversely to the sliding direction between the first holder (12,14) and the second holder (40,44) in a fixed and/or
clamped state of the first and the second holder (40,44), or
c) the storage unit (20) is for electrical energy (i.e., battery pack 16).
Allowable Subject Matter
Claims 27, 29, 31, 34 and 36-40 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 27, the prior art of record fails to disclose or render obvious the device according to claim 26 and in combination with the feature recited.
Regarding claim 29, the prior art of record fails to disclose or render obvious the device according to claim 28 and in combination with the feature recited.
Regarding claim 31, the prior art of record fails to disclose or render obvious the device according to claim 30 and in combination with the feature recited.
Regarding claim 34, the prior art of record fails to disclose or render obvious the device according to claim 33 and in combination with the feature recited.
Regarding claim 36, the prior art of record fails to disclose or render obvious the device according to claim 35 and in combination with the feature recited.
Claims 37-40 are allowable as being dependent upon the allowable base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (US 2023/0191939 A1) discloses for battery pack locking mechanism, and battery pack locking method for an electric vehicle, see Figures 2-9.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at Mon-Friday from 8AM-4:30PM at (571) 270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINH T DANG/Primary Examiner, Art Unit 3655 March 27, 2026