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 .
Specification
The objection to the specification is withdrawn in view of applicant’s amendments.
Drawings
The objection to the drawings I withdrawn in view of applicant’s amendments.
Claim Interpretation
Applicant’s reference to “the motor is directly mounted from the second side” means that the motor is directly to the second frame and battery housing and is installed at the rear end of the battery housing, but it is not limited to fasteners that extend in a front to rear direction or that the motor mounts to to a rear side of the second frame (applicant claims a second side of the battery, not a second side of the second frame).
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.
(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.
Claim(s) 1, 2, 6-9, 13, 14, 20, 21, 28, and 29 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 219406137 to Chen (cited by applicant).
Regarding claim 1, Chen teaches a frame assembly for an electric motorcycle (motorized bicycle, see Abstract), comprising: a first frame 1, a second frame 3, a battery 2,4, and a motor 9, wherein the first frame and the second frame are respectively mounted to the battery from a first side and a second side of the battery (see Figure 2). The motor 9 is directly mounted from the second side of both the second frame 3 and a battery housing 2 of the battery 2, 4, (see Figures 3 and 4) with an upper portion of the motor 9 fixed to the second frame 3 and a lower portion of the motor 9 fixed to the battery housing 2 via threaded fasteners engaging corresponding threaded holes (the motor has holes, seen in Figure 5, for fixing the motor to the battery housing using screws that are received in threaded holes in the battery casing); and the first side and the second side are opposite sides of the battery (front and rear ends of the battery housing).
Regarding claim 2, the first frame, the second frame, the battery and the motor collectively form a bearing structure of the electric motorcycle (the first frame, second frame, battery and motor form an integrated chassis.
Regarding claim 6, Chen shows the motor is mounted out of a hub of the electric motorcycle (motor 9 is mounted to the back side of the battery, not at the wheel hub).
Regarding claim 7, the battery comprises at least one battery module 4 and the battery housing 2, and the at least one battery module is located in the battery housing.
Regarding claim 8, the first side is a side of the battery adjacent to a heading direction of the electric motorcycle, and the second side is a side of the battery away from the heading direction of the electric motorcycle (see Figure 3).
Regarding claim 9, the first frame, the second frame and/or the battery housing are integrally formed (fixed relative to each other).
Regarding claim 13, the first frame and the battery, the second frame and the battery, the motor and the battery, and/or the motor and the second frame are fixed to each other by a detachable connection (screw connectors).
Regarding claim 14, the detachable connection comprises a longitudinal connection and/or a transverse connection (Figure 5 shows longitudinal holes in the motor assembly for longitudinal screws).
Regarding claim 20, the battery housing has a rectangular or convex vertical section (the battery housing has a generally rectangular cross section with some convex portions).
Regarding claim 21, a reinforcing rib extending along a longitudinal direction of the battery is provided outside and/or inside the battery housing (Figures 1 and 2 show exterior ribs on the battery housing 2).
Regarding claims 28 and 29, the frame assembly is provided on an all electric motorcycle (electric bicycle, see Abstract; only electric propulsion is described).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Hsu (PGPub 2024/0094001).
Regarding claims 5 and 11, Chen indicates the chassis is on a bicycle but is silent regarding front and rear wheel suspensions.
Hsu shows an electric motorcycle having a battery box 7 integrated into the chassis with a first frame 22 configured to mount a front suspension system of the electric motorcycle, and the front suspension system comprises a front shock absorber assembly and/or a front wheel FW; and a second frame 28 configured to mount a rear suspension system (shock absorber 45) of the electric motorcycle, and the rear suspension system comprises a rear shock absorber assembly 45, a rear chainstay and/or a rear wheel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount a front suspension to the front frame and a rear suspension to the rear frame of the Chen chassis, in view of Hsu, with a reasonable expectation of success, in order to effectively complete the motorcycle of Chen.
Regarding claim 11, Hsu teaches that the motor 4 is connected to a rear chainstay 42 of the electric motorcycle through a bearing (pivotally connected), and an axis of rotation 41 of a motor shaft of the motor coincides with an axis of rotation of the rear chainstay (para [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the chainstay of the rear suspension at the motor axis of Chen, in view of Hsu, with a reasonable expectation of success, in order to mount the rear suspension on the Chen chassis in an efficient and compact way.
Claim(s) 22-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Borque (WO2024/246752)
Regarding claim 22, Chen is silent regarding a reinforcing rib inside the battery housing is configured to connect the at least one battery module and/or mount a connecting beam.
Figure 7 of Bourque shows a reinforcing rib extending along a longitudinal direction of the battery is provided outside and/or inside the battery housing (see Figure 7, main housing has ribs or undulations along the internal surface of its outer rim, extending in a direction that can be considered a “longitudinal” direction of the housing, as broadly recited). The ribs connect to the battery modules 235, as seen in Figure 9. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide and internal rib along a longitudinal direction of the battery Chen chassis, in view of Borque, with a reasonable expectation of success, in order to reinforce the battery housing.
Regarding claims 23 and 24, Chen is silent regarding the housing comprising a plurality of housing components. Bourque teaches that the battery housing 220 comprises a plurality of housing components 227, 221, 223 (see Figure 7) comprises a first housing cover 221, a second housing cover 223, and a main housing 227, the first housing cover and the second housing cover are respectively connected to two sides of the main housing (see Figure 7); and the main housing is integrally formed (see para [0067], line 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the Chen battery arrangement with multiple components including a first housing cover, a second housing cover, and a main housing; the first housing cover and the second housing cover respectively connected to two sides of the main housing; and the main housing being integrally formed, in order to effectively and removably house battery modules.
Regarding claim 25, Borque teaches connecting parts of the battery structure together using threaded fasteners (para [0067])
Regarding claim 26, Borque teaches the first housing half and the second housing half each comprise a flange for the threaded connection, and the flange extends along a longitudinal direction of the battery (Figure 8 of Borque shows a flange around the exterior of the battery housing 220 in the longitudinal plane of the vehicle).
Regarding claim 27, the first housing half and the second housing half respectively form an upper housing half and a lower housing half, a left housing half and a right housing half, or a front housing half and a rear housing half of the battery housing (Borque teaches left and right halves).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 5-9, 11, 13, 14, and 20-29 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 218287409 teaches a motor mounted directly to the rear side of a motorcycle battery case.
Dorresteyn, Marazzi, Johnson, and Zelioli teach electric motorcycles.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/
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