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 § 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 7, 12, 16 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “a fiber injection component”, and the claim also recites “in particular a long fiber injection component” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 7, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 12 recites the broad recitation “made of the first core material or a second core material comprising a polymeric material”, and the claim also recites “in particular polyurethane (PU) or polyethylene terephthalate (PET)” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 12, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 16, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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)(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.
Claim(s) 1-5, 7-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spielvogel et al. (US 2020/0001728A1).
Regarding claim 1, Spielvogel discloses a protecting member for a battery structure of an electric vehicle (see Title, Abstract, Fig. 1-4), the protecting member comprising
a. a top belt having a waveform in the first direction (top belt has wavelike cross section [0025]),
b. a bottom belt (bottom belt [0024]), and
c. a core arranged between and interconnecting the top belt and the bottom belt, wherein the core is at least partially made from a first core material comprising a loose network of fibers embedded in a foam (core between top belt and bottom belt [0024]; core made of fiber reinforced composite material, thermoplastic material; made from honeycomb and/or foam [0010]-[0011], [0029]).
Regarding claim 2, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the top belt comprises elevations and thereto alternating depressions (elevations and depressions [0026]).
Regarding claim 3, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the top belt further has a waveform in a second direction, perpendicular to the first direction, which overlays with the waveform in the first direction (wave structure in two x,y directions [0030]).
Regarding claim 4, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the waveform in the second direction overlays the waveform in the first direction only in the area of the elevations of the top belt (wave structure in two x,y directions [0030]).
Regarding claim 5, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses top belt has a stepped waveform in the first direction and/or the second direction (Fig. 4 shows a stepped wave structure).
Regarding claim 7, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the core is a fiber injection component, in particular a long fiber injection component (injection model [0015]).
Regarding claim 8, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the core comprises a base plate having an essential planar upper surface and an essential planar lower surface (Fig. 3-4 show core 7 comprising a base plate having an upper and lower surface).
Regarding claim 9, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the base plate is made from the first core material (core made of fiber reinforced composite material, thermoplastic material; made from honeycomb and/or foam [0010]-[0011], [0029]).
Regarding claim 10, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the core further comprises at least one beam arranged between the base plate and the top belt, such that the core is provided with a wave-like reinforcement structure (beams [0025], [0030]; core provided with wavelike structure [0010]-[0015], Fig. 1-4).
Regarding claim 11, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the top belt having the waveform has a form-locking fit with the wave-like reinforcement structure of the core (Fig. 3 shows waveform of top belt having a ‘form-locking fit’ with the wave-like reinforcement structure of the core).
Regarding claim 12, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the at least one beam is made of the first core material or a second core material comprising a polymeric material, in particular polyurethane (PU) or polyethylene terephthalate (PET) (thermoplastic [0010]-[0011], [0015]).
Regarding claim 13, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the core comprises at least one intermediate layer of fiber reinforced plastic arranged between the base plate and the at least one beam (fiber reinforced composite material [0010]-[0011]).
Regarding claim 14, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses at least two beams are arranged parallel to one another and/or parallel to an edge of the protecting member (parallel beams [0025], [0030], see Fig. 1,4).
Regarding claim 15, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses a mounting hole for mounting the protecting member to the battery structure of the electric vehicle is machined through at least one beam (Fig. 1,2a show battery structure including a hole).
Regarding claim 16, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the top belt and/or the bottom belt is at least partially made from a material selected from the group consisting of: glass-fiber reinforced plastic (GFK); carbon-fiber reinforced plastic (CFK); basalt-fiber reinforced polymer composites; aramid-fiber reinforced polymer composites; metal, such as sheet metal; natural-fiber reinforced polymer composites; and combinations thereof (aluminum, steel, fiber reinforced composite material [0010]-[0011]).
Regarding claim 17, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the top belt and the bottom belt are directly joined together in edge areas that laterally protrude over the core and/or in areas of mounting holes in the protecting member (top belt directly (inter)connected to bottom belt [0014]-[0015]).
Regarding claim 18, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses the top belt and the bottom belt form an elevation in edge areas that laterally protrude over the core (elevations span across beams [0015], [0026]).
Regarding claim 19, Spielvogel discloses all of the claim limitations as set forth above. Spielvogel further discloses a battery structure of an electric vehicle (battery structure for electric vehicle, see Abstract), the battery structure comprising the protecting member according to claim 1 (see rejection of claim 1 above).
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.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spielvogel et al. (US 2020/0001728A1), as applied to claims 1-5, 7-19 above, in view of CN110462328, refer to English equivalent US 2021/0138886A1 hereinafter Spielvogel ‘886.
Regarding claim 6, Spielvogel discloses all of the claim limitations as set forth above. However, Spielvogel does not further disclose the foam of the first core material is made of polyurethane and/or the fibers are glass fibers.
Spielvogel ‘886 discloses a support structure for a battery pack at least partially made from a composite material, wherein the mechanically competent and lightweight composite material includes fiber reinforced plastics such as glass fibers to increase vehicle safety (see Title, Abstract, [0014]-[015]).
Spielvogel and Spielvogel ‘886 are analogous art because they are concerned with the same field of endeavor, namely battery support structures.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Spielvogel by selecting a glass fiber composite as the support structure fiber composite material because Spielvogel ‘886 teaches a mechanically strong yet lightweight material that increases vehicle safety.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 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, NICOLE BUIE-HATCHER can be reached at (571)270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Lee/Primary Examiner, Art Unit 1725 6/12/2026
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