DETAILED ACTION
This is on the merits of Application No. 18/292705, filed on 01/26/2024. Claims 1-15 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 04/04/2024 and 05/29/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Claim Objections
Claims 1-2, 4-6, 8-11 and 15 are objected to because of the following informalities:
The claims recite the limitation “and/or.” Because each claim can only be drawn to one invention, alternative options must be listed as “at least one of X and Y.”
Claim 1 line 2 states “with internal combustion engine” and should state --with an internal combustion engine--.
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.
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 1-15 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example:
Claim 1 states “wherein the support structure comprises equipment places for fastening each one of the equipping components in and/or on the support structure and the respective equipment place is each configured with respect to a shape and/or a fastening device corresponding to a shape and/or a fastening device of a fastening region of the associated equipping component, for which the respective fastening place is intended.”
The multiple use of “and/or” and grammar make it unclear what is required by the claim. It is unclear if all the alternatives are even enabled. Is it just the fastening device that corresponds to a shape and/or a fastening device of a fastening region? Or is it both the shape and/or fastening device? Can a shape correspond to a fastening device? What does it mean to have a fastening device correspond to a fastening device?
Further, “the respective fastening place” lacks antecedent basis. Is this related to the equipment place? Or is the fastening place a separate place?
As best understood, the support structure comprises equipment places for fastening each one of the equipping components to at least one of in the support structure and on the support structure.
Claim 2 states “wherein it is provided by the equipping components: of at least one machine model, each at least one electrical machine and/or of at least one assembly type, each at least one additional assembly for operating the at least one electrical machine, and at least one equipment place is respectively provided in and/or on the support structure for each machine model and/or for each assembly type, wherein in particular different machine models are provided as a respective alternative for different drive variants for alternatively equipping.”
It is unclear what “it” is referring to in “it is provided”. Or is this trying to state that the equipping components comprise the listed limitations?
It is unclear what is meant by “of at least one machine model, each at least one electrical machine”. Is this just trying to state that at least one of the components is an electrical machine? Or is the at least one machine model different than the electrical machine? What is the connection between these components?
It is unclear what “of at least one assembly type, each at least one additional assembly for operating the at least one electrical machine” is trying to state. Is this trying to state one of the components is an assembly? Is the additional assembly part of the at least one assembly type or is this this in addition to? What is the connection between these components? Is this trying to state that for each of the at least one electrical machine a respective additional assembly is operating that respective electrical machine?
The “and/or” limitations make it unclear what is meant to be part of the alternative. Of the three paragraphs of claim 2, only the first ends with and/or, so are the last two paragraphs meant to be tied together? It seems all that is required is at least one machine model with the rest of the claim being in an alternative. It is unclear if this is the intention, but this is how the claim will be examined.
Further, “at least one equipment place” is a double inclusion as “equipment places” have already been established in claim 1. Is this a different equipment place?
The use of “in particular” makes it unclear what is required by the claim or not.
Further, the claim states “different machine models are provided as a respective alternative for different drive variants”. This is a double inclusion as the claim already recites “machine models”. Are these related to the machine models? If so, the claim only stated “at least one machine model” not a plurality of machine models.
Claim 4 line 4 states “in particular”. It is unclear if the features after are required or not.
Claim 6 states “wherein at least one of the following is provided as the adapter type”, but follows each limitation with “and/or”. The use of “and/or” language in a listing of “at least one of” makes it unclear what the intention of the claim is. It is suggested applicant get rid of all “and/or” language in claim 6.
Claim 6 lines 5 and 8, the use of “in particular” makes it unclear what is required by the claim or not.
Claim 9 states “wherein an energy storage unit is provided for an installation space of a fuel tank and/or a trunk of the motor vehicle, which comprises installation places for battery modules, wherein an electrical connection device is provided, which each provides an electrical connection to the electric traction drive both with full equipment and with partial equipment of the installation places of the energy storage unit with battery modules”. It is unclear what is meant by this limitation.
It is unclear how an energy storage unit provides installation space for a fuel tank and/or a trunk of the motor vehicle. Is this trying to state that the energy storage unit is replacing these components from the original vehicle? What comprises installation places for battery modules?
What is meant by “which each provides an electrical connection” when only a single electrical connection device is provided?
What is meant by “both with full equipment and with partial equipment of the installation places”? What is “both” referring to? The term “the installation places” lacks antecedent basis. Is this referring to the installation space?
The term “battery modules” in line 6 is a double inclusion as “battery modules” have already been established earlier in the claim. Is this referring to the same battery modules?
Claim 10 states “a rotor of the electrical machine is preset in the support structure by an equipment place for an electrical machine”. The limitation “the electrical machine” in this limitation lacks antecedent basis. Is this meant to depend on claim 2 which establishes the electrical machine? The limitation “an electrical machine” is a double inclusion as the electrical machine is already established. The limitation “an equipment place” is a double inclusion as claim 1 already establishes equipment places. Is this one of the equipment places established in claim 1 or a new one?
Claim 10 line 7 states “in particular”. It is unclear if the features after are required or not.
Claim 11 states “A support structure for a kit system according to claim 1”. It is unclear if the feature of the kit system are meant to be required in claim 11. There are many double inclusions already established in claim 1. A support structure for a kit system can be claimed, but it is unclear what the metes and bounds of a support structure for a kit system according to claim 1 would be.
Claim 12 states “wherein the support structure comprises a laying path for a high-voltage cable on the one hand and a laying path for a data cable and/or for a cable of a low-voltage component on the other hand, wherein the laying paths are arranged continuously spatially spaced by a predetermined interference suppression distance.” The terms “the one hand” and “the other hand” lack antecedent basis and should be deleted from the claim. The second instance of “a laying path” is a double inclusion as a laying path is already established. These should be --a first laying path-- and --a second laying path--.
Claim 14 states “in particular” and “preferably”, making it unclear what is required by the claim.
The remainder of the claims are rejected for being dependent on a rejected 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)(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 1-7, 9 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/025859 to Richardson et al.
Richardson discloses:
(Claim 1) A modular kit system for converting a traction drive of a motor vehicle from a drive with internal combustion engine to an electric traction drive (pg. 2 ln 14-18), comprising: a mechanical support structure (Figs. 1, 3A-3E, 4, and 5, element 108) with a mechanical connection interface for fastening the support structure in an engine compartment of the motor vehicle instead of the internal combustion engine (pg. 10 ln 20-25); electrical equipping components (Figs. 3B-3E, elements 102, 1002, 1004, 1006, and 1008) for equipping the support structure (Figs. 3B-3E), wherein a respective combination of at least some of the equipping components overall results in a respective drive variant of the electric traction drive (pg. 7 ln 30-31 and pg. 8 ln 6-12), wherein the support structure comprises equipment places for fastening each one of the equipping components in and/or on the support structure and the respective equipment place is each configured with respect to a shape and/or a fastening device corresponding to a shape and/or a fastening device of a fastening region of the associated equipping component, for which the respective fastening place is intended (see corresponding area forms of 108 for components 1002-1008 in Figs. 3B-3D).
(Claim 2) wherein it is provided by the equipping components: of at least one machine model (see elements 1002, 1006), each at least one electrical machine and/or of at least one assembly type, each at least one additional assembly for operating the at least one electrical machine, and at least one equipment place is respectively provided in and/or on the support structure for each machine model and/or for each assembly type, wherein in particular different machine models are provided as a respective alternative for different drive variants for alternatively equipping.
(Claim 3) wherein at least one of the following assembly types is provided: power electronics, an electrical energy storage for storing drive energy, a charging device (1004), a control device, a negative pressure pump, an air conditioning compressor, a heating assembly.
(Claim 4) wherein the mechanical connection interface of the support structure corresponds to a mechanical connection interface for a predetermined body type of the motor vehicle (pg. 10 ln 20-25) in that the connection interface in particular comprises a respective connection element for at least one engine bearing and/or for at least one engine bearing strut and/or for at least one hydromount.
(Claim 5) wherein at least one adapter of at least one adapter type for mechanically and/or electrically adapting at least one of the equipping components to a respective predetermined existing component of the motor vehicle is respectively provided (see Figs. 1-2 element 102 in conjunction with 202 above 204, pg. 9 ln 28-32).
(Claim 6) wherein at least one of the following is provided as the adapter type: a flange for connecting the electric traction drive to a manual transmission or an automatic transmission of the motor vehicle, and/or an electrical terminating element for replacing an electrical component in particular removed together with the internal combustion engine at a cable end of a cable of the motor vehicle, and/or a simulation circuit for simulating an electrical component (pg. 9 ln 28-32) in particular removed with the internal combustion engine during an operation of the electric traction drive after the conversion, and/or a belt drive for coupling an air conditioning compressor to the electrical machine installed in the support structure, and/or an adapter to a cooling system.
(Claim 7) wherein the support structure is completely or partially configured as a grid frame with at least one grid rod (see 108).
(Claim 9) wherein an energy storage unit is provided for an installation space of a fuel tank and/or a trunk of the motor vehicle (Fig. 1 and 6A, element 106n), which comprises installation places for battery modules (802), wherein an electrical connection device is provided, which each provides an electrical connection to the electric traction drive both with full equipment and with partial equipment of the installation places of the energy storage unit with battery modules.
(Claim 11) A support structure for a kit system according to claim 1, wherein the support structure comprises a mechanical connection interface for fastening the support structure in an engine compartment of a motor vehicle of a predetermined body type and equipment places for fastening each one equipping component in and/or on the support structure, wherein the respective equipment place for the respective equipping component, for which the respective fastening place is intended, is each shaped for abutting and/or for locking the equipping component and/or comprises a fastening device for fastening the equipping component (see Figs. 3B-3E, elements 1002-1008).
(Claim 12) wherein the support structure comprises a laying path for a high-voltage cable on the one hand and a laying path for a data cable and/or for a cable of a low-voltage component on the other hand, wherein the laying paths are arranged continuously spatially spaced by a predetermined interference suppression distance (see Fig. 14).
(Claim 13) A motor vehicle with a support structure according to claim 11 in the engine compartment (Fig. 1).
(Claim 14) wherein, for obtaining a pedestrian protection in the closed state of a hood of the motor vehicle, the support structure has a minimum distance to the closed hood arranged above (must inherently have a minimum distance to the closed hood), which is in particular more than 1 cm, preferably more than 2 cm.
(Claim 15) A method for converting a motor vehicle by means of a kit system according to claim 1 (pg. 2 ln 24-27), comprising the following steps: depending on a manufacturer and/or body type of the motor vehicle, ascertaining the kit system with the support structure suitable for the engine compartment of the motor vehicle (pg. 7 ln 1 to pg. 8 ln 12), depending on a user selection (for example, selection of the type of vehicle to be converted) of a drive variant, selecting (for example, according to the selected vehicle) equipping components for the selected drive variant from the kit system (102, 1002, 1004, and 1006 are then selected accordingly), equipping the support structure with the selected equipping components, wherein equipping is effected by fastening the selected equipping components to a respective equipment place intended for them on and/or in the support structure (see for example illustrated embodiments of 108), removing at least the internal combustion engine from the engine compartment of the motor vehicle (pg. 10 ln 20-25), installing the support structure in the engine compartment instead of the internal combustion engine, wherein the installation is effected in the non-equipped or partially equipped or fully equipped state of the support structure (see Figs. 1, 4, and 5, element 108).
Claims 1-7, 10-11, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent App. Pub. No. 2019/0263449 to Ta et al.
Ta discloses:
(Claim 1) A modular kit system for converting a traction drive of a motor vehicle from a drive with internal combustion engine to an electric traction drive (par. [0031]), comprising: a mechanical support structure (Fig. 5a element 500) with a mechanical connection interface for fastening the support structure in an engine compartment of the motor vehicle instead of the internal combustion engine (see Figs. 1-2 and 5b, 500 is used to replace engine at the previous engine compartment); electrical equipping components (see Fig. 13 and Fig. 6b elements 602 and 604) for equipping the support structure, wherein a respective combination of at least some of the equipping components overall results in a respective drive variant of the electric traction drive, wherein the support structure comprises equipment places for fastening each one of the equipping components in and/or on the support structure and the respective equipment place is each configured with respect to a shape and/or a fastening device corresponding to a shape and/or a fastening device of a fastening region of the associated equipping component, for which the respective fastening place is intended (see Fig. 6b).
(Claim 2) wherein it is provided by the equipping components: of at least one machine model, each at least one electrical machine (Fig. 6b element 106) and/or of at least one assembly type, each at least one additional assembly for operating the at least one electrical machine, and at least one equipment place is respectively provided in and/or on the support structure for each machine model and/or for each assembly type, wherein in particular different machine models are provided as a respective alternative for different drive variants for alternatively equipping.
(Claim 3) wherein at least one of the following assembly types is provided: power electronics, an electrical energy storage (602 604) for storing drive energy, a charging device, a control device, a negative pressure pump, an air conditioning compressor, a heating assembly.
(Claim 4) wherein the mechanical connection interface of the support structure corresponds to a mechanical connection interface for a predetermined body type of the motor vehicle in that the connection interface (see Fig. 6a, par. [0033]) in particular comprises a respective connection element for at least one engine bearing and/or for at least one engine bearing strut and/or for at least one hydromount.
(Claim 5) wherein at least one adapter of at least one adapter type for mechanically and/or electrically adapting at least one of the equipping components to a respective predetermined existing component of the motor vehicle is respectively provided (par. [0041]).
(Claim 6) wherein at least one of the following is provided as the adapter type: a flange for connecting the electric traction drive to a manual transmission or an automatic transmission of the motor vehicle (par. [0041]), and/or an electrical terminating element for replacing an electrical component in particular removed together with the internal combustion engine at a cable end of a cable of the motor vehicle, and/or a simulation circuit for simulating an electrical component in particular removed with the internal combustion engine during an operation of the electric traction drive after the conversion, and/or a belt drive for coupling an air conditioning compressor to the electrical machine installed in the support structure, and/or an adapter to a cooling system.
(Claim 7) wherein the support structure is completely or partially configured as a grid frame (Fig. 5a) with at least one grid rod (520).
(Claim 10) wherein a predetermined, spatial orientation of a rotational axis of a rotor of the electrical machine is preset in the support structure by an equipment place for an electrical machine of the electric traction drive (see Fig. 6b) and the support structure comprises at least one support element (Fig. 5b element 103), which protrudes from the support structure transversely or obliquely to this spatial orientation of the rotational axis, to in particular rest and/or abut in the engine compartment as a torque support.
(Claim 11) A support structure (500) for a kit system according to claim 1, wherein the support structure comprises a mechanical connection interface for fastening the support structure in an engine compartment of a motor vehicle of a predetermined body type and equipment places for fastening each one equipping component in and/or on the support structure, wherein the respective equipment place for the respective equipping component, for which the respective fastening place is intended, is each shaped for abutting and/or for locking the equipping component and/or comprises a fastening device for fastening the equipping component (see Fig. 6b).
(Claim 13) A motor vehicle (Fig. 1) with a support structure according to claim 11 in the engine compartment.
(Claim 14) wherein, for obtaining a pedestrian protection in the closed state of a hood of the motor vehicle, the support structure has a minimum distance to the closed hood arranged above (must inherently have a minimum distance to the closed hood), which is in particular more than 1 cm, preferably more than 2 cm.
(Claim 15) A method for converting a motor vehicle by means of a kit system according to claim 1, comprising the following steps: depending on a manufacturer and/or body type of the motor vehicle, ascertaining the kit system with the support structure suitable for the engine compartment of the motor vehicle (Fig. 9 element 912), depending on a user selection of a drive variant, selecting equipping components for the selected drive variant from the kit system (Fig. 8 element 818), equipping the support structure with the selected equipping components (Fig. 8 element 818), wherein equipping is effected by fastening the selected equipping components to a respective equipment place intended for them on and/or in the support structure, removing at least the internal combustion engine from the engine compartment of the motor vehicle (Fig. 8 element 812), installing the support structure in the engine compartment instead of the internal combustion engine, wherein the installation is effected in the non-equipped or partially equipped or fully equipped state of the support structure (Fig. 8 element 816).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Richardson in view of U.S. Patent App. Pub. No. 2020/0361536 to Swain.
Richardson discloses:
The limitations of claim 7.
Richardson does not disclose:
(Claim 8) wherein the grid frame comprises at least one curved rod and/or at least one rod with a wall thickness and/or diameter variably configured along its longitudinal extension direction and/or at least one rod with a structural weakening location.
Swain teaches:
(Claim 8) wherein the grid frame comprises at least one curved rod (Par. [0103], curved corners) and/or at least one rod with a wall thickness and/or diameter variably configured along its longitudinal extension direction and/or at least one rod with a structural weakening location.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified, with a reasonable expectation of success, the structure of Richardson to have curved corners, as taught by Swain, as an obvious design choice to the shape of the grid frame. One of ordinary skill would be able to apply the teachings of Swain to Richardson to have the corners curved and produce predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ta in view of Swain.
Ta discloses:
The limitations of claim 7.
Ta does not disclose:
(Claim 8) wherein the grid frame comprises at least one curved rod and/or at least one rod with a wall thickness and/or diameter variably configured along its longitudinal extension direction and/or at least one rod with a structural weakening location.
Swain teaches:
(Claim 8) wherein the grid frame comprises at least one curved rod (Par. [0103], curved corners) and/or at least one rod with a wall thickness and/or diameter variably configured along its longitudinal extension direction and/or at least one rod with a structural weakening location.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified, with a reasonable expectation of success, the structure of Richardson to have curved corners, as taught by Swain, as an obvious design choice to the shape of the grid frame. One of ordinary skill would be able to apply the teachings of Swain to Richardson to have the corners curved and produce predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Merkel (US 2015/0360549) discloses a mounting frame for an electrically driven motor vehicle.
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/TIMOTHY HANNON/Primary Examiner, Art Unit 3655