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 8-15 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.
Claim 8 recites the limitation "the at least one vehicle body cross-member" in the last clause. There is insufficient antecedent basis for this limitation in the claim because no at least one vehicle body cross-member has been previously recited. It is noted the claim has only previously recited “at least one cross-member mounted to a vehicle body” and is not the same as “at least one vehicle body cross-member” as recited. Clarification is requested.
Claim 13 recites the limitation "a front surface of the module accommodation space and a rear surface of the module accommodation space.” It is unclear how one is to determine what is a “surface” of a “module accommodation space” much less “a front surface” and “a rear surface.” Clarification is requested.
Claim 14 recites the limitations “a position ahead of the module accommodation space” and “a position behind the module accommodation space” in the first clause. It is unclear what is meant by a position “ahead” of the module accommodation space and a position “behind” the module accommodation space without further guidance with respect to how one is to determine the spatial relationship. Clarification is requested.
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) 8-10 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Yamaguchi et al. (US 2013/0229030).
Regarding Claim 8, Yamaguchi discloses a mounting structure (see Figure 3) for a vehicular battery pack (50), the mounting structure comprising:
a lower case (54) including a module accommodation space defined therein to accommodate a plurality of battery modules (56) (see Figure 3);
at least one longitudinal member (52) provided in the module accommodation space (see Figures 3 and 8) in the lower case and arranged to be elongate in a forward-rearward direction ([0099]);
at least one cross-member (22, 24, 92) mounted to a vehicle body (floor panel 12) and arranged to be elongate in a transverse direction of the vehicle body (see Figure 3); and
a through-bolt (62) fastened through the at least one longitudinal member and the at least one vehicle body cross-member ([0101]; see Figure 3).
Regarding claim 9, Yamaguchi discloses all the claim limitations as set forth above, and further discloses a mounting through-hole formed in the at least one longitudinal member to allow the through-bolt to be inserted therethrough (there has to be a through hole formed in order for a bolt to be inserted; [0101]; see Figure 8); and
a through pipe (threading in the through hole) mounted in the mounting through-hole, wherein the through pipe is formed to allow the through-bolt to pass therethrough in order to support fastening force of the through-bolt ([0101]).
Regarding claim 10, Yamaguchi discloses all the claim limitations as set forth above, and further discloses a transverse member (34) provided in the module accommodation space in the lower case and arranged in a direction perpendicular to the at least one longitudinal member (see Figures 3 and 7).
Regarding claim 13, Yamaguchi discloses all the claim limitations as set forth above, and further discloses the module accommodation space in the lower case is a rectangular parallelepiped shape (see Figure 3); and
the at least one longitudinal member is mounted so as to be connected between a front surface of the module accommodation space and a rear surface of the module accommodation space (see Figure 3).
Regarding claim 14, Yamaguchi discloses all the claim limitations as set forth above, and further discloses the lower case comprises an extension space defined therein (as seen in Figure 3) at at least one of a position ahead of the module accommodation space or a position behind the module accommodation space (where battery unit 80 is located); and
the extension space is a separate space extending forward or rearward from the module accommodation space (as set forth above).
Regarding claim 15, Yamaguchi discloses all the claim limitations as set forth above, and further discloses the lower case includes battery side members (68) provided on both sides of the module accommodation space (see Figure 3);
the battery side members are connected at end portions thereof to a peripheral member (82) that defines the extension space (see Figures 3 and 14); and
the battery side members include a plurality of side mounting holes formed therein to couple the battery side members to the vehicle body (holes in which bolts 67 go through; [0105]; see Figure 14).
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.
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) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. (US 2013/0229030) in view of
Regarding claim 11, Yamaguchi discloses all the claim limitations as set forth above, and further discloses the at least one cross-member (92) having a seat secured above (see Figures 3 and 7).
Yamaguchi does not expressly disclose the at least one cross-member is a seat cross-member provided for mounting of a seat; and the through-bolt is fastened through the seat cross-member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have secured the rear seat to a reinforcement structural beam such as a cross-member in the device of Yamaguchi for support and it would have been obvious to have selected the use of bolts as Yamaguchi discloses using bolts to secure different brackets and cross members ([0108]) and one of ordinary skill in the art would have a reasonable expectation of success in doing so.
Regarding claim 12, modified Yamaguchi discloses all the claim limitations as set forth above, and further discloses the seat cross-member is mounted above a floor panel of the vehicle body (see Figure 7).
While modified Yamaguchi does not expressly disclose the mounting structure further comprises a weld nut fixedly provided between the seat cross-member and the floor panel; and the through-bolt is fastened to the weld nut, the reference discloses the use of a through bolt (66) to fasten to a cross member (34) comprising a weld nut (36), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a weld nut to be fixedly provided between the seat cross-member and the floor panel in order to use the through bolt to be fastened to the weld nut in the device of modified Yamaguchi, because it is a known method of securing the through bolt that is also disclosed by Yamaguchi and one of ordinary skill in the art would have a reasonable expectation of success in doing so.
Response to Arguments
Applicant’s arguments with respect to claim(s) 8-15 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA CHERN whose telephone number is (408)918-7559. The examiner can normally be reached Monday-Friday, 9:30 AM-5:30 PM PT.
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, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA CHERN/Primary Examiner, Art Unit 1722
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