DETAILED ACTION
The following action is in response to application 18/407,483 filed on January 9, 2024.
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 Objections
Claim 1 is objected to because of the following informalities: on line 4, “at the rear of the floor beam” should be replaced with “at a rear of the floor beam.” Appropriate correction is required.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katou (US 20130277130). With regard to claim 1, Katou teaches a lower structure of vehicle, comprising: a floor base plate 1, comprising a floor beam 2/3 disposed on an upper surface, the floor beam extending in a vehicle width direction; a battery component 27, disposed at the rear of the floor beam in a front and rear direction of the vehicle; and a battery covering portion 19/17, covering above the battery component (Fig. 4), the battery covering portion comprising a plurality of connection portions 22/23 connected to the floor beam, wherein the battery covering portion is formed of a steel material (paragraph 55), and the connection portions are disposed staggered from each other in height positions in an upward and downward direction of the vehicle (Fig. 12).
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.
Claims 1-9 is/are rejected under 35 U.S.C. 103 as being obvious over Hayakawa (US 20230101105) in view of Katou (US 20130277130).
The applied reference has a common assignee and common inventors (Hayakawa and Shinoda) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Annotated Figures (of Figure 1, and magnified parts of Figure 1) of Hayakawa have been provided below for reference regarding the claimed limitations:
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With regard to claim 1, Hayakawa teaches a lower structure of vehicle, comprising: a floor base plate 22, comprising a floor beam 14/66 disposed on an upper surface, the floor beam extending in a vehicle width direction; a battery component 124, disposed at the rear of the floor beam in a front and rear direction of the vehicle; and a battery covering portion 18, covering above the battery component, the battery covering portion comprising a plurality of connection portions 141/145 connected to the floor beam, wherein the battery covering portion is formed of a metal material (paragraph 141), and the connection portions are disposed staggered from each other in height positions in an upward and downward direction of the vehicle (Fig. 1; Fig. 12). Hayakawa lacks the specific teaching wherein the battery covering portion is formed a steel material. Katou teaches a similar lower structure of a vehicle comprising: floor base plate 1, a floor beam 2/3; a battery component 27; a battery covering portion 19/17, covering above the battery component (Fig. 4), the battery covering portion comprising a plurality of connection portions 22/23 connected to the floor beam, and wherein the battery covering portion is formed of a steel material (paragraph 55). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Hayakawa to employ a steel covering with reasonable expectation for success in view of Katou in order to provide a structurally strong covering. Also, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. With regard to claim 2, Hayakawa teaches the structure, wherein the connection portions comprise an outer connection portion 145 disposed close to an outer side in the vehicle width direction, an inner connection portion 141 (left) disposed close to an inner side in the vehicle width direction, and a central connection portion 141 (right) disposed between the outer connection portion and the inner connection portion, wherein the central connection portion is disposed higher in the upward and downward direction of the vehicle than the outer connection portion and the inner connection portion (Fig. 1; Fig. 12). With regard to claim 3, Hayakawa teaches the structure, wherein the outer connection portion 145 is disposed lower in the upward and downward direction of the vehicle than the inner connection portion and the central connection portion (Fig. 1). With regard to claim 4, Hayakawa teaches the structure, wherein the floor base plate further comprises a floor channel (Fig. 1), and the floor channel is disposed on a central side of the floor base plate in the vehicle width direction and extends in the front and rear direction of the vehicle, wherein an extension line extending from the outer connection portion toward the central connection portion intersects an upper surface of the floor channel (Fig. 1). With regard to claim 5, Hayakawa teaches the structure, wherein the inner connection portion is disposed lower in the upward and downward direction of the vehicle than the extension line (Fig. 1). With regard to claim 6, Hayakawa teaches the structure, wherein the battery covering portion comprises: a front wall 132, provided with the connection portions, and extending in the upward and downward direction of the vehicle; an upper wall 131, extending from an upper end of the front wall toward the rear in the front and rear direction of the vehicle; and a ridge portion (Fig. 1; Fig. 12), disposed between the front wall and the upper wall. With regard to claim 7, Hayakawa teaches the structure, wherein the upper wall comprises an upper connection portion 147, the upper connection portion is connected to the floor beam 14/66 at an outer end portion of the upper wall in the vehicle width direction (Fig. 9; Fig. 12), the ridge portion is sandwiched between the upper connection portion and the outer connection portion (Fig. 1; Fig. 12). With regard to claim 8, Hayakawa teaches the structure, wherein the ridge portion comprises a ridge curved portion (Fig. 12), and the ridge curved portion is curved on an outer side in the vehicle width direction, the floor beam comprises a gradually expanding portion (Fig. 9), the gradually expanding portion gradually expands upward on the outer side in the vehicle width direction, a position of the central connection portion is set to be further inward than the ridge curved portion in the vehicle width direction, and the central connection portion overlaps the gradually expanding portion in a viewing angle in the front and rear direction of the vehicle (Fig. 9/Fig. 12). With regard to claim 9, Hayakawa teaches the structure, wherein the connection portions are connected to each other by imaginary lines and form a triangular imaginary area (Fig. 1; Fig. 12).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Suggestions for Applicant
Should applicant be able to overcome the 103 rejection as stated above, claims 2 and 9 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ward ‘834 has been cited a similar vehicle structure, and particularly including a floor beam 1, a battery covering portion 34 made of sheet metal (page 2, line 109), connections portions between an end plate 4 and a beam 2 that are disposed staggered in the upward and downward direction and forming an imaginary triangle (Fig. 4).
Kiya ‘116 has been cited a similar vehicle structure, and particularly including a floor base plate 52, a floor beam 55, a battery 1, a cover 20, and connection portions 76/75 that are staggered in the upward and downward direction (Fig. 2/Fig. 5).
Mukumoto ‘775 has been cited a similar vehicle structure, and particularly including a floor base plate 14, a floor beam 16 with a gradually expanding portion (Fig. 2; paragraph 39), a battery 42, a cover 21, a floor channel 15, and connection portions that are staggered in the upward and downward direction (top connector and lower connectors 71a; Fig. 2).
Hayakawa ‘857 has been cited a similar vehicle structure, and particularly including a floor base plate 10, a floor beam 20 with a gradually expanding portion (Fig. 2), a cover 40, a floor channel 15, and connection portions B1/B2that are staggered in the upward and downward direction; and a ridge Lf.
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/ROGER L. PANG/
Examiner
Art Unit 3655B
/ROGER L PANG/Primary Examiner, Art Unit 3655