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 § 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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda (JP H1016822 A – hereinafter Matsuda), Aitharaju et al. (US 2020/0148121 A1 – hereinafter Aitharaju), and Chevalier et al. (US 2005/0012295 A1 – hereinafter Chevalier).
Regarding claim 1, Matsuda discloses a vehicle access step structure (Fig. 3 – vehicle access step structure comprising absorbing member 14, stay 16, and side step 12), the structure comprising: an energy absorption portion having an inner end, in a vehicle width direction, which is positioned below a side sill of a vehicle and which faces an outer end face, in the vehicle width direction, of a frame that needs to be protected from deformation, the energy absorption portion exhibiting an energy absorption function by deforming upon application of an external force of a predetermined size or greater (Fig. 1; page 3 – absorbing member 4, positioned below a side sill of a vehicle as shown in Fig. 1, deforms to absorb energy generated by a force exceeding a predetermined value applied inwardly to prevent the frame 24 from being impacted); a step portion positioned lower, and further toward an outer side, in the vehicle width direction, than the side sill, the step portion deforming upon application of the external force and exhibiting an energy absorption function together with the energy absorption portion (Fig. 1; page 3 – side step 12 positioned lower than the side sill as shown in Fig. 1, further toward an outer side in the vehicle width direction, deforming upon application of the force and exhibiting an energy absorption function together with the absorbing member 14, i.e. the side step is displaced inward in the vehicle width direction).
However, Matsuda does not disclose frame that needs to be protected from deformation comprises a battery configured to supply electric power to an electric motor that is a drive source of the vehicle; and an anti-slip portion provided at an upper surface of the step portion.
Aitharaju discloses a battery configured to supply electric power to an electric motor that is a drive source of the vehicle and needs to be protected from being deformed ([0011]; [0023]-[0024]; Fig. 3).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Aitharaju into the vehicle access step structure taught by Matsuda to apply the structure into vehicles running on electricity provided by battery and to protect the battery from being deformed for performance and safety reason, i.e. preventing the battery pack from damage, explosion, or set on fire due to impact so that the vehicle can be reliably functioning without posing any danger to the driver and passengers.
Matsuda and Aitharaju do not disclose an anti-slip portion provided at an upper surface of the step portion.
Chevalier discloses an anti-slip portion provided at an upper surface of a step portion (Figs. 1-2; [0027] – a side step 12 comprising an upper surface 16 with an anti-slip means in the form of grooves within the upper surface thereof, forming the step surface).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Chevalier into the access step structure taught by Matsuda and Aitharaju to keep passengers from being fallen when entering or exiting the vehicle.
Regarding claim 2, see the teachings of Matsuda, Aitharaju, and Chevalier as discussed in claim 1 above, in which Chevalier also discloses the anti-slip portion comprises at least one groove formed at the upper surface of the step portion and extending in a vehicle front-rear direction (Figs. 1-2; [0027] – a side step 12 comprising an upper surface 16 with an anti-slip means in the form of grooves extending in a vehicle front-rear direction within the upper surface thereof).
The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above.
Regarding claim 3, see the teachings of Matsuda, Aitharaju, and Chevalier as discussed in claim 2 above, in which Chevalier also discloses the access step structure having the groove is an extrusion molded article ([0027]; Fig. 2).
The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above.
Regarding claim 4, see the teachings of Matsuda, Aitharaju, and Chevalier as discussed in claim 1 above, in which Chevalier also discloses an attachment groove extending in a vehicle front-rear direction is formed at the upper surface of the step portion, and the anti-slip portion comprises an anti-slip member provided at the attachment groove ([0027]; Fig. 2).
The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above.
Regarding claim 5, see the teachings of Matsuda, Aitharaju, and Chevalier as discussed in claim 1 above, in which Chevalier also discloses a portion of the access step structure other than the anti-slip member is an extrusion molded article ([0027]; Fig. 2).
The motivation for incorporating the teachings of Chevalier into the access step structure has been discussed in claim 1 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Q Tran can be reached at 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484
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