The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-5 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 1, line 2, the recitation “a battery … is placed” is not understood in the context of an apparatus claim, as it appears to require the performance of an action, as would typically be associated with a method claim. However, an apparatus is defined by what it is, not by what it does. Appropriate functional terminology, such as configured to, capable of, etc., should be used.
This also applies to the recitations “is placed”, “is being moved” and “makes contact” is lines 2-5 of claim 5.
Claim 2, line 3, it is not clear if the recitation “a downstream side” is intended to be the same as “a downstream end” recited in claim 1. It will be assumed as such.
Further in claim 5, line 7, it is unclear what is meant by the recitation “inclined to be lowered on a center side”.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Li et al (US 2025/0326324 or corresponding CN 217468978).
Note: the Chinese patent document was published on 9/20/22 and thus qualifies as prior art under 35 U.S.C. 102(a)(1). Further, the US document claims priority to the Chinese application filed on 5/30/22 which became the above-noted patent document, and thus qualifies as prior art under 35 U.S.C. 102(a)(2). Any passages noted in the following analysis will refer to the US document.
Li shows a placement apparatus, comprising: a placement portion 2 on which a battery (note: element 1 is a battery swap frame in which a plurality of batteries are held; this is not precluded by the claim language) to be attached to a vehicle is placed; a positioning portion 9 disposed on or in the placement portion, the positioning portion being configured to position the battery by being engaged with a positioned portion 8 formed in or on a bottom portion of the battery; and a guidance portion 4 including a guidance surface 41 for guiding the battery toward the positioning portion, the guidance portion being disposed to protrude from the placement portion, wherein the guidance portion is disposed such that the positioning portion is located at a position corresponding to the positioned portion of the battery when a contact portion 3 of the battery making contact with the guidance surface is located at a downstream end of the guidance surface in a guiding direction (see Figs. 1-4 and “Example 10”, pars. [0090] – [0092]).
Re claim 2, the guidance surface is inclined so as to be located more on the placement portion side toward a downstream side in the guiding direction.
Re claim 3, the positioning portion is disposed on or in the placement portion such that the positioning portion is engageable with the positioned portion when the contact portion is located at the downstream end.
Re claim 4, the contact portion of the battery making contact with the guidance surface is “a projection portion” (as broadly recited; see Figs. 2-3) disposed on the bottom portion of the battery, and a height of the guidance portion is smaller than a height of the projection portion (emphasis added, noting that neither “a height” of the guidance portion nor of the projection portion is defined in any way that precludes such an interpretation).
Re claim 5 (as best understood in light of the rejections under 35 U.S.C. 112(b) above), Li further discloses a placement apparatus, comprising: a placement portion 2 on which a battery 1 attachable to and detachable from a vehicle is placed; and a guidance portion 4 including a guidance surface 41 that, while the battery is being moved in a first direction toward a target position on the placement portion, makes contact with the battery to guide the battery in a second direction orthogonal to the first direction, wherein the guidance surface is inclined to be lowered on a center side in the target position, and an end portion of the guidance surface on the center side in the target position is located at a position corresponding to an end portion of the target position in the second direction, as described in at least the above-noted par. [0092].
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
3/05/26
Prosecution Insights