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 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 contains the phrase “frame-shaped rigid member” which renders the claim indefinite because it is not possible to ascertain the exact shape of the rigid member as “frames” can come in many different shapes. Claims 2, 4 and 5 are rejected as being dependent on claim 1 and therefore containing the same defect.
Claims 4 and 5 recite in the preamble the subcombination of a “front frame structure” that is inconsistent with the body of the claims that recite limitations directed to the combination of the front frame structure and a vehicle. This inconsistency presents the question as to whether the claims recite a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because a vehicle is not an inherent component of the front frame structure.
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 and 3 are rejected under 35 U.S.C. 102(a1) as being anticipated by Shibata et al. (hereinafter Shibata, WIPO Publication WO 2014097513).
Regarding claim 1, Shibata discloses a front frame structure (Figures 1 and 4) for an electric vehicle, the front frame structure comprising: front side frames in a pair, the front side frames extending in a front-rear direction of a vehicle body of the electric vehicle and being disposed respectively on both sides in a vehicle width direction of a motor room provided in a front portion of the vehicle body (Figure 1 element 6); and impact absorbing members disposed at respective front ends of the front side frames (Figure 1 element 15); a bumper beam coupling the impact absorbing members (Figure 1 element 16); and a lower frame disposed in a lower portion of the motor room, both sides in the vehicle width direction of the lower frame being supported by the front side frames respectively (Figure 1 elements 8 and 45 ), wherein a power control unit comprising an electric motor is supported on a rear portion of the lower frame (Figure 15 element 150), wherein the front side frames are disposed respectively in extra spaces that are each defined with a side wall in the vehicle width direction of the motor room and a side surface of the power control unit (Figures 1 and 3), wherein a frame-shaped rigid member is disposed in an extra space in a front portion of the motor room (Figure 1 element 10), and wherein the front side frames are coupled to a rear surface of the frame-shaped rigid member, and the impact absorbing members are coupled to a front surface of the frame-shaped rigid member (Figures 1 and 3).
Regarding claim 3, see figure 1 elements 11-13.
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 4 and 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644