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 .
DETAILED ACTION
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 of this title, 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 set forth in Graham V. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
1. Claims 1-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hatta et al. (US 9,048,484) in view of Naruke (US 9,321,338).
[CLAIM 1] Regarding claim 1, Hatta discloses an electric passenger transport vehicle, comprising: a car body including a floor (Hatta FIG 1); a first seat (7) located at a distance above the floor (Hatta FIG 1); a second seat (9) located at a distance behind the first seat (Hatta FIG 1).
-However, it fails to disclose batteries aligned in a single line between the first seat and the floor in a vehicle-width direction and where each of the batteries at least partially overlap one another when viewed from a side along the vehicle-width direction.
-Nevertheless, Naruke discloses laterally concentric battery modules (54) in FIG 8 beneath the seats positioned adjacently (e.g. a single row).
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Hatta to employ plural batteries as taught by Naruke with a reasonable expectation of success in order to enable in vehicle service of an individual module.
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[CLAIM 2] Regarding claim 2, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein surfaces of the batteries facing the second seat are aligned at a same position in a forward and backward direction (Hatta FIG 1 and Naruke FIG 8 illustrate the batteries suitable for mounting if desired below the floor and/or second seats).
[CLAIM 3] Regarding claim 3, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein the first seat includes a seat portion (Hatta FIG 1) and a back rest portion (Hatta FIG 1) and the batteries are located more forward than a back end of the seat portion (Hatta FIG 1 shows the battery forward of the front edge of the seat and is exemplary, modification for a specific vehicle application would alter the battery operation. Additionally, Naruke illustrates discrete battery modules beneath the seats and can be positioned as desired because of the individual placement).
[CLAIM 4] Regarding claim 4, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein the first seat includes a seat portion (Hatta FIG 1) and a back rest portion (Hatta FIG 1), and the electric passenger transport vehicle further comprises rear columns supporting a rear portion of the seat portion at positions at a distance above the floor (Columns are conventionally above the floor), wherein the rear columns are positioned between the floor and the seat portion, and the batteries are located more forward than the rear columns (Hatta is a cut-away view but inherently includes A, B and C pillars and likely a D pillar. The vehicle structure supports the required contents e.g. seats and battery each can be positioned where the rear columns are positioned between the floor and the seat portion. Each pillar extends from the floor conventionally to the roof. Here battery 13 at least partially is forward of B-D pillars, see annotated FIG 1).
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[CLAIM 5] Regarding claim 5, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 4, further comprising a rear cover covering the batteries and the rear columns from rear (Hatta FIG 2 shows the battery cover and can incorporate covering the vehicle pillars and the interior panels conventionally cover all of the body-in-white).
[CLAIM 6] Regarding claim 6, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 5, wherein the rear cover is flat-plate-shaped or has a curved plate shape protruding toward the second seat (Hatta FIG 2).
[CLAIM 7] Regarding claim 7, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein the first seat includes a seat portion (Hatta FIG 1) and a back rest portion (Hatta FIG 1), the electric passenger transport vehicle further comprises front columns supporting a front portion of the seat portion at positions at a distance above the floor, and the batteries (Naruke, batteries 54) are located more backward than the front columns (Hatta is a cut-away view but inherently includes A, B and C pillars and likely a D pillar at the vehicle lift-gate. All of this structure supports the vehicle contents including seats and battery. Each pillar extends from the floor conventionally to the roof. Hatta, Battery 13 is behind the A pillar as are the Naruke batteries 54).
[CLAIM 8] Regarding claim 8, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 7, further comprising a front cover covering the batteries and the front columns from front (Hatta FIG 2 shows the battery cover and can incorporate covering the vehicle pillars and the interior panels conventionally cover all of the body-in-white and Naruke includes its batteries 54 beneath the seats which are nearest the A-pillar).
[CLAIM 9] Regarding claim 9, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein each of the batteries has a shape of a rectangle enclosed by a pair of long sides with a first dimension (Hatta FIG 3 and Naruke FIG 8) and a pair of short sides with a second dimension smaller than the first dimension in a plan view, and the batteries are aligned in the vehicle-width direction in attitudes in which a direction of the short sides is along the vehicle-width direction (Hatta FIG 3 is exemplary and any desired shapes can be selected to meet a particular vehicle application without altering the battery function).
[CLAIM 10] Regarding claim 10, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein each of the batteries includes a positive terminal and a negative terminal that are aligned along a forward and backward direction (Hatta FIG 3), and the positive terminal and the negative terminal in the adjacent batteries are disposed side by side in the vehicle-width direction (Hatta FIG 3 discloses a singular battery but can have separate modules as taught by Naruke).
[CLAIM 11] Regarding claim 11, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein each of the batteries is a lead acid battery (Lead acid batteries are conventional in the art selectable from a known group of battery chemistry).
[CLAIM 12] Regarding claim 12, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein a passenger entrance is open at outside portions of space between the first seat and the second seat in the vehicle-width direction on a permanent basis (Hatta FIG 1 is an exemplary cut-away of a vehicle which can incorporate a vehicle width opening where desired without altering the battery function).
[CLAIM 14] Regarding claim 14, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein the first seat includes a seat portion (Hatta FIG 1), the electric passenger transport vehicle further comprises a support frame (Tunnel 11) supporting the seat portion at a position at a distance above the floor, and the support frame supports battery holding components that restrict upward movement of the batteries (Hatta FIG 1, all battery components are ultimately supported by the chassis and body at assembly).
[CLAIM 15] Regarding claim 15, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein the first seat includes a seat portion (Hatta FIG 1), and the electric passenger transport vehicle further comprises a support frame (Tunnel 11). supporting the seat portion at a position at a distance above the floor (Hatta FIG 1, all seat and battery components are ultimately supported by the chassis and body at assembly), wherein outer faces located at extreme ends of the batteries in the vehicle-width direction are located outside right and left ends of the support frame and inside right and left ends of the floor (Hatta FIGS 1-3 show the battery module orientation in width direction).
[CLAIM 16] Regarding claim 16, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, further comprising pillar frames, wherein outer faces located at extreme ends of the batteries in the vehicle-width direction are located outside right and left ends of the pillar frames and inside right and left ends of the floor (Each vehicle pillar formed from the floor to roof is inside or is on an outer edge of the floor).
[CLAIM 17] Regarding claim 17, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, further comprising a front wheel and rear wheels, wherein an imaginary plane passing through a center of the front wheel and the rear wheels in a forward and backward direction crosses all the batteries (Hatta FIG 1, any imaginary plane can be employed to provide geometric reference for battery positioning as a matter of design choice for a particular vehicle application.
[CLAIM 18] Regarding claim 18, Hatta disclose/Naruke the electric passenger transport vehicle according to claim 1, wherein all the batteries mounted on the vehicle are aligned in the vehicle-width direction (Hatta, annotated FIG 3 and Naruke annotated FIG 8).
[CLAIM 19] Regarding claim 19, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein the batteries are positioned in front of the leg space of a passenger seated on the second seat (Naruke FIG 8 is exemplary and the batteries can be positioned and aligned corresponding to an area in a front/rear or side-to-side as desired without altering their function).
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[CLAIM 20] Regarding claim 20, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, wherein each surface of the batteries facing the second seat in the batteries positioned in front of the leg space is aligned at the same position in the forward and backward direction of the vehicle (Based on wheelbase, the battery modules of Naruke can be facing the second seat in the batteries positioned in front of the leg space is aligned at the same position in the forward and backward direction).
2. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hatta et al. (US 9,048,484) in view of Naruke (US 9,321,338) and in view of Harvey (US PG PUB NO 2004/0041430).
[CLAIM 13] Regarding claim 13, Hatta/Naruke disclose the electric passenger transport vehicle according to claim 1, further comprising a front wheel and rear wheels (Hatta FIG 1).
-However, the combination fails to disclose wherein a front end of the second seat is located more backward than a front end of the rear wheels.
-Nevertheless, Harvey discloses a set of rear seats 30 behind the front of the rear wheels which can be positioned in any orientation with respect to the rear wheels.
-Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Hatta to have a spare row of seats as taught by Harvey with a reasonable expectation of success in order to use all of the interior space for more passengers.
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Response to Arguments
Applicants describe the Hatta reference in detail which is exemplary and includes the elements including a floor, battery, seats and body which can be altered for plural vehicle platforms which is conventional in the art of manufacturing without altering the battery function.
Applicant respectfully submits that the Examiner confuses the battery pack 13 with the battery module 17 of Hatta which is unitary: (Examiner respectfully disagrees since its battery module are contained with the sub-seat enclosure. However, an additional reference (Naruke) is included, see 103 rejection above illustrating separate battery modules).
Applicant respectfully argues that in claim 13, the modifying reference to Harvey fails to cure the defects of Hatta but does not put forth a specific argument such that it is unclear how it is improper/defective and the rejection is maintained.
Regarding claim 4, as stated above, Hatta illustrates a conventional vehicle with standard body structure (See Hatta annotated FIG 1) which can orient columns in any manner for designing a desired body where the body columns are angled or are segmented between the floor and seat portions and would not alter the battery function. Additionally, the batteries 54 of Naruke can have a similar orientation with respect to any body columns.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is (571)270-3411. The examiner can normally be reached on 9AM-6PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jason Shanske can be reached on (571)270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J TRIGGS/
Examiner, Art Unit 3614B
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614