DETAILED ACTION
This action is a first action on the merits. The claims filed on October 11, 2023 have been entered. Claims 1-7 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims foreign priority to Japanese Patent Application No. JP2022-193800 filed on December 2, 2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed October 11, 2023 has been considered by the Examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it exceeds 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al., Japanese Patent No. JP 2019-18822 (hereinafter Kato 2109) (all citation are to the English translation dated 2025) in view of Kato et al., Japanese Patent No. 2017-128299 (hereinafter Kato 2017) (all citation are to the English translation dated 2025).
Claim 1: Kato 2019 discloses a vehicle side portion structure, comprising: a battery (power secondary battery Ba) disposed at a lower side of a floor panel (floor panel Ve2) of a vehicle (vehicle Ve); and
a lower hinge (lower door pocket member 21 arranged within door rail 21c) provided at a lower portion of a sliding door (sliding car door 10) that opens and closes a side portion of the vehicle (Ve) (pg 2, Fig 1), the lower hinge (21/21c) configured to support the sliding door (10) such that the sliding door is slidable in a vehicle longitudinal direction, and, in a state in which the sliding door is closed, at least an inner side portion in a vehicle left-right direction of the lower hinge (21/21c) being disposed at a position overlapping with the battery as seen in a side view (battery case 30 is disposed below the floor panel Ve2 while adjoining the lower door pocket member 21 (door pocket) in the vehicle width direction, and at least a part of the battery case 30 overlaps the lower door pocket member 21, see Fig 3-4, pg 7).
Kato 2019 fails to disclose wherein a concave portion is formed at a portion of the battery that the inner side portion of the lower hinge faces in the vehicle left-right direction in the state in which the sliding door is closed, and the concave portion has a size such that at least a portion of the inner side portion of the lower hinge is insertable into the concave portion.
Kato 2017 discloses a vehicle side portion structure, comprising:
a vehicle component (fuel tank 26) disposed at a lower side of a floor panel (floor panel 13) of a vehicle (vehicle 1); and
wherein a concave portion (step-shaped depression 26a) is formed at a portion of the vehicle component (fuel tank 26) that the inner side portion of a second vehicle component (first cover member 12F) faces in the vehicle left-right direction and the concave portion (26a) has a size such that at least a portion of the inner side portion of the vehicle component (12F) is insertable into the concave portion (26a) (when a first cover member 12F displaces in the vehicle width direction together with the right side sill 4R by an impact load, interference of the first cover member with the fuel tank can be avoided, Fig 7-8, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the battery of Kato 2019 to include a concave portion as disclosed by Kato 2017 formed at the portion of the battery that the inner side portion of the lower hinge faces when the sliding door is closed, as applying this known technique of arranging in-vehicle components such that the lower hinge is insertable into the battery would have yielded the predictable results of avoiding interference between the battery and the lower hinge when the lower hinge is displaced by an impact load in the vehicle width direction (Kato 2017, Fig 7-8, pg 5).
Claim 2: Kato 2019 further discloses a height, in a vehicle vertical direction, of a surface of the overlap portion (of battery case 30) is less than or equal to a height, in the vehicle vertical direction, of a lower surface of the lower hinge (21/21c) (surface of battery case 30 which is overlapped is less than a height of the lower surface of lower door pocket member 21 as shown in Fig 4-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the a height of a bottom surface of the concave portion of the battery be less than or equal to a height of a lower surface of the lower hinge, as applying this known technique of arranging in-vehicle components would have yielded the predictable results of overlapping a bottom surface of the concave portion with of a lower surface of the lower hinge thereby avoiding interference between the battery and the lower hinge when the lower hinge is displaced by an impact load in the vehicle width direction (Kato 2017, Fig 7-8, pg 5).
Claim 5: Kato 2019 further discloses wherein the battery (Ba) is housed in a battery case (battery case 30) (Fig 3-4, pg 6-7).
Claim 6: Kato 2019 and Kato 2017 are silent as to herein a concave portion corresponding to the concave portion of the battery is formed at the battery case.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to further modify the battery case to have a concave portion corresponding to the concave potion of the battery as forming a recess in the battery case that corresponds to the recesses of the battery would have yielded the predictable results of recesses formed in the same portions to avoid interference with each other (Kato 2017, Fig 7-8, pg 5).
Claim 7: Kato 2019 discloses a vehicle side portion structure, comprising: a battery case (battery case 30) disposed at a lower side of a floor panel (floor panel Ve2) of a vehicle (vehicle Ve); and
a lower hinge (lower door pocket member 21 arranged within door rail 21c) provided at a lower portion of a sliding door (sliding car door 10) that opens and closes a side portion of the vehicle (Ve) (pg 2, Fig 1), the lower hinge (21/21c) configured to support the sliding door (10) such that the sliding door is slidable in a vehicle longitudinal direction, and, in a state in which the sliding door is closed, at least an inner side portion in a vehicle left-right direction of the lower hinge (21/21c) being disposed at a position overlapping with the battery case as seen in a side view (battery case 30 is disposed below the floor panel Ve2 while adjoining the lower door pocket member 21 (door pocket) in the vehicle width direction, and at least a part of the battery case 30 overlaps the lower door pocket member 21, see Fig 3-4, pg 7).
Kato 2019 fails to disclose wherein a concave portion is formed at a portion of the battery case that the inner side portion of the lower hinge faces in the vehicle left-right direction in the state in which the sliding door is closed, and the concave portion has a size such that at least a portion of the inner side portion of the lower hinge is insertable into the concave portion.
Kato 2017 discloses a vehicle side portion structure, comprising:
a vehicle component (fuel tank 26) disposed at a lower side of a floor panel (floor panel 13) of a vehicle (vehicle 1); and
wherein a concave portion (step-shaped depression 26a) is formed at a portion of the vehicle component (fuel tank 26) that the inner side portion of a second vehicle component (first cover member 12F) faces in the vehicle left-right direction and the concave portion (26a) has a size such that at least a portion of the inner side portion of the vehicle component (12F) is insertable into the concave portion (26a) (when a first cover member 12F displaces in the vehicle width direction together with the right side sill 4R by an impact load, interference of the first cover member with the fuel tank can be avoided, Fig 7-8, pg 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the battery case of Kato 2019 to include a concave portion as disclosed by Kato 2017 formed at the portion of the battery case that the inner side portion of the lower hinge faces when the sliding door is closed, as applying this known technique of arranging in-vehicle components such that the lower hinge is insertable into the battery case would have yielded the predictable results of avoiding interference between the battery case and the lower hinge when the lower hinge is displaced by an impact load in the vehicle width direction (Kato 2017, Fig 7-8, pg 5).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato 2109 in view of Kato 2017 as applied to claim 2, and further in view of Ben Horin et al., PCT No. WO 2022/157724 (hereinafter Ben Horin).
Claim 3: Kato 2019, as modified by Kato 2017, fails to disclose wherein an impact absorbing member is fitted into the concave portion so as to fill the concave portion.
Ben Horin discloses impact absorbing members (energy absorbing members, EAMs 44) are beneficial in protecting battery packs and/or batteries in electric vehicles (par [0003]) and forming energy absorbing profiles a region wherein the battery pack is located (Fig 1, par [0017], [0031]). EAMs may be of a hollow shape of various cross sections (Fig 1, 8, par [031]-[033]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the concave portion of Kato 2019, as modified by Kato 2017, to include a impact absorbing member as disclosed by Ben Horin, so as to fill the concave portion as in is known to utilize impact absorbing members of various shapes to protect vehicle battery packs and the use of an impact absorbing member to fill the concave portion would have yielded the predictable results of providing an energy absorbing profile around the battery to reduce impact to the battery in the event of a collision and prevent battery rupture or flare up resulting in fire or explosion (Ben Horin, par [002]-[005]).
Claim 4: Kato 2019 and Kato 2017, as modified by Ben Horin, wherein a plurality of ribs (ribs 56) that run along the vehicle left-right direction (EAMs installed along left-right direction, see Fig 5B-5C) are formed at an upper surface of the impact absorbing member (44) (as shown in Fig 10, par [079]).
Conclusion
Claims 1-7 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676