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 CORRESPONDENCE
This is the first Office action on the merits for Application No. 18/490,899, filed 10/20/2023. Claims 1-12 are pending.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) received on 10/20/2023 has been considered by the examiner.
Drawings
The drawings are objected to because in Figures 1-6 hatching should be used to indicate section portions of an object for clarity. See MPEP 1.84 (h)(3) & (p)(3)(4). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claims 1-3 and 5-12 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by Drabon et al. (DE 102026/115647 B3, from IDS filed 10/20/2023, machine translation attached).
Regarding claim 1, Drabon discloses a motor vehicle, comprising:
a high-voltage battery (2, i.e., made up of battery cells 2) that includes:
a frame (4) which laterally delimits the high-voltage battery, and
a plurality of battery cells (figs. 1-3, paras. [0005], [0008]; i.e., battery cells 2) mounted in the frame so as to be suspended in a manner such that electrical contacts of the battery cells are directed in a downward orientation towards a driving surface and the cell bases are directed in an upward orientation (figs. 1 and 4), and
a floor panel (8) that forms a cover of the high-voltage battery to cover a top side of the frame (4; fig. 4).
Regarding claim 2, Drabon discloses the motor vehicle of claim 1, further comprising an underride guard plate (i.e., two-layer cover 12) that forms a base of the high-voltage battery and covers a bottom side of the frame (4; figs. 2-3 and 12).
Regarding claim 3, Drabon discloses the motor vehicle of claim 1, further comprising a plurality of crossmembers (19) of a supporting structure of the motor vehicle,
the plurality of crossmembers (19) being arranged within and connected to the frame (4) of the high-voltage battery (2, i.e., made up of batter cells 2).
Regarding claim 5, Drabon discloses the motor vehicle of claim 3, wherein each battery cell in the plurality of battery cells (figs. 1-3, i.e., battery cells 2) are mounted on the crossmembers (19) so as to be suspended in clearances between adjacent crossmembers (figs. 1-3; para. [0017]).
Regarding claim 6, Drabon discloses the motor vehicle of claim 5, wherein each battery cell in the plurality of battery cells (2) are mounted on the crossmembers (19) in a manner such that multiple parallel rows of battery cells extend between the crossmembers (figs. 1-3).
Regarding claim 7, Drabon discloses the motor vehicle of claim 1, wherein the battery cells (2) are mounted individually in the frame (figs. 1-3).
Regarding claim 8, Drabon discloses the motor vehicle of claim 1, wherein the battery cells (2) are mounted in the frame (19) in groups to form battery cell modules (shown in figs. 1-3).
Regarding claim 9, Drabon discloses the motor vehicle of claim 1, further comprising a removeable seal (paras. [0062] and [0065], i.e., the double-layered floor or cover 8 includes a first base layer 37, which together with the surrounding frame 4 made of the hollow profiles 5 forms the tube 3; this insulation layer 37 is interpreted as a sealing layer between the cover 8, battery cells 2 and frame 4 and such that in an event of damage of varying severity of the underbody of the vehicle, only the single layer with a domed structure or the single layer or cover needs to be replaced - i.e., this first layer is replaceable/removeable, par. [0021]) to seal the frame (4) towards the floor panel (8; paragraphs [0019], [0021], [0062] and [0065]).
Regarding claim 10, Drabon discloses the motor vehicle of claim 1, further comprising at least one flat cooling element (figs. 3 and 4; paras. [0051] – [0052], i.e., cooling lines 15) and/or at least one flat fire protection element arranged at a top side of the battery cells, between the battery cells and the floor panel. (figs. 3 and 25)
Regarding claim 11, Drabon discloses a method for mounting the high-voltage battery of claim 1 in a motor vehicle (Figures 1-17; Tittle; paras. [0002], [0026], [0027], and [0034 – 0045]), the method comprising: installing, in a pre-mounting process, at least one flat cooling element in the frame from below; mounting the plurality of battery cells in the frame; covering the high-voltage battery via the floor panel which also covers the top side of the frame; and mounting an underride guard plate on the frame from below (shown in Figures 1-17). Moreover, it is noted that if a prior art device, in its normal and usual operation would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed that the device will perform the claimed process. See MPEP 2112.02.
Regarding claim 12, Drabon discloses the method (Figures 1-17; Tittle; paras. [0002], [0026], [0027], and [0034 – 0045]; para. [0015]), of claim 8, further comprising fastening the high-voltage battery, after pre-mounting the high-voltage battery in a remaining supporting structure of the motor vehicle from below, on side sills (i.e., tub and/or lid are made of a plastic material or fiber composite material) of the motor vehicle (shown in Figures 1-17). Moreover, it is noted that if a prior art device, in its normal and usual operation would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed that the device will perform the claimed process. See MPEP 2112.02.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Drabon as applied to claims 1-3 and 5-12 above.
Regarding claim 4, Drabon discloses the motor vehicle of claim 3, but does not specifically teach that the plurality of crossmembers (19) are welded to the frame (4) at ends thereof (figs. 1-4). However, Drabon further discloses “the separating webs 6, which are designed as transverse webs 19 and a longitudinal web 20…the crossbeams 19 and longitudinal beams 20 are coupled in particular to the frame 4 in the tub 3, since the floor 8 itself has a subordinate load-bearing function. Preferably, they are coupled to an inner wall 22; in the simplest design variant, these can be thermally joined. However, it is also conceivable that the inner wall 22 itself runs at an angle, for example tapering inwards towards the floor 8. The separating webs 6 can then be arranged as a wedge assembly and, in particular, be fastened in the frame 4 via a force-fit connection. In addition, locking lugs or spring bars are formed, so that a form-fit connection is added to the wedge-shaped assembly by means of force-fit. During assembly, the dividers 6 can then be inserted into the tub 3”. See Paragraphs [0053] and [0060] – [0061].
It has been recognized by an ordinary skill in the art that selecting a method of fastening between the components on the basis of its suitability for the intended use as a matter of obvious design choice, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Drabon to have the plurality of crossmembers welded to the frame at ends thereof instead of other connections (via screws, thermally jointed, force-fit, locking lugs or form-fit connected) to rigidly securing the components, since fastening the crossmembers and the frame by welding is well known in the art and would not change the way the overall motor vehicle functions. Thus, the simple substitution of one known connection for another producing a predictable result renders the claim obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hara (US 20170305249 A1; US 20170313170 A1) discloses a battery mounting structure for vehicle includes side sills 11/12, see Figures 1, 11, 14-15 and 18-19; and
Makowski et al. (US 2019/0092395 A1) discloses a vehicle frame assembly includes rocker 18 and reinforcement 26 configured to absorb energy transmitted through the rocker 18 in order to reduce force transmitted from the rocker 18 to the battery cage 28 and the battery 30 during the vehicle frontal impact, see Figures 1-7.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at Mon-Friday from 8AM-4:30PM 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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/TINH T DANG/Primary Examiner, Art Unit 3655 July 17, 2026
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