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
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Specifically, it is unclear how the fixing element is fastened to the fixing element in a rotatable and/or linearly displaceable manner and is transferable from the installed state to the mounting state and vice versa by a rotational movement and/or a translational movement. How is the fixing element rotatable and/or linearly displaceable with itself? The specification doesn’t provide any clarity for this. Is applicant referring to body element and battery element?
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.
Claim(s) 1, 3 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamori et al. (US 2014/0017538).
In re claim 1, Nakamori teaches at least two body supports (29) of the vehicle, between which there is a receiving space, at least one battery (9) which is arranged at least in some areas in the receiving space between the body supports, wherein at least on one side of the battery there is a distance between a body support and a boundary surface of the battery (fig. 7), at least one fixing element, which bridges or fills the distance in an installed state (fig. 7) and is transferable to a mounting state in which the fixing element does not bridge or fill or only partially bridges or fills the distance (fig. 1, with mounting brackets unattached), wherein the fixing element is designed to be rigid at least in some areas (at least bolts 30).
In re claim 3, Nakamori teaches the fixing element is designed to be completely rigid and is movably connected to a body support, wherein the fixing element bridges the distance in the installed state and abuts the battery or is connected in a form-fitting manner to a portion of the battery (fig. 7) and in the mounting state the fixing element is separated from the battery (fig. 1, when unmounted).
In re claim 9, Nakamori teaches the distance between at least one body support and the battery is preferably oriented perpendicular to the direction of travel of the vehicle (clear from figs. 1-3).
Allowable Subject Matter
Claims 2, 5-8 and 10-12 are 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.
Conclusion
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/EREZ GURARI/Primary Examiner, Art Unit 3615
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