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.
Claim 2 is 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.
The term “substantially horizontally planar shape” in claim 2 is a relative term which renders the claim indefinite. The term “substantially horizontally planar shape” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and a search does not show that this term is known in the art. Additionally, the terms substantially and horizontally modifies the term planar so it is unclear how horizontal the planar shape needs to be.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Günther (US 20220297524 A1).
Regarding claim 1, Günther teaches a frame structure part of a battery housing (R, Figure 1, 7, [0001]) which corresponds to the claimed battery casing bottom structure;
the profiled hollow-chamber sections 17, 17.1 shown in FIG. 7 ([0040]) which corresponds to the claimed combination of extruded members;
the attachment of the battery housing or the frame structure to the vehicle ([0010] Lines 21-22) and the frame structure (which corresponds to the claimed battery casing) of which is connected to that of the lower part ([0010] Lines 24-25) which corresponds to the claimed battery casing mounted in a lower part of a vehicle;
one profiled hollow-chamber section 17 (which corresponds to the claimed first extruded member) has a three-step design on its end face 18 (which corresponds to the claimed notch that is a cut portion at an end in an extrusion direction of the first extruded member on a top face of the first extruded member). The end face portions each forming a step are denoted by 19, 19.1, 19.2 (Fig. 7, [0040] lines 5-7);
hollow-chamber section 17.1 (Fig. 7, [0041] line 3) which corresponds to the claimed second extruded member having a hollow shape, the second extruded member including a rib connecting a top face portion and an undersurface portion;
Figure 8 shows the two profiled hollow-chamber sections 17, 17.1 assembled to form a corner (Figs.7, 8, [0042]) which corresponds to the claimed first extruded member and the second extruded member are joined to each other by covering the notch of the first extruded member with an undersurface of the second extruded member from above;
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Figure 8 shows the two profiled hollow-chamber sections 17, 17.1 assembled to form a corner (Figs.7, 8, [0042]) which corresponds to the claimed extrusion direction of the first extruded member and an extrusion direction of the second extruded member are perpendicular to each other, and the rib is positioned immediately above a portion where the first extruded member and the second extruded member are joined.
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Regarding claim 2, Günther teaches that due to the engagement of leg 20 (which corresponds to the claimed undersurface of the second extruded member) in the U-shaped receptacle under the end face portion 19.2 (which corresponds to the claimed first portion with the notch and a second portion located at a lower level than the first portion), both profiled hollow chamber sections 17, 17.1 are positively interlocked in the z-direction in both directions ([0041]) which corresponds to the claimed undersurface of the second extruded member comprising a first portion joined with the notch and a second portion located at a lower level than the first portion in a vertical direction;
Figure 7 shows the claimed seat surface shape, Figure 8 shows the substantially horizontally planar shape, see annotated figures below.
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Regarding claim 3, Günther teaches that due to the engagement of leg 20 (which corresponds to the claimed flange portion) in the U-shaped receptacle under the end face portion 19.2, both profiled hollow chamber sections 17, 17.1 (17.1 corresponds to the claimed second extruded member) are positively interlocked in the z-direction in both directions ([0041]) which corresponds to the claimed second extruded member comprising a flange portion protruding toward the first extruded member, and the flange portion is joined with the top face of the first extruded member.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oishi et al. (US 2022-0320662 A1) teaches a similar device
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M CLEVER whose telephone number is (571)270-3156. The examiner can normally be reached Tues-Thurs | 9:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at (571) 272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.M.C./Examiner, Art Unit 1734
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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