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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings received on November 20, 2023 are acceptable.
Information Disclosure Statement
The information disclosure statements filed November 20, 2023 and April 11, 2024 have been placed in the application file and the information referred to therein has been considered as to the merits.
Claim Objections
Claim 7 is objected to because of the following informalities: reciting “a gradient” (line 3), where ‘a gradient’ has already been given in claim 5 (line 3), which claim 7 is dependent from. Appropriate correction is required.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2024/0097256 (Sonobe). (Note: Two interpretations of Sononbe are applied, as set forth below.)
Interpretation 1:
As to claim 1, Sonobe teaches a battery casing [1] for a vehicle, the battery casing comprising:
a housing (tray [10]) having an internal space for accommodating a battery and including a lateral surface portion (first side frame [12c]) configured to cover a lateral surface of the battery (figs. 7-9);
a first reinforcement part (a portion of impact absorbing member [30]; i.e. left side as viewed from figs. 7-8) configured to extend in a longitudinal direction of the housing and coupled to the lateral surface portion, forming a closed cross-section (closed as placed against reinforcing member [40]);
a second reinforcement part (a portion of impact absorbing member [30]; i.e. right side as viewed from figs. 7-8) configured to extend in the longitudinal direction of the housing and coupled to the first reinforcement part (figs. 7-9); and
a side panel (reinforcing member [40]) configured to extend in the longitudinal direction of the housing and having an internal space and an open side directed toward the second reinforcement part, such that the second reinforcement part is fitted to be surrounded through the open side, and upper and lower ends of the open side are coupled to the first reinforcement part (a portion of impact absorbing member [30]; i.e. left side as viewed from figs. 7-8) to constitute a member in a longitudinal direction of the vehicle in a state in which the second reinforcement part (a portion of impact absorbing member [30]; i.e. right side as viewed from figs. 7-8) is embedded.
As to claim 2, Sonobe teaches the first reinforcement part (a portion of impact absorbing member [30]; i.e. left side as viewed from figs. 7-8) is repeatedly bent in a width direction of the housing and a direction perpendicular to a ground surface and configured to define a concave-convex structure, wherein the concave-convex structure comprises a recessed portion recessed in the width direction of the housing, and a protruding portion protruding in the width direction of the housing (figs. 7-9) (note: three-dimensional objects protrude in all three dimensions).
As to claim 3, Sonobe teaches the second reinforcement part (a portion of impact absorbing member [30]; i.e. right side as viewed from figs. 7-8) is coupled to the recessed portion (half of a trough portion in the middle that serves as the connection portion between the first reinforcement part and the second reinforcement part).
As to claim 4, Sonobe teaches an end of the side panel (reinforcing member [40]) coupled to the first reinforcement part (a portion of impact absorbing member [30]; i.e. left side as viewed from figs. 7-8) is bent in the direction perpendicular to the ground surface (i.e. bend between second face [42] and third face [43]) (fig. 7) and coupled to be in surface contact with the protruding portion of the first reinforcement part (a portion of impact absorbing member [30]; i.e. left side as viewed from figs. 7-8) (figs 7-9).
Interpretation 2:
As to claim 1, Sonobe teaches a battery casing [1] for a vehicle, the battery casing comprising:
a housing (tray [10]) having an internal space for accommodating a battery and including a lateral surface portion (left part of first side frame [12c], | part as seen in fig. 9) configured to cover a lateral surface of the battery (figs. 7-9);
a first reinforcement part (right part of first side frame [12c], ] part as seen in fig. 9) configured to extend in a longitudinal direction of the housing and coupled to the lateral surface portion, forming a closed cross-section (closed by the left part of the first side frame [12c]);
a second reinforcement part (impact absorbing member [30]) configured to extend in the longitudinal direction of the housing and coupled to the first reinforcement part; and
a side panel (reinforcing member [40]) configured to extend in the longitudinal direction of the housing and having an internal space and an open side directed toward the second reinforcement part, such that the second reinforcement part is fitted to be surrounded through the open side, and upper and lower ends of the open side are coupled to the first reinforcement part (right part of first side frame [12c], ] part as seen in fig. 9) to constitute a member in a longitudinal direction of the vehicle in a state in which the second reinforcement part (impact absorbing member [30]) is embedded (figs. 7, 9).
Claim(s) 1 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0343501 (Da Costa Pito et al.).
As to claim 1, Da Costa Pito et al. teach a battery casing for a vehicle, the battery casing comprising:
a housing [1] having an internal space (cavity [4]) for accommodating a battery and including a lateral surface portion (lateral wall [36b]) configured to cover a lateral surface of the battery (fig. 6; abs);
a first reinforcement part (right part of reinforcement elements [37] as seen in fig. 6) configured to extend in a longitudinal direction of the housing and coupled to the lateral surface portion, forming a closed cross-section (closed by the longitudinal extension structure) (fig. 6);
a second reinforcement part (left part of reinforcement elements [37] as seen in fig. 6) configured to extend in the longitudinal direction of the housing [1] and coupled to the first reinforcement part (right part of reinforcement elements [37] as seen in fig. 6); and
a side panel (lateral wall [35b] and wall connected to flange [311]) configured to extend in the longitudinal direction of the housing and having an internal space and an open side directed toward the second reinforcement part (left part of reinforcement elements [37] as seen in fig. 6), such that the second reinforcement part is fitted to be surrounded through the open side, and upper (part connected to flange [311]) and lower (lateral wall [35b]) ends of the open side are coupled to the first reinforcement part (via the vertical line of [37]) to constitute a member in a longitudinal direction of the vehicle in a state in which the second reinforcement part is embedded (fig. 6).
As to claim 5, Da Costa Pito et al. teach a lower portion (lateral wall [35b]) of the side panel (lateral wall [35b] and wall connected to flange [311]) and a lower portion of the second reinforcement part (left part of reinforcement elements [37] as seen in fig. 6) each have a shape having a gradient that increases as the lower portion of the side panel and the lower portion of the second reinforcement part extend from the lateral surface portion of the housing (fig. 6) (angle formed).
As to claim 6, Da Costa Pito et al. teach the lower portion (lateral wall [35b]) of the side panel and the lower portion of the second reinforcement part (left part of reinforcement elements [37] as seen in fig. 6) are shaped to have the same gradient (as they are fitted to one another) (fig. 6).
As to claim 7, Da Costa Pito et al. teach the lower portion (lateral wall [35b]) of the side panel and the lower portion of the second reinforcement part (left part of reinforcement elements [37] as seen in fig. 6) are shaped to have a gradient in a range of 1 to 10 degrees (fig. 6). This interpretation taken barring specification as to what the gradient is taken with respect to (as both items are fitted to one another, they are 1-10 degrees graded from the same basis line), barring specification as to what the 1-10 degrees is formed with respect to. Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Also, limitations appearing in the specification but not recited in the claim are not read into the claim. See In re Zletz, 893F.2d 319, 321-22,13 USPQ2d, 1320, 1322 (Fed. Cir. 1989).
Claim(s) 1, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0075798 (Yoon et al.).
The applied reference has a common inventor/assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
As to claim 1, Yoon et al. teach a battery casing for a vehicle, the battery casing comprising:
a housing [100] (fig. 1) having an internal space for accommodating a battery and including a lateral surface portion (wall panel [210]) configured to cover a lateral surface of the battery;
a first reinforcement part (side panel [250]) configured to extend in a longitudinal direction of the housing and coupled to the lateral surface portion, forming a closed cross-section (figs. 2-3);
a second reinforcement part (reinforcement part [240]) configured to extend in the longitudinal direction of the housing and coupled to the first reinforcement part (figs. 2-3); and
a side panel (upper panel [230] and lower panel [220]) configured to extend in the longitudinal direction of the housing and having an internal space and an open side directed toward the second reinforcement part, such that the second reinforcement part is fitted to be surrounded through the open side, and upper [230] and lower [220] ends of the open side are coupled to the first reinforcement part [250] to constitute a member in a longitudinal direction of the vehicle in a state in which the second reinforcement part [240] is embedded (figs. 2-3).
As to claim 11, Yoon et al. teach wherein the second reinforcement part [240] comprises first and second bent portions shaped to protrude and spaced apart from each other in the longitudinal direction, the first bent portion is inclined at one point in a width direction such that two opposite ends extending in the width direction have different heights, and two opposite ends of the second bent portion extending in the width direction have the same height (reinforcement panel [240] has third protrusions [241]) (fig. 3).
As to claim 12, Yoon et al. teach the second reinforcement part [240] further includes a third bent portion having a shape recessed downward between the first and second bent portions or between the second bent portions (reinforcement panel [240] has third protrusions [241]) (fig. 3).
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.
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sonobe. (The teachings of Sonobe, a set forth above and as applicable herein are incorporated herein but are not reiterated herein for brevity’s sake.)
Interpretation 1:
As to claim 10, Sonobe teaches the tensile strength of the lateral surface portion (tray [10] including the side portions [12]), the first reinforcement part (a portion of impact absorbing member [30]; i.e. left side as viewed from figs. 7-8), and the side panel (reinforcing member [40]) is equal to or greater than 1,200 MPa (as these sections of tensile strengths of 440-1500 MPa, thus overlapping the claimed range and render it obvious) (para 0045, 0054, 0083).
Interpretation 2:
As to claim 9, Sonobe renders obvious that the second reinforcement part (impact absorbing member [30]) is made of different materials from the lateral surface portion (left part of first side frame [12c], | part as seen in fig. 9), the first reinforcement part (right part of first side frame [12c], ] part as seen in fig. 9), and the side panel (reinforcing member [40]), as tray [10] with side portions [12], impact absorbing member [30], and reinforcing member [40] can be made of steel, aluminum alloy, or magnesium alloy (para 0046, 0054, 0083). Thus, as three different materials are embodied, one of each of the materials can be used for each of the aforementioned parts, rendering the claimed invention obvious.
As to claim 10, Sonobe teaches the tensile strength of the lateral surface portion (tray [10] including the side portions [12]), the first reinforcement part (tray [10] including the side portions [12]), and the side panel (reinforcing member [40]) is equal to or greater than 1,200 MPa (as these sections of tensile strengths of 440-1500 MPa, thus overlapping the claimed range and render it obvious) (para 0045, 0054, 0083).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sonobe, as applied to claim 1 above, further in view of US 10720620 (Grace et al.).
As to claim 8, Sonobe does not teach through-holes are formed at one end of the side panel and one end of the second reinforcement part, and reinforcement members are coupled to the through-holes of the side panel and the second reinforcement part (as applied to either interpretation 1 or interpretation 2).
However, in the same field of endeavor, Grace et al. teach of using reinforcement members (reinforcements [68]) that connect via through holes and fasteners [72] that extend between multiple parts of the side rail [44] (fig. 13; para bridging cols. 7-8). The motivation for using reinforcement members (reinforcements [68]) that connect via through holes and fasteners [72] that extend between multiple parts of the side rail [44] is to substantially prevent crush initiation along the portion (para bridging cols. 7-8).
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have through-holes are formed at one end of the side panel and one end of the second reinforcement part, and reinforcement members are coupled to the through-holes of the side panel and the second reinforcement part to substantially prevent crush initiation along the portion. (Note: Grace et al.’s general teaching is attachment attached via through holes in multiple areas, and is applicable to the primary reference.)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da Costa Pito et al., as applied to claim 1 above, further in view of US 10720620 (Grace et al.).
As to claim 8, Da Costa Pito et al. does not teach through-holes are formed at one end of the side panel and one end of the second reinforcement part, and reinforcement members are coupled to the through-holes of the side panel and the second reinforcement part.
However, in the same field of endeavor, Grace et al. teach of using reinforcement members (reinforcements [68]) that connect via through holes and fasteners [72] that extend between multiple parts of the side rail [44] (fig. 13; para bridging cols. 7-8). The motivation for using reinforcement members (reinforcements [68]) that connect via through holes and fasteners [72] that extend between multiple parts of the side rail [44] is to substantially prevent crush initiation along the portion (para bridging cols. 7-8).
Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was made (as applicable to pre-AIA applications) or effectively filed (as applicable to AIA applications) to have through-holes are formed at one end of the side panel and one end of the second reinforcement part, and reinforcement members are coupled to the through-holes of the side panel and the second reinforcement part to substantially prevent crush initiation along the portion. (Note: Grace et al.’s general teaching is attachment attached via through holes in multiple areas, and is applicable to the primary reference.)
Conclusion
Note: No other prior art is considered pertinent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUGENIA WANG whose telephone number is (571)272-4942. The examiner can normally be reached a flex schedule, generally Monday-Thursday 5:00 -7:30 (AM) and 9:45-3:15 ET.
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/EUGENIA WANG/Primary Examiner, Art Unit 1759
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