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 .
ATTACHMENT OF AN ENERGY STORE TO A VEHICLE FRAME BY MEANS OF A LEVER
Examiner: Adam Arciero S.N. 18/579,029 Art Unit: 1727 June 6, 2026
DETAILED ACTION
The Application filed January 12, 2024 has been received. Claims 20-40 are currently pending and have been fully considered.
Claim Rejections - 35 USC § 102
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 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) 20-22, 26-29, 32-33 and 35-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tetsuka et al. (US 2009/0261134 A1).
As to Claims 20 and 38, Tetsuka discloses an arrangement for fixing a battery 12 to a bicycle frame 14 (vehicle frame), comprising: a bicycle battery holder 16 (base module); a battery retention mechanism 32 comprising a camming lever 44, a cam shaft 46, a main spring retainer 48, a main spring 50, a connecting pin 52, a spring cap 54, a hook spring 56 and a hook 58, wherein the connection pin 52 and hook 58 are secured to each other with a pin 59 to form an engagement member 60 that holds the battery to the bracket member 42. The engagement member 60 is configured to engage and hold the battery by sliding the battery in a first direction relative to the bracket member (reads on the lever is configured to engage the battery when in the engagement position and the lever forming a cam mechanism such that pivoting the lever from the engagement position to the end position moves the battery towards the base module (Fig. 1-20 and paragraphs [0034-0045]).
As to Claims 21-22. Tetsuka discloses wherein the battery holder 16 has electrical contact structure (electrical contact) 36 for connecting to the battery 12, wherein the contact comprises a terminal block 66 and a pair of electrical (terminal) contacts 68 and wiring 70. The electrical contacts 68 extend into the respective terminal receiving portions of the battery (reads on the contacts of the claims being in contact with electrical contacts of the battery, by said movement) (Fig. 1-20, paragraphs [0034, 0049]).
As to Claim 26, Tetsuka discloses wherein the direction of movement of the battery 12 and a longitudinal axis of a portion of the bicycle frame 14 are parallel to each other (Fig. 2-3 and 8-10).
As to Claim 27, Tetsuka discloses wherein the lever 44 pivots D2 orthogonally to the direction of the sliding of the battery D1 (Fig. 8 and 16-17 and paragraphs [0040-0041]).
As to Claim 28, Tetsuka discloses wherein the battery retention mechanism 32 comprises a guide surface configured to contact with a mating surface of the battery when the lever is engaged, the guide surface is configured to slide along the mating surface of the battery when the lever pivots (Fig. 16-19 and reproduced Fig. 18 below).
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As to Claim 29, Tetsuka discloses wherein the guide surface intersects a place in different axial positions depending on a pivot angle of the lever 44, the plane being parallel to a direction of movement of the battery and to extend through a mating surface of the battery (Fig. 16-19).
As to Claims 32-33, Tetsuka discloses wherein the battery retention mechanism 32 comprises a camming lever 44 (first part); and a connecting pin 52, hook 58 (reads on the second part), wherein the mechanism 32 pivots in the battery holder 16 with the camming lever component 44; wherein the pin 52 and hook 58 are pivotably seated in the camming lever component and can be placed in engagement with the battery 12; the mechanism 32 has a main spring 50 and a hook spring 56 (reads on the claimed spring element) which are in operative connection with the first and second parts and which are configured to catch the connection pin 52 and hook 58 relative to the battery upon pivoting the battery retention mechanism 32 (Fig. 13-20 and paragraphs [0038-0039, 0042-0043]).
As to Claims 35, Tetsuka discloses wherein the battery retention mechanism 32 is configured to fit into a recess 84 of the battery by pivoting (Fig. 11 and 16-19 and paragraphs [0050-0051]).
As to Claims 36-37 and 39-40, Tetsuka discloses a plate (latch surface) 86 mounted on an end face of the cell 2 and covering a part of the recess 84; the plates form mating faces and the direction of movement and the longitudinal axis of the frame are parallel to each other (Fig. 2-3 and 8-11 and paragraphs [0050-0051]).
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.
Claim(s) 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tetsuka et al. (US 2009/0261134 A1).
As to Claims 30-31, Tetsuka does not specifically disclose the claimed helical shape for the guide surface. However, the courts have held that the claimed shape of the guide surface is a matter of choice which a person having ordinary skill in the art would find obvious absent persuasive evidence the claimed configuration was significant, see MPEP 2144.04, IV, B. At the time of the invention, it would have been oblivious to one of ordinary skill in the art to modify the shape of the guide surface of Tetsuka to be helical because Tetsuka teaches that a battery than can be easily installed and removed is provide (paragraph [0007]).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tetsuka et al. (US 2009/0261134 A1) in view of Bock et al. (US 2022/0161891 A1).
As to Claim 34, Tetsuka does not specifically disclose the claimed fixing means designed to fix the first part in a position the first part assumes when the second part is tensioned against the battery.
However, Bock teaches of an arrangement, comprising: a locking unit 1 (fixing mechanism) configured to fix the first part in the position it occupies when the second part is clamped with the battery (Fig. 1-7 and paragraphs [0006-0011]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the arrangement of Tetsuka to comprise the claimed fixing means because Bock teaches that the securing or locking of a battery and device is improved (paragraph [0005]).
Allowable Subject Matter
Claims 23-25 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.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior arts of record, Tetsuka and Bock, do not specifically disclose, teach, or fairly suggest the claimed one or more spring-loaded pins configured to be tensioned against the battery as the lever pivots from the engagement position to the end position (claim 23); or further comprising a holder to form-lockingly engage with the battery at least one of during or as a result of pivoting of the lever from the engagement position to the end position (claim 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ARCIERO whose telephone number is (571)270-5116. The examiner can normally be reached Monday-Friday 8:00-5 ET.
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/ADAM A ARCIERO/Primary Examiner, Art Unit 1727
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