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
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.
Claims 2 and 6 are 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.
Regarding claim 2, Applicant recites that “the bushings” are mounted on the chassis of the vehicle. Claim 1 provides an alternative limitation to have “two bushing or brackets” along with a singular bushing. It is unclear if Applicant is attempting to further limit the selection of claim 1 to be bushings only by the recitation of multiple bushings in claim 2 and, if so, if all three bushings are subject to the limitation. Clarification is requested.
Claim 6 discloses that “the three-point mount allows the electric vehicle chassis to remain flexible in twist along the longitudinal axis.” It is unclear what Applicant is intending to claim by the recitation “in twist.” Clarification is requested.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Applicant disclosed prior art, WO 2022/157693, in view of U.S. Pat. 8,210,301 to Hashimoto et al.
Regarding claim 1, WO 2022/157693 discloses a battery mount system (At least frame, 1/ support system, 5) for an electric vehicle comprising: a three-point mount (At least support system, 5; shown in Fig.1 and 2) configured to isolate a battery pack within the electric vehicle; wherein the three-point mount reduces stresses on the battery pack while maintaining torsional flexibility of the electric vehicle chassis (At least via the elastic connection of the battery pack to the frame at each attachment point and torsional moments experienced by the vehicle frame); wherein the battery pack is mounted between frame rails of the electric vehicle to provide protection (At least shown in Fig. 1 and 2); wherein the three-point mount comprises two bushings or brackets positioned on either the front or rear of the battery pack, and one bushing positioned on the opposite end of the battery pack (At least shown in Fig. 1 and 2; elements 8/9 show support elements constituting coupling plates serving as brackets, element).
WO 2022/157693 discloses an “alternative fuel heavy vehicle” having batteries or a fuel cell, but does not expressly disclose that the vehicle is an “electric vehicle.” Even though the phrase “electric vehicle” does not expressly appear in the disclosure of WO 2022/157693, a PHOSITA would have readily recognized at the time of effective filing that WO 2022/157693 necessarily discloses an electric vehicle since the alternative fuel module, 6 is disclosed as being a battery for an alternative fuel vehicle, which would suggest that the vehicle is electrically driven.
Nevertheless, Hashimoto discloses a vehicle having batteries which is an electric vehicle.
Thus, it would have been obvious to a PHOSITA at the time of effective filing to have modified the vehicle of WO 2022/157693 to be an electric vehicle, as discussed by Hashimoto, in order to provide a vehicle that is environmentally friendly and rechargeable.
Regarding claim 2, as best understood, the primary reference, WO 2022/157693, discloses that the bushings are mounted on the chassis of the electric vehicle (At least shown in Fig. 3 and 4 wherein the bushings are attached to the frame rails/cross member).
Regarding claim 2, the primary reference, WO 2022/157693, discloses that the bushings are mounted on the battery pack (At least shown in Fig. 2 wherein the bushings are attached to the battery pack via plates).
Regarding claim 4, the primary reference, WO 2022/157693, discloses that the battery pack is mounted underneath the frame rails of the electric vehicle (At least shown in Fig. 4).
Regarding claim 5, the primary reference, WO 2022/157693, discloses that the battery pack is mounted inside the frame rails of the electric vehicle (At least as shown in Fig. 2 wherein alternative fuel module, 6 is arranged between the frame rails of the chassis).
Regarding claim 6, as best understood, the primary reference, WO 2022/157693, discloses that the three-point mount allows the electric vehicle chassis to remain flexible in twist along the longitudinal axis (At least via the placement of the bushings shown in Fig. 4, which would allow longitudinal torsion of the frame to be experienced, and via the bushing of Fig. 3, which would also allow the frame to experience a longitudinal torsional moment).
Regarding claim 7, WO 2022/157693 discloses a battery pack, but is silent about the pack being rigid. Even though the battery is not expressly discussed as being rigid, a PHOSITA would have readily recognized that the battery is indeed rigid at the time of invention since the alternative fuel module is fixed to the frame via brackets, bushings, and fasteners, which would necessarily require a “rigid” battery pack. Furthermore, batteries are “rigid” in nature since many batteries are constructed in boxes, cells, and other rigid types of housing structures.
Nevertheless, Hashimoto discloses the battery pack comprises one or more rigid battery packs (At least the battery box having batteries in a battery pan).
Thus, it would have been obvious to a PHOSITA at the time of effective filing to have modified the alternative fuel module of WO 2022/157693 to have rigid batteries, as taught by Hashimoto, in order to provide a means for reducing movement of batteries within the alternative fuel module connected to the frame of the vehicle disclosed in WO 2022/157693.
Regarding claim 8, the primary reference, WO 2022/157693, discloses that the three-point mount reduces stress and force on the battery pack during operation of the electric vehicle (At least via the placement of the bushings shown in Fig. 4, which would allow longitudinal torsion of the frame to be experienced, and via the bushing of Fig. 3, which would also allow the frame to experience a longitudinal torsional moment).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brodie Follman whose telephone number is (571)270-1169. The examiner can normally be reached 8am-4:30pm EST M-F.
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/BRODIE J FOLLMAN/Primary Patent Examiner, Art Unit 3669