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 .
DETAILED ACTION
Claims 1 – 12 have been examined.
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 1 – 12 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.
Claims 1 and 7 recite “being 4-6 inches wider than traditional non-electric vehicle frames.” As there is no single standard vehicle frame width, attempting to reference a vehicle frame width in regard to a “traditional” frame width renders the claims indefinite. The metes and bounds of the limitation cannot be established with an unknown and unknowable variable base measurement. Appropriate correction is required.
Claim 3 recites the limitation "said second s-bend" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "said second s-bend" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1 – 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko et al. (CN110949514), cited by Applicant. In regard to claims 1 and 7, Kaneko discloses a unitary electric vehicle chassis comprising at least one s-bend aft of a front axle (Figs. 1 and 2, item 4B), frame rails (Figs. 1 and 2, item 3) configured to accommodate battery packs mounted on isolators inside the frame rails (Figs. 1 and 2, item 140), said s-bend allowing for front wheel steering angles greater than if rails were straight (Fig. 1).
In regard to claims 2 and 8, Kaneko discloses a second s-bend directing the frame outward to accommodate additional components and to increase the strength of the overall frame (Figs. 1 and 2 , item 71).
In regard to claims 3 and 9, Kaneko discloses wherein a second s-bend is positioned aft of said first s-bend (Figs. 1 and 2).
In regard to claims 4 and 10, Kaneko discloses wherein the increased width of the frame facilitates the accommodation of battery packs required for operation of the electric vehicle (Fig. 1).
In regard to claims 5 and 11, Kaneko discloses wherein the frame further comprises mounting provisions for rear springs underneath the frame rails for extra support and improved packaging efficiency (Fig. 1, item 33).
In regard to claims 6 and 12, Kaneko discloses wherein a cross member is provided for front spring mounting to the frame (Fig. 1, item 31).
Kaneko does not disclose specific frame width dimensions. In regard to claims 1 and 7, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide an overall width of the frame, at its widest, being 4-6 inches wider than traditional non-electric vehicle frames, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Katayama et al. (9,227,582) disclose a vehicle mounting structure for batteries;
Gonzlez Mendivil et al. (11,541,935) disclose a vehicle frame;
Caliskan et al. (11,745,573) disclose an integrated frame and battery pack.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613