DETAILED ACTION
The following is a response to the amendment filed 4/15/2026 which has been entered.
Response to Amendment
Claims 1, 3-8, 12, 13 and 15-17 are pending in the application. All other claims have been cancelled.
-The 112(b) rejection has been withdrawn due to applicant amending claim 8 accordingly and cancelling claim 10.
-The 102 rejections have been withdrawn due to applicant amending claim 1 with limitations not disclosed by the prior art of record used in the rejection.
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 4, 13 and 16 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.
-Claim 4 recites the limitation “a frame support” in lines 2-3. Is this the same frame support recited in claim 1, please clarify and/or amend accordingly.
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) 1, 4-7, 13, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 19738024 (with machine translation). As to claim 1, DE discloses an energy storage for a motor vehicle (as described in abstract), comprising a housing (2) on which multiple fastening positions are formed (as shown in Figures 2 and 3 via 6), at which fastening receptacles for fastening elements (16) to be connected to a body component (engine compartment as described under description lines 7-8 on page 1) provided, wherein each of at least some of the fastening positions includes a first fastening receptable and a second fastening receptable (via 6 as shown in Figures 1 and 2), the first fastening receptacle and the second fastening receptacle being provided on a frame support of the housing (section between inner sides of 7, 8) and the second fastening receptacle being offset from the first fastening receptacle in a longitudinal direction of the housing (Figure 1 shows the five holes of 6 in longitudinal direction within 2).
As to claim 4, wherein the first fastening receptacle and the second fastening receptacle are provided on a frame support extending in the longitudinal direction (section between inner sides of 7, 8).
As to claim 5, wherein the first and/or the second fastening receptacles are closed with releasable closing elements (16).
As to claim 6, wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16).
As to clam 7, DE discloses a motor vehicle, comprising a body (engine compartment) and at least one energy storage (as described in abstract) according to claim 1.
As to claim 13, wherein the first and/or the second fastening receptacles are closed with releasable closing elements (16).
As to claim 16, wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16).
As to claim 17, wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16).
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.
Claim(s) 1, 3-8, 12, 13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al 20220144060 in view of DE’024. As to claim 1, Shin discloses an energy storage for a motor vehicle (as described in abstract), comprising a housing (100), at which fastening receptacles for fastening elements (holes on 130) to be connected to a body component (30) provided, includes a first fastening receptable and a second fastening receptable (holes on 130), the first fastening receptacle and the second fastening receptacle being provided on a frame support of the housing (130) and the second fastening receptacle being offset from the first fastening receptacle in a longitudinal direction of the housing (Figure 3 shows two holes next to each other on 130). However, Shin doesn’t disclose the receptacles providing multiple fastening positions as recited.
DE discloses an energy storage for a motor vehicle (as described in abstract), comprising a housing (2) on which multiple fastening positions are formed (as shown in Figures 2 and 3 via 6), at which fastening receptacles for fastening elements (16) to be connected to a body component (engine compartment as described under description lines 7-8 on page 1) provided, wherein each of at least some of the fastening positions includes a first fastening receptable and a second fastening receptable (via 6 as shown in Figures 1 and 2), the first fastening receptacle and the second fastening receptacle being provided on a frame support of the housing (section between inner sides of 7, 8) and the second fastening receptacle being offset from the first fastening receptacle in a longitudinal direction of the housing (Figure 1 shows the five holes of 6 in longitudinal direction within 2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the receptacles in Shin for multiple fastening positions on housing in view of DE to accommodate different battery sizes as needed within the housing to avoid complicated redesign of storage area when different battery structures are used.
As to claim 3, Shin discloses wherein the housing (100) is designed as a frame, comprising multiple frame supports (120, 130) which run at right angles to one another, wherein the fastening receptacles (multiple holes on 120 and 130) are provided on at least some of the frame supports.
As to claim 4, Shin in view of DE discloses wherein the first fastening receptacle and the second fastening receptacle are provided on a frame support extending in the longitudinal direction (section between inner sides of 7, 8 in DE).
As to claim 5, Shin in view of DE discloses wherein the first and/or the second fastening receptacles are closed with releasable closing elements (16 in DE).
As to claim 6, Shin in view of DE discloses wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16 in DE).
As to clam 7, Shin discloses a motor vehicle, comprising a body (30) and at least one energy storage (as described in abstract) according to claim 1.
As to claim 8, Shin discloses wherein the body has seat cross members (420); to which the fastening elements are fixed, via which the energy storage is fastened on to the body side.
As to claim 12, Shin in view of DE discloses wherein the first and/or the second fastening receptacles are closed with releasable closing elements (16).
As to claim 13, Shin in view of DE discloses wherein the first and/or the second fastening receptacles are closed with releasable closing elements (16).
As to claim 15, Shin in view of DE discloses wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16).
As to claim 17, Shin in view of DE discloses wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16).
As to claim 18, Shin in view of DE discloses wherein each fastening receptacle is a threaded receptacle for receiving a fastening screw (16).
Conclusion
Applicant's amendment (to claim 1 changing scope of limitations from what was previously recited in claim) necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 May 16, 2026
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