DETAILED ACTION
This action is a first action on the merits. The claims filed on March 19, 2024 have been entered. Claims 1-18 are pending and addressed below.
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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims foreign priority to Republic of Korea Patent No. KR10-2023-0168474 filed on November 28, 2023.
Information Disclosure Statement
The information disclosure statement filed March 19, 2024 has been considered by the Examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the recitation of “An embodiment” in line 1 is considered an implied phrase. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 1 is objected to because of the following informalities: The recitation of “the pair of cap side sills” in line 5 should likely be --the pair of cab side sills--. Appropriate correction is required.
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.
Claim 1-18 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 10: Claim 1 recites “a pair of side members longitudinally formed in a front and rear directions of a vehicle body, positioned on an inner side of the vehicle body rather than the pair of cap side sills respectively”.
First it is unclear as to what is meant by “formed in a front and rear directions” in line 4 as it is unclear whether the pair of side members are formed in a front to rear direction of the vehicle or whether the side members are formed such that one is located in the front and one is located in the rear. From review of Figure 5 is appears as if the “side members” are formed such that the extend from the front of the vehicle to the rear of the vehicle.
Second, it is unclear as to what is intended by “rather than the pair of cap members” in line 4. For example are is “a pair of side member positioned on the inner side of the body” intended as an alternative to the pair of cap side sills or something else? Appropriate correction and/or clarification is required.
Claims 2-9 and 11-18 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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) 1-3 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al., US 2021/0253168 (hereinafter Jung).
Claim 1: Jung discloses a vehicle structure (body of vehicle, par [0018]) comprising:
a cab (interior space for vehicle occupants, par [0006]);
a pair of cab side sills (front portion of side sills 9) disposed on each side of the cab (see Fig 1), respectively;
a pair of side members (plurality of longitudinal support members 7) longitudinally formed in a front and rear directions of a vehicle body (see Fig 2), positioned on an inner side of the vehicle body rather than the pair of cap side sills (plurality of longitudinal support members 7 are positioned on an inner side of the cab side sills 9) respectively;
a pair of rear side sills (rear portion of side sills 9) disposed on an outside of the pair of side members (12) and coupled to rear of the pair of cab side sills (front portion of side sills 9 is coupled to the rear portion of side sills 9), respectively (as shown in Fig 1); and
a pair of side extension members (ends of the plurality of lateral support members 15 located between the longitudinal support members 7 and the side sills 9) disposed along a transverse direction of the vehicle body (as shown in Fig 1) to connect the pair of side members (7) and the pair of rear side sills (rear portion of 9), respectively (as seen in Fig 1).
Claim 2: Jung discloses further comprising a center cross member (middle portion of lateral support members 15 located between the longitudinal support members 7) connecting the pair of side members (7) on opposite sides of the vehicle body to each other (as shown in Fig 1-2), wherein the pair of side extension members (ends of plurality of lateral support members 15) is disposed on the same straight line as the center cross member (center portion of 15 between longitudinal support members 7) along the transverse direction of the vehicle body (lateral support members 15 run in the transverse direction of the vehicle as shown in Fig 1).
Claim 3: Jung discloses wherein the center cross member (center portion of 15 located between longitudinal support members 7) and the pair of side extension members (ends of the plurality of lateral support members 15) each have a closed cross-section that extends linearly along the transverse direction of the vehicle body (closed cross section of lateral support member 15 is shown in Fig 2).
Claim 5: Jung discloses a battery pack (battery modules 1-2) disposed below the pair of side members (side sills 9) (battery modules 1-2 sit below side sills 9 in Fig 2), wherein a total length of the center cross member and the pair of side extension members on each end of the center cross member (end portions of 15 and central portion of 15), respectively, is larger than a width of the battery pack (total length of all portions of lateral support member 15 is larger than the width of the battery modules 1-2).
Claim 6: Jung discloses a pair of pack side members (storage portions 1-3) at opposite ends of the battery pack (battery modules 1-2) (storage portions 1-3 disposed on left and right sies of battery modules 1-2 as shown in Fig 2, par [0029]), respectively, wherein the pair of pack side members (1-3) is fixed to the pair of cab side sills and the pair of rear side sills, respectively (storage portions 1-3 are fixed to the front and rear portions of side sills 9 via the plurality of lateral support members 15 or optionally flanges formed on the side surfaces of the storage portions 1-3 are directly coupled to the side sills 9, par [0034]-[0035]).
Claim 7: Jung discloses rear ends of the pair of rear side sills (rear portion of side sills 9) extend longer rearward than a rear end of the battery pack (battery pack modules 1-2 are located in high voltage battery 1 and as shown in Figure 1 the rear portions of the side sills 9 extend further rearward than the rear end of the battery pack, par [0029]-[0030]).
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) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagome et al., Japanese Pat. No. JP 3475720 B2 (hereinafter Nakagome) (all citations are to the English translation dated 2026) in view of Jung and Douglass, Jr., US 3,068,038 (hereinafter Douglas).
Claim 10: Nakagome discloses a vehicle structure (dump truck 10, see Fig 1-2) comprising:
a cab (cab 16);
a chassis frame (14)
a pair of cab side sills disposed on each side of the cab (side rails 12 at front end portion of the chassis frame 14 as shown in Fig 2 on which cab 16 is mounted), respectively (see Fig 2, 6, pg 1);
a pair of rear side sills (side rails 12 at rear end of chassis frame on which dump carrier or vessel 18 is mounted, see Fig 2, 6, pg 1) and coupled to rear of the pair of cab side sills Front end portion of side rails 12), respectively;
a pair of leaf springs (main leaf springs 28) disposed at a rear portion of the chassis (see Fig 6, pg 1), wherein front portions of the pair of leaf springs (28) are mounted on front spring brackets (34);
a rear loading item (dump carrier or vessel 18) mounted on the pair of side members (mounted on chassis frame 14) at the rear of the cab (cab 16).
Nakagome fails to disclose a pair of side extension members disposed along a transverse direction of the vehicle body to connect the pair of side members and the pair of rear side sills, respectively; a center cross member connecting the pair of side members on opposite sides of the vehicle body to each other; a battery pack disposed below the pair of side members; wherein front portions of the pair of leaf springs are mounted on the pair of side members; and a plurality of support cross members disposed to overlap upper sides of the center cross members and the side extension members on a lower side of a mounting panel of the rear loading item; wherein the pair of side extension members is disposed on the same straight line as the center cross member along the transverse direction of the vehicle body; wherein the center cross member and the pair of side extension members each have a closed cross-section that extends linearly along the transverse direction of the vehicle body; and wherein a total length of the center cross member and the pair of side extension members on each end of the center cross member, respectively, is larger than a width of the battery pack.
Jung discloses a vehicle chassis (body of vehicle, par [0018]) comprising:
a pair of cab side sills (front portion of side sills 9) disposed on each side of the cab (see Fig 1), respectively;
a pair of side members (plurality of longitudinal support members 7) longitudinally formed in a front and rear directions of a vehicle body (see Fig 2), positioned on an inner side of the vehicle body rather than the pair of cap side sills (plurality of longitudinal support members 7 are positioned on an inner side of the cab side sills 9) respectively;
a pair of rear side sills (rear portion of side sills 9) disposed on an outside of the pair of side members (12) and coupled to rear of the pair of cab side sills (front portion of side sills 9 is coupled to the rear portion of side sills 9), respectively (as shown in Fig 1); and
a pair of side extension members (ends of the plurality of lateral support members 15 located between the longitudinal support members 7 and the side sills 9) disposed along a transverse direction of the vehicle body (as shown in Fig 1) to connect the pair of side members (7) and the pair of rear side sills (rear portion of 9), respectively (as seen in Fig 1);
a center cross member (middle portion of lateral support members 15 located between the longitudinal support members 7) connecting the pair of side members (7) on opposite sides of the vehicle body to each other (as shown in Fig 1-2);
a battery pack (battery modules 1-2) disposed below the pair of side members (side sills 9) (battery modules 1-2 sit below side sills 9 in Fig 2), wherein a total length of the center cross member and the pair of side extension members on each end of the center cross member (end portions of 15 and central portion of 15);
wherein the pair of side extension members (ends of plurality of lateral support members 15) is disposed on the same straight line as the center cross member (center portion of 15 between longitudinal support members 7) along the transverse direction of the vehicle body (lateral support members 15 run in the transverse direction of the vehicle as shown in Fig 1);
wherein the center cross member (center portion of 15 located between longitudinal support members 7) and the pair of side extension members (ends of the plurality of lateral support members 15) each have a closed cross-section that extends linearly along the transverse direction of the vehicle body (closed cross section of lateral support member 15 is shown in Fig 2); and
wherein a total length of the center cross member and the pair of side extension members on each end of the center cross member (end portions of 15 and central portion of 15), respectively, is larger than a width of the battery pack (total length of all portions of lateral support member 15 is larger than the width of the battery modules 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the chassis of the vehicle structure of Nakagome to further include the chassis as disclosed by Jung such that the front portions of the pair of leaf springs are mounted to the pair of side extension members as one of ordinary skill in the art would have recognized that applying the known technique of the chassis for supporting a battery pack of Jung would have yielded the predictable results of securing a high-voltage battery to the vehicle structure thereby allowing for an electric vehicle or hybrid powered vehicle (Jung, par [0002]).
Nakagome, as modified by Jung, is silent as to a plurality of support cross members disposed to overlap upper sides of the center cross members and the side extension members on a lower side of a mounting panel of the rear loading item.
Douglass discloses a rear loading item (interchangeable truck bed 16) (see Fig 3, 4-6). The rear loading item (16) includes a plurality of support cross members (cross-members 21-24 spaced at pre-determined distances) disposed to overlap the sides of the truck frame (14) on a lower side of a mounting panel (flat, rigid floor member 17) of the rear loading item (16).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rear loading item of Nakagome and Jung to further include a plurality of support cross members as disclosed by Douglas overlapping the sides of the truck frame which would necessarily overlap the center cross member and side extensions of Nakagome, as one of ordinary skill in the art would have recognized that the use of the plurality of support cross members as disclosed by Douglas would have yielded the predictable results of providing support for the rear loading item (Fig 4-6, col 2, 18-22).
Claim 11: Nakagome, Jung, and Douglas discloses wherein the support cross members (Douglas, 21-24) that overlap the upper side of the pair of side extension members (Jung, ends of plurality of lateral support members 15) is longer than the width of the battery pack (Jung, battery modules 1-2) and extends to upper sides of the pair of rear side sills (Jung, rear portion of side sills 9) (Douglas, cross members 21-24 extended entirely across the truck bed, see Fig 4-6, this would cause the cross members 21-25 to extend to the upper sides of the pair of rear sills of Jung, rear portion of side sills 9, as the rear sills are located at the outer portion of the chassis of Jung).
Claim 12: Nakagome, Jung, and Douglas discloses wherein the support cross members (Douglass, plurality of cross-members 21-24 spaced at pre-determined distances) that do not overlap with the side extension members (Jung, ends of plurality of lateral support members 15) have a length extending to upper sides of the pair of side members (Jung, plurality of longitudinal support members 7) (Douglas, cross members 21-24 extended entirely across the truck bed, see Fig 4-6, this would cause the cross members 21-24 to extend to the upper sides of the pair of side members of Jung, as the repair of side members are located within the chassis of Jung).
Allowable Subject Matter
Claims 4, 8-9, and 13-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 prior art discloses the limitations of the claims as discussed above.
Regarding claim 4, Jung discloses the center cross member has an n-shaped upper member and an n-shaped lower member (see Fig 2) and the pair of side extension members each have a u-shaped lower member and a flat upper member combined with each other to define the closed cross-section.
Jung fails to disclose the center cross member and the pair of side extension members each have a u-shaped lower member and an n-shaped upper member combined with each other to define the closed cross-section. A modification of Jung to the claimed shapes would not have been obvious as this would have eliminated the tunnel portion of the high voltage battery 1-1 (see Fig 2) which is utilized for mounting the power transmission part, such as the drive shaft (Jung, par [0036]-[0037]).
Regarding claim 8, Jung further discloses the center cross member (middle portion of lateral support members 15 located between the longitudinal support members 7) and the pair of side extension members (end portion of lateral support members 15 located between the longitudinal support members 7 and the side sills 9) are provided in plural (a plurality are shown in in Fig 1).
Jung does not disclose wherein: a pair of leaf springs is disposed at a rear of the battery pack; and the rear ends of the pair of rear side sills are coupled to the pair of side extension members on which front portions of the pair of leaf springs is mounted among the plural pairs of side extension members.
Specifically, the rear side sills are coupled to the side extension members (end portion of lateral support members 15 located between the longitudinal support members 7 and the side sills 9) but they are not coupled at the rear ends of said side sill.
Nakagome further discloses a pair of leaf springs (main leaf springs 28) disposed at a rear portion of the chassis (see Fig 6, pg 1), wherein front portions of the pair of leaf springs (28) are mounted on front spring brackets (34), but does not disclose the rear ends of the pair of rear side sills are coupled to the pair of side extension members on which front portions of the pair of leaf springs is mounted among the plural pairs of side extension members.
Regarding claim 13, Nakagome, Jung, and Douglas fail to disclose mounting bolts are configured to secure the rear loading item to upper sides of the pair of side members by penetrating the mounting panel and any of the support cross members coupled to any of the pair of side extension members or the pair of side members.
A modification to the rear loading portion of Nakagome to include mounting bolts to secure the rear loading item to the upper sides of the side members would not have been obvious to one of ordinary skill as the rear loading portion of Nakagome is designed to move (e.g. dumping position shown in Fig 1). However, even if the rear loading portion of Nakagome was not designed to move, the specific arrangement of securing the rear loading item to upper sides of the pair of side members by penetrating the mounting panel and any of the support cross members coupled to any of the pair of side extension members or the pair of side members would not have been an obvious arrangement and Douglas does not disclose bolting the support cross members or the mounting panel.
Conclusion
Claims 1-18 are rejected. No claims are allowed.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676