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 § 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.
Claims 15-16 and 19-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuyuzaki et al. (US20210221436A1).
Regarding claim 15, Tsuyuzaki discloses a battery tray(i.e. battery pack 28, Fig. 3), comprising:
a battery pan(i.e. bottom portion 125); and
a reinforcing structure arranged on an outside in front of a side wall of the battery pan(i.e. vehicle body substructure 12, Fig. 6)), wherein
the reinforcing structure comprises an inner profile(i.e. side sill inner 66), at least one sleeve(i.e. stiffener 67), and an outer profile(i.e. side sill outer 65),
the inner profile comprises a U-shaped cross section(see Fig. 6) with a web(inward swelling portion 76), two legs(i.e. upper portion 82 and lower portion 83) and an opening(see Fig. 6 where legs end in an opening), the legs and the opening of the inner profile face away from the battery pan(See Fig. 6), and the opening of the inner profile is closed at least in length sections by the outer profile(See Fig. 6), and
the at least one sleeve extends between the two legs, and the at least one sleeve connects openings in the two legs(see Fig. 6 length of stiffener 67 extending between legs and connects the legs).
Regarding claim 16, Tsuyuzaki discloses a battery tray according to claim 15, wherein the reinforcing structure extends in a longitudinal direction of the side wall, and the inner profile and the outer profile configure a hollow profile at least over a length of the reinforcing structure(see Fig. 7 extending in the longitudinal direction and inner spaces 88 and 89).
Regarding claim 19, Tsuyuzaki discloses a battery tray according to claim 15, wherein the two legs comprise joining tabs at respective ends of the two legs(i.e. upper and lower flanges 77 And 78), and the outer profile is coupled to the joining tabs(see Fig. 6).
Regarding claim 20, Tsuyuzaki discloses a battery tray according to claim 19, wherein at least one of the joining tabs extends at an angle relative to a respective leg of the two legs(see Fig. 6).
Regarding claim 21, Tsuyuzaki discloses a battery tray according to claim 19 , wherein the joining tabs comprise an upper joining tab on an upper leg of the two legs and a lower joining tab on a lower leg of the two legs, and the upper and lower joining tabs are directed away from each other(see Fig. 6).
Regarding claim 22, Tsuyuzaki discloses a battery tray according to claim 21, wherein the upper joining tab and the lower joining tab are arranged relative to one another at a tab opening angle, and the tab opening angle is greater than or equal to 45 degrees and less than or equal to 240 degrees(See Fig. 6 where they are open at approximately 180 degrees).
Regarding claim 23, Tsuyuzaki discloses a battery tray according to claim 15 , wherein the outer profile comprises joining webs(upper and lower flanges 72 and 73) supported on the two legs of the inner profile(see Fig. 6).
Regarding claim 24, Tsuyuzaki discloses a battery tray according to claim 15, wherein at least one leg of the two legs comprises at least one leg section inclined to a normal direction of the web(see upper portion 82 approximately normal to inward swelling portion 76).
Regarding claims 25 and 26, Tsuyuzaki discloses a battery tray according to claim 15, wherein at least one leg of the two legs comprises multiple leg sections, and at least two leg sections of the multiple leg sections are oriented differently relative to one another(see lower leg has two section as different orientations separated by a kink/bend).
Regarding claim 27, Tsuyuzaki discloses a battery tray according to claim 15 , further comprising built-in elements in the reinforcing structure(see additional structure including sidewall 84 and 91, Fig. 6).
Regarding claim 28, Tsuyuzaki discloses a battery tray according to claim 15, wherein joining tabs are at respective ends of the two legs(see location in Fig. 6), the outer profile comprises joining webs(i.e. upper and lower flanges 72 and 73), the outer profile is supported by the joining webs resting on the joining tabs(see connection in Fig. 6), while Tsuyuzaki does not explicitly state the joining webs are spot-welded or spot-weld-bonded weld-bonded to the joining tabs Tsuyuzaki does teach welding as a general technique for joining members within the structure and one of ordinary skill would have understood to spot weld the connection at the webs and tabs. Therefore it would have been obvious to spot welded the joining webs to the joining tabs.
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.
Claim 18 rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuzaki et al. (US20210221436A1).
Regarding claim 18, Tsuyuzaki discloses a battery tray according to claim 15, but does not disclose wherein the at least one sleeve comprises two sleeve body parts coupled to each other. However, one of ordinary skill in the art would have recognized for manufacturing purposes or other design requirements the sleeve may be two parts coupled together rather than a single part. Therefore it would have been obvious to have had the at least one sleeve comprise two sleeve body parts coupled to each other depending on design needs. The Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
Claims 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuzaki et al. (US20210221436A1), and further in view of Mochizuki et al.(JP2016137754A, as cited in the IDS dated 05/22/2024, reference made to attached English translation).
Regarding claim 29 and 30, Tsuyuzaki discloses a battery tray according to claim 21, but does not explicitly disclose wherein the upper joining tab and the lower joining tab are arranged relative to one another at a tab opening angle, and the tab opening angle is greater than or equal to 60 degrees and less than or equal to (≤) 120 degrees.
Mochizuki, related to battery boxes, teaches a battery pack 22 (Fig. 2) with a rear frame 32 containing an inner and outer profile joined at tabs where the tabs are approximately 90 degrees from one another.
One of ordinary skill in the art would have recognized tuning the angle of the tabs would optimize the position of the frame within a storage cavity and improve battery protection in a collision(¶[0016]).
Therefore it would have been obvious to have provided a upper joining tab and the lower joining tab are arranged relative to one another at a tab opening angle, and the tab opening angle is greater than or equal to 60 degrees and less than or equal to (≤) 120 degrees to improve the position within the frame and collision protection.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuzaki et al. (US20210221436A1), in view of Lazarz et al. (US20220410685A1).
Regarding claim 17, Tsuyuzaki discloses a battery tray according to claim 15, but does not disclose wherein the at least one sleeve comprises at least one of an upper collar or a lower collar.
Lazarz, related to battery boxes, teaches a battery box 100(Fig. 4, ¶[0036])) with a rail 120 which includes a U-shaped structure connected to a sleeve 150 including a shaft 152 and head 156 and attached on the other side of the sleeve is a side wall 126.
One of ordinary skill in the art would have recognized adding the sleeve with a head(i.e. collar) as a crush tube to the structure of Tsuyuzaki would provide additional support to the structure(¶[0036]).
Therefore it would have been obvious to have added the sleeve of Lazarz to the structure of Tsuyuzaki to provide additional support to the structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN J. ARMSTRONG whose telephone number is (703)756-1243. The examiner can normally be reached Monday-Friday 10 am-6 pm EST.
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/K.J.A./Examiner, Art Unit 1726 /RYAN S CANNON/Primary Examiner, Art Unit 1726
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