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.
Claim 6 is 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 6 recites the limitation "the two tabs" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim. Perhaps this claim should depend from claim 4.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102a2 as being anticipated by PSA Automobiles (WO 2021/038157) [hereinafter as PSA; provided by Applicant].
Regarding claim 1, PSA discloses (paragraphs 29-41, claims, figures) a motor vehicle (1, figs) comprising: a structure with a floor (side rails 3, floor, claims, figures); a tray (5) for electrical traction energy accumulators, arranged under the floor (claim 1, figs) and comprising two side profile members (outer side members 25, figs); a rear drive unit (cradle 7, figs) arranged at the rear of the tray and attached to the structure by attachment means (at least reinforcing lugs of paragraph 30, figs); wherein the attachment means are further attached to each of the two side profile members via a connecting piece, respectively (lug 17 attached to outer side member 25, paragraph 35, figs).
Regarding claim 10, PSA discloses wherein each of the side profile members is an extruded rectilinear profile with a cross-section forming a plurality of cavities (at least figs 1 and 2).
Allowable Subject Matter
Claims 2-5, 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 6 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 when taken alone or in combination does not appear to teach or fairly suggest at this time the motor vehicle of claim 1, wherein the attachment means comprise at each lateral side of the motor vehicle: a core attached to the structure; a ring surrounding the core and connected to the rear drive unit; an elastomer connecting the core and the ring; each of the connecting pieces being attached to one of the cores; the motor vehicle according to claim 1 wherein each of the connecting pieces comprises a tab with a front end attached to the corresponding side profile member and a rear end attached to the attachment means; the motor vehicle according to claim 1, comprising, at each lateral side of the motor vehicle, a piece for attaching the tray to the structure, respectively, each of said attachment pieces being adjacent to the corresponding side profile member and having an upper face attached to said structure; the motor vehicle according to claim 1, wherein the rear drive unit comprises a cradle comprising the attachment means.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/Primary Examiner, Art Unit 3613