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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 02/29/2024 and 09/14/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 1-5, 7-10, 12, 14-16 and 18 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by TW M547523 U to Hu et al. (Google Patent Translation)
With respect to claim 1, Hu et al. teach an electric vehicle comprising: a hollow housing 10 with an opening 12 configured to insert a battery 20, a battery 20 including a box 21 extending along a longitudinal direction, between two longitudinal ends 22 and 23 and, along a longitudinal side of the box 21, a cover 24, and a battery support 30 or 40 mounted inside the hollow housing 10, so as to allow the installation or withdrawal of the battery 20 on the support 30 or 40, through the insertion opening 12, the support 30 or 40 including two parts 30 and 40 configured to cooperate with the two longitudinal ends 22 and 23 of the battery box 21, wherein, along at least one spatial direction, the two support parts 30 and 40 are mounted in a fixed and non-adjustable manner relative to the hollow housing 10, and wherein the cover 24 is mounted in an adjustable manner on the battery box 21 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 2, Hu et al. teach the electric vehicle, wherein the two parts 30 and 40 of the support and/or the battery box 21 are configured to exert a longitudinal tightening stress between the battery box 21 and the support 30 or 40 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 3, Hu et al. teach the electric vehicle, wherein the battery 20 includes fixing element 241 configured to fix the cover 24 to the box 21, said fixing element 241 including a tightening system (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 4, Hu et al. teach the electric vehicle, wherein one of the parts of the support 30 comprises a longitudinal tightening member 35 mounted, along the longitudinal direction of the battery box 21, on an elastic element (lock tongue) (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 5, Hu et al. teach the electric vehicle, wherein the cover 24 is substantially planar and wherein the position of the cover 24 can be adjusted relative to the box 21 along at least one spatial direction of the plane of the cover 24 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 7, Hu et al. teach a method for mounting a battery support 30 or 40 and a battery 20 inside a hollow housing 10 of an electric vehicle with an insertion opening 12, the battery 20 comprising: a box 21 extending along a longitudinal direction, between two longitudinal ends 22 and 23, and, along a longitudinal side of the box 21, a cover 24, and the battery support 30 or 40 including two parts 30 and 40 configured to cooperate with the two longitudinal ends 22 and 23 of the battery box 21, wherein: the two parts 30 and 40 of the support are fixed inside the hollow housing 10 of an electric vehicle in a non-adjustable manner along at least one spatial direction, the battery 20 is installed on the support 30 or 40, inside the hollow housing 10 of the electric vehicle, and the position of the cover 24 is adjusted along said at least one spatial direction on the battery box 21 relative to the insertion opening 12 of the hollow housing 10 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 8, Hu et al. teach the mounting method, wherein, when the battery 20 is installed on the support 30 or 40, a longitudinal stress is exerted between the two parts of the support 30 and 40 and the battery 20 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 9, Hu et al. teach the mounting method, wherein the two parts of the support 30 and 40 are fixed on the hollow housing 10 using a template 13 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 10, Hu et al. teach the mounting method, wherein the position of the cover 24 is adjusted on the battery box 21 using a set of peripheral spacers 211 simultaneously positioned between the different sides of the cover 24 and the insertion opening 12 when adjusting the position of the cover 24 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 12, Hu et al. teach the electric vehicle, wherein at least one of the two parts of the support 30 and 40 or the battery box 21 are configured to exert a longitudinal tightening stress at the level of the fixing of at least one of the two parts of the support 30 and 40 on the inside of the hollow housing 10 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 14, Hu et al. teach the electric vehicle, wherein the position of the cover 24 can be adjusted relative to the box 21 along the two spatial directions of the plane of the cover 24 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 15, Hu et al. teach the electric vehicle, wherein the position of the cover 24 can be adjusted relative to the box 21 along the longitudinal direction of the box 21 and/or a direction transverse to the longitudinal direction of the box 21 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 16, Hu et al. teach the mounting method, wherein the position of the cover 24 is adjusted in a centered manner, along said at least one spatial direction on the battery box 21 relative to the insertion opening 12 of the hollow housing 10 (Hu et al.: Pages 2-3; Figs. 2-4).
With respect to claim 18, Hu et al. teach the electric vehicle, wherein said at least one spatial direction is the longitudinal direction of the box 21 or a direction transverse to the longitudinal direction of the box 21 (Hu et al.: Pages 2-3; Figs. 2-4).
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.
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.
Claims 6, 11, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over TW M547523 U to Hu et al. (Google Patent Translation)
With respect to claim 6, Hu et al. do not specifically teach the electric vehicle, wherein at least one of the two parts of the battery support is made of plastic.
It would have been obvious as of the effective filing dated of the claimed invention to have at least one of the two parts of the battery support is made of plastic, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
With respect to claim 11, Hu et al. do not specifically teach the electric vehicle, wherein the cover 24 has dimensions smaller than the dimensions of the insertion opening 12.
However, changes in size, shape, and proportion of a known element have been held to be obvious. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to claim 13, Hu et al. do not specifically teach the electric vehicle, wherein the tightening system comprises a screw-nut assembly, mounted in an oblong opening of the box whose dimensions are smaller than those of the nut but greater than those of the screw.
However, Hu et al. further teach using screw to mount the components together in the housing. It would have been obvious as of the effective filing dated of the claimed invention to have the tightening system comprises a screw-nut assembly, mounted in an oblong opening of the box whose dimensions are smaller than those of the nut but greater than those of the screw.
With respect to claim 17, Hu et al. do not specifically teach the mounting method, wherein the set of peripheral spacers 241 and 211 are a set of V-shaped peripheral spacers.
However, changes in shape of a known element (the peripheral spacers) have been held to be obvious. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINGWEN R ZENG whose telephone number is (571)272-6649. The examiner can normally be reached 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached on (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LINGWEN R ZENG/Examiner, Art Unit 1723 9/23/2026