DETAILED ACTION
This is on the merits of Application No. 18/691245, filed on 03/12/2024. Claims 1-14 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 03/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one component is “a swing axle, a stabilizer, a suspension strut, a damper strut, a spring or a damper… an electric motor, a gearbox or a drive shaft bearing” of claim 2, the “at least one component is directly fastened to the at least one fastening point” of claim 3, all the remaining alternatives of “the transverse area extends” of claim 6, “at least one damping element arranged between the subframe and the battery housing” of claim 9, and “the at least one component is screwed or welded to the at least one fastening point” of claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 states “the transverse area” and should state --a transverse area--. 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.
Claims 2 and 5 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 2 states “wherein the at least one component of the wheel suspension… and/or wherein the at least one component of the drive train”. It is unclear how the at least one component can be both “of the wheel suspension” and “of the drive train” when claim 1 only has the at least one component in an alternative of a drive train and a wheel suspension. It is suggested applicant either change the “and/or” statement to just “or” to maintain consistent language in the claims.
Claim 5 states “wherein at least one component of a left wheel suspension and at least one component of a right wheel suspension”. It is unclear if these are additional components or the same “at least one component” of claim 1. It is also unclear how the right and left wheel suspension relate to the wheel suspension of claim 1. If these are all the same as claim 1, which it appears to be, then it is suggested applicant state something along the lines of “wherein the wheel suspension comprises a left wheel suspension and a right wheel suspension, and a first component of the at least one component is of the left wheel suspension and a second component of the at least one component is of the right wheel suspension.”
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 1-8, 10-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102013210575 to Stenzenberger et al (cited in applicant’s IDS).
Stenzenberger discloses:
(Claim 1) A vehicle sub-assembly (Fig. 2) comprising a battery housing (8) with at least one fastening point (see Fig. 2), and at least one component (7, 2) of a drive train or a wheel suspension, wherein the component is supported on the battery housing via the at least one fastening point (element 7 directly supported by battery housing through 15 and element 2 supported indirectly through 9).
(Claim 2) wherein the at least one component of the wheel suspension is a control arm (7 and 2 are considered control arms, see Abstract), a swing axle, a stabilizer, a suspension strut, a damper strut, a spring or a damper, and/or wherein the at least one component of the drive train is an electric motor, a gearbox or a drive shaft bearing.
(Claim 3) wherein the at least one component is directly fastened to the at least one fastening point (element 7 directly fastened through 15).
(Claim 4) further comprising a subframe (9) fastened to the at least one fastening point on the battery housing (see par. [0039] 9 is welded to 8), wherein the at least one component is fastened to the subframe (see par. [0039] 2 is connected to 9).
(Claim 5) wherein at least one component of a left wheel suspension and at least one component of a right wheel suspension are fastened to the subframe (see Fig. 2, although only 1l is shown, 1r would also be applied to the right side).
(Claim 6) wherein the subframe comprises a left side area for fastening the left wheel suspension and a right side area for fastening the right wheel suspension (1l and 1r as applied to Fig. 2), wherein the two side areas are connected by a transverse area (transverse area of 9), wherein the transverse area extends below the battery housing and/or in front of the battery housing and/or behind the battery housing and/or above the battery housing (see Fig. 2).
(Claim 7) wherein the battery housing comprises a recess (see Fig. 3, recess under lip of 8b that element 9 attaches to) for accommodating the subframe.
(Claim 8) wherein the transverse area is arranged in the recess (see Fig. 3).
(Claim 10) A vehicle, with a vehicle sub-assembly according to claim 1 (see Title).
(Claim 11) wherein the at least one component is screwed or welded to the at least one fastening point (Fig. 2 see unlabeled screw at A7’).
(Claim 12) wherein the recess is an indentation (the recess can be considered an indentation).
(Claim 14) wherein the vehicle is a battery electric vehicle (see Title, carries batteries, can be considered a battery electric vehicle).
Claims 1-6, 10, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102012010897 to Busche et al (cited in applicant’s IDS).
Busche discloses:
(Claim 1) A vehicle sub-assembly (10) comprising a battery housing (12) with at least one fastening point (see Figs. 4-7), and at least one component (16) of a drive train or a wheel suspension, wherein the component is supported on the battery housing via the at least one fastening point (par. [0035]-[0045], battery housing 12 supports component 16 either directly or via fastening of 44 to 12, see in particular par. [0042]).
(Claim 2) wherein the at least one component of the wheel suspension is a control arm (par. [0035], 16 is a control arm), a swing axle, a stabilizer, a suspension strut, a damper strut, a spring or a damper, and/or wherein the at least one component of the drive train is an electric motor, a gearbox or a drive shaft bearing.
(Claim 3) wherein the at least one component is directly fastened to the at least one fastening point (see par. [0042] can be fastened directly to battery box).
(Claim 4) further comprising a subframe (44) fastened to the at least one fastening point on the battery housing, wherein the at least one component is fastened to the subframe (par. [0042], 44 serves as an additional connecting structure to 12, thus fastened at the fastening point and 16 can directly connect to 44).
(Claim 5) wherein at least one component of a left wheel suspension and at least one component of a right wheel suspension are fastened to the subframe (Fig. 4 par. [0042], 16 on the left and right can be directly fastened to subframe 44).
(Claim 6) wherein the subframe comprises a left side area for fastening the left wheel suspension and a right side area for fastening the right wheel suspension (left and right areas where 16 connects), wherein the two side areas are connected by a transverse area (see Fig. 6 transverse area of 44), wherein the transverse area extends below the battery housing and/or in front of the battery housing and/or behind the battery housing and/or above the battery housing (see Fig. 6).
(Claim 10) A vehicle, with a vehicle sub-assembly according to claim 1 (par. [0035], part of a vehicle not shown).
(Claim 14) wherein the vehicle is a battery electric vehicle (Par. [0035], carries batteries, thus can be considered a battery electric vehicle).
Claims 1-2, 4, 7, 9-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent App. Pub. No. 2017/0210218 to Schmalzrieth et al.
Schmalzrieth discloses:
(Claim 1) A vehicle sub-assembly (Fig. 1) comprising a battery housing (2) with at least one fastening point (Fig. 6 element 45), and at least one component (not shown electric machine, see par. [0033]) of a drive train or a wheel suspension, wherein the component is supported on the battery housing via the at least one fastening point (subframe 1 houses electric machine of a drive train and is connected to battery housing through the fastening point shown in Fig. 6).
(Claim 2) wherein the at least one component of the wheel suspension is a control arm, a swing axle, a stabilizer, a suspension strut, a damper strut, a spring or a damper, and/or wherein the at least one component of the drive train is an electric motor (Par. [0033] electric machine mounted between elements 5 and 7), a gearbox or a drive shaft bearing.
(Claim 4) further comprising a subframe (1) fastened to the at least one fastening point on the battery housing (Fig. 6, through element 31 of the subframe), wherein the at least one component is fastened to the subframe (par. [0033], electric machine now shown is fastened to subframe between 5 and 9).
(Claim 7) wherein the battery housing comprises a recess (Fig. 5 element 41) for accommodating the subframe.
(Claim 9) wherein at least one damping element (33) is arranged between the subframe and the battery housing.
(Claim 10) A vehicle, with a vehicle sub-assembly according to claim 1 (Title).
(Claim 12) wherein the recess is an indentation (the recess can be considered an indentation).
(Claim 13) wherein the at least one damping element includes an elastomer (Par. [0031], 33 is an elastomer).
(Claim 14) wherein the vehicle is a battery electric vehicle (Title, carries batteries, thus can be considered a battery electric vehicle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Calandruccio (US 2022/0194194) discloses a universal electric conversion kit for internal combustion vehicles.
Drabon et al (US 2022/0041042) discloses electric vehicle with axle modules.
Ross et al (US 2007/0199748) discloses a modular electric powertrain for a vehicle.
Bifano (WO 2021/151409) discloses an axle assembly and low floor vehicle.
Zhang (CN 112092606) discloses a wheel type electric drive axle with power supply system.
Knaub et al (DE 102015218793) discloses an arm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HANNON whose telephone number is (571)270-1943. The examiner can normally be reached Monday - Friday 10-6.
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, Ernesto Suarez can be reached at (571) 270-5565. 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.
/TIMOTHY HANNON/Primary Examiner, Art Unit 3655