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 § 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.
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (CN 104443039 A) in further view of Kim et al. (KR 20230119445 A).
Regarding claim 7, Cheng et al. teaches a body-in-white of a passenger car (Cheng, annotated in Fig. 2), comprising: a frame structure (Cheng, “electric car frame structure”, Abstract, annotated in Fig. 2) which is peripherally closed and which delimits a receiving space (Cheng, annotated in Fig. 2) for receiving a drive battery having battery modules (Cheng, 5, Fig. 1);
wherein the frame structure (Cheng, annotated in Fig. 2) is formed by first cross members (Cheng, annotated in Fig. 2) which are spaced apart from one another in a longitudinal direction of the passenger car (Cheng, Para. [0006-0008]) and by first side members (Cheng, 4, as shown in Fig. 2) which are spaced apart from one another in a transverse direction (Cheng, as shown in Fig. 2) of the passenger car (Cheng, annotated in Fig. 2);
second side members (Cheng, 1/2, as shown in Fig. 2) adjoining the frame structure (Cheng, as shown in Fig. 2) in the longitudinal direction (Cheng, as shown in Fig. 2) of the passenger car (Cheng, as shown in Fig. 2);
and third side members (Cheng, annotated in Fig. 2) and second cross members (Cheng, annotated in Fig. 2) disposed in the receiving space (Cheng, as shown in Fig. 2);
wherein the third side members (Cheng, annotated in Fig. 2) connect (Cheng, as shown in Fig. 2) the first cross members (Cheng, annotated in Fig. 2) to one another and wherein the second cross members (Cheng, annotated in Fig. 2) connect (Cheng, as shown in Fig. 2) the first side members (Cheng, 4, Fig. 2) to one another;
wherein the second side members (Cheng, 1/2. Fig. 2) adjoining (Cheng, as shown in Fig. 2) the frame structure (Cheng, annotated in Fig. 2), as viewed in the longitudinal direction (Cheng, as shown in Fig. 2), each have, in a connection region (Cheng, as shown in Fig. 2) to a respective first cross member (Cheng, annotated in Fig. 2) of the frame structure (Cheng, annotated in Fig. 2), a load path (Cheng, as shown in Fig. 13b) free of offset in the transverse direction (Cheng, Para. [0056]) is formed between the second side member (Cheng, 1/2, as shown in Figs. 2 and 13b) and the third side member (Cheng, as shown in Figs. 2 and 13b) disposed directly behind it in the receiving space (Cheng, as shown in Figs. 2 and 13b);
wherein the third side members (Cheng, annotated in Fig. 2) and respective second side members (Cheng, 1/2, Fig. 2) of a front-end structure (Cheng, 1, annotated in Fig. 2, Para. [0047]) and/or second side members (Cheng, 1/2, Fig. 2) of a rear-end structure (Cheng, 2, annotated in Fig. 2, Para. [0047]), which are virtually connected in extension, are each directly connected to one another by a respective connecting element (Cheng, annotated in Fig. 2) bridging the respective first cross member (Cheng, annotated in Fig. 2) above.
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However, Cheng et al. fails to teach at least a partial overlap with the corresponding third side member disposed within the receiving space such that, in an event of a collision-induced application of force in at least one of the second side members.
However, Kim et al. teaches at least a partial overlap (Kim, as shown in Figs. 1 and 10) with the corresponding third side member disposed within the receiving space such that, in an event of a collision-induced application of force in at least one of the second side members.
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Therefore, it 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 to construct the corresponding third side member as taught by Cheng et al. to incorporate a partial overlap as taught by Kim et al. with a reasonable expectation of success for the advantage to increase rigidity and alignment of the front and rear side members along the inner side frames.
Regarding claim 8, Cheng et al. teaches the third side members (Cheng, annotated in Fig. 2) in the receiving space (Cheng, as shown in Fig. 2) are disposed adjacent to second side members (Cheng, 1/2, Fig. 2) at least in a front region (Cheng, 1, as shown in Fig. 2) of the body-in-white and/or adjacent to second side members (Cheng, 1/2, Fig. 2) in a rear region (Cheng, 2, as shown in Fig. 2) of the body-in-white.
Regarding claim 9, Cheng et al. teaches the third side members (Cheng, annotated in Fig. 2) are disposed in the receiving space (Cheng, as shown in Fig. 2) between the first cross members (Cheng, annotated in Fig. 2) of the frame structure (Cheng, annotated in Fig. 2).
Regarding claim 10, Cheng et al. teaches the second cross members (Cheng, annotated in Fig. 2) are disposed in the receiving space (Cheng, as shown in Fig. 2) between the first side members (Cheng, 4, Fig. 2) of the frame structure (Cheng, annotated in Fig. 2).
Regarding claim 11, Cheng et al. teaches one of the second cross members (Cheng, annotated in Fig. 2) in the receiving space (Cheng, as shown in Fig. 2) consists of a plurality of partial elements (Cheng, annotated above in Fig. 2) wherein a total length of the plurality of partial elements (Cheng, as shown above in annotated Fig. 2) is smaller than a distance (Cheng, as shown in Fig. 2) between front (Cheng, 1, Fig. 2) and rear cross members (Cheng, 2, Fig. 2) or outer side members (Cheng, annotated in Fig. 2) of the frame structure (Cheng, annotated in Fig. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Patberg et al. (US 20140117716 A1) teaches a similar frame structure of a vehicle.
Kawabe et al. (US 6905165 B2) teaches a floor structure with a plurality of cross members creating a grid pattern.
Nakashima et al. (US 7540343 B2) teaches an underbody framework to storage batteries.
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/Alma D. Schuster/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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