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.
Claims 1-10 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.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-10 depend on claim 1 and thus are also subjected to the 112 rejection.
The claim can we re-written to remove the phase “such as” and have the reinforcing elements comprising glass fibers or carbon fiber, or removing “such as glass fiber or carbon fibers” either option is valid.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Kim (KR 20200033784 A see attached translation) is the closest prior art of record. However, Raiser (US 2018/0062226); Wuensche (US 2018/0013105) and Milton (US 2017/0324128) are also relevant prior arts of record however are missing key claimed elements and are just being shown as relevant prior arts of record. Kim discloses compartment for a device liable to give off heat during operation, wherein the device is an electrical energy storage device for a vehicle (page 3 abstract), the compartment comprising:
at least one seat arranged to receive the electrical device (figure 42 #1110 or figure 47 #2200, is the module seating portion, can be seen within other figures and throughout Kim);
at least one beam forming a side wall of the seat (figures 5, 34, 42 and throughout the beams are #110, #340 or #1200 or the equivalent, discussed throughout);
a cover arranged to be assembled with the beam to close the seat (figure 47 #2100 or 2400, the cover or bottom for several embodiments can also be seen throughout),
the beam in the compartment comprising a core made of a composite material containing a plastics material and reinforcing elements, such as glass fibers or carbon fibers (figures 5, 34, 42 and throughout the beams are #110, #340 or #1200 or the equivalent, fiber-reinforced plastic is a material discussed throughout and could be used as the beam),
wherein either the beam or the cover comprise at least one metal element (metals, such as aluminum are discussed throughout as known elements used throughout several embodiments). Kim is silent to at least one metal claw arranged to come into contact with the metal element and to penetrate the material bearing the metal element. Therefore, Kim is silent to the interaction with the metal claw and other components. Such as wherein the metal element is electrically continuous with the metal claw so as to participate in an electromagnetic protection of the compartment. Within the beams there are fixing holes i.e. #110 and screw are used such as fastening elements (page 24). However, there is no indication that the screws have the required metal claw as instant claimed. This is best seen within instant figure 5 #40. Additionally, the examiner has attached an NPL showing different screw heads that maybe construed to have a metal claw. However, there is no motivation to use any of the very few screws that could possibly meet this limitation. Even then if one was used the material of the screw and the metal would come into play as the claim requires the metal claw to penetrate the material bearing the metal element. Lastly, then the level of tightening the screw would also come into play as the screw would have to be extremely screwed to reach the instant claimed penetration. Therefore, the instant claimed invention has been deemed novel and non-obvious once the 112 rejection has been overcome.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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